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               ENGROSSED SUBSTITUTE SENATE BILL 5690

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State of Washington      54th Legislature     1995 Regular Session

 

By Senate Committee on Transportation (originally sponsored by Senators Fairley, Swecker, Fraser, Owen and Quigley)

 

Read first time 03/06/95.

 

Seeking input on significant roadside activities.



    AN ACT Relating to public comment on significant roadside activities; amending RCW 47.44.010; and adding a new section to chapter 47.32 RCW.

 

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

 

    NEW SECTION.  Sec. 1.  A new section is added to chapter 47.32 RCW to read as follows:

    The department shall provide public notification to, and the opportunity for public comment from, the owners of properties abutting the highway right of way before undertaking significant roadside maintenance activities.  The notification must include, at a minimum, publication at least thirty days before the activities in two successive issues in a newspaper of general circulation in the area and posting at least thirty days in advance in conspicuous locations in the vicinity of the activities.  If one or more owners requests a public meeting, the department shall provide a public meeting.  The process shall seek public input before the activities are accomplished.  For the purpose of this section, significant maintenance activities include but are not limited to, removal of large stands of vegetation, recontouring of earth berms, or the removal or modification of other natural or constructed noise barriers.  Significant roadside maintenance activities do not include emergency maintenance; critical safety work, such as removal of trees that are an immediate threat to the safety of the traveling public; mowing; and roadside cleanup.

 

    Sec. 2.  RCW 47.44.010 and 1980 c 28 s 1 are each amended to read as follows:

    The department of transportation may grant franchises to persons, associations, private or municipal corporations, the United States government, or any agency thereof, to use any state highway for the construction and maintenance of water pipes, flume, gas, oil or coal pipes, telephone, telegraph and electric light and power lines and conduits, trams or railways, and any structures or facilities which are part of an urban public transportation system owned or operated by a municipal corporation, agency or department of the state of Washington other than the department of transportation, and any other such facilities.  All applications for such franchise shall be made in writing and subscribed by the applicant, and shall describe the state highway or portion thereof over which franchise is desired and the nature of the franchise.  The department of transportation shall provide for public notification to, and the opportunity for public comment from, the owners of property abutting the highway right of way of any proposed facility that will have a long term visual or physical impact.  The notice must include a description of the facility and changes to the site occurring as a result of granting the franchise on the right of way.  At a minimum, the notice must be published at least thirty days before granting the franchise in two consecutive issues in a newspaper of general circulation in the area and posted at least thirty days before granting the franchise in conspicuous locations in the vicinity of the facility.  The department of transportation shall adopt rules providing for a hearing or an opportunity for a hearing with reasonable public notice thereof with respect to any franchise application involving the construction and maintenance of utilities or other facilities within the highway right of way which the department determines may (1) during construction, significantly disrupt the flow of traffic or use of driveways or other facilities within the right of way, or (2) during or following construction, cause a significant and adverse effect upon the surrounding environment including properties abutting the right of way.

 


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