CERTIFICATION OF ENROLLMENT

                   SUBSTITUTE HOUSE BILL 2167

                        54th Legislature

                      1996 Regular Session

Passed by the House March 5, 1996   Yeas 96   Nays 0 Speaker of the       House of Representatives Passed by the Senate March 1, 1996   Yeas 45   Nays 0

CERTIFICATE I, Timothy A. Martin, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL 2167 as passed by the House of Representatives and the Senate on the dates hereon set forth.

President of the Senate

Chief Clerk

Approved Place Style On Codes above, and Style Off Codes below.

FILED

Governor of the State of Washington

Secretary of State                   State of Washington

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                    SUBSTITUTE HOUSE BILL 2167

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                     AS AMENDED BY THE SENATE

             Passed Legislature - 1996 Regular Session

State of Washington      54th Legislature     1996 Regular Session

By House Committee on Natural Resources (originally sponsored by Representatives Buck, Goldsmith, Benton, Huff, Blanton, Thompson, Hymes, Koster, Pennington, Beeksma, Sheldon, Fuhrman and McMahan)

Read first time 01/26/96. 

Exempting regular maintenance of marinas from hydraulic project review and approval.

    AN ACT Relating to regular maintenance of marinas; adding a new section to chapter 75.20 RCW; and creating a new section.

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

NEW SECTION. Sec. 1.  The legislature finds that initial construction of a marina and some maintenance activities change the natural flow or bed of the salt or fresh water body in which the marina is constructed.  Because of this disturbance, it is appropriate that plans for initial marina construction as well as some maintenance activities undergo the hydraulic project review and approval process established in chapter 75.20 RCW.

    It is the intent of the legislature that after a marina has received a hydraulic project approval and been constructed, a renewable, five-year hydraulic project approval be issued, upon request, for regular maintenance activities within the marina.

NEW SECTION. Sec. 2.  A new section is added to chapter 75.20 RCW to read as follows:

    (1) "Marina" means a public or private facility providing boat moorage space, fuel, or commercial services.  Commercial services include but are not limited to overnight or live-aboard boating accommodations.

    (2) For a marina in existence on the effective date of this act or a marina that has received a hydraulic project approval for its initial construction, a renewable, five-year hydraulic project approval shall be issued, upon request, for regular maintenance activities of the marina.

    (3) Upon construction of a new marina that has received hydraulic project approval, a renewable, five-year hydraulic project approval shall be issued, upon request, for regular maintenance activities of the marina.

    (4) For the purposes of this section, regular maintenance activities are only those activities necessary to restore the marina to the conditions approved in the initial hydraulic project approval.  These activities may include, but are not limited to, dredging, piling replacement, and float replacement.

    (5) The five-year permit must include a requirement that a fourteen-day notice be given to the department before regular maintenance activities begin.

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