H-1173.2  _______________________________________________

                          HOUSE BILL 1658

          _______________________________________________

State of Washington      54th Legislature     1995 Regular Session

By Representatives Pennington, Hatfield, Morris, Basich, Boldt, Chandler and Benton

Read first time 02/03/95.  Referred to Committee on Agriculture & Ecology.

Providing that filled or altered wetlands shall not be considered or treated as wetlands.

    AN ACT Relating to the filling or altering of wetlands; and adding a new section to chapter 64.44 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A new section is added to chapter 64.44 RCW to read as follows:

    Any wetlands that are legally filled or legally altered, including wetlands that were filled or altered before laws existed restricting the filling or altering of wetlands, shall not be considered to be wetlands or treated as wetlands if, as a result of the filling or alteration, the lands lose their character as wetlands.

    The state shall have the burden of proof by a preponderance of evidence that any wetlands that were filled or altered were not legally filled or altered.  Unless the owner of wetlands agrees to an extension, a lawsuit by the state challenging the legality of filling or altering wetlands shall be dismissed if a final judgment is not reached within one hundred eighty days of the commencement of the lawsuit by the filing of the complaint.  The owner of wetlands who prevails in such a lawsuit shall be awarded costs, including reasonable attorney fees.

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