[Board1] concerning proposal by Port Angeles City Council

[Maureen Pfaff]

Hi all,

One of our local builders called me this afternoon about a proposal that came out at the city council meeting this week.  They were discussing the city's 20-year Comprehensive Plan which is under review and scheduled to be finalized and go into effect January 26, 2026.  The specific proposed change that got my attention is discussed in the attached document beginning on the bottom of page 4 under the heading:  A New Push:  Expanded Tribal Authority over City Decisions.

In a nutshell, they are proposing to replace the current language of acknowledging the Lower Elwha Klallam Tribe's sovereign status and agreement by the City to work collaboratively with the Tribe on future land-use planning with "Free, Prior, and Informed Consent (FPIC) which is an international legal standard going far beyond anything currently required under Washington law, the Centennial Accord, or federal Indian law according to the party who wrote this review of the council session.

FPIC requires the following:


  *
Tribal consent before a project moves forward
  *
No deadlines or time limits
  *
Full documentation, in the tribe's language
  *
The right for the tribe to say yes, no, or reverse it's decision
  *
Binding legal agreements, grievance procedures, and compensation systems
  *
Deference to tribal timelines, lawyers, and independent experts
  *
Stoppage of projects until consent is obtained

According to the writer, FPIC is designed for mining, dams, oil extraction, and major infrastructure in developing nations.  It has never been applied to municipal planning, city rezones, or individual property permits in Washington state.

In reading this, my concern is how would it affect our ability to insure transactions?  I don't believe the council is taking into account all of the potential repercussions adopting this language is opening up.  I am curious if anyone else on the board has heard of language such as this being added into a city planning document and, if so, what sort of issues have arisen insuring projects.  Beyond that, I am curious what our underwriters see as potential effects on insurability of properties in the city of Port Angeles with this type of planning requirement.

The next city council meeting is December 16th and the local real estate community plans to be at the meeting with prepared comments.  I would like to hear the thoughts of this board as I am preparing my own comments for submission.
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