S-1207.2          _______________________________________________

 

                                 SENATE BILL 5690

                  _______________________________________________

 

State of Washington              54th Legislature             1995 Regular Session

 

By Senators Fairley, Swecker, Fraser, Owen and Quigley

 

Read first time 01/31/95.  Referred to Committee on Transportation.

 

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 adopt rules providing for adequate public notice to, and the opportunity for public comment from, the owners of properties abutting the highway right of way before undertaking significant roadside maintenance activities.  If one or more owners requests a public hearing, the department shall provide a public hearing.  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 adopt rules providing for notification of the owners of property abutting the highway right of way including a description of the facility and changes to the site occurring as a result of granting the franchise on the right of way.  The rules must provide 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.  A public hearing must also be called upon the request of the owner of an abutting property.

 


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