The Washington State Senate will hold a hearing today on HB 1814, a bill that would exempt the Burke-Gilman Missing Link project from the State Environmental Policy Act (SEPA), removing a major legal barrier to construction.
For three decades, the city has faced legal challenges from some Ballard business owners over the Missing Link’s completion, which includes a 1.4-mile section of missing trail. The city’s preferred route along Shilshole Ave NW has been stalled by legal appeals, but HB 1814 aims to bypass further delays by granting a SEPA exemption.
Two alignments for the Missing Link have been under discussion: either along Shilshole Ave NW or on Leary Ave NW, which many in the Ballard business community want.
The bill has precise language limiting its impact to specific projects: it applies only to trails covering 10 acres or less, on railroad right-of-way designated for interim trail use, and within a city of at least 500,000 people (i.e., Seattle). This means the Missing Link is the only project currently affected.
While the Cascade Bicycle Club strongly supports the bill, arguing that SEPA has been misused to stall the project through legal technicalities, some tribal groups have raised concerns about potential SEPA exemptions. The bill requires “meaningful consultation” with any federally recognized tribe that may be affected, and if an agreement is not reached, mediation is required. If no consultation is initiated within 90 days, the exemption takes effect.
Meanwhile, the city and local leaders including District 6 Councilmember Dan Strauss have been working on a feasibility study for the Leary Ave NW alignment. As of December, it was at 30% design.
If the bill passes through the Senate and becomes law, it would remove the most significant legal obstacle to completing the trail along Shilshole Ave NW. It would take effect 90 days after the legislative session adjourns.
We’ll keep you updated on the outcome of today’s hearing.
Photo: Google Image Capture June 2021
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