SUQUAMISH — For more than 40 years, the informal foot path at the end of James Street had been the public’s only access to the beach in northeast Suquamish.

At the end of March, Kitsap County Public Works fenced off the path with a $1,500, 40-foot-long, eight-foot-high chain link fence put up at

taxpayers’ expense.

On April 18, in response to community complaints, Public Works officials met with members of the Suquamish Citizens Advisory Committee and concerned residents at the path to discuss possible options.

The county’s responsibility to maintain the easements at road ends for public beach access is clearly delineated in Washington’s Shoreline Management Act; counties are especially encouraged to be supportive of popular informal foot paths down to the shore.

Protecting and developing beach access and the walking trails and foot paths in Suquamish has been a goal of the SCAC since the county created it in 2006. The James Street path and five other road-end paths appear on a 2011 map in a SafeRoutes brochure prepared by SCAC with county aid, according to Bruce Goodrich, SCAC founding member who chaired the trail and paths subcommittee that developed the brochure.

“The public has been using this path at least since the 1970s when I was a small boy and our family lived nearby,” Jeff Hoyle told officials at the April 18 meeting. With Public Works’ verbal approval, he said, he had cleared the foot path to the beach on public property for the use of his children and neighbors.

In early 2015, an adjacent property owner erected a privacy fence, complaining to Kitsap County Public Works of trespassers and

vandalism. In June, Will McDonald, chair of the SCAC trail and paths committee, cleaned up Hoyle’s trail. Meanwhile, another neighbor, concerned that the new fence might be on the right-of-way, also contacted Public Works. When road-end inspector Dale Blackwood investigated, his attention was drawn to the path, which he determined was unsafe. He ordered any work on the path to cease and posted a stop-work order at the site.

Kitsap County Risk Manager Tim Perez said the decision to fence off the path was made because of liability concerns. Perez said the county does not inspect road-end paths unless a concern is brought to their attention. Then they are required to inspect it to determine its safety. There are no plans to inspect any of the other road-end beach access sites in Suquamish, Perez said.

In an interview on March 13, Public Works Director Andrew Nelson said the SCAC was notified about the pending path closure at its March

8 meeting. But there was no mention of this in the formal minutes. At the March 18 meeting, David Forte, the Public Works transportation planner who is mediating the issue, said public notice was not required. “Any time Public Works sees a hazard on a public right-of-way, we immediately shut it down,” he said.

He went on to say the department would have to do an internal review to see if the path could be re-opened and what conditions would have to be met in order for it to be safely designated a “recreational path” (one that is not ADA-compliant).

Hoyle hotly disputed Forte and Blackwood’s charge that the path was unsafe.

“Since 2011 when I improved the path, I challenge you to find one person who ever fell or was hurt.”

SCAC Chairman Tom Curley added, “The SCAC supports public use of this [trail].”

In the end, it was agreed that the county will complete its liability risk assessment process and get back to the SCAC by May 2. Forte said the assessment would contain two options. The long-term option would list all of the safety issues that would eventually have to be addressed. The short-term option would be the minimal improvements that would suffice for pulling the fence down immediately, provided there was evidence long-term concerns would be met in a timely fashion.

In the past, assuming responsibility for correcting and maintaining paths has been the responsibility of SCAC. However, Forte said the county just realized on April 15 that SCAC, being a county organization, meant the county still had a liability responsibility. Consequently, a not-for-profit organization, such as the North Kitsap Trails Association, would have to submit the application and assume responsibility for maintaining the path.

Last fall, a county inspector posted a notice ordering all work be stopped on a 50-year-old trail at the end of James Street in Suquamish. Photo: Terryl Asla / Herald