Judge Dismisses Lawsuit on TRPA's Scenic Shoreland Regulations

23 April 2005

A federal judge has dismissed an amended lawsuit regarding the Tahoe Regional Planning Agency's scenic rules at Lake Tahoe, according to Agency Counsel John L. Marshall.

The court ruled in favor of TRPA in two areas: they affirmed the agency's procedures for using an initial environmental checklist when reviewing projects in the Tahoe Basin and they denied any takings claims asserted in the lawsuit.

The lawsuit claimed that TRPA's scenic shoreland rules would negatively impact architectural quality at Lake Tahoe by limiting freedom of architectural design. The court said this argument "twists the concept" of the bi-state Compact which formed the agency in order to protect the natural landscape from the impacts of manmade development.

Previous lawsuits have been dismissed by the court, which held that TRPA used sound planning in implementing the ordinance in 2002 designed to stop the degradation of scenic standards around the lake, according to the court decision.

Lawsuits have challenged the scenic shoreland ordinance which applies to lakefront homes which are under construction or seeking permits to be re-modeled. The ordinance was designed to help stop the trend of degrading scenic standards over the last 15 years at Lake Tahoe, as documented in TRPA's threshold reports. The rules call for new homes and those seeking permits to remodel to blend with the surrounding natural environment, according to TRPA.

"While we believe it's truly our mission to protect the scenic values of Lake Tahoe," said John Singlaub, Executive Director, "we want to move on and focus on the positive difference the Agency can make in the future."

Created by the states of Nevada and California, and an act of Congress in 1969, the Tahoe Regional Planning Agency is a bi-state environmental land use planning agency which leads the cooperative effort to preserve, restore, and enhance the unique natural and human environment of the Lake Tahoe region. For more information, please contact Julie Regan, TRPA Communications Director at 775-588-4547 x 237 or John L. Marshall at 775-588-4547 x 226.

Contacts
TRPA
Julie Regan, 775-588-4547 ext. 237
www.trpa.org