– Submitted by the office of Nicholas Power, attorney at law in Friday Harbor

On Dec. 14, San Juan County Hearing Examiner Sharon A. Rice reversed the county’s denial of Orca Dreams LLC application to remove hazard trees in the shoreline jurisdiction. In a 12-page written decision Hearing Examiner Rice stated, “substantial evidence in the record supports the conclusion that the trees in question meet the definition of hazard trees and should be severely pruned and/or removed consistent with the May 12, 2015 hazard tree removal plan.”

The subject of the dispute with the county was 12 trees that were on the Honeywell 40 acre property located in the shoreline jurisdiction which is defined as 200 feet landward of the ordinary high water mark. The 12 trees were located in a stand of several hundred other trees but were ones that were in imminent danger of collapse. The Honeywells had a certified arborist, John Geniuch, inspect the trees and prepare a hazard tree removal plan.

Under the San Juan County Code 18.20.080 a “hazardous tree” is a tree that a certified arborist has determined has: 1) a high probability of falling due to a debilitating disease or structural defect; and 2) potential for significant property damage. Removal of hazardous trees is listed as “exempt” under the Critical Areas Ordinance, yet in this case the county required a professional report and then disagreed with the professional.

The county did not retain an arborist. Former Director of San Juan County Department of Community Development, Sam Gibboney, conceded that the trees were hazardous but suggested the Honeywells could avoid the hazard by fencing off the trees and installing a gate for access during periods of no rain or wind. Her other suggestion was to refrain from using their beach altogether.

The hearing examiner noted that it was rare that the county challenged the opinion of a certified arborist and that the “lack of an established practice of challenging a certified arborist’s report” weighs against deference to the department’s decision. The Honeywells, who are represented by Nick Power and Stephanie O’Day, were pleased that the hearing examiner recognized the importance of allowing a shoreline owner to remove dangerous trees, and not prohibiting the land owners use of their own property.

Dave Honeywell speaking on behalf of himself and his wife said, “This was a long, expensive and unnecessary battle with the county for a homeowner to go through to remove clearly hazardous trees. When it comes down to it, I just wanted a safe place on the beach for my grandkids to play, I don’t think that is too much to ask. He added,”the county can’t predict when trees are going to fall and it was inappropriate for taxpayers to shoulder the potential liability for when they do fail. Accepting the county direction would put a burden on everyone in the county. Landowners should have the right to use their property without jumping through such onerous hoops. All this, to take out a handful of dead trees? It’s just crazy.”