HOUSE BILL REPORT

ESB 5556

As Amended by the House

BYSenators Kreidler, Zimmerman and Kiskaddon; by request of Department of Ecology

Changing provisions relating to floodplain management.

House Committe on Environmental Affairs

Majority Report:  Do pass with amendments.  (11)

      Signed by Representatives Rust, Chair; Allen, Brekke, Ferguson, Jesernig, Lux, Pruitt, D. Sommers, Sprenkle, Unsoeld and Walker.

Minority Report:  Do not pass.  (1)

      Signed by Representative Schoon.

House Staff:Bonnie Austin (786-7107)

AS PASSED HOUSE APRIL 16, 1987

BACKGROUND:

Chapter 86.16 RCW establishes a flood control management program for the state.  Under this 1935 legislation, some 18 zones (each covering a river system) have been established within the state.  Within these zones permits are required for constructing, reconstructing, or modifying any structures within the flood control zone.  The Department of Ecology administers the permanent program and delegations of the program may be made to the governing body of any county, city, or town, provided that the statutory minimal criteria for developments within the floodplain are satisfied.

A parallel program is administered by local governments under authority of the national flood insurance program.  In order to participate in the national program, local communities must adopt floodplain ordinances which meet the criteria established by the Federal Emergency Management Agency.  The state and federal programs are comparable in most respects, and local communities which administer a delegated state program, as well as administer a local program as a participant in the national flood insurance program, frequently issue duplicate permits for the same development.

SUMMARY:

The regulatory mechanism of the state flood control zone permit program is delegated by statute to local governments, provided that minimum state requirements for floodplain management are satisfied.  The Department of Ecology reviews and approves all local floodplain management ordinances, and has the authority to assume administration of the program within any local jurisdiction in which the requirements of this chapter are not satisfied.  The Department of Ecology provides:  technical assistance in the administration of local floodplain management ordinances; information regarding the national flood insurance program; and additional minimum state requirements.  A local ordinance may be disapproved by the Department if the ordinance fails to include:  a prohibition of construction or certain types of reconstruction of residential structures within a designated floodway, the elevation of lowest floor levels of residential structures,  or compliance with other state or federal floodplain requirements.  Civil penalties may be imposed for the violation of the statute, and review of any penalties imposed would be before the Pollution Control Hearings Board.

The program is applicable statewide, rather than within zones designated by the Department of Ecology, as provided in existing law.

The Department of Ecology may exempt construction activities 1) located in towns within the King County portion of the Snohomish River flood control zone, and 2) for structures constructed and land platted prior to August 15, 1966 from the state flood control zone permit requirements of Chapter 86.16 RCW.

Fiscal Note:      Attached.

House Committee ‑ Testified For:    Jim Pierce, Town of Hamilton; Jerry Louthain, Department of Ecology; and Jim Williams, Association of Counties.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    Currently, local governments must issue two permits for the same structure.  The consolidation of the federal and state permit process will eliminate duplication of effort and resources.  Additionally, this bill provides for a more rational means of determining flood control zone boundaries.

House Committee - Testimony Against:      None Presented.