AN ACT Relating to
flood damage reduction; amending RCW 36.70A.060, 36.70A.070, 36.70A.170,
43.21C.020, 75.20.100, 75.20.103, 75.20.130, 79.90.150, 79.90.300, 85.38.200,
86.15.030, 86.15.050, 86.15.160, 86.26.105, 90.58.180, 86.12.200, 90.58.030,
and 47.28.140; adding new sections to chapter 75.20 RCW; adding a new section
to chapter 79.90 RCW; adding a new section to chapter 43.17 RCW; adding a new
section to chapter 86.26 RCW; creating new sections; repealing RCW 79.90.325;
and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
NEW SECTION. Sec.
1. The legislature finds
that river and stream systems can threaten public and private property during
flood events. River systems react in different ways: When some rivers flood,
they scour; others fill in by sediment deposition. The legislature further
finds that when placing or removing organic debris in a river that scours, it
may be appropriate to place more debris for fish habitat; if it is a river that
deposits sediments and tends to fill in then it may be appropriate to remove
deposits to create some deeper pools and a better flow pattern, that will help
fish habitat as well as lessen flood danger. The legislature therefore
declares that reducing flood damage through the use of structural and
nonstructural projects is in the public interest and that it is the duty of the
state to assist in funding flood control projects. Structural and
nonstructural projects include but are not limited to: Streambank
stabilization, river channel maintenance, land use restrictions, land buy-outs,
flood easements, and emergency notification. The legislature further declares
that counties be given the flexibility to make those decisions that are best
for their particular rivers, rather than prescribe or constrain local
government to the point where they cannot manage their different types of
rivers. The legislature further declares that local governments should
coordinate flood planning and flood projects so that the projects do not cause
flooding in other areas. Counties and cities are encouraged to coordinate
using watershed planning areas to provide consistent planning throughout a
water's course.
Sec. 2. RCW 36.70A.060 and 1991
sp.s. c 32 s 21 are each amended to read as follows:
(1) Each county that is
required or chooses to plan under RCW 36.70A.040, and each city within such
county, shall adopt development regulations on or before September 1, 1991, to
assure the conservation of agricultural, forest, and mineral resource lands designated
under RCW 36.70A.170. Regulations adopted under this subsection may not
prohibit uses legally existing on any parcel prior to their adoption and shall
remain in effect until the county or city adopts development regulations
pursuant to RCW 36.70A.120. Such regulations shall assure that the use of
lands adjacent to agricultural, forest, or mineral resource lands shall not
interfere with the continued use, in the accustomed manner and in accordance
with best management practices, of these designated lands for the production of
food, agricultural products, or timber, or for the extraction of minerals.
Counties and cities shall require that all plats, short plats, development
permits, and building permits issued for development activities on, or within
three hundred feet of, lands designated as agricultural lands, forest lands, or
mineral resource lands, contain a notice that the subject property is within or
near designated agricultural lands, forest lands, or mineral resource lands on
which a variety of commercial activities may occur that are not compatible with
residential development for certain periods of limited duration.
(2) Each county and
city shall adopt development regulations that protect critical areas that are
required to be designated under RCW 36.70A.170. For counties and cities that
are required or choose to plan under RCW 36.70A.040, such development
regulations shall be adopted on or before September 1, 1991. For the remainder
of the counties and cities, such development regulations shall be adopted on or
before March 1, 1992.
(3) Such counties and
cities shall review these designations and development regulations when
adopting their comprehensive plans under RCW 36.70A.040 and implementing
development regulations under RCW 36.70A.120 and may alter such designations
and development regulations to insure consistency.
(4) Forest land and
agricultural land located within urban growth areas shall not be designated by
a county or city as forest land or agricultural land of long-term commercial
significance under RCW 36.70A.170 unless the city or county has enacted a
program authorizing transfer or purchase of development rights.
(5) All development
regulations developed under this section shall be consistent with the
comprehensive flood control management plan adopted by the county under RCW
86.26.105.
Sec. 3. RCW 36.70A.070 and 1990
1st ex.s. c 17 s 7 are each amended to read as follows:
The comprehensive plan
of a county or city that is required or chooses to plan under RCW 36.70A.040
shall consist of a map or maps, and descriptive text covering objectives,
principles, and standards used to develop the comprehensive plan. The plan
shall be an internally consistent document and all elements shall be consistent
with the future land use map, and the comprehensive flood control management
plan adopted by the county under RCW 86.26.105. A comprehensive plan shall
be adopted and amended with public participation as provided in RCW 36.70A.140.
Each comprehensive plan
shall include a plan, scheme, or design for each of the following:
(1) A land use element
designating the proposed general distribution and general location and extent
of the uses of land, where appropriate, for agriculture, timber production, housing,
commerce, industry, recreation, open spaces, public utilities, public
facilities, and other land uses. The land use element shall include population
densities, building intensities, and estimates of future population growth.
The land use element shall provide for protection of the quality and quantity
of ground water used for public water supplies. Where applicable, the land use
element shall review drainage, flooding, and storm water run-off in the area
and nearby jurisdictions and provide guidance for corrective actions to
mitigate or cleanse those discharges that pollute waters of the state,
including Puget Sound or waters entering Puget Sound.
(2) A housing element
recognizing the vitality and character of established residential neighborhoods
that: (a) Includes an inventory and analysis of existing and projected housing
needs; (b) includes a statement of goals, policies, and objectives for the
preservation, improvement, and development of housing; (c) identifies
sufficient land for housing, including, but not limited to, government-assisted
housing, housing for low-income families, manufactured housing, multifamily
housing, and group homes and foster care facilities; and (d) makes adequate
provisions for existing and projected needs of all economic segments of the
community.
(3) A capital
facilities plan element consisting of: (a) An inventory of existing capital
facilities owned by public entities, showing the locations and capacities of
the capital facilities; (b) a forecast of the future needs for such capital
facilities; (c) the proposed locations and capacities of expanded or new
capital facilities; (d) at least a six-year plan that will finance such capital
facilities within projected funding capacities and clearly identifies sources of
public money for such purposes; and (e) a requirement to reassess the land use
element if probable funding falls short of meeting existing needs and to ensure
that the land use element, capital facilities plan element, and financing plan
within the capital facilities plan element are coordinated and consistent.
(4) A utilities element
consisting of the general location, proposed location, and capacity of all
existing and proposed utilities, including, but not limited to, electrical
lines, telecommunication lines, and natural gas lines.
(5) Counties shall
include a rural element including lands that are not designated for urban
growth, agriculture, forest, or mineral resources. The rural element shall
permit land uses that are compatible with the rural character of such lands and
provide for a variety of rural densities.
(6) A transportation
element that implements, and is consistent with, the land use element. The
transportation element shall include the following subelements:
(a) Land use
assumptions used in estimating travel;
(b) Facilities and
services needs, including:
(i) An inventory of
air, water, and land transportation facilities and services, including transit
alignments, to define existing capital facilities and travel levels as a basis
for future planning;
(ii) Level of service
standards for all arterials and transit routes to serve as a gauge to judge
performance of the system. These standards should be regionally coordinated;
(iii) Specific actions
and requirements for bringing into compliance any facilities or services that
are below an established level of service standard;
(iv) Forecasts of
traffic for at least ten years based on the adopted land use plan to provide
information on the location, timing, and capacity needs of future growth;
(v) Identification of
system expansion needs and transportation system management needs to meet
current and future demands;
(c) Finance, including:
(i) An analysis of
funding capability to judge needs against probable funding resources;
(ii) A multiyear
financing plan based on the needs identified in the comprehensive plan, the
appropriate parts of which shall serve as the basis for the six-year street,
road, or transit program required by RCW 35.77.010 for cities, RCW 36.81.121
for counties, and RCW 35.58.2795 for public transportation systems;
(iii) If probable
funding falls short of meeting identified needs, a discussion of how additional
funding will be raised, or how land use assumptions will be reassessed to
ensure that level of service standards will be met;
(d) Intergovernmental
coordination efforts, including an assessment of the impacts of the
transportation plan and land use assumptions on the transportation systems of
adjacent jurisdictions;
(e) Demand-management
strategies.
After adoption of the
comprehensive plan by jurisdictions required to plan or who choose to plan
under RCW 36.70A.040, local jurisdictions must adopt and enforce ordinances
which prohibit development approval if the development causes the level of
service on a transportation facility to decline below the standards adopted in
the transportation element of the comprehensive plan, unless transportation
improvements or strategies to accommodate the impacts of development are made
concurrent with the development. These strategies may include increased public
transportation service, ride sharing programs, demand management, and other
transportation systems management strategies. For the purposes of this subsection
(6) "concurrent with the development" shall mean that improvements or
strategies are in place at the time of development, or that a financial
commitment is in place to complete the improvements or strategies within six
years.
The transportation
element described in this subsection, and the six-year plans required by RCW
35.77.010 for cities, RCW 36.81.121 for counties, and RCW 35.58.2795 for public
transportation systems, must be consistent.
Sec. 4. RCW 36.70A.170 and 1990
1st ex.s. c 17 s 17 are each amended to read as follows:
(1) On or before
September 1, 1991, each county, and each city, shall designate where
appropriate:
(a) Agricultural lands
that are not already characterized by urban growth and that have long-term
significance for the commercial production of food or other agricultural
products;
(b) Forest lands that
are not already characterized by urban growth and that have long-term
significance for the commercial production of timber;
(c) Mineral resource lands
that are not already characterized by urban growth and that have long-term
significance for the extraction of minerals; and
(d) Critical areas.
(2) In making the
designations required by this section, counties and cities shall consider the
guidelines established pursuant to RCW 36.70A.050, and shall make such
designations so that they are consistent with the comprehensive flood control
management plan adopted by the county under RCW 86.26.105.
Sec. 5. RCW 43.21C.020 and 1971
ex.s. c 109 s 2 are each amended to read as follows:
(1) The legislature,
recognizing that ((man)) people depend((s)) on ((his))
their biological and physical surroundings for food, shelter, and other
needs, and for cultural enrichment as well((;)), and recognizing
further the profound impact of ((man's)) human activity on the
interrelations of all components of the natural environment, particularly the
profound influences of population growth, high-density urbanization, industrial
expansion, resource utilization and exploitation, and new and expanding
technological advances, and recognizing further the critical importance
of restoring and maintaining environmental quality to the overall welfare and
development of ((man)) people, declares that it is the continuing
policy of the state of Washington, in cooperation with federal and local
governments, and other concerned public and private organizations, to use all
practicable means and measures, including financial and technical assistance,
in a manner calculated to: (a) Foster and promote the general welfare; (b) ((to))
create and maintain conditions under which ((man)) people and
nature can exist in productive harmony; and (c) fulfill the social, economic,
and other requirements of present and future generations of Washington
citizens.
(2) In order to carry
out the policy set forth in this chapter, it is the continuing responsibility
of the state of Washington and all agencies of the state to use all practicable
means, consistent with other essential considerations of state policy, to
improve and coordinate plans, functions, programs, and resources to the end
that the state and its citizens may:
(a) Fulfill the
responsibilities of each generation as trustee of the environment for
succeeding generations;
(b) Assure for all
people of Washington safe, healthful, productive, and aesthetically and
culturally pleasing surroundings;
(c) Attain the widest
range of beneficial uses of the environment without degradation, risk to health
or safety, or other undesirable and unintended consequences;
(d) Preserve important
historic, cultural, and natural aspects of our national heritage;
(e) Maintain, wherever
possible, an environment which supports diversity and variety of individual
choice;
(f) Achieve a balance
between population and resource use which will permit high standards of living
and a wide sharing of life's amenities; ((and))
(g) Enhance the quality
of renewable resources and approach the maximum attainable recycling of
depletable resources; and
(h) Provide for the
prevention, minimization, and repair of flood damage as defined in RCW
86.16.120.
(3) The legislature
recognizes that each person has a fundamental and inalienable right to a
healthful environment and that each person has a responsibility to contribute
to the preservation and enhancement of the environment.
NEW SECTION. Sec.
6. A new section is added
to chapter 75.20 RCW to read as follows:
Unless the context
clearly requires otherwise, the definitions in this section apply to RCW
75.20.100, 75.20.103, and 75.20.130.
(1) "Bed"
means the land below the ordinary high water lines of state waters. This
definition does not include irrigation ditches, canals, storm water run‑off
devices, or other artificial watercourses except where they exist in a natural
watercourse that has been altered by humans.
(2)
"Commercial" means any facility or building used for commerce,
including those used for agricultural or industrial purposes.
(3)
"Emergency" means an immediate threat to life, public land, or
private property, or an immediate threat of serious environmental degradation.
(4) "Streambank
stabilization" includes but is not limited to log and debris removal; bank
protection including riprap, jetties, and groins; gravel removal; and erosion
control.
(5) "To construct
any form of hydraulic project or perform other work" does not include the
act of driving across an established ford. Driving across streams or on wetted
stream beds at areas other than established fords requires approval. Work
within the ordinary high water line of state waters to construct or repair a
ford or crossing requires approval.
NEW SECTION. Sec.
7. A new section is added
to chapter 75.20 RCW to read as follows:
The permitting
department may impose the following conditions on persons applying under RCW
75.20.100 or 75.20.103:
(1) The permittee shall
establish an excavation line. "Excavation line" means a line on the
dry bed, parallel to the water's edge unless otherwise stated, that changes
with water level fluctuations.
(2) The permittee may
not remove bed material from the water side of the excavation line.
(3) The permittee shall
begin excavating at the excavation line and proceed toward the bank,
perpendicular to the alignment of the watercourse.
(4) The permittee shall
keep the maximum distance of excavation toward the bank from the excavation
line approximately equal throughout the excavation zone. "Excavation
zone" means the area between the excavation line and the bank.
(5) The permittee shall
identify the excavation zone with boundary markers.
(6) The permittee shall
maintain a minimum one-half percent gradient upward from the excavation line in
the excavation zone.
(7) The permittee shall
ensure that the excavation zone is free of pits or potholes.
(8) The permittee shall
not stockpile or spoil excavated materials within the ordinary high water line
except from June 15 to October 15.
(9) The permittee may
not allow any equipment within the wetted perimeter of the watercourse without
specific permission.
(10) The permittee
shall dispose of debris in the excavation zone so it does not reenter the
watercourse.
(11) The permittee may
not perform gravel washing or crushing operations below the ordinary high water
line.
(12) The permittee
shall be allowed to remove only that amount of rock, sand, gravel, or silt
which is naturally replenished on an annual basis, except in instances where a
lapse in material removal has occurred. If such lapse has occurred, then an
amount of material equivalent to the amount estimated to have accumulated since
the last material removal operation, including debris and vegetation, may be
removed.
Sec. 8. RCW 75.20.100 and 1993
sp.s. c 2 s 30 are each amended to read as follows:
(1) In the event
that any person or government agency desires to construct any form of hydraulic
project or perform other work that will use, divert, obstruct, or change the
natural flow or bed of any of the salt or fresh waters of the state, such
person or government agency shall, before commencing construction or work
thereon and to ensure the proper protection of fish life, secure the written
approval of the department as to the adequacy of the means proposed for the
protection of fish life. The department may not limit, condition, or
otherwise affect the amount, timing, or delivery method of water diverted under
chapter 90.03 RCW after the water leaves the stream channel and before it is
returned to the stream. This approval shall not be unreasonably withheld.
Except as provided in RCW 75.20.1001 ((and 75.20.1002)), the department
shall grant or deny approval within forty-five calendar days of the receipt of
a complete application and notice of compliance with any applicable
requirements of the state environmental policy act, made in the manner
prescribed in this section. The applicant may document receipt of application
by filing in person or by registered mail. A complete application for approval
shall contain general plans for the overall project, complete plans and
specifications of the proposed construction or work within the mean higher high
water line in salt water or within the ordinary high water line in fresh water,
and complete plans and specifications for the proper protection of fish life.
The forty-five day requirement shall be suspended if (((1))) (a)
after ten working days of receipt of the application, the applicant remains
unavailable or unable to arrange for a timely field evaluation of the proposed
project; (((2))) (b) the site is physically inaccessible for
inspection; or (((3))) (c) the applicant requests delay.
Immediately upon determination that the forty-five day period is suspended, the
department shall notify the applicant in writing of the reasons for the delay.
Approval is valid for a period of up to five years from date of issuance. The
permittee must demonstrate substantial progress on construction of that portion
of the project relating to the approval within two years of the date of
issuance. If the department denies approval, the department shall provide the
applicant, in writing, a statement of the specific reasons why and how the
proposed project would adversely affect fish life. Protection of fish life
shall be the only ground upon which approval may be denied or conditioned.
(2) In making a
decision as to whether fish life is protected, the department of fish and
wildlife shall determine if a project as proposed or modified:
(a) Presents no
substantial risk to fish life and provides fish habitat productivity equivalent
to preproject conditions at the project site within two years of the project's
completion; or
(b)(i) Protects a
residential, commercial, industrial, or public facility or structure that is
likely to incur significant flood damage during the next flood season if the
project is not completed; and (ii) lessens the loss of fish life or habitat as
compared to a project resulting from an emergency request under this section.
The department with
jurisdiction shall approve a project if it determines that the project meets
either (a) or (b) of this subsection.
(3) Chapter
34.05 RCW applies to any denial of project approval, conditional approval, or
requirements for project modification upon which approval may be contingent.
If any person or government agency commences construction on any hydraulic
works or projects subject to this section without first having obtained written
approval of the department as to the adequacy of the means proposed for the
protection of fish life, or if any person or government agency fails to follow
or carry out any of the requirements or conditions as are made a part of such
approval, the person or director of the agency is guilty of a gross
misdemeanor. If any such person or government agency is convicted of violating
any of the provisions of this section and continues construction on any such
works or projects without fully complying with the provisions hereof, such
works or projects are hereby declared a public nuisance and shall be subject to
abatement as such.
((For the purposes
of this section and RCW 75.20.103, "bed" shall mean the land below
the ordinary high water lines of state waters. This definition shall not
include irrigation ditches, canals, storm water run-off devices, or other
artificial watercourses except where they exist in a natural watercourse that
has been altered by man.
The phrase "to
construct any form of hydraulic project or perform other work" shall not
include the act of driving across an established ford. Driving across streams
or on wetted stream beds at areas other than established fords requires
approval. Work within the ordinary high water line of state waters to
construct or repair a ford or crossing requires approval.))
(4) In case of
an emergency arising from weather or stream flow conditions or other natural
conditions, upon request the department, through its authorized
representatives, shall ((issue)) grant immediately ((upon
request)), oral approval for removing any obstructions, repairing
existing structures, restoring stream banks, or ((to protect)) protecting
property threatened by the stream or a change in the stream flow without ((the
necessity of obtaining)) requiring a written approval prior to
commencing work. Conditions of an oral approval shall be reduced to writing
within thirty days and complied with as provided for in this section. Oral
approval shall be granted immediately upon request, for a stream crossing
during an emergency situation.
(5) This section
shall not apply to the repair of an existing flood control project if the
project is determined by the county to be:
(a) Consistent with
a currently approved comprehensive flood control management plan; and
(b) Necessary to
avoid flood damage during the next flood season.
(6) This section
shall not apply to the construction of any form of hydraulic project or other
work which diverts water for agricultural irrigation or stock watering purposes
authorized under or recognized as being valid by the state's water codes, or
when such hydraulic project or other work is associated with streambank
stabilization to protect farm and agricultural land as defined in RCW
84.34.020. These irrigation or stock watering diversion and streambank
stabilization projects shall be governed by RCW 75.20.103.
Sec. 9. RCW 75.20.103 and 1993
sp.s. c 2 s 32 are each amended to read as follows:
(1) In the event
that any person or government agency desires to construct any form of hydraulic
project or other work that diverts water for agricultural irrigation or stock
watering purposes, or when such hydraulic project or other work is associated
with streambank stabilization or flood damage reduction to protect farm
and agricultural land as defined in RCW 84.34.020, and when such ((diversion
or streambank stabilization)) hydraulic project will use, divert,
obstruct, or change the natural flow or bed of any river or stream or will
utilize any waters of the state or materials from the stream beds, the person
or government agency shall, before commencing construction or work thereon and
to ensure the proper protection of fish life, secure a written approval from
the department as to the adequacy of the means proposed for the protection of
fish life. The department may not limit, condition, or otherwise affect the
amount, timing, or delivery method of water diverted under chapter 90.03 RCW
after the water leaves the stream channel and before it is returned to the
stream. This approval shall not be unreasonably withheld. Except as
provided in RCW 75.20.1001 ((and 75.20.1002)), the department shall
grant or deny the approval within forty-five calendar days of the receipt of a
complete application ((and notice of compliance with any applicable
requirements of the state environmental policy act,)) made in the manner
prescribed in this section. The applicant may document receipt of application
by filing in person or by registered mail.
(2) A complete
application for an approval shall:
(a) Contain
general plans for the overall project, complete plans and specifications of the
proposed construction or work within ordinary high water line, and complete
plans and specifications for the proper protection of fish life; and
(b) Not be required
to include notice of compliance with any applicable requirements of the state
environmental policy act. Final approval of a project may not be granted until
any applicable requirements of the state environmental policy act have been satisfied.
(3) The
forty-five day requirement shall be suspended if (((1))):
(a) After ten
working days of receipt of the application, the applicant remains unavailable
or unable to arrange for a timely field evaluation of the proposed project; (((2)))
(b) The site is
physically inaccessible for inspection; ((or (3))) (c) After
forty-four days of receipt of a complete application, a notice of compliance
with the state environmental policy act has not been issued; or
(d) The
applicant requests delay.
(4) Immediately
upon determination that the forty-five day period is suspended, the department
shall notify the applicant in writing of the reasons for the delay.
(5) In making a
decision as to whether fish life is protected, the department shall determine
if a project as proposed or modified:
(a) Presents no
substantial risk to fish life and provides fish habitat productivity equivalent
to preproject conditions at the project site within two years of the project's
completion; or
(b)(i) Protects a
residential, commercial, industrial, or public facility or structure that is
likely to incur significant flood damage during the next flood season if the
project is not completed; and (ii) lessens the loss of fish life or habitat as
compared to a project resulting from an emergency request under this section.
The department shall
approve a project if it determines that the project meets either (a) or (b) of
this subsection.
(6) An approval
shall remain in effect without need for periodic renewal for projects that divert
water for agricultural irrigation or stock watering purposes and that involve
seasonal construction or other work. Approval for streambank stabilization
projects shall remain in effect without need for periodic renewal if the
problem causing the need for the streambank stabilization occurs on an annual
or more frequent basis. The permittee must notify the appropriate agency
before commencing the construction or other work within the area covered by the
approval.
(7) The
permittee must demonstrate substantial progress on construction of that portion
of the project relating to the approval within two years of the date of
issuance. If the department denies approval, the department shall provide the
applicant, in writing, a statement of the specific reasons why and how the
proposed project would adversely affect fish life. Protection of fish life
shall be the only ground upon which approval may be denied or conditioned.
Issuance, denial, conditioning, or modification shall be appealable to the
hydraulic appeals board established in RCW 43.21B.005 within thirty days of the
notice of decision. The burden shall be upon the department to show that the
denial or conditioning of an approval is solely aimed at the protection of fish
life.
(8) The
department may, after consultation with the permittee, modify an approval due
to changed conditions. The modifications shall become effective unless
appealed to the hydraulic appeals board within thirty days from the notice of
the proposed modification. The burden is on the department to show that
changed conditions warrant the modification in order to protect fish life.
(9) A permittee
may request modification of an approval due to changed conditions. The request
shall be processed within forty-five calendar days of receipt of the written
request. A decision by the department may be appealed to the hydraulic appeals
board within thirty days of the notice of the decision. The burden is on the
permittee to show that changed conditions warrant the requested modification
and that such modification will not impair fish life.
(10) If any
person or government agency commences construction on any hydraulic works or
projects subject to this section without first having obtained written approval
of the department as to the adequacy of the means proposed for the protection
of fish life, or if any person or government agency fails to follow or carry
out any of the requirements or conditions as are made a part of such approval,
the person or director of the agency is guilty of a gross misdemeanor. If any
such person or government agency is convicted of violating any of the
provisions of this section and continues construction on any such works or
projects without fully complying with the provisions hereof, such works or
projects are hereby declared a public nuisance and shall be subject to
abatement as such.
(11) In case of
an emergency arising from weather or stream flow conditions or other natural
conditions, the department, through its authorized representatives, shall issue
immediately upon request oral approval for removing any obstructions, repairing
existing structures, restoring stream banks, or to protect property threatened
by the stream or a change in the stream flow without the necessity of obtaining
a written approval prior to commencing work. Conditions of an oral approval
shall be reduced to writing within thirty days and complied with as provided
for in this section. Oral approval shall be granted immediately upon
request, for a stream crossing during an emergency.
((For purposes of
this chapter, "streambank stabilization" shall include but not be
limited to log and debris removal, bank protection (including riprap, jetties,
and groins), gravel removal and erosion control.))
(12) This section
shall not apply to a project involving the repair of an existing flood control
facility if the project is determined by the county to be:
(a) Consistent with
a previously approved comprehensive flood control management plan; and
(b) Necessary to
avoid flood damage during the next flood season.
Sec. 10. RCW 75.20.130 and 1993
sp.s. c 2 s 37 are each amended to read as follows:
(1) There is hereby
created within the environmental hearings office under RCW 43.21B.005 the
hydraulic appeals board of the state of Washington.
(2) The hydraulic
appeals board shall consist of three members: The director of the department
of ecology or the director's designee, the director of the department of
agriculture or the director's designee, and the director or the director's
designee of the department whose action is appealed under subsection (6) of
this section. A decision must be agreed to by at least two members of the
board to be final.
(3) The board may adopt
rules necessary for the conduct of its powers and duties or for transacting
other official business.
(4) The board shall
make findings of fact and prepare a written decision in each case decided by
it, and that finding and decision shall be effective upon being signed by two
or more board members and upon being filed at the hydraulic appeals board's principal
office, and shall be open to public inspection at all reasonable times.
(5) The board has
exclusive jurisdiction to hear appeals arising from the approval, denial,
conditioning, or modification of a hydraulic approval issued by the department
under the authority granted in RCW 75.20.103 for the diversion of water for
agricultural irrigation or stock watering purposes or when associated with
streambank stabilization to protect farm and agricultural land as defined in
RCW 84.34.020.
(6)(a) Any person aggrieved
by the approval, denial, conditioning, or modification of a hydraulic approval
pursuant to RCW 75.20.103 may seek review from the board by filing a request
for the same within thirty days of notice of the approval, denial,
conditioning, or modification of such approval.
(b) The review
proceedings authorized in (a) of this subsection are subject to the provisions
of chapter 34.05 RCW pertaining to procedures in adjudicative proceedings.
(c) If a review
proceeding authorized in (a) of this subsection finds for the aggrieved permit
applicant, the applicant may be awarded any legal and engineering costs
involved in challenging the permit decision.
NEW SECTION. Sec.
11. A new section is added
to chapter 79.90 RCW to read as follows:
(1) Use or
modification, or both, of any river system must involve basic hydraulic
principles, as well as harmonize as much as possible with existing aquatic
ecosystems, and human needs.
(2) The department,
commissioner, and board shall:
(a) Give priority
consideration to the preservation of the streamway environment with special
attention given to preservation of those areas considered aesthetically or
environmentally unique for stream segments with a naturally unconfined channel;
(b) Encourage bank and
island stabilization programs which rely mainly on natural vegetative systems
as holding elements;
(c) Encourage research
to develop alternative methods of channel control, utilizing natural systems of
stabilization;
(d) Recognize natural plant
and animal communities and other features that provide an ecological balance to
a streamway in evaluating competing human uses and require protection from
significant human impact; and
(e) Recognize that
hydraulic conditions may require the installation of riprap or other similar
measure to further protect natural systems of stabilization.
(3) No person may
remove normal stream depositions of logs, uprooted tree snags, and stumps which
abut on shorelands and do not intrude on the navigational channel or reduce
flow, or adversely redirect a river course, and are not harmful to life and
property without the department's permission but the department must consider
the need to protect the resultant dependent aquatic systems.
(4) No person may fill
indentations such as mudholes, eddies, pools, and aeration drops without
permission of the department.
(5) The department may
permit river channel relocations only when an overriding public benefit can be
shown. Filling, grading, lagooning, or dredging which would result in
substantial detriment to navigable waters by reason of erosion, sedimentation,
or impairment of fish and aquatic life are not authorized.
(6) No person may
remove sand and gravel below the wetted perimeter of navigable rivers unless
authorized by a hydraulics permit issued by either the department of fisheries
or department of wildlife under RCW 75.20.100 and 75.20.103. These removals
may be authorized for maintenance and improvement of navigational channels or
for creating backwater channels for fish rearing or improvement of the flow
capacity of the channels.
(7) The department may
allow sand and gravel removals above the wetted perimeter of a navigable river
which are not harmful to public health and safety when any or all of the
following situations exist:
(a) The removal is
designed to create or improve a feature such as a pond, wetland, or other
habitat valuable for fish and wildlife;
(b) The removal
provides recreational benefits;
(c) The removal will
aid in reducing a detrimental accumulation of aggregates in downstream lakes,
reservoirs, and river beds;
(d) The removal will
aid in reducing damage to private or public land and property abutting a
navigable river; or
(e) The removal will
contribute to increased flood protection for private or public land.
(8) The department may
not allow sand and gravel removals above the wetted perimeter of a navigable
river when:
(a) The location of
such material is below a dam and has inadequate supplementary feeding of gravel
or sand;
(b) Removal will cause
unstable hydraulic conditions detrimental to fish, wildlife, public health, and
safety; or
(c) Removal will impact
esthetics of nearby recreational facilities.
(9) No person may
perform bank dumping or junk revetment on aquatic lands.
(10) The department
shall condition sand and gravel removal leases to allow removal of only that
amount which is naturally replenished on an annual basis, except in instances
where a lapse in material removal has occurred. If such a lapse has occurred,
then an amount of material equivalent to the amount estimated to have
accumulated since the last material removal operation, including debris and
vegetation, may be removed if consistent with the county comprehensive flood
control management plan.
Sec. 12. RCW 79.90.150 and 1991 c
337 s 1 are each amended to read as follows:
When gravel, rock,
sand, silt or other material from any aquatic lands is removed by any public
agency or under public contract for channel or harbor improvement, or flood
control, use of such material may be authorized by the department of natural
resources for a public purpose on land owned or leased by the state or any
municipality, county, or public corporation: PROVIDED, That when no public
land site is available for deposit of such material, its deposit on private
land with the landowner's permission is authorized and may be designated by the
department of natural resources to be for a public purpose. Prior to removal
and use, the state agency, municipality, county, or public corporation
contemplating or arranging such use shall first obtain written permission from
the department of natural resources. No payment of royalty shall be required
for such gravel, rock, sand, silt, or other material used for such public
purpose, but a charge will be made if such material is subsequently sold or
used for some other purpose: PROVIDED, That the department may authorize such
public agency or private landowner to dispose of such material without charge
when necessary to implement disposal of material. No charge shall be required
for any use of the material obtained under the provisions of this chapter when
used solely on an authorized site. No charge shall be required for any use of
the material obtained under the provisions of this chapter if the material is
used for public purposes by local governments. No charge may be required
for removal or use of such material if the removal of the material is
determined by the county engineer or equivalent position to be for flood
control purposes. Public purposes include, but are not limited to,
construction and maintenance of roads, dikes, and levies. Nothing in this
section shall repeal or modify the provisions of RCW 75.20.100 or eliminate the
necessity of obtaining a permit for such removal from other state or federal
agencies as otherwise required by law.
Sec. 13. RCW 79.90.300 and 1991 c
322 s 26 are each amended to read as follows:
(1) The
department of natural resources, upon application by any person or when
determined by the department to be in the best interest of the state, may enter
into a contract or lease providing for the removal and sale of rock, gravel,
sand, and silt, or other valuable materials located within or upon beds of
navigable waters, or upon any tidelands or shorelands belonging to the state
and providing for payment to be made therefor by such royalty as the department
may fix, by negotiation, by sealed bid, or at public auction. If application
is made for the purchase of any valuable material situated within or upon
aquatic lands the department shall inspect and appraise the value of the
material in the application. The department may reduce or eliminate
royalties in areas prone to flooding. The department may include a provision
in contracts for the removal of rock, gravel, sand, or silt that allows for
payment to be made as the material is sold.
(2) The department
shall actively seek to encourage through permit requirements and adjusted fees
the removal of accumulated materials from rivers and streams where there is a
flood damage reduction benefit. The department shall develop policies to
accomplish this goal.
Sec. 14. RCW 85.38.200 and 1986 c
278 s 8 are each amended to read as follows:
(1) Territory that is
((contiguously located)) adjoining or in close proximity to a
special district may be annexed by the special district as provided in this
section under the petition and election, resolution and election, or direct
petition method of annexation.
(2) An annexation under
the election method may be initiated by the filing of a petition requesting the
action that is signed by at least ten owners of property in the area proposed
to be annexed or the adoption of a resolution requesting such action by the
governing body of the special district. The petitions shall be filed with the
governing body of the special district that is requested to annex the
territory. An election to authorize an annexation initiated under the petition
and election method may be held only if the governing body approves the
annexation. An annexation under either election method shall be authorized if
the voters of the area proposed to be annexed approve a ballot proposition
favoring the annexation by a simple majority vote. The annexation shall be
effective when results of an election so favoring the annexation are certified
by the county auditor or auditors. The election, notice of the election, and
eligibility to vote at the election shall be as provided for the creation of a
special district.
(3) An annexation under
the direct petition method of annexation may be accomplished if the owners of a
majority of the acreage proposed to be annexed sign a petition requesting the
annexation, and the governing body of the special district approves the
annexation. The petition shall be filed with the governing body of the special
district. The annexation shall be effective when the governing body approves
the annexation.
(4) Whenever a special
district annexes territory under this section, the exclusive method by which
the special district measures and imposes special assessments upon real
property within the entire enlarged area shall be as set forth in RCW 85.38.150
through 85.38.170.
Sec. 15. RCW 86.15.030 and 1969
ex.s. c 195 s 2 are each amended to read as follows:
Upon receipt of a
petition asking that a zone be created, or upon motion of the board, the board
shall adopt a resolution which shall describe the boundaries of such proposed
zone; describe in general terms the flood control needs or requirements within
the zone; set a date for public hearing upon the creation of such zone, which
shall be not more than thirty days after the adoption of such resolution.
Notice of such hearing and publication shall be had in the manner provided in
RCW 36.32.120(7).
At the hearing
scheduled upon the resolution, the board shall permit all interested parties to
be heard. Thereafter, the board may reject the resolution or it may modify the
boundaries of such zone and make such other corrections or additions to the
resolutions as they deem necessary to the accomplishment of the purpose of this
chapter: PROVIDED, That if the boundaries of such zone are enlarged, the board
shall hold an additional hearing following publication and notice of such new
boundaries: PROVIDED FURTHER, That the boundaries of any zone shall generally
follow the boundaries of the watershed area affected: PROVIDED FURTHER, That
the immediately preceding proviso shall in no way limit or be construed to
prohibit the formation of a county-wide flood control zone district
authorized to be created by RCW 86.15.025.
Within ((ten)) thirty
days after final hearing on a resolution, the board shall issue its ((order))
ordinance creating the flood control zone district.
Sec. 16. RCW 86.15.050 and 1961 c
153 s 5 are each amended to read as follows:
The board ((of
county commissioners of each county)) shall be ex officio, by virtue of
their office, supervisors of the zones created in each county. The
supervisors of the district shall conduct the business of the flood control
zone district according to the regular rules and procedures that it adopts.
Sec. 17. RCW 86.15.160 and 1986 c
278 s 60 are each amended to read as follows:
For the purposes of
this chapter the supervisors may authorize:
(1) An annual excess ad
valorem tax levy within any zone or participating zones when authorized by the
voters of the zone or participating zones under RCW 84.52.052 and 84.52.054;
(2) An assessment upon
property, including state property, specially benefited by flood control
improvements or storm water control improvements imposed under chapter 86.09
RCW;
(3) Within any zone or
participating zones an annual ad valorem property tax levy of not to exceed
fifty cents per thousand dollars of assessed value when the levy will not take
dollar rates that other taxing districts may lawfully claim and that will not
cause the combined levies to exceed the constitutional and/or statutory
limitations, and the additional levy, or any portion thereof, may also be made
when dollar rates of other taxing units is released therefor by agreement with
the other taxing units from their authorized levies under chapter 39.67 RCW;
(4) A charge, under RCW
36.89.080 through 36.89.100, for the furnishing of service to those who
are receiving or will receive benefits from storm water control facilities ((and))
or who are contributing to an increase in surface water runoff. Except
as otherwise provided in RCW 90.03.525, any public entity and public property,
including the state and state property, shall be liable for the charges to the
same extent a private person and privately owned property is liable for the
charges, and in setting these rates and charges, consideration may be made of
in-kind services, such as stream improvements or donation of property;
(5) The creation of
local improvement districts and utility local improvement districts, the
issuance of improvement district bonds and warrants, and the imposition,
collection, and enforcement of special assessments on all property, including
any state-owned or other publicly-owned property, specially benefited from
improvements in the same manner as provided for counties by chapter 36.94 RCW.
Sec. 18. RCW 86.26.105 and 1986 c
46 s 5 are each amended to read as follows:
((A comprehensive
flood control management plan shall determine the need for flood control work,
consider alternatives to in-stream flood control work, identify and consider
potential impacts of in-stream flood control work on the state's in-stream
resources, and identify the river's meander belt or floodway.)) A comprehensive
flood control management plan shall be completed and adopted ((within at
least three years of the certification that it is being prepared, as provided
in RCW 86.26.050)) by any county that has experienced at least two
presidentially declared flood disasters within the most recent ten-year period
by December 31, 1999, or within two years of a second presidentially declared
flood disaster.
If ((after this
three-year period has elapsed)), by December 31, 1999, or by the end of
the two-year period following a second presidentially declared flood disaster
such a comprehensive flood control plan has not been completed and adopted,
grants for flood control maintenance projects shall not be made to the county
or municipal corporations in the county until a comprehensive flood control
plan is completed and adopted by the appropriate local authority. These
limitations on grants shall not preclude allocations for emergency purposes
made pursuant to RCW 86.26.060, however priority consideration for emergency
assistance shall be given to those counties required to plan under this section
who have completed their plans.
Sec. 19. RCW 90.58.180 and 1994 c
253 s 3 are each amended to read as follows:
(1) Any person
aggrieved by the granting, denying, or rescinding of a permit on shorelines of
the state pursuant to RCW 90.58.140 may seek review from the shorelines
hearings board by filing a request for the same within thirty days of the date
of filing as defined in RCW 90.58.140(6).
Concurrently with the
filing of any request for review with the board as provided in this section
pertaining to a final order of a local government, the requestor shall file a
copy of his or her request with the department and the attorney general. If it
appears to the department or the attorney general that the requestor has valid
reasons to seek review, either the department or the attorney general may
certify the request within thirty days after its receipt to the shorelines
hearings board following which the board shall then, but not otherwise, review
the matter covered by the requestor. The failure to obtain such certification
shall not preclude the requestor from obtaining a review in the superior court
under any right to review otherwise available to the requestor. The department
and the attorney general may intervene to protect the public interest and
insure that the provisions of this chapter are complied with at any time within
fifteen days from the date of the receipt by the department or the attorney
general of a copy of the request for review filed pursuant to this section.
The shorelines hearings board shall initially schedule review proceedings on
such requests for review without regard as to whether such requests have or
have not been certified or as to whether the period for the department or the
attorney general to intervene has or has not expired, unless such review is to
begin within thirty days of such scheduling. If at the end of the thirty day
period for certification neither the department nor the attorney general has
certified a request for review, the hearings board shall remove the request
from its review schedule.
(2) The department or
the attorney general may obtain review of any final order granting a permit, or
granting or denying an application for a permit issued by a local government by
filing a written request with the shorelines hearings board and the appropriate
local government within thirty days from the date the final order was filed as
provided in RCW 90.58.140(6).
(3) The review
proceedings authorized in subsections (1) and (2) of this section are subject
to the provisions of chapter 34.05 RCW pertaining to procedures in adjudicative
proceedings. Judicial review of such proceedings of the shorelines hearings
board is governed by chapter 34.05 RCW.
(4) If the review
proceedings authorized in subsection (1) of this section find for the
requestor, and if the requestor is the permit applicant, the requestor may be
awarded any legal and engineering costs involved in challenging the permit
decision.
(5) A local
government may appeal to the shorelines hearings board any rules, regulations,
or guidelines adopted or approved by the department within thirty days of the
date of the adoption or approval. The board shall make a final decision within
sixty days following the hearing held thereon.
If the board determines
that the rule, regulation, or guideline:
(a) Is clearly
erroneous in light of the policy of this chapter; or
(b) Constitutes an
implementation of this chapter in violation of constitutional or statutory
provisions; or
(c) Is arbitrary and
capricious; or
(d) Was developed
without fully considering and evaluating all material submitted to the
department by the local government; or
(e) Was not adopted in
accordance with required procedures;
the board shall enter a
final decision declaring the rule, regulation, or guideline invalid, remanding
the rule, regulation, or guideline to the department with a statement of the
reasons in support of the determination, and directing the department to adopt,
after a thorough consultation with the affected local government, a new rule,
regulation, or guideline. Unless the board makes one or more of the
determinations as hereinbefore provided, the board shall find the rule,
regulation, or guideline to be valid and enter a final decision to that effect.
(((5))) (6)
Rules, regulations, and guidelines shall be subject to review in superior
court, if authorized pursuant to RCW 34.05.570(2). No review shall be granted
by a superior court on petition from a local government unless the local
government shall first have obtained review under subsection (((4))) (5)
of this section and the petition for court review is filed within three months
after the date of final decision by the shorelines hearings board.
NEW SECTION. Sec.
20. A new section is added
to chapter 43.17 RCW to read as follows:
Each appropriate agency
shall actively seek to encourage through permit requirements the removal of
accumulated materials from rivers and streams where there is a measurable flood
damage reduction benefit. Each agency shall develop policies to accomplish this
goal. Policies should consider the benefits of a designed, open-channel
hydraulic engineering criteria to facilitate the natural downstream movement of
detrimental material.
Sec. 21. RCW 86.12.200 and 1991 c
322 s 3 are each amended to read as follows:
The county legislative
authority of any county may adopt a comprehensive flood control management plan
for any drainage basin that is located wholly or partially within the county.
A comprehensive flood
control management plan shall include the following elements:
(1) Designation of
areas that are susceptible to periodic flooding, from inundation by bodies of
water or surface water runoff, or both, including the river's meander belt or
floodway;
(2) Establishment of a
comprehensive scheme of flood control protection and improvements for the areas
that are subject to such periodic flooding, that includes: (a) Determining the
need for, and desirable location of, flood control improvements to protect or
preclude flood damage to structures, works, and improvements, based upon a ((cost/benefit))
cost-benefit ratio between the expense of providing and maintaining
these improvements and the benefits arising from these improvements; (b)
establishing the level of flood protection that each portion of the system of
flood control improvements will be permitted; (c) identifying and
considering alternatives to in-stream flood control work; (d) the impact
of in-stream flood control work on the state's in-stream resources; (e)
identifying areas where flood waters could be directed during a flood to avoid
damage to buildings and other structures; ((and (e))) (f) identifying
areas where a river may migrate into a new channel and developing options to
prevent the creation of the new channel; (g) identifying practices that will
avoid long-term accretion of sediments; and (h) identifying sources of
revenue that will be sufficient to finance the comprehensive scheme of flood
control protection and improvements;
(3) Establishing land
use regulations that preclude the location of structures, works, or
improvements in critical portions of such areas subject to periodic flooding,
including a river's meander belt or floodway, and permitting only
flood-compatible land uses in such areas;
(4) Establishing
restrictions on construction activities in areas subject to periodic floods
that require the flood proofing of those structures that are permitted to be
constructed or remodeled; and
(5) Establishing
restrictions on land clearing activities and development practices that
exacerbate flood problems by increasing the flow or accumulation of flood
waters, or the intensity of drainage, on low-lying areas. Land clearing
activities do not include forest practices as defined in chapter 76.09 RCW.
A comprehensive flood
control management plan shall be subject to the minimum requirements for
participation in the national flood insurance program, requirements exceeding
the minimum national flood insurance program that have been adopted by the
department of ecology for a specific flood plain pursuant to RCW 86.16.031, and
rules adopted by the department of ecology pursuant to chapter 86.16 RCW
and RCW 86.26.050 relating to flood plain management activities. When a
county plans under chapter 36.70A RCW, it ((may)) must
incorporate the portion of its comprehensive flood control management plan
relating to land use restrictions in its comprehensive plan and development
regulations adopted pursuant to chapter 36.70A RCW.
Sec. 22. RCW 90.58.030 and 1987 c
474 s 1 are each amended to read as follows:
As used in this
chapter, unless the context otherwise requires, the following definitions and
concepts apply:
(1) Administration:
(a)
"Department" means the department of ecology;
(b) "Director"
means the director of the department of ecology;
(c) "Local
government" means any county, incorporated city, or town which contains
within its boundaries any lands or waters subject to this chapter;
(d) "Person"
means an individual, partnership, corporation, association, organization,
cooperative, public or municipal corporation, or agency of the state or local
governmental unit however designated;
(e) "Hearing
board" means the shoreline hearings board established by this chapter.
(2) Geographical:
(a) "Extreme low
tide" means the lowest line on the land reached by a receding tide;
(b) "Ordinary high
water mark" on all lakes, streams, and tidal water is that mark that will
be found by examining the bed and banks and ascertaining where the presence and
action of waters are so common and usual, and so long continued in all ordinary
years, as to mark upon the soil a character distinct from that of the abutting
upland, in respect to vegetation as that condition exists on June 1, 1971, as
it may naturally change thereafter, or as it may change thereafter in
accordance with permits issued by a local government or the department:
PROVIDED, That in any area where the ordinary high water mark cannot be found,
the ordinary high water mark adjoining salt water shall be the line of mean
higher high tide and the ordinary high water mark adjoining fresh water shall
be the line of mean high water;
(c) "Shorelines of
the state" are the total of all "shorelines" and
"shorelines of state-wide significance" within the state;
(d)
"Shorelines" means all of the water areas of the state, including
reservoirs, and their associated wetlands, together with the lands underlying
them; except (i) shorelines of state-wide significance; (ii) shorelines on
segments of streams upstream of a point where the mean annual flow is twenty
cubic feet per second or less and the wetlands associated with such upstream
segments; and (iii) shorelines on lakes less than twenty acres in size and
wetlands associated with such small lakes;
(e) "Shorelines of
state-wide significance" means the following shorelines of the state:
(i) The area between
the ordinary high water mark and the western boundary of the state from Cape
Disappointment on the south to Cape Flattery on the north, including harbors,
bays, estuaries, and inlets;
(ii) Those areas of
Puget Sound and adjacent salt waters and the Strait of Juan de Fuca between the
ordinary high water mark and the line of extreme low tide as follows:
(A) Nisqually Delta‑-from
DeWolf Bight to Tatsolo Point,
(B) Birch Bay‑-from
Point Whitehorn to Birch Point,
(C) Hood Canal‑-from
Tala Point to Foulweather Bluff,
(D) Skagit Bay and
adjacent area‑-from Brown Point to Yokeko Point, and
(E) Padilla Bay‑-from
March Point to William Point;
(iii) Those areas of
Puget Sound and the Strait of Juan de Fuca and adjacent salt waters north to
the Canadian line and lying seaward from the line of extreme low tide;
(iv) Those lakes,
whether natural, artificial, or a combination thereof, with a surface acreage
of one thousand acres or more measured at the ordinary high water mark;
(v) Those natural
rivers or segments thereof as follows:
(A) Any west of the
crest of the Cascade range downstream of a point where the mean annual flow is
measured at one thousand cubic feet per second or more,
(B) Any east of the
crest of the Cascade range downstream of a point where the annual flow is
measured at two hundred cubic feet per second or more, or those portions of
rivers east of the crest of the Cascade range downstream from the first three
hundred square miles of drainage area, whichever is longer;
(vi) Those wetlands
associated with (i), (ii), (iv), and (v) of this subsection (2)(e);
(f)
"Wetlands" or "wetland areas" means those lands extending
landward for two hundred feet in all directions as measured on a horizontal
plane from the ordinary high water mark; floodways and contiguous flood plain
areas landward two hundred feet from such floodways; and all marshes, bogs,
swamps, and river deltas associated with the streams, lakes, and tidal waters
which are subject to the provisions of this chapter; the same to be designated
as to location by the department of ecology((: PROVIDED, That)).
However, any county or city may determine that portion of a one-hundred-year-flood
plain to be included in its master program as long as such portion includes, as
a minimum, the floodway and the adjacent land extending landward two hundred
feet ((therefrom));
(g)
"Floodway" means those portions of the area of a river valley lying
streamward from the outer limits of a watercourse upon which flood waters are
carried during periods of flooding that occur with reasonable regularity,
although not necessarily annually, said floodway being identified, under normal
condition, by changes in surface soil conditions or changes in types or quality
of vegetative ground cover condition. The floodway shall not include those
lands that can reasonably be expected to be protected from flood waters by
flood control devices maintained by or maintained under license from the
federal government, the state, or a political subdivision of the state.
(3) Procedural terms:
(a)
"Guidelines" means those standards adopted to implement the policy of
this chapter for regulation of use of the shorelines of the state prior to
adoption of master programs. Such standards shall also provide criteria to
local governments and the department in developing master programs;
(b) "Master
program" shall mean the comprehensive use plan for a described area, and
the use regulations together with maps, diagrams, charts, or other descriptive
material and text, a statement of desired goals, and standards developed in
accordance with the policies enunciated in RCW 90.58.020;
(c) "State master
program" is the cumulative total of all master programs approved or
adopted by the department of ecology;
(d)
"Development" means a use consisting of the construction or exterior
alteration of structures; dredging; drilling; dumping; filling; removal 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 this chapter at any state of water level;
(e) "Substantial
development" shall mean any development of which the total cost or fair
market value exceeds two thousand five hundred dollars, or any development
which materially interferes with the normal public use of the water or
shorelines of the state; except that the following shall not be considered
substantial developments for the purpose of this chapter:
(i) Normal maintenance
or repair of existing structures or developments, including damage by accident,
fire, or elements;
(ii) Improvements to
dikes and levees if the improvement is determined by a county to be consistent
with a comprehensive flood control management plan developed under chapter
86.26 RCW;
(iii)
Construction of the normal protective bulkhead common to single family
residences;
(((iii))) (iv)
Emergency construction necessary to protect property from damage by the
elements;
(((iv))) (v)
Construction and practices normal or necessary for farming, irrigation, and
ranching activities, including agricultural service roads and utilities on
wetlands, and the construction and maintenance of irrigation structures
including but not limited to head gates, pumping facilities, and irrigation
channels: PROVIDED, That a feedlot of any size, all processing plants, other
activities of a commercial nature, alteration of the contour of the wetlands by
leveling or filling other than that which results from normal cultivation,
shall not be considered normal or necessary farming or ranching activities. A feedlot
shall be an enclosure or facility used or capable of being used for feeding
livestock hay, grain, silage, or other livestock feed, but shall not include
land for growing crops or vegetation for livestock feeding and/or grazing, nor
shall it include normal livestock wintering operations;
(((v))) (vi)
Construction or modification of navigational aids such as channel markers and
anchor buoys;
(((vi))) (vii)
Construction on wetlands by an owner, lessee, or contract purchaser of a single
family residence for his own use or for the use of his family, which residence
does not exceed a height of thirty-five feet above average grade level and
which meets all requirements of the state agency or local government having
jurisdiction thereof, other than requirements imposed pursuant to this chapter;
(((vii))) (viii)
Construction of a dock, including a community dock, designed for pleasure craft
only, for the private noncommercial use of the owner, lessee, or contract
purchaser of single and multiple family residences, the cost of which does not
exceed two thousand five hundred dollars;
(((viii))) (ix)
Operation, maintenance, or construction of canals, waterways, drains,
reservoirs, or other facilities that now exist or are hereafter created or
developed as a part of an irrigation system for the primary purpose of making
use of system waters, including return flow and artificially stored ground
water for the irrigation of lands;
(((ix))) (x)
The marking of property lines or corners on state owned lands, when such
marking does not significantly interfere with normal public use of the surface
of the water;
(((x))) (xi)
Operation and maintenance of any system of dikes, ditches, drains, or other
facilities existing on September 8, 1975, which were created, developed, or
utilized primarily as a part of an agricultural drainage or diking system;
(((xi))) (xii)
Any action commenced prior to December 31, 1982, pertaining to (A) the
restoration of interim transportation services as may be necessary as a
consequence of the destruction of the Hood Canal bridge, including, but not
limited to, improvements to highways, development of park and ride facilities,
and development of ferry terminal facilities until a new or reconstructed Hood
Canal bridge is open to traffic; and (B) the reconstruction of a permanent
bridge at the site of the original Hood Canal bridge.
Sec. 23. RCW 47.28.140 and 1991 c
322 s 29 are each amended to read as follows:
When in the opinion of
the governing authorities representing the department and any agency,
instrumentality, municipal corporation, or political subdivision of the state
of Washington, any highway, road, or street will be benefited or improved by
constructing, reconstructing, locating, relocating, laying out, repairing,
surveying, altering, improving, or maintaining, or by the establishment
adjacent to, under, upon, within, or above any portion of any such highway,
road, or street of an urban public transportation system, by either the
department or any agency, instrumentality, municipal corporation, or political
subdivision of the state, and it is in the public interest to do so, the
authorities may enter into cooperative agreements wherein either agrees to
perform the work and furnish the materials necessary and pay the cost thereof,
including necessary engineering assistance, which costs and expenses shall be
reimbursed by the party whose responsibility it was to do or perform the work
or improvement in the first instance. The work may be done by either day labor
or contract, and the cooperative agreement between the parties shall provide
for the method of reimbursement. In the case of some special benefit or
improvement to a state highway derived from ((any project that assists in
preventing or minimizing flood damages as defined in RCW 86.16.120 or from))
the construction of any public works project, including any urban public
transportation system, the department may contribute to the cost thereof by
making direct payment to the particular state department, agency,
instrumentality, municipal corporation, or political subdivision on the basis
of benefits received, but such payment shall be made only after a cooperative
agreement has been entered into for a specified amount or on an actual cost
basis prior to the commencement of the particular public works project.
In the case of a
special benefit or improvement to a state highway derived from a project that
assists in preventing or reducing flood damages as defined in RCW 86.16.120,
the department shall contribute to the cost of the benefit or improvement by
making direct payment to the particular state department, agency,
instrumentality, municipal corporation, or political subdivision on the basis
of contribution to the problem or benefits received. The department may make
payment only after an agreement has been entered into between the department
and the appropriate state or local government entity. The department shall
contribute costs on the basis of benefits received.
NEW SECTION. Sec.
24. A new section is added
to chapter 86.26 RCW to read as follows:
A flood protection
project is work necessary to preserve, restore, or improve either natural or
human-made stream banks or flood control facilities that repair or prevent flood
damage as defined in RCW 86.16.120 including but not limited to damage by
erosion, stream flow, sheet runoff, or other damages by the sea or other bodies
of water.
NEW SECTION. Sec.
25. The department of
transportation shall provide to the respective counties an inventory of all
state highways and bridges, that are located in federal emergency management
agency-designated flood plains, and are located within each county with two or
more presidentially declared flood disasters within the most recent ten-year
period. The department of transportation shall provide any available flood
plain information to assist the counties as they prepare the county
comprehensive flood control management plan. The department shall provide
input and cooperate with the counties in identifying any state roads or bridges
that may cause a constriction to the natural flow of flood waters. The
department shall also assist the counties in identifying state roads that,
either by themselves or in conjunction with levees or other structures in the
flood plain, may potentially entrap floodwaters in areas originally intended to
be floodproofed. The county comprehensive flood control management plan should
identify flooding events that pose a serious threat to critical transportation
facilities in the form of damage to a roadway or to a bridge, or closure to the
roadway or bridge during times of a flooding emergency.
NEW SECTION. Sec.
26. A new section is added
to chapter 75.20 RCW to read as follows:
By December 31, 1996,
the departments of fish and wildlife, natural resources, and ecology shall
jointly develop a memorandum of understanding to facilitate the consideration
of projects that will aid in the minimization or prevention of flood damage as
defined in RCW 86.16.120. To reduce the duplication of information required by
a project's permits, the departments must provide in their memorandum
procedures to share data to the extent practicable among themselves and with
other agencies that may be involved in approving or denying a permit
application. The departments' memorandum must provide a plan to implement a
comprehensive permit process that is streamlined and easily understandable to
permit applicants.
NEW SECTION. Sec.
27. RCW 79.90.325 and 1984 c
212 s 10 are each repealed.
NEW SECTION. Sec.
28. If specific funding for
the purposes of this act, referencing this act by bill number, is not provided
by June 30, 1995, in the omnibus appropriations act, this act is null and void.
NEW
SECTION. Sec. 29. This act is necessary for
the immediate preservation of the public peace, health, or safety, or support
of the state government and its existing public institutions, and shall take
effect immediately.
