WSR 03-13-108

PROPOSED RULES

DEPARTMENT OF ECOLOGY


[ Order 03-02 -- Filed June 17, 2003, 3:25 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 03-03-019.

Title of Rule: Chapter 173-26 WAC, State master program approval/amendment procedures and shoreline master program guidelines.

Purpose: New Shoreline Management Act (SMA) guidelines for development/amendment of master programs, to implement statutory requirements to update the guidelines consistent with SMA policy, replacing Parts 3 and 4 of chapter 173-26 WAC which were invalidated after administrative review. Among other things, these rules establish planning and regulatory definitions and standards for future shoreline development and uses, requirements for protection and restoration of shoreline ecological functions, guidance on the limitations of regulatory authority and guidance on shorelines and Growth Management Act integration. The following sections of chapter 173-26 WAC will be repealed and replaced with new rule language: WAC 173-26-170 through 173-26-350. Existing Part V Ocean Management is proposed to remain unchanged, but relabeled as Part IV of chapter 173-26 WAC.

Statutory Authority for Adoption: Chapter 90.58 RCW and specifically RCW 90.58.060.

Statute Being Implemented: Chapter 90.58 RCW and specifically RCW 90.58.020, [90.58].050, and [90.58].060.

Summary: The proposed rule provides updated guidance for local governments and the department in developing and amending local shoreline master program policies and regulations. The local government shoreline master programs, the SMA, and these guidelines identify requirements and strategies for regulation of development, uses and activities in shoreline areas throughout the state, implementing the policies and requirements of the SMA.

Reasons Supporting Proposal: The 1995 legislature directed ecology to periodically review and adopt new guidelines consistent with SMA policy and integrate shorelines and growth management plans and development regulations. Updated guidelines will provide direction to local governments, the state and its citizenry in implementing the SMA. The shoreline guidelines have not been comprehensively updated since original adoption over thirty years ago. New guidelines are needed to recognize: Advancements in science regarding how shorelines should be managed, changes in law, the character of shoreline development and innovations in shorelines and growth management practice.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Peter Skowlund, Ecology Headquarters, Lacey, (360) 407-6522.

Name of Proponent: Department of Ecology, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: Proposed new guidelines are being developed to recognize changes in shoreline management law, science and land use practice. The new guidelines will be implemented as local governments update their local shoreline master programs to comply with deadlines established in statute adopted by the 2003 legislature. Updated shoreline master programs will provide updated standards for public and private construction and location of structures, uses and activities in shoreline areas, including dredging, drilling, dumping, filling, removal of minerals, removal/restoration of vegetation, bulkheading and related shoreline stabilization devices, driving of pilings, placing of obstructions or any project which interferes with the normal public use of the surface waters of the state. The new guidelines will apply to water areas, associated wetlands and adjacent uplands that are subject to the Shoreline Management Act.

Proposal Changes the Following Existing Rules: Yes, the proposal will change existing rules. It is proposed to repeal the existing Parts III and IV of chapter 173-26 WAC (which were declared invalid in part by the Shorelines Hearings Board) and to replace them with new rule language proposed by the department. Existing Part V, Ocean Management, is also proposed to be relocated (to be labeled as Part IV), unchanged.

A small business economic impact statement has been prepared under chapter 19.85 RCW.

Small Business Economic Impact Statement

Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 03-14 issue of the Register.

A copy of the statement may be obtained by writing to Shorelines SBEIS Request, P.O. Box 47600, Olympia, WA 98504-7600, e-mail shorelineguidelines@ecy.wa.gov, fax (360) 407-6902.

RCW 34.05.328 applies to this rule adoption. A draft cost benefit analysis is available for review and comment. A copy of the draft document may be obtained by writing to Shorelines CBA Request, P.O. Box 47600, Olympia, WA 98504-7600, e-mail shorelineguidelines@ecy.wa.gov, fax (360) 407-6902.

Hearing Location: Seattle Center, Shaw Room, 305 Harrison Street, Seattle, WA 98109, on Tuesday, August 5; at the Public Utility District of Cowlitz County, Auditorium, 961 12th Avenue, Longview, WA 98632, on Wednesday, August 6; at the Washington State University, Phase I Classroom, 668 North River Point, Spokane, WA 99202, on Tuesday, August 12; and at the Chelan County Public Utility District No. 1, 327 North Wenatchee Avenue, Wenatchee, WA 98801, on Wednesday, August 13.

All locations: Open House at 5:30 p.m.; and public hearing at 7:00 p.m.

Assistance for Persons with Disabilities: Contact Debi Irwin by July 28, 2003, (360) 407-7291, 711 (TTY) or 1-800-833-8973 (TTY).

Submit Written Comments to: Shoreline Guidelines Comments, P.O. Box 47600, Olympia, WA 98504-7600, e-mail shorelineguidelines@ecy.wa.gov, fax (360) 407-6902, by 5:00 p.m., September 15, 2003.

Date of Intended Adoption: December 1, 2003.

June 16, 2003

Tom Fitzsimmons

Director

Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 03-14 issue of the Register.

Legislature Code Reviser 

Register

Washington State Code Reviser's Office