S-3122.2 _______________________________________________
SENATE BILL 6254
_______________________________________________
State of Washington 52nd Legislature 1992 Regular Session
By Senators Snyder, Matson, Vognild, Amondson, Barr, Gaspard, Owen, Conner, Oke, Bailey, Bauer, Newhouse, Rasmussen, Sellar, McCaslin, West, Jesernig and Erwin
Read first time 01/22/92. Referred to Committee on Agriculture & Water Resources.
AN ACT Relating to consistency with the federal wetland regulatory program; adding a new section to chapter 36.70A RCW; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A new section is added to chapter 36.70A RCW to read as follows:
(1) The legislature finds that the Congress of the United States has enacted, and the president of the United States has approved, a policy directive to the United States army corps of engineers that requires the use of the 1987 federal manual for identifying and delineating jurisdictional wetlands for use in the administration of the federal wetland regulatory program. Further, the legislature finds that the policy directive to the corps of engineers requires this manual to be used until a subsequent manual is adopted in accordance with the requirements for notice and public comment of the rule-making process of the federal administrative procedures act.
(2) The purpose of this section is to promote consistency between wetlands delineated under this chapter and the federal wetland regulatory program administered by the United States army corps of engineers, to avoid unnecessary delays and paperwork, to provide clear and consistent guidance to the regulated community, local governments, and the public of the responsibilities under the state growth management act, and to minimize the cost to the public of implementation of the growth management act.
(3) Local governments shall delineate, designate, identify, and regulate by ordinance, wetlands within their jurisdiction using the criteria contained in the wetland delineation manual used by the United States army corps of engineers on the effective date of this act.
(4) If a subsequent version of the delineation manual is adopted by the United States army corps of engineers in accordance with the requirements for notice and public comment of the rule-making process of the federal administrative procedures, the department of community development shall notify the appropriate standing committees of the house of representatives and the senate prior to the next regular session of the legislature.
NEW SECTION. Sec. 2. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.