Brief Description: Concerning the construction of bridges and trestles.

Sponsors: By House Committee on Natural Resources, Ecology & Parks (originally sponsored by Representatives Takko, Buck, B. Sullivan, Orcutt, Blake, Wallace, Sells and Chase).

House Committee on Natural Resources, Ecology & Parks
Senate Committee on Natural Resources, Ocean & Recreation

Background:

The Washington State Constitution declares that the beds and shores of all navigable waters in Washington are owned by the state. The Legislature subsequently designated the Department of Natural Resources (DNR) as the steward of these lands. The DNR acts as a proprietor, subject to legislative direction, of all state-owned aquatic lands and holds these lands in trust for all current and future residents of the state. The DNR may charge for a lease for use of the state's aquatic lands.

The DNR is authorized by statute to grant right-of-ways over the aquatic lands of the state for limited purposes. These purposes include the construction of bridges and trestles by a municipality. Before the DNR may grant a right-of-way, it must first assure payment for the use of the aquatic land and for any damages caused by the right-of-way to the affected aquatic land.

Summary:

The DNR is instructed to allow cities, towns, and other municipalities to construct bridges and trestles across aquatic lands without paying for the right-of-way. Natural resource damages must be paid by the local government if the damages are not already covered by an approved mitigation plan. The DNR is allowed to recover reasonable direct administrative costs incurred in processing the applications for bridge or trestle construction, and must prepare a report to the Legislature regarding the collection of administrative fees.

Votes on Final Passage:

House   90   0
Senate   46   3

Effective: July 24, 2005