Richland hearing examiner keeps records open after flagging missing "no net loss" analysis

Hearing Examiner Gary McLean said he would hold the record open on two shoreline substantial development permit applications after identifying what he called a legal gap in the staff analyses: a missing demonstration that the projects would not cause a net loss of shoreline ecological functions and values. "I don't believe that legal conclusion is correct at all," McLean said, referring to staff language that appeared to assume the code requirement did not apply because parts of the sites are already developed.

McLean cited the city's shoreline code and said the record must contain consultant evidence, mitigation sequencing and design elements that can be tied to explicit findings before he issues a decision. He instructed staff and the applicant teams to post any supplemental materials on the city's project page and set a minimum period for submissions: at least one week for the Benton Franklin Transit file and two weeks for the Port of Benton item. McLean said he reserved the right to reopen the hearing depending on what is submitted and that any decision will be appealable to the Washington State Shoreline Hearings Board.

The hearing covered two separate applications. For both, McLean said he was not prejudging whether mitigation would be required but that he needed a "road map" through consultant reports showing how the measures would lead to no net loss. The record will remain open until the examiner reviews the supplemental submittals and determines whether the written record supports final findings.