BP BHEAD INT H

AN ACT Relating to flood damage reduction; amending RCW 86.12.200, 86.16.025, 86.16.041, 86.16.045, 86.26.105, 75.20.100, 75.20.103, 90.58.030, 86.26.050, 86.26.007, 86.15.030, 86.15.050, 86.15.160, 58.19.055, and 86.16.031; adding new sections to chapter 86.16 RCW; adding a new section to chapter 35.13 RCW; adding a new section to chapter 35A.14 RCW; adding a new section to chapter 43.17 RCW; adding a new section to chapter 75.20 RCW; adding new sections to chapter 64.04 RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

PART I

LAND USE PLANNING

NEW SECTION. Sec. 101. A new section is added to chapter 86.16 RCW to read as follows:

The department shall adopt rules establishing zero-rise floodway by July 1, 1994, for all unincorporated areas designated as within the one hundred year flood plain on the most recent maps provided by the federal emergency management agency for the national flood insurance program. Where a county has conducted a special study to determine projected flows under future developed conditions, the county may use the projected flows as the basis for determining the zero-rise floodway. The rules adopted by the department shall meet the following minimum requirements:

(1) Except as provided in subsection (2) of this section, a development proposal within a designated flood plain including but not limited to, new or substantially improved structures may not cause an increase in the base flood elevation or a net decrease in the storage volume of the flood plain unless the following requirements are met:

(a) Amendments to the flood insurance rate map have been adopted by the federal emergency management agency to incorporate the increase in base flood elevations; and

(b) Appropriate legal documents are prepared in which all property owners affected by the increased flood elevations consent to the impacts on their property. These documents shall be filed with the title of record for the affected properties.

(2) The following are presumed to produce no increase in base flood elevation:

(a) Residential structures or substantial improvements to existing residential structures using a foundation of posts and piers or similar construction;

(b) Residential structures or substantial improvements meeting the following conditions:

(i) The residence is in existence before the effective date of this section;

(ii) The lot contains less than five thousand square feet of buildable land outside the zero-rise floodway; and

(iii) The total building footprint of all proposed structures on the lot is equal to or less than two thousand square feet. On a one-time basis, a substantial improvement may increase the total building footprint beyond two thousand square feet if the improvement does not increase the total building footprint by more than twenty percent;

(c) Structures and installations that are dependent upon the floodway may be located in the floodway if the development proposal is approved by all agencies with jurisdiction. Such structures include, but are not limited to:

(i) Dams or diversions for water supply, flood control, hydroelectric production, irrigation, or fisheries management;

(ii) Flood damage reduction facilities, such as levees and pumping stations;

(iii) Stream bank stabilization structures where no feasible alternative exists for protecting public or private property; and

(iv) Storm water conveyance facilities;

(d) Farm and agricultural land as defined in RCW 84.34.020(2).

NEW SECTION. Sec. 102. A new section is added to chapter 86.16 RCW to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout this section and section 101 of this act.

(1) "Base flood" or "one hundred year flood" means a flood having a one percent chance of being equaled or exceeded in any given year.

(2) "Department" means the department of ecology.

(3) "Federal emergency management agency floodway" means the channel of the stream and that portion of the adjoining flood plain that is necessary to contain and discharge the base flood flow without increasing the base flood elevation more than one foot.

(4) "Flood insurance study" means the official report provided by the federal insurance administration that includes flood profiles and the flood insurance rate map.

(5) "Flood insurance rate map" means the official map on which the federal insurance administration has delineated areas of flood hazard.

(6) "Flood plain" means any land area susceptible to being inundated by water from any inland or tidal waters creating a general and temporary condition of partial or complete inundation of normally dry land areas.

(7) "Substantial improvement" means any maintenance, repair, structural modification, addition, or other improvement of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure either before the maintenance, repair, modification, or addition is started or before the damage occurred, if the structure has been damaged and is being restored.

(8) "Zero-rise floodway" means the channel of the stream and that portion of the adjoining flood plain that is necessary to contain and discharge the base flood flow without any measurable increase in flood heights. A measurable increase in base flood height means a calculated upward rise in the base flood elevation, equal to or greater than 0.01 foot, resulting from a comparison of existing conditions and changed conditions directly attributable to development in the flood plain. This definition is broader than that of the federal emergency management agency floodway but always includes the federal emergency management agency floodway. The boundaries of the one hundred year flood plain as shown on the flood insurance study shall be considered the boundaries of the zero-rise floodway unless a special study has been conducted, that study has determined a different boundary, and the county in which the study was conducted has adopted the results of the study.

Sec. 103. RCW 86.12.200 and 1991 c 322 s 3 are each amended to read as follows:

The county legislative authority of any county may adopt a comprehensive flood ((~~control~~)) hazard management plan for any drainage basin that is located wholly or partially within the county.

A comprehensive flood ((~~control~~)) hazard management plan shall include the following elements:

(1) Designation of areas that are susceptible to periodic flooding, from inundation by bodies of water or surface water runoff, or both, including the river's meander belt or floodway;

(2) Establishment of a comprehensive scheme of flood ((~~control~~)) hazard protection and improvements for the areas that are subject to such periodic flooding, that includes: (a) Determining the need for, and desirable location of, flood ((~~control~~)) hazard reduction improvements to protect or preclude flood damage to structures, works, and improvements, based upon a ((~~cost/benefit~~)) cost-benefit ratio between the expense of providing and maintaining these improvements and the benefits arising from these improvements; (b) establishing the level of flood protection that each portion of the system of flood ((~~control~~)) hazard reduction improvements will be permitted; (c) identifying potential impacts of in-stream flood hazard work on the state's in-stream resources, meander belt, or floodway and considering alternatives to in-stream flood ((~~control~~)) hazard reduction work; (d) identifying areas where flood waters could be directed during a flood to avoid damage to buildings and other structures; ((~~and~~)) (e) identifying areas where a river may migrate into a new channel and considering alternatives to protect the new channel, and identifying practices that will avoid long-term accretion of sediments; and (f) identifying sources of revenue that will be sufficient to finance the comprehensive scheme of flood ((~~control~~)) hazard protection and improvements;

(3) Establishing land use regulations that preclude the location of structures, works, or improvements in critical portions of such areas subject to periodic flooding, including a river's meander belt or floodway, and permitting only flood-compatible land uses in such areas;

(4) Establishing restrictions on construction activities in areas subject to periodic floods that require the flood proofing of those structures that are permitted to be constructed or remodeled; and

(5) Establishing restrictions on land clearing activities and development practices that exacerbate flood problems by increasing the flow or accumulation of flood waters, or the intensity of drainage, on low-lying areas. Land clearing activities do not include forest practices as defined in chapter 76.09 RCW.

A comprehensive flood ((~~control~~)) hazard management plan shall be subject to the minimum requirements for participation in the national flood insurance program, requirements exceeding the minimum national flood insurance program that have been adopted by the department of ecology for a specific flood plain pursuant to RCW 86.16.031, and rules adopted by the department of ecology pursuant to chapter 86.16 RCW and RCW 86.26.050 relating to flood plain management activities. When a county plans under chapter 36.70A RCW, it ((~~may~~)) shall incorporate the portion of its comprehensive flood ((~~control~~)) hazard management plan relating to land use restrictions in its comprehensive plan and development regulations adopted pursuant to chapter 36.70A RCW.

Sec. 104. RCW 86.16.025 and 1989 c 64 s 2 are each amended to read as follows:

With respect to such features as may affect flood conditions, the department shall have authority to examine, approve or reject designs and plans for any structure or works, public or private, to be erected or built or to be reconstructed or modified upon the banks or in or over the channel or over and across the federal emergency management agency floodway of any stream or body of water in this state.

Sec. 105. RCW 86.16.041 and 1989 c 64 s 4 are each amended to read as follows:

(1) Beginning July 26, 1987, every county and incorporated city and town shall submit to the department of ecology any new flood plain management ordinance or amendment to any existing flood plain management ordinance. Such ordinance or amendment shall take effect thirty days from filing with the department unless the department disapproves such ordinance or amendment within that time period.

(2) The department may disapprove any ordinance or amendment submitted to it under subsection (1) of this section if it finds that an ordinance or amendment does not comply with any of the following:

(a) Restriction of land uses within designated floodways including the prohibition of construction or reconstruction of residential structures except for: (i) Repairs, reconstruction, or improvements to a structure which do not increase the ground floor area; and (ii) repairs, reconstruction, or improvements to a structure the cost of which does not exceed fifty percent of the market value of the structure either, (A) before the repair, reconstruction, or repair is started, or (B) if the structure has been damaged, and is being restored, before the damage occurred. Work done on structures to comply with existing health, sanitary, or safety codes or to structures identified as historic places shall not be included in the fifty percent determination;

(b) The minimum requirements of the national flood insurance program; and

(c) The minimum state requirements adopted pursuant to ((~~RCW 86.16.031(8)~~)) this chapter that are applicable to the particular county, city, or town.

Sec. 106. RCW 86.16.045 and 1989 c 64 s 6 are each amended to read as follows:

A county, city, or town may adopt flood plain management ordinances or requirements that exceed state requirements or the minimum federal requirements of the national flood insurance program without following the procedures provided in RCW 86.16.031(8).

Sec. 107. RCW 86.26.105 and 1986 c 46 s 5 are each amended to read as follows:

((A comprehensive flood control management plan shall determine the need for flood control work, consider alternatives to in-stream flood control work, identify and consider potential impacts of in-stream flood control work on the state's in-stream resources, and identify the river's meander belt or floodway.)) A comprehensive flood ((~~control~~)) hazard management plan shall be completed and adopted ((~~within at least three years of the certification that it is being prepared, as provided in RCW 86.26.050~~)) by December 31, 1997.

If after this ((~~three-year period~~)) date has elapsed such a comprehensive flood ((~~control~~)) hazard management plan has not been completed and adopted, grants for flood ((~~control maintenance~~)) hazard projects shall not be made to the county or municipal corporations in the county until a comprehensive flood ((~~control~~)) hazard management plan is completed and adopted by the appropriate local authority. These limitations on grants shall not preclude allocations for emergency purposes made pursuant to RCW 86.26.060.

NEW SECTION. Sec. 108. A new section is added to chapter 35.13 RCW to read as follows:

(1) No city or town may annex territory located within the designated flood plain unless the city or town establishes zoning and use requirements for the territory to be annexed that are consistent with the comprehensive flood hazard management plan of the county of jurisdiction.

(2) As used in this section, "flood plain" means any land area susceptible to being inundated by water from any inland or tidal waters creating a general and temporary condition of partial or complete inundation of normally dry land areas.

NEW SECTION. Sec. 109. A new section is added to chapter 35A.14 RCW to read as follows:

(1) No code city may annex territory located within the designated flood plain unless the city establishes zoning and use requirements for the territory to be annexed that are consistent with the comprehensive flood hazard management plan of the county of jurisdiction.

NEW SECTION. Sec. 110. A new section is added to chapter 43.17 RCW to read as follows:

The heads of state agencies shall provide leadership in encouraging a broad and unified effort to prevent uneconomic uses and development of Washington flood plains and in particular, to promote the public health, safety, and welfare and to reduce the risk of flood losses in connection with Washington lands and installations and state‑financed or state‑supported improvements.

When planning the location for new facilities, state agencies directly responsible for the construction of state buildings, structures, highways, roads, recreational facilities, or other facilities shall evaluate flood hazards and as far as practicable shall preclude the uneconomic, hazardous, or unnecessary use of flood plains in connection with such facilities.

Whenever practical and economically feasible, floodproofing measures shall be applied to existing facilities to reduce flood damage potential.

State agencies responsible for the review or approval of sewage treatment plants, water treatment plants, interceptor sewers, subdivisions, trailer parks, and other facilities within the state shall evaluate flood hazards in writing in connection with such review and approval of facilities. These state agencies shall take measures to minimize the exposure to potential flood damage to facilities and development that the facilities may induce, and the need for future state expenditures for flood protection and flood disaster relief.

State agencies responsible for programs that entail land use planning shall take flood hazards into account when evaluating applications for planning grants and when reviewing water and wastewater facility plans, area‑wide wastewater management plans, and comprehensive land‑use plans.

Requests for appropriations for state construction of new buildings, structures, roads, or other facilities by state agencies shall be accompanied by a statement on the findings of the agency's evaluation and consideration of flood hazards in development of such requests.

PART II

PERMITTING

NEW SECTION. Sec. 201. A new section is added to chapter 75.20 RCW to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply to RCW 75.20.100, 75.20.103, and 75.20.130.

(1) "Bed" means the land below the ordinary high water lines of state waters. This definition does not include irrigation ditches, canals, storm water run‑off devices, or other artificial watercourses except where they exist in a natural watercourse that has been altered by humans.

(2) "Commercial" means any facility or building used for commerce, including those used for agricultural or industrial purposes.

(3) "Emergency" means an immediate threat to life, public land, or private property, or an immediate threat of serious environmental degradation.

(4) "Streambank stabilization" includes but is not limited to log and debris removal; bank protection including riprap, jetties, and groins; gravel removal; and erosion control.

(5) "To construct any form of hydraulic project or perform other work" does not include the act of driving across an established ford. Driving across streams or on wetted stream beds at areas other than established fords requires approval. Work within the ordinary high water line of state waters to construct or repair a ford or crossing requires approval.

Sec. 202. RCW 75.20.100 and 1991 c 322 s 30 are each amended to read as follows:

(1) In the event that any person or government agency desires to construct any form of hydraulic project or perform other work that will use, divert, obstruct, or change the natural flow or bed of any of the salt or fresh waters of the state, such person or government agency shall, before commencing construction or work thereon and to ensure the proper protection of fish life, secure the written approval of the department of fisheries or the department of wildlife as to the adequacy of the means proposed for the protection of fish life. This approval shall not be unreasonably withheld. Except as provided in RCW 75.20.1001 and 75.20.1002, the department of fisheries or the department of wildlife shall grant or deny approval within forty-five calendar days of the receipt of a complete application and notice of compliance with any applicable requirements of the state environmental policy act, made in the manner prescribed in this section. The applicant may document receipt of application by filing in person or by registered mail. A complete application for approval shall contain general plans for the overall project, complete plans and specifications of the proposed construction or work within the mean higher high water line in salt water or within the ordinary high water line in fresh water, and complete plans and specifications for the proper protection of fish life. The forty-five day requirement shall be suspended if ((~~(1)~~)) (a) after ten working days of receipt of the application, the applicant remains unavailable or unable to arrange for a timely field evaluation of the proposed project; ((~~(2)~~)) (b) the site is physically inaccessible for inspection; or ((~~(3)~~)) (c) the applicant requests delay. Immediately upon determination that the forty-five day period is suspended, the department of fisheries or the department of wildlife shall notify the applicant in writing of the reasons for the delay. Approval is valid for a period of up to five years from date of issuance. The permittee must demonstrate substantial progress on construction of that portion of the project relating to the approval within two years of the date of issuance. If either the department of fisheries or the department of wildlife denies approval, that department shall provide the applicant, in writing, a statement of the specific reasons why and how the proposed project would adversely affect fish life. Protection of fish life shall be the only ground upon which approval may be denied or conditioned.

(2) In making a decision as to whether fish life is protected, the department of fisheries or the department of wildlife shall determine if a project as proposed or modified improves fish life or habitat over the long term to compensate for any potential short-term losses.

(3) Chapter 34.05 RCW applies to any denial of project approval, conditional approval, or requirements for project modification upon which approval may be contingent. If any person or government agency commences construction on any hydraulic works or projects subject to this section without first having obtained written approval of the department of fisheries or the department of wildlife as to the adequacy of the means proposed for the protection of fish life, or if any person or government agency fails to follow or carry out any of the requirements or conditions as are made a part of such approval, the person or director of the agency is guilty of a gross misdemeanor. If any such person or government agency is convicted of violating any of the provisions of this section and continues construction on any such works or projects without fully complying with the provisions hereof, such works or projects are hereby declared a public nuisance and shall be subject to abatement as such.

((For the purposes of this section and RCW 75.20.103, "bed" shall mean the land below the ordinary high water lines of state waters. This definition shall not include irrigation ditches, canals, storm water run-off devices, or other artificial watercourses except where they exist in a natural watercourse that has been altered by man.

The phrase "to construct any form of hydraulic project or perform other work" shall not include the act of driving across an established ford. Driving across streams or on wetted stream beds at areas other than established fords requires approval. Work within the ordinary high water line of state waters to construct or repair a ford or crossing requires approval.))

(4) For each application, the department of fisheries and the department of wildlife shall mutually agree on whether the department of fisheries or the department of wildlife shall administer the provisions of this section, in order to avoid duplication of effort. The department designated to act shall cooperate with the other department in order to protect all species of fish life found at the project site. If the department of fisheries or the department of wildlife receives an application concerning a site not in its jurisdiction, it shall transmit the application to the other department within three days and notify the applicant.

(5) In case of an emergency arising from weather or stream flow conditions or other natural conditions, upon request the department of fisheries or department of wildlife, through their authorized representatives, shall ((~~issue~~)) grant immediately ((~~upon request~~)), oral approval for removing any obstructions, repairing existing structures, restoring stream banks, or ((~~to protect~~)) protecting property threatened by the stream or a change in the stream flow without ((~~the necessity of obtaining~~)) requiring a written approval prior to commencing work. Conditions of an oral approval shall be reduced to writing within thirty days and complied with as provided for in this section. ((~~Oral approval shall be granted immediately upon request, for a stream crossing during an emergency situation.~~))

(6) This section shall not apply to a project involving the repair of an existing flood hazard reduction facility if the project is determined by the county to be:

(a) Consistent with a currently approved comprehensive flood hazard management plan; and

(b) Necessary to avoid flood damage during the next flood season.

(7) This section shall not apply to the construction of any form of hydraulic project or other work which diverts water for agricultural irrigation or stock watering purposes authorized under or recognized as being valid by the state's water codes, or when such hydraulic project or other work is associated with streambank stabilization to protect farm and agricultural land as defined in RCW 84.34.020. These irrigation or stock watering diversion and streambank stabilization projects shall be governed by RCW 75.20.103.

Sec. 203. RCW 75.20.103 and 1991 c 322 s 31 are each amended to read as follows:

(1) In the event that any person or government agency desires to construct any form of hydraulic project or other work that diverts water for agricultural irrigation or stock watering purposes, or when such hydraulic project or other work is associated with streambank stabilization or flood damage reduction to protect farm and agricultural land as defined in RCW 84.34.020, and when such ((~~diversion or streambank stabilization~~)) hydraulic project will use, divert, obstruct, or change the natural flow or bed of any river or stream or will utilize any waters of the state or materials from the stream beds, the person or government agency shall, before commencing construction or work thereon and to ensure the proper protection of fish life, secure a written approval from the department of fisheries or the department of wildlife as to the adequacy of the means proposed for the protection of fish life. This approval shall not be unreasonably withheld. Except as provided in RCW 75.20.1001 and 75.20.1002, the department of fisheries or the department of wildlife shall grant or deny the approval within forty-five calendar days of the receipt of a complete application ((~~and notice of compliance with any applicable requirements of the state environmental policy act,~~)) made in the manner prescribed in this section. The applicant may document receipt of application by filing in person or by registered mail.

(2) A complete application for an approval shall:

(a) Contain general plans for the overall project, complete plans and specifications of the proposed construction or work within ordinary high water line, and complete plans and specifications for the proper protection of fish life; and

(b) Not be required to include notice of compliance with any applicable requirements of the state environmental policy act. Final approval of a project may not be granted until any applicable requirements of the state environmental policy act have been satisfied.

(3) The forty-five day requirement shall be suspended if ((~~(1)~~)):

(a) After ten working days of receipt of the application, the applicant remains unavailable or unable to arrange for a timely field evaluation of the proposed project;

((~~(2)~~)) (b) The site is physically inaccessible for inspection; ((~~or (3)~~))

(c) After forty-four days of receipt of a complete application, a notice of compliance with the state environmental policy act has not been issued; or

(d) The applicant requests delay.

(4) Immediately upon determination that the forty-five day period is suspended, the department of fisheries or the department of wildlife shall notify the applicant in writing of the reasons for the delay.

(5) In making a decision as to whether fish life is protected, the department of fisheries or the department of wildlife shall determine if a project as proposed or modified improves fish life or habitat over the long term to compensate for any potential short-term losses.

(6) An approval shall remain in effect without need for periodic renewal for projects that divert water for agricultural irrigation or stock watering purposes and that involve seasonal construction or other work. Approval for streambank stabilization projects shall remain in effect without need for periodic renewal if the problem causing the need for the streambank stabilization occurs on an annual or more frequent basis. The permittee must notify the appropriate agency before commencing the construction or other work within the area covered by the approval.

(7) The permittee must demonstrate substantial progress on construction of that portion of the project relating to the approval within two years of the date of issuance. If either the department of fisheries or the department of wildlife denies approval, that department shall provide the applicant, in writing, a statement of the specific reasons why and how the proposed project would adversely affect fish life. Protection of fish life shall be the only ground upon which approval may be denied or conditioned. Issuance, denial, conditioning, or modification shall be appealable to the hydraulic appeals board established in RCW 43.21B.005 within thirty days of the notice of decision. The burden shall be upon the department of fisheries or the department of wildlife to show that the denial or conditioning of an approval is solely aimed at the protection of fish life.

(8) The department granting approval may, after consultation with the permittee, modify an approval due to changed conditions. The modifications shall become effective unless appealed to the hydraulic appeals board within thirty days from the notice of the proposed modification. The burden is on the department issuing the approval to show that changed conditions warrant the modification in order to protect fish life.

(9) A permittee may request modification of an approval due to changed conditions. The request shall be processed within forty-five calendar days of receipt of the written request. A decision by the department that issued the approval may be appealed to the hydraulic appeals board within thirty days of the notice of the decision. The burden is on the permittee to show that changed conditions warrant the requested modification and that such modification will not impair fish life.

(10) If any person or government agency commences construction on any hydraulic works or projects subject to this section without first having obtained written approval of the department of fisheries or the department of wildlife as to the adequacy of the means proposed for the protection of fish life, or if any person or government agency fails to follow or carry out any of the requirements or conditions as are made a part of such approval, the person or director of the agency is guilty of a gross misdemeanor. If any such person or government agency is convicted of violating any of the provisions of this section and continues construction on any such works or projects without fully complying with the provisions hereof, such works or projects are hereby declared a public nuisance and shall be subject to abatement as such.

(11) For each application, the department of fisheries and the department of wildlife shall mutually agree on whether the department of fisheries or the department of wildlife shall administer the provisions of this section, in order to avoid duplication of effort. The department designated to act shall cooperate with the other department in order to protect all species of fish life found at the project site. If the department of fisheries or the department of wildlife receives an application concerning a site not in its jurisdiction, it shall transmit the application to the other department within three days and notify the applicant.

(12) In case of an emergency arising from weather or stream flow conditions or other natural conditions, the department of fisheries or department of wildlife, through their authorized representatives, shall issue immediately upon request oral approval for removing any obstructions, repairing existing structures, restoring stream banks, or to protect property threatened by the stream or a change in the stream flow without the necessity of obtaining a written approval prior to commencing work. Conditions of an oral approval shall be reduced to writing within thirty days and complied with as provided for in this section. Oral approval shall be granted immediately upon request, for a stream crossing during an emergency.

((For purposes of this chapter, "streambank stabilization" shall include but not be limited to log and debris removal, bank protection (including riprap, jetties, and groins), gravel removal and erosion control.))

(13) This section shall not apply to a project involving the repair of an existing flood hazard facility if the project is determined by the county to be:

(a) Consistent with a previously approved comprehensive flood hazard management plan; and

(b) Necessary to avoid flood damage during the next flood season.

Sec. 204. RCW 90.58.030 and 1987 c 474 s 1 are each amended to read as follows:

As used in this chapter, unless the context otherwise requires, the following definitions and concepts apply:

(1) Administration:

(a) "Department" means the department of ecology;

(b) "Director" means the director of the department of ecology;

(c) "Local government" means any county, incorporated city, or town which contains within its boundaries any lands or waters subject to this chapter;

(d) "Person" means an individual, partnership, corporation, association, organization, cooperative, public or municipal corporation, or agency of the state or local governmental unit however designated;

(e) "Hearing board" means the shoreline hearings board established by this chapter.

(2) Geographical:

(a) "Extreme low tide" means the lowest line on the land reached by a receding tide;

(b) "Ordinary high water mark" on all lakes, streams, and tidal water is that mark that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation as that condition exists on June 1, 1971, as it may naturally change thereafter, or as it may change thereafter in accordance with permits issued by a local government or the department: PROVIDED, That in any area where the ordinary high water mark cannot be found, the ordinary high water mark adjoining salt water shall be the line of mean higher high tide and the ordinary high water mark adjoining fresh water shall be the line of mean high water;

(c) "Shorelines of the state" are the total of all "shorelines" and "shorelines of state-wide significance" within the state;

(d) "Shorelines" means all of the water areas of the state, including reservoirs, and their associated wetlands, together with the lands underlying them; except (i) shorelines of state-wide significance; (ii) shorelines on segments of streams upstream of a point where the mean annual flow is twenty cubic feet per second or less and the wetlands associated with such upstream segments; and (iii) shorelines on lakes less than twenty acres in size and wetlands associated with such small lakes;

(e) "Shorelines of state-wide significance" means the following shorelines of the state:

(i) The area between the ordinary high water mark and the western boundary of the state from Cape Disappointment on the south to Cape Flattery on the north, including harbors, bays, estuaries, and inlets;

(ii) Those areas of Puget Sound and adjacent salt waters and the Strait of Juan de Fuca between the ordinary high water mark and the line of extreme low tide as follows:

(A) Nisqually Delta‑-from DeWolf Bight to Tatsolo Point,

(B) Birch Bay‑-from Point Whitehorn to Birch Point,

(D) Skagit Bay and adjacent area‑-from Brown Point to Yokeko Point, and

(E) Padilla Bay‑-from March Point to William Point;

(iii) Those areas of Puget Sound and the Strait of Juan de Fuca and adjacent salt waters north to the Canadian line and lying seaward from the line of extreme low tide;

(iv) Those lakes, whether natural, artificial, or a combination thereof, with a surface acreage of one thousand acres or more measured at the ordinary high water mark;

(v) Those natural rivers or segments thereof as follows:

(A) Any west of the crest of the Cascade range downstream of a point where the mean annual flow is measured at one thousand cubic feet per second or more,

(B) Any east of the crest of the Cascade range downstream of a point where the annual flow is measured at two hundred cubic feet per second or more, or those portions of rivers east of the crest of the Cascade range downstream from the first three hundred square miles of drainage area, whichever is longer;

(vi) Those wetlands associated with (i), (ii), (iv), and (v) of this subsection (2)(e);

(f) "Wetlands" or "wetland areas" means those lands extending landward for two hundred feet in all directions as measured on a horizontal plane from the ordinary high water mark; floodways and contiguous floodplain areas landward two hundred feet from such floodways; and all marshes, bogs, swamps, and river deltas associated with the streams, lakes, and tidal waters which are subject to the provisions of this chapter; the same to be designated as to location by the department of ecology: PROVIDED, That any county or city may determine that portion of a one-hundred-year-flood plain to be included in its master program as long as such portion includes, as a minimum, the floodway and the adjacent land extending landward two hundred feet therefrom;

(g) "Floodway" means those portions of the area of a river valley lying streamward from the outer limits of a watercourse upon which flood waters are carried during periods of flooding that occur with reasonable regularity, although not necessarily annually, said floodway being identified, under normal condition, by changes in surface soil conditions or changes in types or quality of vegetative ground cover condition. The floodway shall not include those lands that can reasonably be expected to be protected from flood waters by flood control devices maintained by or maintained under license from the federal government, the state, or a political subdivision of the state.

(3) Procedural terms:

(a) "Guidelines" means those standards adopted to implement the policy of this chapter for regulation of use of the shorelines of the state prior to adoption of master programs. Such standards shall also provide criteria to local governments and the department in developing master programs;

(b) "Master program" shall mean the comprehensive use plan for a described area, and the use regulations together with maps, diagrams, charts, or other descriptive material and text, a statement of desired goals, and standards developed in accordance with the policies enunciated in RCW 90.58.020;

(c) "State master program" is the cumulative total of all master programs approved or adopted by the department of ecology;

(d) "Development" means a use consisting of the construction or exterior alteration of structures; dredging; drilling; dumping; filling; removal of any sand, gravel, or minerals; bulkheading; driving of piling; placing of obstructions; or any project of a permanent or temporary nature which interferes with the normal public use of the surface of the waters overlying lands subject to this chapter at any state of water level;

(e) "Substantial development" shall mean any development of which the total cost or fair market value exceeds two thousand five hundred dollars, or any development which materially interferes with the normal public use of the water or shorelines of the state; except that the following shall not be considered substantial developments for the purpose of this chapter:

(i) Normal maintenance or repair of existing structures or developments, including damage by accident, fire, or elements;

(ii) Reconstruction or improvements to dikes and levees if the reconstruction or improvement is determined by a county to be consistent with a flood hazard management plan developed under chapter 86.26 RCW;

(iii) Construction of the normal protective bulkhead common to single family residences;

((~~(iii)~~)) (iv) Emergency construction necessary to protect property from damage by the elements;

((~~(iv)~~)) (v) Construction and practices normal or necessary for farming, irrigation, and ranching activities, including agricultural service roads and utilities on wetlands, and the construction and maintenance of irrigation structures including but not limited to head gates, pumping facilities, and irrigation channels: PROVIDED, That a feedlot of any size, all processing plants, other activities of a commercial nature, alteration of the contour of the wetlands by leveling or filling other than that which results from normal cultivation, shall not be considered normal or necessary farming or ranching activities. A feedlot shall be an enclosure or facility used or capable of being used for feeding livestock hay, grain, silage, or other livestock feed, but shall not include land for growing crops or vegetation for livestock feeding and/or grazing, nor shall it include normal livestock wintering operations;

((~~(v)~~)) (vi) Construction or modification of navigational aids such as channel markers and anchor buoys;

((~~(vi)~~)) (vii) Construction on wetlands by an owner, lessee, or contract purchaser of a single family residence for his own use or for the use of his family, which residence does not exceed a height of thirty-five feet above average grade level and which meets all requirements of the state agency or local government having jurisdiction thereof, other than requirements imposed pursuant to this chapter;

((~~(vii)~~)) (viii) Construction of a dock, including a community dock, designed for pleasure craft only, for the private noncommercial use of the owner, lessee, or contract purchaser of single and multiple family residences, the cost of which does not exceed two thousand five hundred dollars;

((~~(viii)~~)) (ix) Operation, maintenance, or construction of canals, waterways, drains, reservoirs, or other facilities that now exist or are hereafter created or developed as a part of an irrigation system for the primary purpose of making use of system waters, including return flow and artificially stored ground water for the irrigation of lands;

((~~(ix)~~)) (x) The marking of property lines or corners on state owned lands, when such marking does not significantly interfere with normal public use of the surface of the water;

((~~(x)~~)) (xi) Operation and maintenance of any system of dikes, ditches, drains, or other facilities existing on September 8, 1975, which were created, developed, or utilized primarily as a part of an agricultural drainage or diking system;

((~~(xi)~~)) (xii) Any action commenced prior to December 31, 1982, pertaining to (A) the restoration of interim transportation services as may be necessary as a consequence of the destruction of the Hood Canal bridge, including, but not limited to, improvements to highways, development of park and ride facilities, and development of ferry terminal facilities until a new or reconstructed Hood Canal bridge is open to traffic; and (B) the reconstruction of a permanent bridge at the site of the original Hood Canal bridge.

PART III

FUNDING

Sec. 301. RCW 86.26.050 and 1991 c 322 s 6 are each amended to read as follows:

(1) State participation shall be in such preparation of comprehensive flood ((~~control~~)) hazard management plans under this chapter and chapter 86.12 RCW, cost sharing feasibility studies for new flood ((~~control~~)) hazard reduction projects, ((~~projects pursuant to section 33, chapter 322, Laws of 1991,~~)) and flood ((~~control maintenance~~)) hazard reduction projects as are affected with a general public and state interest, as differentiated from a private interest, and as are likely to bring about public benefits commensurate with the amount of state funds allocated thereto.

(2) No participation for flood ((~~control maintenance~~)) hazard reduction projects may occur with a county or other municipal corporation unless the director of ecology has approved the flood plain management activities of the county, city, or town having planning jurisdiction over the area where the flood ((~~control maintenance~~)) hazard reduction project will be, on the one hundred year flood plain surrounding such area.

The department of ecology shall adopt rules concerning the flood plain management activities of a county, city, or town that are adequate to protect or preclude flood damage to structures, works, and improvements, including the restriction of land uses within a river's meander belt or floodway to only flood-compatible uses. Whenever the department has approved county, city, and town flood plain management activities, as a condition of receiving an allocation of funds under this chapter, each revision to the flood plain management activities must be approved by the department of ecology, in consultation with the department of fisheries and the department of wildlife.

No participation with a county or other municipal corporation for flood ((~~control maintenance~~)) hazard reduction projects may occur unless the county engineer of the county within which the flood ((~~control maintenance~~)) hazard reduction project is located certifies that a comprehensive flood ((~~control~~)) hazard management plan has been completed and adopted by the appropriate local authority, or is being prepared for all portions of the river basin or other area, within which the project is located in that county, that are subject to flooding with a frequency of one hundred years or less.

(3) Participation for flood ((~~control maintenance~~)) hazard reduction projects and preparation of comprehensive flood ((~~control~~)) hazard management plans shall be made from grants made by the department of ecology from the flood ((~~control~~)) hazard reduction assistance account. Comprehensive flood ((~~control~~)) hazard management plans, and any revisions to the plans, must be approved by the department of ecology, in consultation with the department of fisheries and the department of wildlife. The department may only grant financial assistance to local governments that, in the opinion of the department, are making good faith efforts to take advantage of, or comply with, federal and state flood ((~~control~~)) hazard reduction programs.

No participation with a county or other municipal corporation may occur for the construction or reparation of a dike or levee unless the design of the dike or levee is approved by the department of ecology. In approving dike and levee designs, the department of ecology shall give strong preference to dikes and levees that allow flood waters to safely overtop the crown of the dike or levee.

No participation with a county or other municipal corporation may occur for dredging projects unless the county or municipal corporation agrees to monitor sediment accumulation for a period of not less than five years after completion of the dredging project.

(4) For purposes of this section, "dredging" means the removal of accumulated sediments from a river or stream channel from below the water surface.

(5) For purposes of this section, "flood hazard reduction project" means any structural or nonstructural project consistent with a county comprehensive flood hazard management plan.

Sec. 302. RCW 86.26.007 and 1991 sp.s. c 13 s 24 are each amended to read as follows:

The flood ((~~control~~)) hazard reduction assistance account is hereby established in the state treasury. At the beginning of each biennium the state treasurer shall transfer ten million dollars from the general fund to the flood ((~~control~~)) hazard reduction assistance account ((~~an amount of money which, when combined with money remaining in the account from the previous biennium, will equal four million dollars~~)). Moneys in the flood ((~~control~~)) hazard assistance account may be spent only after appropriation for purposes specified under this chapter.

Sec. 303. RCW 86.15.030 and 1969 ex.s. c 195 s 2 are each amended to read as follows:

Upon receipt of a petition asking that a zone be created, or upon motion of the board, the board shall adopt a resolution which shall describe the boundaries of such proposed zone; describe in general terms the flood control needs or requirements within the zone; set a date for public hearing upon the creation of such zone, which shall be not more than thirty days after the adoption of such resolution. Notice of such hearing and publication shall be had in the manner provided in RCW 36.32.120(7).

At the hearing scheduled upon the resolution, the board shall permit all interested parties to be heard. Thereafter, the board may reject the resolution or it may modify the boundaries of such zone and make such other corrections or additions to the resolutions as they deem necessary to the accomplishment of the purpose of this chapter: PROVIDED, That if the boundaries of such zone are enlarged, the board shall hold an additional hearing following publication and notice of such new boundaries: PROVIDED FURTHER, That the boundaries of any zone shall generally follow the boundaries of the watershed area affected: PROVIDED FURTHER, That the immediately preceding proviso shall in no way limit or be construed to prohibit the formation of a county-wide flood control zone district authorized to be created by RCW 86.15.025.

Within ((~~ten~~)) thirty days after final hearing on a resolution, the board shall issue its ((~~order~~)) ordinance creating the flood control zone district.

Sec. 304. RCW 86.15.050 and 1961 c 153 s 5 are each amended to read as follows:

The board ((~~of county commissioners of each county~~)) shall be ex officio, by virtue of their office, supervisors of the zones created in each county. The supervisors of the district shall conduct the business of the flood control zone district according to the regular rules and procedures that it adopts.

Sec. 305. RCW 86.15.160 and 1986 c 278 s 60 are each amended to read as follows:

For the purposes of this chapter the supervisors may authorize:

(1) An annual excess ad valorem tax levy within any zone or participating zones when authorized by the voters of the zone or participating zones under RCW 84.52.052 and 84.52.054;

(2) An assessment upon property, including state property, specially benefited by flood control improvements or storm water control improvements imposed under chapter 86.09 RCW;

(3) Within any zone or participating zones an annual ad valorem property tax levy of not to exceed fifty cents per thousand dollars of assessed value when the levy will not take dollar rates that other taxing districts may lawfully claim and that will not cause the combined levies to exceed the constitutional and/or statutory limitations, and the additional levy, or any portion thereof, may also be made when dollar rates of other taxing units is released therefor by agreement with the other taxing units from their authorized levies under chapter 39.67 RCW;

(4) A charge, under RCW 36.89.080 through 36.89.100, for the furnishing of service to those who are receiving or will receive benefits from storm water control facilities ((~~and~~)) or who are contributing to an increase in surface water runoff. Except as otherwise provided in RCW 90.03.525, any public entity and public property, including the state and state property, shall be liable for the charges to the same extent a private person and privately owned property is liable for the charges, and in setting these rates and charges, consideration may be made of in-kind services, such as stream improvements or donation of property;

(5) The creation of local improvement districts and utility local improvement districts, the issuance of improvement district bonds and warrants, and the imposition, collection, and enforcement of special assessments on all property, including any state-owned or other publicly-owned property, specially benefited from improvements in the same manner as provided for counties by chapter 36.94 RCW.

PART IV

FLOOD HAZARD INFORMATION

Sec. 401. RCW 58.19.055 and 1992 c 191 s 5 are each amended to read as follows:

(1) A public offering statement shall contain the following information:

(a) The name, and the address or approximate location, of the development;

(b) The name and address of the developer;

(d) The relationship of the management company to the developer, if any;

(e) The nature of the interest being offered for sale;

(f) A brief description of the permitted uses and use restrictions pertaining to the development and the purchaser's interest therein;

(g) The number of existing lots, parcels, units, or interests in the development and either the maximum number that may be added to the development or the fact that such maximum number has not yet been determined;

(h) A list of the principal common amenities in the development which materially affect the value of the development and those that will or may be added to the development;

(i) The identification of any real property not in the development, the owner of which has access to any of the development, and a description of the terms of such access;

(j) The identification of any real property not in the development to which owners in the development have access and a description of the terms of such access;

(k) The status of construction of improvements in the development, including either the estimated dates of completion if not completed or the fact that such estimated completion dates have not yet been determined; and the estimated costs, if any, to be paid by the purchaser;

(l) The estimated current owners' association expense, if any, for which a purchaser would be liable;

(m) An estimate of any payment with respect to any owners' association expense for which the purchaser would be liable at closing;

(n) The estimated current amount and purpose of any fees not included in any owners' association assessments and charged by the developer or any owners' association for the use of any of the development or improvements thereto;

(o) Any assessments which have been agreed to or are known to the developer and which, if not paid, may constitute a lien against any portion of the development in favor of any governmental agency;

(p) The identification of any parts of the development which any purchaser will have the responsibility for maintaining;

(q) A brief description of any blanket encumbrance which is subject to the provisions of RCW 58.19.180;

(r) A list of any physical hazards known to the developer which particularly affect the development or the immediate vicinity in which the development is located and which are not readily ascertainable by the purchaser;

(s) A brief description of any construction warranties to be provided to the purchaser;

(t) Any building code violation citations received by the developer in connection with the development which have not been corrected;

(u) A statement of any unsatisfied judgments or pending suits against any owners' association involved in the development and a statement of the status of any pending suits material to the development of which the developer has actual knowledge;

(v) A notice which describes a purchaser's right to cancel the purchase agreement or extend the closing under RCW 58.19.045(3), including applicable time frames and procedures;

(w) A list of the documents which the prospective purchaser is entitled to receive from the developer before the rescission period commences;

(x) A notice which states:

"A purchaser may not rely on any representation or express warranty unless it is contained in the public offering statement or made in writing signed by the developer or by any person identified in the public offering statement as the declarant's agent";

(y) A notice which states:

"This public offering statement is only a summary of some of the significant aspects of purchasing an interest in this development and any documents which may govern or affect the development may be complex, may contain other important information, and create binding legal obligations. You should consider seeking assistance of legal counsel"; and

(z) Any other information and cross-references which the developer believes will be helpful in describing the development to the recipients of the public offering statement, all of which may be included or not included at the option of the developer.

(2) The public offering statement shall include copies of each of the following documents: Any declaration of covenants, conditions, restrictions, and reservations affecting the development; any survey, plat, or subdivision map; the articles of incorporation of any owners' association; the bylaws of any owners' association; the rules and regulations, if any, of any owners' association; current or proposed budget for any owners' association; and the balance sheet of any owners' association current within ninety days if assessments have been collected for ninety days or more.

If any of the foregoing documents listed in this subsection are not available because they have not yet been executed, adopted, or recorded, drafts of such documents shall be provided with the public offering statement, and, before closing the sale of an interest in the development, the purchaser shall be given copies of any material changes between the draft of the proposed documents and the final documents.

(3) The disclosures required by subsection (1)(v), (x), and (y) of this section shall be located at the top of the first page of the public offering statement and be typed or printed in ten-point bold face type size.

(4) The disclosures required by subsection (1)(r) of this section shall be listed on a separate page from the other disclosures required by this section and shall be printed or typed in ten-point bold face type. If the development or any portion of the development described in the public offering statement is located within the area mapped as the one hundred year flood plain as shown on flood insurance rate maps provided by the federal emergency management agency for the national flood insurance program, this shall be listed as a physical hazard under subsection (1)(r) of this section.

NEW SECTION. Sec. 402. A new section is added to chapter 64.04 RCW to read as follows:

Each earnest money agreement offering real property for sale, and each document conveying real property or an ownership interest in real property, that is located in the area mapped as the one hundred year flood plain, as shown on flood insurance rate maps provided by the federal emergency management agency for the national flood insurance program, shall include in substance the following statement:

"WARNING: This real property is located in a one hundred year flood plain. Restrictions may exist as to the uses allowed on the real property and the standards of construction applicable to any construction that may be permitted on the real property."

This statement shall be printed, engraved, written, or otherwise reproduced in a legible manner on the earnest money agreement or document of conveyance.

NEW SECTION. Sec. 403. A new section is added to chapter 64.04 RCW to read as follows:

The location of real property within the area mapped as the one hundred year flood plain, as shown on flood insurance rate maps provided by the federal emergency management authority for the national flood insurance program, is declared to be a hidden defect in the real property that shall be disclosed by the seller of the real property or an ownership interest in the real property.

Sec. 404. RCW 86.16.031 and 1989 c 64 s 3 are each amended to read as follows:

The department of ecology shall:

(1) Review and approve county, city, or town flood plain management ordinances pursuant to RCW 86.16.041;

(2) When requested, provide guidance and assistance to local governments in development and amendment of their flood plain management ordinances;

(3) Provide technical assistance to local governments in the administration of their flood plain management ordinances;

(4) Provide local governments and the general public with information related to the national flood insurance program;

(5) When requested, provide assistance to local governments in enforcement actions against any individual or individuals performing activities within the flood plain that are not in compliance with local, state, or federal flood plain management requirements;

(6) Establish state ((~~minimum~~)) requirements that ((~~equal minimum~~)) include federal requirements for the national flood insurance program;

(7) Assist counties, cities, and towns in identifying the location of the one hundred year flood plain, and petitioning the federal government to alter its designations of where the one hundred year flood plain is located if the federally recognized location of the one hundred year flood plain is found to be inaccurate; and

(8) ((~~Establish minimum state requirements for specific flood plains that exceed the minimum federal requirements for the national flood insurance program, but only if:~~

~~(a) The location of the one hundred year flood plain has been reexamined and is certified by the department as being accurate;~~

~~(b) negotiations have been held with the affected county, city, or town over these regulations;~~

~~(c) public input from the affected community has been obtained; and~~

~~(d) the department makes a finding that these increased requirements are necessary due to local circumstances and general public safety~~)) File copies of the flood insurance rate maps, provided by the federal emergency management authority for the national flood insurance program, with the county auditor in each county in which property shown on the maps is located. The department shall, on an annual basis, file revised maps with each county auditor in counties for which the maps are revised.

PART V

MISCELLANEOUS

NEW SECTION. Sec. 501. Part headings as used in this act constitute no part of the law.