SENATE BILL REPORT

                  EHB 1055

                     As of March 15, 1995

Title:  An act relating to exempting docks of less than seven hundred square feet from the definition of substantial development under the shorelines management act.

Brief Description:  Exempting docks of less than seven hundred square feet from the definition of substantial development under the Shorelines Management Act.

Sponsors:  Representatives Padden, Fuhrman and Sheldon.

Brief History:

Committee Activity:  Ecology & Parks:  3/16/95.

SENATE COMMITTEE ON ECOLOGY & PARKS

Staff:  Cathy Baker (786-7708)

Background:  The Shoreline Management Act of 1971, as amended, 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.  Each of the following is considered to be a development for this purpose:  constructing or  altering the exterior of structures; dredging; drilling; dumping; filling; removing of any sand, gravel, or minerals; bulkheading; driving of piling; placing of obstructions; or any project of a permanent or temporary nature which interferes with the normal public use of the surface of the waters overlying lands subject to the act. 

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 multifamily residences, and costs not more than $2,500.  This exemption was 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 of Bill:  The exemption from the definition of a substantial development provided by the Shoreline Management Act for a community or recreational dock is altered.  Rather than being restricted to the construction of such a dock with a value of not more than  $2,500, it is now restricted to the construction of such a dock that is, including the ramp, no more than 700 square feet in surface area and no wider than 10 feet.  However, San Juan County or a city or town located in San Juan County may reestablish the $2,500 version of the exemption by ordinance. 

Appropriation:  None.

Fiscal Note:  Available.

Effective Date:  Ninety days after adjournment of session in which bill is passed.