Property owners fined $204,000 for damaging Deschutes River shoreline

Two Thurston County property owners were fined $204,000 by the Washington Department of Ecology for unpermitted shoreline development along the Deschutes River near Yelm.

Chuck and Austin Rogers damaged the river’s sensitive shoreline ecosystem by building unauthorized structures in protected areas, illegally placing fill in and around the river and unlawfully clearing and grading its banks.

The Rogers own four connected parcels near Yelm on Lawrence Lake Road Southeast and Cougar Mountain Trail Road Southeast. Approximately 1,700 feet of the Deschutes River flows along the northern edge of the properties, and it was in this area that the Rogers illegally cleared and graded 4.5 acres of land along the shoreline and placed fill in and around the river.

The Rogers also built dozens of unauthorized structures within 200 feet of the Deschutes River’s ordinary high water mark—a  protected and environmentally sensitive area—to support a recreational vehicle park and commercial hauling business where they store large volumes of construction debris next to the river.

The Rogers did not seek or obtain permits or approvals from Thurston County or Ecology to undertake their shoreline development activities, actions required under the state Shoreline Management Act. This state cornerstone environmental law was adopted by voters in 1972 to manage and protect Washington’s more than 28,000 miles of river, lake and marine shoreline.

Before Ecology issued its penalty, the department and Thurston County held joint discussions with the Rogers to make sure they understood how to comply with state law and avoid damaging the environment. Instead, the Rogers chose to continually expand development at the site. Their actions have been unlawful since 1990 when Thurston County adopted its shoreline master program.

The Rogers’ development activities occurred along a stretch of the Deschutes River shoreline the county designated to be in a “conservancy environment” in its shoreline master program. This means preferred shoreline uses involve nonpermanent activities that protect the environment and preserve historic and cultural areas, with moderate to little visual evidence of permanent structures and occupancy.

Bobbak Talebi, Ecology’s Southwest Region director, said the Rogers “debilitated” much of the Deschutes shoreline environment that normally helps provide clean water, stable stream and riverbanks, and healthy trees and vegetation for fish and wildlife.

“Ecology and Thurston County have taken every step to make sure the Rogers understood why their actions are not allowed and what options they have to address the issues,” Talebi said. “However, they demonstrated they are unwilling to follow through with local and state regulators to restore the damage they have caused. Instead, they chose to expand their unpermitted development activities, knowing full well they are threatening human health and the environment.”

Talebi said by illegally clearing, grading and developing the shoreline, the Rogers have harmed aquatic habitat, increased the threats of streambank erosion and floods in the area, and degraded local water quality. Placing solid waste next to the river also risks further contamination.

The Rogers have 30 days to appeal the penalty to the Washington Shorelines Hearings Board.