H-0664.1 _______________________________________________
HOUSE BILL 1694
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State of Washington 52nd Legislature 1991 Regular Session
By Representatives Wilson, Morton, Fuhrman, Van Luven, May, Hargrove, Betrozoff, Broback, Miller, Paris, D. Sommers, Chandler, Ballard, McLean, Orr, Nealey, P. Johnson, Brumsickle, Bowman, Sheldon and Morris.
Read first time February 6, 1991. Referred to Committee on Judiciary\Appropriations.
AN ACT Relating to shoreline management; amending RCW 90.58.270 and 90.58.290; and providing for a submission of this act to a vote of the people.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 90.58.270 and 1971 ex.s. c 286 s 27 are each amended to read as follows:
(1) Nothing in this statute shall constitute authority for requiring or ordering the removal of any structures, improvements, docks, fills, or developments placed in navigable waters prior to December 4, 1969, and the consent and authorization of the state of Washington to the impairment of public rights of navigation, and corollary rights incidental thereto, caused by the retention and maintenance of said structures, improvements, docks, fills or developments are hereby granted: PROVIDED, That the consent herein given shall not relate to any structures, improvements, docks, fills, or developments placed on tidelands, shorelands, or beds underlying said waters which are in trespass or in violation of state statutes.
(2) Nothing in this section shall be construed as altering or abridging any private right of action, other than a private right which is based upon the impairment of public rights consented to in subsection (1) hereof.
(3) Nothing in this section shall be construed as altering or abridging the authority of the state or local governments to suppress or abate nuisances or to abate pollution.
(4) Subsection (1) of this section shall apply to any case pending in the courts of this state on June 1, 1971 relating to the removal of structures, improvements, docks, fills, or developments based on the impairment of public navigational rights.
(5) Nothing in this chapter shall be construed to authorize the state or a local government to classify private property under a master program as natural environment or conservancy environment, as those terms are defined by the director, without prior notice to the owner. No private property may be classified natural environment or conservancy environment unless the owner is compensated for the loss of any use or potential use which is authorized under zoning or other land use regulations and which would be prohibited by a natural environment or conservancy environment classification. As used in this section, "owner" means an individual, corporation, association, or other legal entity holding real property in fee, as a life estate, or by contract purchase.
Sec. 2. RCW 90.58.290 and 1971 ex.s. c 286 s 29 are each amended to read as follows:
The restrictions imposed by this chapter or any master program shall be considered by the county assessor in establishing the fair market value of the property.
NEW SECTION. Sec. 3. This act shall be submitted to the people for their adoption and ratification, or rejection, at the next succeeding general election to be held in this state, in accordance with Article II, section 1 of the state Constitution, as amended, and the laws adopted to facilitate the operation thereof.