FINAL BILL REPORT

                 SHB 2772

                         C 265 L 96

                     Synopsis as Enacted

Brief Description:  Raising the amount that must be exceeded by the cost of dock construction for the construction to be considered substantial development under the Shoreline Management Act of 1971.

Sponsors:  By House Committee on Agriculture & Ecology (originally sponsored by Representatives Kessler and Buck).

House Committee on Agriculture & Ecology

Senate Committee on Ecology & Parks

Background:  The Shoreline Management Act requires that a development conducted on the shorelines of the state be consistent with its policies and with the applicable guidelines, rules, or master program created under it.  

In general, a development for which the cost or market value is greater than $2,500, or which materially interferes with the normal public use of the water or shorelines of the state, is considered to be a "substantial development."  Several exceptions and clarifications to the definition of a substantial development are provided, including one for recreational docks.  The construction of such a dock, including a community dock, is not considered to be a substantial development if it is designed for pleasure craft, non-commercial use for single or multi-family residences, and costs not more than $2,500.  This exemption was, in the main, established in 1973. 

A substantial development may not be undertaken on the shorelines of the state without a substantial development permit.  Thus, an exemption from the definition of "substantial development" affords an exemption from the substantial development permit requirement.

Summary:  The Shoreline Management Act exemption from the definition of a substantial development for a recreational dock is amended to distinguish between salt waters and fresh waters.  If the dock is in salt waters, the exemption applies if the fair market value of the dock does not exceed $2,500.  If it is in fresh waters, the exemption applies if the fair market value of the dock does not exceed $10,000.  The exemption does not apply, however, to a subsequent construction occurring within five years that has a fair market value exceeding $2,500.

Votes on Final Passage:

House     92 4

Senate    49 0 (Senate amended)

House     94 0 (House concurred)

Effective:  June 6, 1996