Our public letter to the City of Seattle:

The Seaplane Environmental Coalition writes this letter in response to the August 14, 2019, letter from Kenmore Air to Lt. Abram Barker at Harbor Patrol (click here to read Kenmore Air’s letter). The Seaplane Environmental Coalition represents a diverse group of users of the Lake Union basin comprised of thousands of people who enjoy it for its commercial, residential, environmental, natural, wildlife, and recreational resources. We request an opportunity to meet with you and Kenmore Air to collaborate on a path to resolve the number of outstanding environmental, regulatory, and public safety issues related to the continuous uncontrolled expansion of Seaplane operations on Lake Union. In the 1970’s there were seven to ten flights a week off Lake Union. In 1989, when the Seaplane Operators, Seaplane Environmental Coalition, and City of Seattle entered into an agreement to lessen the Seaplanes’ impacts on Seattle, there were 40 flights a day. (Attachment B – Lake Union Seaplane Agreement). Now, there are often over 100 scheduled flights a day. Kenmore’s proposed effort to establish a dedicated runway will increase seaplane activity at the expense of all other users, including the environment.

The Lake Union airstrip (Airport LKE) is operated over state lands and navigable waters, and it appears to be under the proprietary control of the Washington State Department of Transportation. (Attachment C - WSDOT Airport Facilities and Services Report for LKE). Yet, it does not appear that WSDOT provides significant oversight over LKE operations. Similarly, there are little to no Federal Aviation Administration (FAA) controls, and to date we have not located local land use permits for Kenmore Air or LKE for the water airstrip.

Contrary to Kenmore’s assertion in its letter, this is not simply a Seattle Police Department matter. SMC Chapter 16.60, Harbor Code Use of Waterways - Permits, states the Seattle Department of Transportation must issue use permits for the waterways, and the Seattle Municipal Code also states that those use permits are subject to approval by “the State of Washington, Commissioner of Public Lands, the Port of Seattle, and the United States of America, Department of Army, Corps of Engineers; [unless those] agencies have declined jurisdiction or expressed in writing no objection to the erection of such structure.” Seaplanes are also subject to regulation by the FAA and Department of Homeland Security. At present, it remains unclear which of these agencies sought public input for and approved the Lake Union seaplane buoy system. In addition, the buoy system is an “airport development” and eligible for review by the FAA prior to installation. 49 USC Section 47102(3); 14 CFR Section 1577. As such, until the current and any other proposed buoy system has been thoroughly reviewed by all regulatory agencies and properly permitted, it should not be allowed.

In addition to regulatory controls, water airstrips are subject to engineering constraints, such as length of runway and approach angles and distances. Seaplanes and seaplane maintenance are also very hard on the environment. They are noisy, and as is shown by Kenmore Air’s repeated noncompliance with Department of Ecology regulations at its Bothell facility, seaplanes have a direct impact on water quality. Not surprisingly, Cities can prohibit Seaplane landings and takeoffs altogether. See Gustafson v. City of Lake Angelus, 76 F.3d 778 (6th Cir. 1996) (upholding City of Lake Angelus’s ban on seaplane use due to “noise, danger, apprehension of danger, pollution, apprehension about pollution, contamination and infestation from other bodies of water, destruction of property values, and interference with other lawful uses of the lake enjoyed by the great majority of citizens, including boating, sailing, fishing, swimming, and other recreational uses”). Seattle and Lake Union share the same impacts related to life-safety and toxic fumes, making it hard to justify the convenience of people wishing to avoid a 25-minute drive to and from a nearby land-based airport. Seaplanes may be a nostalgic part of our recent history, but privately-owned businesses cannot be permitted to increase operations indefinitely and so dramatically at the expense of Lake Union’s critical commercial, recreational, and environmental resource.

Lake Union’s shoreline is defined by many different land use categories. Commercial, residential, and manufacturing/industrial zoning surrounds Lake Union. (Attachment D - Zoning Maps). To the extent the lake is zoned Conservancy Navigation, as Kenmore asserts, then the water airstrip is prohibited. SMC 23.60A.240, Table A, Section N.9; SMC 23.84A.038 – “T” (“Transportation facilities, air” are “prohibited”). (Attachment E – Conservancy Navigation Use Table). With so much complexity, and so many different Lake Union users at stake, a comprehensive land use plan after public input is long overdue. (Attachment F – Seattle Ordinance 119929 Rejecting Water-Based Airports).

Accommodating all the users of Lake Union basin is not an impossible task, but it is a complex one that will require dedicated resources to resolve in an equitable manner. The Seaplane Environmental Coalition looks forward to engaging with all interested parties in a productive and professional manner toward long-term sustainable policies for the users of Lake Union basin. In the meantime, we request that the City of Seattle reject Kenmore’s application for the seasonal buoys until such time as a comprehensive land use plan for Lake Union based on public input is implemented.

(Download this letter)