HOUSE BILL REPORT

HB 1209

BYRepresentatives S. Wilson, Haugen, Youngsman, Spanel, Zellinsky and Leonard

Authorizing counties to zone subtidal lands.

House Committe on Local Government

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

      Signed by Representatives Haugen, Chair; Cooper, Vice Chair; Ferguson, Ranking Republican Member; Horn, Nealey, Phillips, Raiter, Rayburn, Wolfe, Wood and Zellinsky.

House Staff:Steve Lundin (786-7127)

AS REPORTED BY COMMITTEE ON LOCAL GOVERNMENT FEBRUARY 15, 1989

BACKGROUND:

All portions of the state are included in a county, including water areas.

Counties are authorized to plan and zone land within the county. Generally, the term "land" includes any ground, soil, or earth whatsoever, including waters.

Counties are required to adopt shoreline master programs for shoreline areas in the county, including all water areas of the county that regulate the uses of shorelines.  Each shoreline master program is adopted locally, and forwarded to the Department of Ecology for review and potential approval.  The Department of Ecology must approve a master program if it is not inconsistent with the policies contained in the Shoreline Management Act, and the guidelines that are adopted by the Department.

SUMMARY:

SUBSTITUTE BILL:  A county that adopts a comprehensive plan or zoning under its regular planning and zoning authorities for a shoreline area providing more stringent standards than are contained in the county Shoreline Master Plan, must send a copy of the more stringent standards to the Department of Ecology.  The Department reviews these standards and may provide advisory comments to the county on how consistent these standards are with the policies of the Shoreline Management Act.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  A total change from the original bill that establishes an obligation for counties to zone tidal areas and permitted counties to levy property taxes on facilities located in such areas.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Representative "Sim" Wilson, Prime Sponsor.

House Committee - Testified Against:      Dan Swecker, Washington Fish Grower's Association; Stan Byles, Washington Department of Natural Resources; and Rod Mack, Department of Ecology.

House Committee - Testimony For:    This does not obligate the counties to act.  Counties already possess the authority to use regular zoning on all areas, including shoreline areas.  A local government should balance interests when it zones.

House Committee - Testimony Against:      This is confusing.  The Shoreline Management Act contains appropriate provisions.  Fish pens are taxable already. Leasehold fees already are paid to DNR.  Many jobs are created by fish pens.