FINAL BILL REPORT

                 SHB 1195

                         C 237 L 95

                     Synopsis as Enacted

Brief Description:  Excluding site exploration as a substantial shoreline development.

Sponsors: House Committee on Transportation (originally sponsored by Representatives Buck, R. Fisher, K. Schmidt, Benton, Mitchell, Elliot, Stevens, Mulliken and Hickel; by request of Department of Transportation).

House Committee on Transportation

Senate Committee on Ecology & Parks

Background:  The Shorelines Management Act (SMA) requires a permit from local government before any substantial development can be undertaken within the shorelines of the state.  The SMA defines "substantial development" as a project that interferes with the public's normal use of the water or a project with a total cost exceeding $2,500.

The Department of Transportation (DOT) typically conducts a number of site exploration and investigation activities prior to building a road or bridge.  Some local jurisdictions require the department to obtain a substantial development permit to perform these activities while others do not.

When permits are required, the DOT indicates it takes an average of nine months to obtain them.

The department indicates that approximately $1.7 million in costs could be avoided if the delays caused by obtaining shoreline permits for these investigative activities were eliminated.

Summary:  Site exploration and investigation activities are exempt from substantial development permits if the following conditions are met:

1.the activity does not interfere with the normal public use of the water;

2.the activity has no adverse environmental impacts;

3.the activity does not involve installation of a structure;

4.any disturbance to land or vegetation caused by the exploration or investigation is restored to pre-existing conditions;

5.the activity does not involve oil or natural gas exploration in marine waters of the state; and

  6.private developers post required performance bonds or other evidence of financial responsibility in lieu of a performance bond.

Votes on Final Passage:

House     96 0

Senate    48 0 (Senate amended)

House     97 0 (House concurred)

Effective:  July 23, 1995