6147-S.E AMH RDAN H5195.1
ESSB 6147 - H COMM AMD
By Committee on Rural Development, Agriculture, & Natural Resources
Strike everything after the enacting clause and insert the following:
Sec. 1. "RCW 77.55.231 and 2012 1st sp.s. c 1 s 106 are each amended to read as follows:
(1)(a) Conditions imposed upon a permit must be reasonably related to the project. The permit conditions must ensure that the project provides proper protection for fish life, but the department may not impose conditions that attempt to optimize conditions for fish life that are out of proportion to the impact of the proposed project.
(b) Projects for the replacement of marine shoreline stabilization or armoring, bulkheads, or other measures to protect residential structures from marine shoreline erosion must consider the least impactful alternative for the protection of fish life in the following order of preference:
(i) Remove the structure and restore the beach;
(ii) Remove the structure and install native vegetation;
(iii) Remove the structure and control upland drainage;
(iv) Remove the structure and replace it with a soft structure constructed of natural materials, including bioengineering;
(v) Remove the hard structure and construct upland retaining walls;
(vi) Remove the hard structure and replace it with a hard structure located landward of the existing structure, preferably at or above the ordinary high water line; or
(vii) Remove the hard structure and replace it with hard shoreline structure in the same footprint as the existing structure.
(c) The department shall adjust the order of preference if the project proponent can demonstrate by clear and convincing evidence that the preferred alternative is cost prohibitive or practically infeasible.
(2) The permit must contain provisions allowing for minor modifications to the plans and specifications without requiring reissuance of the permit.
(3) The permit must contain provisions that allow for minor modifications to the required work timing without requiring the reissuance of the permit. "Minor modifications to the required work timing" means a minor deviation from the timing window set forth in the permit when there are no spawning or incubating fish present within the vicinity of the project."
Correct the title.
EFFECT: Requires the Department of Fish and Wildlife to adjust the order of preference for residential marine shoreline replacement projects if the project proponent can demonstrate that the preferred alternative is cost prohibitive or practically infeasible.
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