TRPA appeals pier construction ruling

The Tahoe Regional Planning Agency has said it will appeal a federal judge's ruling that struck down rules guiding new pier construction and other shoreline activity on Lake Tahoe.

The agency hopes to overturn a September decision by U.S. District Court Judge Lawrence K. Karlton that found TRPA failed to ensure protection of the lake's environment with new regulations on shoreline development, according to the Reno Gazette-Journal.

"We feel there is substantial case law that supports the analysis TRPA used" in preparing the regulations, said Nicole Rinke, the agency's general counsel. "The amendments were the result of a 20-plus-year stakeholder process and represent a reasonable approach to regulation of the shoreline."

While the appeal is pending, a freeze will remain in effect on new piers, buoys and moorings around the Tahoe Basin. After Jan. 17, TRPA will begin accepting applications for shore zone projects under rules in effect before the October 2008 adoption of the regulations now being litigated.

The League to Save Lake Tahoe and the Sierra Club sued over those regulations, which would have allowed 138 new piers, 1,862 new buoys and six new boat ramps.

Wendy Park, an Earthjustice attorney representing the two environmental groups, described Karlton's ruling at the time as a "very significant ruling for Lake Tahoe."

The new shoreline facilities, Park said, would have caused additional boating pollution and further diminished clarity of the landmark alpine lake.

Stay away from shoreline

A regulation from the Tahoe Regional Planning Agency (www.trpa.org) that many boat operators aren’t aware of is that they must stay at least 600’ from the shoreline and go no more than 5 mph within 600’ of the shoreline or in buoy fields. This also applies for personal watercraft and other motorized craft.

The law is designed to provide kayakers, swimmers and others in non-motorized craft a safe area to enjoy the lake and to protect shoreline erosion from excessive wakes.

Jay Schmidt of the U.S. Coast Guard Auxiliary says that many people don’t recognize the law, but will see more enforcement this summer.

While there is no speed limit on Lake Tahoe, the 5 mph speed is enforcement in buoy fields/marinas and within 600’ of shoreline.

As well, boaters must obey any posted speed limits (on buoys) in other areas, such as the 5 mph limit in Emerald Bay.