HOUSE BILL REPORT

SHB 1862

BYHouse Committee on Natural Resources (originally sponsored by Representatives Cole, Winsley, Sayan, Basich, Scott, Holland, Lux, Wineberry, Belcher, Nutley, Walker, Valle, Haugen, Dorn, Locke, Spanel, Anderson, K. Wilson, Jacobsen, Brekke, Nelson, Leonard and Fisher)

Providing for plans for the use of local beaches.

House Committe on Natural Resources

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass. (11)

      Signed by Representatives Sutherland, Chair; K. Wilson, Vice Chair; Basich, Beck, Belcher, Bumgarner, Cole, Dorn, Haugen, Sayan and Spanel.

Minority Report:  Do not pass.  (7)

      Signed by Representatives Amondson, Butterfield, Fuhrman, Meyers, Schmidt, C. Smith and S. Wilson.

House Staff:Robert Butts (786-7841)

AS PASSED HOUSE FEBRUARY 12, 1988

BACKGROUND:

Washington's ocean beaches have been used as highways for centuries.  In recognition of their importance, in the early 1900's the Washington Legislature declared ocean beaches to be public highways that shall remain forever open for public use.

In more recent times, the ocean beaches have grown in popularity as recreational areas.  In 1967, the recreational value of the beaches was recognized by the Legislature, and a Seashore Conservation Area was established consisting of all state-owned and controlled ocean beaches.  The Act mandated that the beaches be preserved in their present states, be maintained in the best possible condition for public use, and that all forms of outdoor recreation be permitted, unless specifically excluded or limited by the Parks and Recreation Commission.

The potential for conflict between motorized vehicles and other ocean resources and uses, such as clam beds and pedestrian use, was recognized in the Act, and the Parks and Recreation Commission was provided the authority to place restrictions on vehicle use.  In two recent court cases, judges have ruled that the Commission's authority is limited to temporary vehicle closures to protect specified resources.

As the number of pedestrians and vehicles using the beaches has increased, a growing number of individuals have argued that driving should be prohibited on the beaches.  As a result, a number of different legislative bills have been introduced to permanently close all, or specified stretches of the beaches to vehicle use.

Beach driving currently occurs, with several exceptions, from the southern boundary of the Quinault Indian Reservation to the Columbia River.  In a public hearing during the interim, several concerns arose:  (1) whether or not the beaches should be closed to vehicle use, and if so, how many miles of beach should be closed, (2) who will identify where the closures will be, (3) when will the closures occur, and (4) how will additional parking and beach access be provided.

SUMMARY:

The development of Recreational Management Plans is mandated.  The plans are to be written by coastal cities and counties, with the Parks and Recreation Commission having final approval authority.  If a local government does not submit a plan to the Commission by September 1, 1989, the Commission will develop a plan for the beach under the local government's jurisdiction.

The plans must reserve forty percent of the land area subject to the plan for pedestrian use from April 15 to the day after Labor Day.  If local governments desire, more than forty percent of the plan's land area may be reserved for pedestrian use.  Pedestrian use is defined as non-motorized use.

Exceptions may be made to:  (1) facilitate clam digging; (2) accommodate organized recreational events of not more than seven consecutive days; (3) provide for wood removal; and (4) accommodate the removal of sand in certain cases.

When developing and approving the plans, local governments and the Commission shall consider public safety, the state-wide interest in recreational use of the ocean beaches, the protection of vegetation and habitat, economic impacts, public access, and parking.

The Parks and Recreation Commission may require that plans allow only pedestrian use on lands adjoining national wildlife refuges and state parks.  These closures to motorized use can be included in a plan's forty percent pedestrian-use requirement.

The adoption of a single plan for each of the three ocean beaches (North Beach, South Beach, and Long Beach) is encouraged.  Local governments with jurisdiction on the same beach may cooperatively develop one plan for their respective beach.

Procedures are provided for amending a plan and for appealing the Commission's decision on a plan.

Fiscal Note:      Available.

Effective Date:The bill takes effect on January 1, 1989.

House Committee ‑ Testified For:    Virginia Leach, Long Beach Merchants; Nabiel Shawa, City of Long Beach; Jan Tveten, Washington State Parks; James Higgins, citizen; Chris Platt, Sierra Club; Thomas Juelson, Department of Wildlife; Jerry Benning, Sheriff of Pacific County; Michael Sullivan, Pacific County Prosecuting Attorney; Pam Crocker- Davis, Audubon; Lyle Tribwell, citizen.

House Committee - Testified Against:      The following had some concerns with the original bill:  Chuck Gittings, citizen; Bob Paylor, Grays Harbor County Commissioner; Craig Partridge, Department of Natural Resources; Tony Merrill, citizen; and Mike Pence, City Manager of Ocean Shores.

House Committee - Testimony For:    This issue has been unresolved for fifteen years.  While this bill does not satisfy everyone, it is a good compromise.  The plan approval process provides a balance between the interests of local and state governments.

House Committee - Testimony Against:      Several speakers, while generally in favor of the bill, were concerned about the costs of developing the plans and enforcing them, especially the added law enforcement costs that will have to be paid for by local governments.