S-4156.1 _______________________________________________
SENATE BILL 6148
_______________________________________________
State of Washington 53rd Legislature 1994 Regular Session
By Senators Haugen, Winsley and Drew
Read first time 01/14/94. Referred to Committee on Ecology & Parks.
AN ACT Relating to flood damage reduction; amending RCW 86.16.010, 86.16.041, 86.16.020, 86.16.045, 86.26.010, 86.26.105, 86.12.200, 86.26.050, 86.15.030, 86.15.050, 86.15.160, 58.19.055, and 86.16.031; adding new sections to chapter 86.16 RCW; adding a new section to chapter 38.52 RCW; adding new sections to chapter 86.12 RCW; adding new sections to chapter 64.04 RCW; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
PART I
FLOOD PLAIN MANAGEMENT
Sec. 101. RCW 86.16.010 and 1987 c 523 s 1 are each amended to read as follows:
The legislature finds that the ((alleviation
of recurring flood damages to public and private property and to the public
health and safety is a matter of public concern. As an aid in effecting such
alleviation the state of Washington, in the exercise of its sovereign and
police powers, hereby assumes full regulatory control over the navigable and
nonnavigable waters flowing or lying within the borders of the state subject
always to the federal control of navigation, to the extent necessary to
accomplish the objects of this chapter. In addition, in an effort to alleviate
flood damage and expenditures of government funds, the federal government
adopted the national flood insurance act of 1968 and subsequently the flood
disaster protection act of 1973. The department of ecology is the state agency
in Washington responsible for coordinating the flood plain management
regulation elements aspects of the national flood insurance program)) climate
and topography of the state create conditions that lead to frequent flood
events throughout the state, and that several counties in the state have
experienced great hardship and loss due to severe and repeated floods. The
legislature also finds that some structural solutions to control flooding can
disrupt the functions of a healthy river system resulting in significant damage
to our riparian resources. The legislature therefore declares that the state
flood policy is to reduce long-term flood damage in a manner that minimizes
adverse impacts on our river systems.
NEW SECTION. Sec. 102. A new section is added to chapter 86.16 RCW to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout sections 101 through 103 of this act.
(1) "Base flood" or "one hundred year flood" means a flood having a one percent chance of being equaled or exceeded in any given year.
(2) "Department" means the department of ecology.
(3) "Federal emergency management agency floodway" means the channel of the stream and that portion of the adjoining flood plain that is necessary to contain and discharge the base flood flow without increasing the base flood elevation more than one foot.
(4) "Flood insurance study" means the official report provided by the federal insurance administration that includes flood profiles and the flood insurance rate map.
(5) "Flood insurance rate map" means the official map on which the federal insurance administration has delineated areas of flood hazard.
(6) "Flood plain" means any land area susceptible to being inundated by water from any inland or tidal waters creating a general and temporary condition of partial or complete inundation of normally dry land areas.
(7) "Flood-prone county" means a county, and all cities and towns within the county, having three or more federally declared flood disasters within the previous fifteen years.
(8) "Meander belt" means the present river channel, the portion of the river valley lying within the outside curves of a river channel, and any portion of the river valley that can be identified by previous river channels.
(9) "Substantial improvement" means any maintenance, repair, structural modification, addition, or other improvement of a structure that increases the footprint of a structure by fifty percent or more.
Sec. 103. RCW 86.16.041 and 1989 c 64 s 4 are each amended to read as follows:
(1) Beginning July 26, 1987, every county and incorporated city and town shall submit to the department of ecology any new flood plain management ordinance or amendment to any existing flood plain management ordinance. Such ordinance or amendment shall take effect thirty days from filing with the department unless the department disapproves such ordinance or amendment within that time period.
(2) The department may disapprove any ordinance or amendment submitted to it under subsection (1) of this section if it finds that an ordinance or amendment does not comply with any of the following:
(a) Restriction of land uses within designated federal
emergency management agency floodways including the prohibition of
construction or reconstruction of residential structures except for: (i)
Repairs, reconstruction, or improvements to a structure which do not increase
the ground floor area; and (ii) repairs, reconstruction, or improvements to a
structure the cost of which does not exceed fifty percent of the market value
of the structure either, (A) before the repair, reconstruction, or repair is
started, or (B) if the structure has been damaged, and is being restored,
before the damage occurred. Work done ((on structures to comply with
existing health, sanitary, or safety codes or)) to structures identified as
historic places shall not be included in the fifty percent determination; and
(b) The minimum requirements of the national
flood insurance program((; and
(c) The minimum state requirements adopted
pursuant to RCW 86.16.031(8) that are applicable to the particular county,
city, or town)).
NEW SECTION. Sec. 104. A new section is added to chapter 86.16 RCW to read as follows:
(1) By May 1, 1994, the department shall establish and use state criteria to evaluate local flood plain management ordinances adopted pursuant to chapter 36.70A or 86.16 RCW solely for the purpose of making funding decisions. The criteria shall be consistent with the planning criteria identified in RCW 86.12.200 but shall recognize and accommodate the need for local flexibility in managing flood hazards. For cities and counties planning under chapter 36.70A RCW, the criteria shall require the local flood plain ordinance to be consistent with the local capital improvement plan. The department may establish more stringent criteria for counties or parts of counties that are flood prone.
(2) The department may not issue a grant or loan to fund a flood hazard reduction project under chapter 86.26 RCW to a city or county that has not adopted a flood plain ordinance that has been accepted by the department as meeting the criteria established pursuant to subsection (1) of this section.
(3) Within thirty days of receiving a local flood plain ordinance, the department shall make a decision as to whether or not the ordinance meets the criteria developed pursuant to subsection (1) of this section and transmit the decision to the applicable city or county and to the department of community, trade, and economic development. If the department finds that an ordinance does not meet the criteria, it shall provide a specific written statement explaining the deficiencies of the ordinance.
NEW SECTION. Sec. 105. A new section is added to chapter 38.52 RCW to read as follows:
(1) An applicant for state matching funds for the public assistance and mitigation programs under P.L. 93-288 Secs. 404, 406, and 407, is eligible only if the department of community, trade, and economic development has received a statement from the department of ecology verifying that the county, city, or town has adopted a flood plain ordinance that meets the criteria established pursuant to section 104(1) of this act.
(2) Within a flood-prone county, an applicant for state matching funds for the public assistance and mitigation programs under P.L. 93-288 Secs. 404, 406, and 407, is eligible only if the county has prepared a local comprehensive flood hazard management plan meeting the requirements of RCW 86.12.200. This requirement is in addition to the requirement under subsection (1) of this section.
(3) The department shall reference or incorporate in the state flood hazard mitigation plan each local ordinance that meets the criteria established pursuant to section 104(1) of this act.
(4) Nothing in subsection (2) of this section prohibits a state agency or tribal government from receiving state matching funds for the public assistance and mitigation programs under P.L. 93-288 Secs. 404, 406, and 407.
Sec. 106. RCW 86.16.020 and 1989 c 64 s 1 are each amended to read as follows:
State-wide flood plain management regulation
shall be exercised through: (1) Local governments' administration of the
national flood insurance program regulation requirements, (2) the establishment
of minimum state requirements for flood plain management that ((equal)) include
the minimum federal requirements for the national flood insurance program, and
(3) the issuance of regulatory orders. This regulation shall be exercised over
the planning, construction, operation and maintenance of any works, structures
and improvements, private or public, which might, if improperly planned,
constructed, operated and maintained, adversely influence the regimen of a
stream or body of water or might adversely affect the security of life, health
and property against damage by flood water.
Sec. 107. RCW 86.16.045 and 1989 c 64 s 6 are each amended to read as follows:
A county, city, or town may adopt flood plain
management ordinances or requirements that exceed state requirements or
the minimum federal requirements of the national flood insurance program ((without
following the procedures provided in RCW 86.16.031(8))).
Sec. 108. RCW 86.26.010 and 1984 c 212 s 2 are each amended to read as follows:
The department of ecology shall have charge for
the state of the administration and enforcement of all laws relating to flood
((control)) hazard management and shall adopt rules as necessary to
implement the provisions of this chapter.
Sec. 109. RCW 86.26.105 and 1986 c 46 s 5 are each amended to read as follows:
((A comprehensive flood control management
plan shall determine the need for flood control work, consider alternatives to
in-stream flood control work, identify and consider potential impacts of
in-stream flood control work on the state's in-stream resources, and identify
the river's meander belt or floodway.)) (1) A flood-prone county
shall complete and adopt a comprehensive flood ((control)) hazard
management plan ((shall be completed and adopted within at least three years
of the certification that it is being prepared, as provided in RCW 86.26.050))
by July 1, 1997, or within three years of being designated as a flood-prone
county.
((If after this three-year period has
elapsed such a comprehensive flood control plan has not been completed and
adopted, grants for flood control maintenance projects shall not be made to the
county or municipal corporations in the county until a comprehensive flood
control plan is completed and adopted by the appropriate local authority.
These limitations on grants shall not preclude allocations for emergency
purposes made pursuant to RCW 86.26.060.))
(2) The department may not issue a grant or loan to fund a flood hazard reduction project under chapter 86.26 RCW to a city or county that is in violation of subsection (1) of this section.
PART II
FUNDING
Sec. 201. RCW 86.12.200 and 1991 c 322 s 3 are each amended to read as follows:
(1) Except as provided in RCW 86.26.105, the
county legislative authority of any county may adopt a comprehensive flood ((control))
hazard management plan for any drainage basin that is located wholly or
partially within the county. The plan elements under subsection (2) of this
section shall, to the maximum extent possible, achieve the following goals:
(a) Reduce the risks that floods pose to human lives;
(b) Reduce flood damages to public and private property;
(c) Maintain a healthy river system that does not preclude periodic flooding; and
(d) Minimize long-term public costs.
(2) A comprehensive flood ((control))
hazard management plan shall include the following elements:
(((1))) (a) Designation of areas
that are susceptible to periodic flooding, from inundation by bodies of water
or surface water runoff, or both, including the river's meander belt or
floodway;
(((2))) (b) Establishment of a
comprehensive scheme of flood ((control)) hazard protection and
improvements for the areas that are subject to such periodic flooding, that
includes: (((a)))
(i) Determining the need for, and
desirable location of, flood ((control)) hazard reduction
improvements to protect or preclude flood damage to structures, works, and
improvements, based upon a ((cost/benefit)) cost-benefit ratio
between the expense of providing and maintaining these improvements and the
benefits arising from these improvements; (((b)))
(ii) Establishing the level of flood protection
that each portion of the system of flood ((control)) hazard reduction
improvements will be permitted; (((c)))
(iii) Identifying the positive and negative impacts of periodic flooding to riparian natural resources;
(iv) Identifying potential impacts of
in-stream flood hazard reduction work on the state's in-stream resources,
meander belt, or floodway and considering alternatives to in-stream flood
((control)) hazard reduction work; (((d)))
(v) Identifying flood storage
areas where flood waters could be directed during a flood to avoid damage to
buildings and other structures; ((and (e)))
(vi) Identifying areas where a river may migrate into a new channel and considering alternatives to protect the new channel;
(vii) Identifying practices that will avoid long-term accretion of sediments; and
(viii) Identifying sources of revenue
that will be sufficient to finance the comprehensive scheme of flood ((control))
hazard management protection and improvements, including but not
limited to compensating owners of land designated as a flood storage area;
(((3) Establishing)) (c)
Establishment of land use regulations, within a river's meander belt or
floodway that ((preclude the location of structures, works, or
improvements in critical portions of such areas subject to periodic flooding,
including a river's meander belt or floodway, and permitting only
flood-compatible land uses in such areas;
(4) Establishing restrictions on)): (i) Allow only flood-compatible land-uses. These
uses may include, but shall not be limited to agriculture, recreation, and
transportation; (ii) restrict construction activities ((in areas subject
to periodic floods that require the flood proofing of those structures that are
permitted to be constructed or remodeled; and
(5) Establishing)); and (iii) establish restrictions on land
clearing activities and development practices that exacerbate flood problems by
increasing the flow or accumulation of flood waters, or the intensity of
drainage, on low-lying areas. Land clearing activities do not include forest
practices as defined in chapter 76.09 RCW.
(3) Each comprehensive flood hazard management plan prepared by a city, town, or special district shall be consistent with the county flood hazard management plan. Each plan prepared by a county shall include criteria to judge consistency. At a minimum, the criteria shall be based on the ability of the plan to:
(a) Protect existing flood storage and conveyance;
(b) Control storm water runoff; and
(c) Meet the goals of subsection (1) of this section.
(4) Inconsistencies between a county flood hazard management plan and a city, town, or special district comprehensive flood hazard management plan shall be resolved by a growth management hearings board.
(5) A comprehensive flood ((control))
hazard management plan shall be subject to the minimum requirements for
participation in the national flood insurance program((,)) and any
flood plain requirements exceeding the minimum national flood insurance
program ((that have been adopted by the department of ecology for a specific
flood plain pursuant to RCW 86.16.031, and rules adopted by the department of
ecology pursuant to RCW 86.26.050 relating to flood plain management activities)).
(6) When a county plans under chapter
36.70A RCW, it ((may)) shall incorporate the portion of its
comprehensive flood control management plan relating to land use restrictions
in its comprehensive plan and development regulations adopted pursuant to
chapter 36.70A RCW.
NEW SECTION. Sec. 202. A new section is added to chapter 86.12 RCW to read as follows:
(1) Each county comprehensive flood hazard management plan shall be consistent with any other county flood hazard management plan prepared for the same watershed.
(2) Inconsistencies between a county comprehensive flood management plan and another county comprehensive flood management plan prepared for the same watershed shall be resolved by a growth management hearings board upon petition of the department of ecology, a local government within the watershed, or twenty-five or more citizens in the area of the watershed.
Sec. 203. RCW 86.26.050 and 1991 c 322 s 6 are each amended to read as follows:
(1) State participation shall be in such
preparation of comprehensive flood ((control)) hazard management
plans under this chapter and chapter 86.12 RCW, cost sharing feasibility
studies for new flood ((control)) hazard reduction projects, ((projects
pursuant to section 33, chapter 322, Laws of 1991,)) and flood ((control
maintenance)) hazard reduction projects as are affected with a
general public and state interest, as differentiated from a private interest,
and as are likely to bring about public benefits commensurate with the amount
of state funds allocated thereto.
(2) The department of ecology shall adopt rules concerning the flood plain management activities of a county, city, or town that are adequate to protect or preclude flood damage to structures, works, and improvements, including the restriction of land uses within a river's meander belt or floodway to only flood-compatible uses.
(3) No participation for flood ((control
maintenance)) hazard reduction projects may occur with a county or
other municipal corporation unless the director of ecology has approved the
flood plain management ((activities)) ordinances of the county,
city, or town having planning jurisdiction over the area where the flood ((control
maintenance)) hazard reduction project will be, on the one hundred
year flood plain surrounding such area.
((The department of ecology shall adopt
rules concerning the flood plain management activities of a county, city, or
town that are adequate to protect or preclude flood damage to structures,
works, and improvements, including the restriction of land uses within a
river's meander belt or floodway to only flood-compatible uses. Whenever the
department has approved county, city, and town flood plain management
activities, as a condition of receiving an allocation of funds under this
chapter, each revision to the flood plain management activities must be
approved by the department of ecology, in consultation with the department of
fisheries and the department of wildlife.))
(4) No participation with a county or
other municipal corporation for flood ((control maintenance)) hazard
reduction projects may occur unless the county engineer of the county
within which the flood ((control maintenance)) hazard reduction
project is located certifies that a comprehensive flood ((control)) hazard
management plan has been completed and adopted by the appropriate local
authority, or is being prepared for all portions of the river basin or other
area, within which the project is located in that county, that are subject to
flooding with a frequency of one hundred years or less.
(((3))) (5) Participation for
flood ((control maintenance)) hazard reduction projects and
preparation of comprehensive flood ((control)) hazard management
plans shall be made from grants made by the department of ecology from the
flood ((control)) hazard reduction assistance account. In
making allocation decisions on planning grants, the department shall give first
priority to counties that have been designated as flood prone. The comprehensive
flood ((control)) hazard management plans of flood-prone
counties, and any revisions to the plans, must be approved by the
department of ecology, in consultation with affected Indian tribes, the
department of transportation, and the department of ((fisheries and the
department of)) fish and wildlife as a condition of receiving
funds for hazard reduction projects under this chapter. ((The
department may only grant financial assistance to local governments that, in
the opinion of the department, are making good faith efforts to take advantage
of, or comply with, federal and state flood control programs.))
(6) For purposes of this section, "flood hazard reduction project" means any structural or nonstructural project.
NEW SECTION. Sec. 204. A new section is added to chapter 86.12 RCW to read as follows:
(1) A county legislative authority may impose a tax on each owner of a surface mining operation located within the county and in which gravel is mined. The tax shall be at a rate not exceeding one dollar on each cubic yard of gravel mined. At the option of the county legislative authority, the following may be exempt from the tax: Gravel taken from property owned by a governmental entity; and/or gravel removed from a river bed where the removal aids in flood control.
(2) The proceeds from the tax imposed under subsection (1) of this section may be used only for the following flood control purposes:
(a) To pay for or assist in paying for the costs of flood control measures on old logging roads where the measures are designed to limit or prevent the transfer of sediments to river systems;
(b) To pay for the costs of planning activities relating to the origin of sediments, the transfer of sediments, and the deposit of sediments;
(c) To pay for or assist in paying for the removal of sediments from river systems; and
(d) To pay for the costs of collecting the tax.
Sec. 205. RCW 86.15.030 and 1969 ex.s. c 195 s 2 are each amended to read as follows:
Upon receipt of a petition asking that a zone be created, or upon motion of the board, the board shall adopt a resolution which shall describe the boundaries of such proposed zone; describe in general terms the flood control needs or requirements within the zone; set a date for public hearing upon the creation of such zone, which shall be not more than thirty days after the adoption of such resolution. Notice of such hearing and publication shall be had in the manner provided in RCW 36.32.120(7).
At the hearing scheduled upon the resolution, the board shall permit all interested parties to be heard. Thereafter, the board may reject the resolution or it may modify the boundaries of such zone and make such other corrections or additions to the resolutions as they deem necessary to the accomplishment of the purpose of this chapter: PROVIDED, That if the boundaries of such zone are enlarged, the board shall hold an additional hearing following publication and notice of such new boundaries: PROVIDED FURTHER, That the boundaries of any zone shall generally follow the boundaries of the watershed area affected: PROVIDED FURTHER, That the immediately preceding proviso shall in no way limit or be construed to prohibit the formation of a county-wide flood control zone district authorized to be created by RCW 86.15.025.
Within ((ten)) thirty days after
final hearing on a resolution, the board shall issue its ((order)) ordinance
creating the flood control zone district.
Sec. 206. RCW 86.15.050 and 1961 c 153 s 5 are each amended to read as follows:
The board ((of county commissioners of each
county)) shall be ex officio, by virtue of their office, supervisors of the
zones created in each county. The supervisors of the district shall conduct
the business of the flood control zone district according to the regular rules
and procedures that it adopts.
Sec. 207. RCW 86.15.160 and 1986 c 278 s 60 are each amended to read as follows:
For the purposes of this chapter the supervisors may authorize:
(1) An annual excess ad valorem tax levy within any zone or participating zones when authorized by the voters of the zone or participating zones under RCW 84.52.052 and 84.52.054;
(2) An assessment upon property, including state property, specially benefited by flood control improvements or storm water control improvements imposed under chapter 86.09 RCW;
(3) Within any zone or participating zones an annual ad valorem property tax levy of not to exceed fifty cents per thousand dollars of assessed value when the levy will not take dollar rates that other taxing districts may lawfully claim and that will not cause the combined levies to exceed the constitutional and/or statutory limitations, and the additional levy, or any portion thereof, may also be made when dollar rates of other taxing units is released therefor by agreement with the other taxing units from their authorized levies under chapter 39.67 RCW;
(4) A charge, under RCW 36.89.080 through 36.89.100, for the furnishing of service to those who are receiving or will receive benefits from storm water control facilities and who are contributing to an increase in surface water runoff. Except as otherwise provided in RCW 90.03.525, any public entity and public property, including the state and state property, shall be liable for the charges to the same extent a private person and privately owned property is liable for the charges, and in setting these rates and charges, consideration may be made of in-kind services, such as stream improvements or donation of property;
(5) The creation of local improvement districts and utility local improvement districts, the issuance of improvement district bonds and warrants, and the imposition, collection, and enforcement of special assessments on all property, including any state-owned or other publicly-owned property, specially benefited from improvements in the same manner as provided for counties by chapter 36.94 RCW.
PART III
FLOOD HAZARD INFORMATION
Sec. 301. RCW 58.19.055 and 1992 c 191 s 5 are each amended to read as follows:
(1) A public offering statement shall contain the following information:
(a) The name, and the address or approximate location, of the development;
(b) The name and address of the developer;
(c) The name and address of the management company, if any, for the development;
(d) The relationship of the management company to the developer, if any;
(e) The nature of the interest being offered for sale;
(f) A brief description of the permitted uses and use restrictions pertaining to the development and the purchaser's interest therein;
(g) The number of existing lots, parcels, units, or interests in the development and either the maximum number that may be added to the development or the fact that such maximum number has not yet been determined;
(h) A list of the principal common amenities in the development which materially affect the value of the development and those that will or may be added to the development;
(i) The identification of any real property not in the development, the owner of which has access to any of the development, and a description of the terms of such access;
(j) The identification of any real property not in the development to which owners in the development have access and a description of the terms of such access;
(k) The status of construction of improvements in the development, including either the estimated dates of completion if not completed or the fact that such estimated completion dates have not yet been determined; and the estimated costs, if any, to be paid by the purchaser;
(l) The estimated current owners' association expense, if any, for which a purchaser would be liable;
(m) An estimate of any payment with respect to any owners' association expense for which the purchaser would be liable at closing;
(n) The estimated current amount and purpose of any fees not included in any owners' association assessments and charged by the developer or any owners' association for the use of any of the development or improvements thereto;
(o) Any assessments which have been agreed to or are known to the developer and which, if not paid, may constitute a lien against any portion of the development in favor of any governmental agency;
(p) The identification of any parts of the development which any purchaser will have the responsibility for maintaining;
(q) A brief description of any blanket encumbrance which is subject to the provisions of RCW 58.19.180;
(r) A list of any physical hazards known to the developer which particularly affect the development or the immediate vicinity in which the development is located and which are not readily ascertainable by the purchaser;
(s) A brief description of any construction warranties to be provided to the purchaser;
(t) Any building code violation citations received by the developer in connection with the development which have not been corrected;
(u) A statement of any unsatisfied judgments or pending suits against any owners' association involved in the development and a statement of the status of any pending suits material to the development of which the developer has actual knowledge;
(v) A notice which describes a purchaser's right to cancel the purchase agreement or extend the closing under RCW 58.19.045(3), including applicable time frames and procedures;
(w) A list of the documents which the prospective purchaser is entitled to receive from the developer before the rescission period commences;
(x) A notice which states:
"A purchaser may not rely on any representation or express warranty unless it is contained in the public offering statement or made in writing signed by the developer or by any person identified in the public offering statement as the declarant's agent";
(y) A notice which states:
"This public offering statement is only a summary of some of the significant aspects of purchasing an interest in this development and any documents which may govern or affect the development may be complex, may contain other important information, and create binding legal obligations. You should consider seeking assistance of legal counsel"; and
(z) Any other information and cross-references which the developer believes will be helpful in describing the development to the recipients of the public offering statement, all of which may be included or not included at the option of the developer.
(2) The public offering statement shall include copies of each of the following documents: Any declaration of covenants, conditions, restrictions, and reservations affecting the development; any survey, plat, or subdivision map; the articles of incorporation of any owners' association; the bylaws of any owners' association; the rules and regulations, if any, of any owners' association; current or proposed budget for any owners' association; and the balance sheet of any owners' association current within ninety days if assessments have been collected for ninety days or more.
If any of the foregoing documents listed in this subsection are not available because they have not yet been executed, adopted, or recorded, drafts of such documents shall be provided with the public offering statement, and, before closing the sale of an interest in the development, the purchaser shall be given copies of any material changes between the draft of the proposed documents and the final documents.
(3) The disclosures required by subsection (1)(v), (x), and (y) of this section shall be located at the top of the first page of the public offering statement and be typed or printed in ten-point bold face type size.
(4) The disclosures required by subsection (1)(r) of this section shall be listed on a separate page from the other disclosures required by this section and shall be printed or typed in ten-point type. If the development or any portion of the development described in the public offering statement is located within the area mapped as the one hundred year flood plain as shown on flood insurance rate maps provided by the federal emergency management agency for the national flood insurance program, this shall be listed as a physical hazard under subsection (1)(r) of this section.
NEW SECTION. Sec. 302. A new section is added to chapter 64.04 RCW to read as follows:
The seller of real property located in an area mapped in the one hundred year flood plain, as shown on the most recent flood insurance rate maps provided by the federal emergency management agency for the national flood insurance program, shall inform the buyer that the property is located in the one hundred year flood plain and may be subject to land use restrictions. The seller shall inform the buyer in the first written document constituting an agreement of sale. Proof of notification prior to closing is the responsibility of the seller.
NEW SECTION. Sec. 303. A new section is added to chapter 64.04 RCW to read as follows:
The location of real property within the area mapped as the one hundred year flood plain, as shown on flood insurance rate maps provided by the federal emergency management agency for the national flood insurance program, is declared to be a hidden defect in the real property that shall be disclosed by the seller of the real property or an ownership interest in the real property.
Sec. 304. RCW 86.16.031 and 1989 c 64 s 3 are each amended to read as follows:
The department of ecology shall:
(1) Review and approve county, city, or town flood plain management ordinances pursuant to RCW 86.16.041;
(2) When requested, provide guidance and assistance to local governments in development and amendment of their flood plain management ordinances;
(3) Provide technical assistance to local governments in the administration of their flood plain management ordinances;
(4) Provide local governments and the general public with information related to the national flood insurance program;
(5) When requested, provide assistance to local governments in enforcement actions against any individual or individuals performing activities within the flood plain that are not in compliance with local, state, or federal flood plain management requirements;
(6) Establish state minimum requirements that
((equal minimum)) include federal requirements for the national
flood insurance program;
(7) Assist counties, cities, and towns in identifying the location of the one hundred year flood plain, and petitioning the federal government to alter its designations of where the one hundred year flood plain is located if the federally recognized location of the one hundred year flood plain is found to be inaccurate; and
(8) ((Establish minimum state requirements
for specific flood plains that exceed the minimum federal requirements for the
national flood insurance program, but only if:
(a) The location of the one hundred year flood
plain has been reexamined and is certified by the department as being accurate;
(b) negotiations have been held with the
affected county, city, or town over these regulations;
(c) public input from the affected community
has been obtained; and
(d) the department makes a finding that these
increased requirements are necessary due to local circumstances and general
public safety)) File copies of
the flood insurance rate maps, provided by the federal emergency management
agency for the national flood insurance program, with the county auditor in
each county in which property shown on the maps is located. The department
shall, on an annual basis, file revised maps with each county auditor in
counties for which the maps are revised.
PART IV
MISCELLANEOUS
NEW SECTION. Sec. 401. Part headings as used in this act constitute no part of the law.
NEW SECTION. Sec. 402. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
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