Brief Description: Concerning the construction of bridges and trestles over tidelands, shorelands, and harbor areas of the state.

Sponsors: Representatives Takko, Buck, B. Sullivan, Orcutt, Blake, Wallace, Sells and Chase.

Hearing Date: 3/1/05

Staff: Jason Callahan (786-7117).

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.

Currently, 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 a 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 of Bill:

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 or reimbursing the state for the damages done to the aquatic lands if the construction is done in good faith and for the purpose of being part of a highway's line.

Appropriation: None.

Fiscal Note: Not requested.

Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.