Washington State
House of Representatives
Office of Program Research
BILL
ANALYSIS

Agriculture & Natural Resources Committee

HB 2628


This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Regarding model bank stabilization projects under chapter 77.55 RCW.

Sponsors: Representatives Orcutt, Pearson, Blake and Kristiansen.

Brief Summary of Bill
  • Requires the Department of Fish and Wildlife to identify at least three engineered model bank stabilization methods that would provide adequate protection for fish life while protecting riparian property from floods.

Hearing Date: 1/21/08

Staff: Jason Callahan (786-7117).

Background:

Before beginning a construction project, a person must obtain a hydraulic project approval (HPA) for any project that will use, divert, obstruct, or change the natural flow or bed of any of the salt or fresh waters of the state. HPAs are issued by the Department of Fish and Wildlife (WDFW) to ensure the proper protection of fish life [RCW 77.55.021].

Included in the scope of the HPA permitting program are streambank stabilization projects. Most HPAs can be modified by the WDFW if conditions change after being issued. However, for streambank stabilization projects, the WDFW can only modify the approval if the WDFW can show that changing conditions warrant the modification in order to protect fish life [RCW 77.55.021(6)].

Summary of Bill:

The WDFW is required to identify at least three engineered model bank stabilization methods that would provide adequate protection for fish life while protecting riparian property from floods. The model methods are to be designed so that a riparian landowner can choose from among them when commencing a bank stabilization project to protect his or her property from flooding. The methods must also include general engineering and design criteria.

The WDFW must include in the model methods developed one that utilizes only rock products, one that utilizes only woody debris and other organic matter, and one that utilizes both rock and woody debris.

The information provided by the WDFW must include directions as to the appropriate project dimensions for the model in relation to the 100-year flood level, as well as suitable riparian location and proximity in relation to the stream bed. Additional details must be included that provide the landowner with comparative information relating to materials, as well as engineering costs.

A landowner utilizing one of the model projects is still required to obtain an HPA. Landowners not choosing to utilize a model project may still proceed with other methods.

Appropriation: None.

Fiscal Note: Available.

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