AN ACT
Relating to the integration of water resources and growth management; amending
RCW 35.44.020, 43.21B.160, 43.21B.170, 43.21B.190, 34.05.518, 34.05.522,
75.20.140, and 90.58.030; reenacting and amending RCW 36.70A.030; adding a new
section to chapter 90.58 RCW; adding new sections to chapter 36.70A RCW; and
repealing RCW 43.21B.140 and 43.21B.150.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
Sec. 1. RCW 35.44.020 and 1987 c 242 s
4 are each amended to read as follows:
There
shall be included in the cost and expense of every local improvement for
assessment against the property in the district created to pay the same, or any
part thereof:
(1)
The cost of all of the construction or improvement authorized for the district
including, but not limited to, that portion of the improvement within the
street intersections;
(2)
The estimated cost and expense of all engineering and surveying necessary for
the improvement done under the supervision of the city or town engineer;
(3)
The estimated cost and expense of ascertaining the ownership of the lots or
parcels of land included in the assessment district;
(4)
The estimated cost and expense of advertising, mailing, and publishing all
necessary notices;
(5)
The estimated cost and expense of accounting, clerical labor, and of books and
blanks extended or used on the part of the city or town clerk and city or town
treasurer in connection with the improvement;
(6)
All cost of the acquisition of rights of way, property, easements, or other
facilities or rights, including without limitation rights to use property,
facilities, or other improvements appurtenant, related to, and/or useful in
connection with the local improvement, whether by eminent domain, purchase,
gift, payment of connection charges, capacity charges, or other similar
charges or in any other manner;
(7)
The cost for legal, financial, and appraisal services and any other expenses
incurred by the city, town, or public corporation for the district or in the
formation thereof, or by the city, town, or public corporation in connection
with such construction or improvement and in the financing thereof, including
the issuance of any bonds and the cost of providing for increases in the local
improvement guaranty fund, or providing for a separate reserve fund or other
security for the payment of principal of and interest on such bonds.
Any of
the costs set forth in this section may be excluded from the cost and expense
to be assessed against the property in such local improvement district and may
be paid from any other moneys available therefor if the legislative body of the
city or town so designates by ordinance at any time.
Sec.
2. RCW
43.21B.160 and 1990 c 65 s 5 are each amended to read as follows:
In all
appeals ((involving a formal hearing)), the hearings board shall have
all powers relating to administration of oaths, issuance of subpoenas, and
taking of depositions as are granted to agencies in chapter 34.05 RCW, the
Administrative Procedure Act. The hearings board, and each member thereof,
shall be subject to all duties imposed upon, and shall have all powers granted
to, an agency by those provisions of chapter 34.05 RCW relating to adjudicative
proceedings. In the case of appeals within the jurisdiction of the hearings
board, the hearings board, or any member thereof, may obtain such assistance,
including the making of field investigations, from the staff of the director as
the hearings board, or any member thereof, may deem necessary or appropriate.
Any communication, oral or written, from the staff of the director to the
hearings board shall be presented only in an open hearing.
Sec.
3. RCW
43.21B.170 and 1970 ex.s. c 62 s 47 are each amended to read as follows:
All
proceedings((, including both formal and informal hearings,)) before the
hearings board or any of its members shall be conducted in accordance with such
rules of practice and procedure as the hearings board may prescribe. The
hearings board shall publish such rules and arrange for the reasonable
distribution thereof.
Sec.
4. RCW
43.21B.190 and 1994 c 253 s 7 are each amended to read as follows:
Within
thirty days after the final decision and order of the hearings board upon such
an appeal has been communicated to the interested parties, such interested
party aggrieved by the decision and order of the hearings board may appeal to
the superior court. ((In all appeals involving a decision or an order of
the hearings board after an informal hearing, the petition shall be filed in
the superior court for the county of the petitioner's residence or principal
place of business, or in the absence of a residence or principal place of
business, for Thurston county. Such appeal may be perfected by filing with the
clerk of the superior court a notice of appeal, and by serving a copy thereof
by mail, or personally on the director, the air pollution control boards or
authorities, established pursuant to chapter 70.94 RCW or on the board as the
case may be. The hearings board shall serve upon the appealing party, the
director, the air pollution control board or authorities established pursuant
to chapter 70.94 RCW, or the board, as the case may be, and on any other party
appearing at the hearings board's proceeding, and file with the clerk of the
court before trial, a certified copy of the hearings board's decision and
order. Appellate review of a decision of the superior court may be sought as
in other civil cases. No bond shall be required on appeals to the superior
court or on review by the supreme court unless specifically required by the
judge of the superior court.))
Sec.
5. RCW
34.05.518 and 1988 c 288 s 503 are each amended to read as follows:
(1)
The final decision of an administrative agency in an adjudicative proceeding
under this chapter may be directly reviewed by the court of appeals either
(a) upon certification by the superior court pursuant to this section or
(b) if the final decision is from an environmental board as defined in
subsection (3) of this section, upon acceptance by the court of appeals after a
certificate of appealability has been filed by the environmental board that
rendered the final decision.
(2)
For direct review upon certification by the superior court, an application
for direct review must be filed with the superior court within thirty days of
the filing of the petition for review in superior court. The superior court
may certify a case for direct review only if the judicial review is limited to
the record of the agency proceeding and the court finds that:
(((1)))
(a) Fundamental and urgent issues affecting the future administrative
process or the public interest are involved which require a prompt
determination;
(((2)))
(b) Delay in obtaining a final and prompt determination of such issues
would be detrimental to any party or the public interest;
(((3)))
(c) An appeal to the court of appeals would be likely regardless of the
determination in superior court; and
(((4)))
(d) The appellate court's determination in the proceeding would have
significant precedential value.
Procedures
for certification shall be established by court rule.
(3)(a)
For the purposes of direct review of final decisions of environmental boards,
environmental boards include those boards identified in RCW 43.21B.005 and
growth management hearings boards as identified in RCW 36.70A.250.
(b)
An environmental board may issue a certificate of appealability if it finds
that delay in obtaining a final and prompt determination of the issues would be
detrimental to any party or the public interest and either:
(i)
Fundamental and urgent state-wide or regional issues are raised; or
(ii)
The proceeding is likely to have significant precedential value.
(4)
The environmental board shall state in the certificate of appealability which
criteria it applied, explain how that criteria was met, and file with the
certificate a copy of the final decision.
(5)
For an appellate court to accept direct review of a final decision of an
environmental board, it shall consider the same criteria outlined in subsection
(3) of this section.
(6)
The procedures for direct review of final decisions of environmental boards
include:
(a)
Within thirty days after filing the petition for review with the superior
court, a party may file an application for direct review with the superior
court and serve the appropriate environmental board and all parties of record.
The application shall request the environmental board to file a certificate of
appealability.
(b)
If an issue on review is the jurisdiction of the environmental board, the board
may file an application for direct review on that issue.
(c)
The environmental board shall have thirty days to grant or deny the request for
a certificate of appealability and its decision shall be filed with the
superior court and served on all parties of record.
(d)
If a certificate of appealability is issued, the parties shall have fifteen
days from the date of service to file a notice of discretionary review in the
superior court, and the notice shall include a copy of the certificate of
appealability and a copy of the final decision.
(e)
If the appellate court accepts review, the certificate of appealability shall
be transmitted to the court of appeals as part of the certified record.
(f)
If a certificate of appealability is denied, review shall be by the superior
court. The superior court's decision may be appealed to the court of appeals.
Sec.
6. RCW
34.05.522 and 1988 c 288 s 504 are each amended to read as follows:
The
court of appeals may refuse to accept direct review of a case ((certified))
pursuant to RCW 34.05.518 if it finds that the case does not meet the
applicable standard in RCW 34.05.518(2) or (5). Rules of Appellate Procedure
2.3 do not apply in this instance. The refusal to accept such review is
not subject to further appellate review, notwithstanding anything in Rule 13.3
of the Rules of Appellate Procedure to the contrary.
Sec.
7. RCW
75.20.140 and 1989 c 175 s 161 are each amended to read as follows:
(1) ((In
all appeals over which the hydraulic appeals board has jurisdiction, a party
taking an appeal may elect either a formal or informal hearing. Such election
shall be made according to the rules of practice and procedure to be adopted by
the hydraulic appeals board. In the event that appeals are taken from the same
decision, order, or determination, by different parties and only one of such
parties elects a formal hearing, a formal hearing shall be granted.
(2))) In all
appeals, the hydraulic appeals board shall have all powers relating to
administration of oaths, issuance of subpoenas, and taking of depositions, but
such powers shall be exercised in conformity with chapter 34.05 RCW.
(((3)))
(2) In all appeals ((involving a formal hearing)), the hydraulic
appeals board, and each member thereof, shall be subject to all duties imposed
upon and shall have all powers granted to, an agency by those provisions of
chapter 34.05 RCW relating to adjudicative proceedings.
(((4)))
(3) All proceedings((, including both formal and informal hearings,))
before the hydraulic appeals board or any of its members shall be conducted in
accordance with such rules of practice and procedure as the board may
prescribe. Such rules shall be published and distributed.
(((5)))
(4) Judicial review of a decision of the hydraulic appeals board ((shall
be de novo except when the decision has been rendered pursuant to the formal
hearing, in which event judicial review)) may be obtained only pursuant to
RCW 34.05.510 through 34.05.598.
NEW
SECTION. Sec. 8. The
following acts or parts of acts are each repealed:
(1) RCW
43.21B.140 and 1987 c 109 s 30 & 1970 ex.s. c 62 s 44; and
(2) RCW
43.21B.150 and 1990 c 65 s 4, 1974 ex.s. c 69 s 2, & 1970 ex.s. c 62 s 45.
Sec.
9. RCW
36.70A.030 and 1994 c 307 s 2 and 1994 c 257 s 5 are each reenacted and amended
to read as follows:
Unless
the context clearly requires otherwise, the definitions in this section apply
throughout this chapter.
(1)
"Adopt a comprehensive land use plan" means to enact a new
comprehensive land use plan or to update an existing comprehensive land use
plan.
(2)
"Agricultural land" means land primarily devoted to the commercial
production of horticultural, viticultural, floricultural, dairy, apiary,
vegetable, or animal products or of berries, grain, hay, straw, turf, seed,
Christmas trees not subject to the excise tax imposed by RCW 84.33.100 through
84.33.140, finfish in upland hatcheries, or livestock, and that has long-term
commercial significance for agricultural production.
(3)
"City" means any city or town, including a code city.
(4)
"Comprehensive land use plan," "comprehensive plan," or
"plan" means a generalized coordinated land use policy statement of
the governing body of a county or city that is adopted pursuant to this
chapter.
(5)
"Critical areas" include the following areas and ecosystems: (a)
Wetlands; (b) areas with a critical recharging effect on aquifers used for
potable water; (c) fish and wildlife habitat conservation areas; (d) frequently
flooded areas; and (e) geologically hazardous areas.
(6)
"Department" means the department of community, trade, and economic
development.
(7) ((For
purposes of RCW 36.70A.065 and 36.70A.440, "development permit
application" means any application for a development proposal for a use
that could be permitted under a plan adopted pursuant to this chapter and is
consistent with the underlying land use and zoning, including but not limited
to building permits, subdivisions, binding site plans, planned unit
developments, conditional uses or other applications pertaining to land uses,
but shall not include rezones, proposed amendments to comprehensive plans or
the adoption or amendment of development regulations.
(8)))
"Development regulations" means ((any)) the controls
placed on development or land use activities by a county or city, including,
but not limited to, zoning ordinances, critical areas ordinances, shoreline
master programs, official controls, planned unit development ordinances,
subdivision ordinances, and binding site plan ordinances together with any
amendments thereto. A development regulation does not include a decision to
approve a project permit application, as defined in section 402, chapter .....
(Engrossed Substitute House Bill No. 1724), Laws of 1995, even though the
decision may be expressed in a resolution or ordinance of the legislative body
of the county or city.
(((9)))
(8) "Forest land" means land primarily devoted to growing
trees for long-term commercial timber production on land that can be
economically and practically managed for such production, including Christmas
trees subject to the excise tax imposed under RCW 84.33.100 through 84.33.140,
and that has long-term commercial significance. In determining whether forest
land is primarily devoted to growing trees for long-term commercial timber
production on land that can be economically and practically managed for such
production, the following factors shall be considered: (a) The proximity of
the land to urban, suburban, and rural settlements; (b) surrounding parcel size
and the compatibility and intensity of adjacent and nearby land uses; (c)
long-term local economic conditions that affect the ability to manage for
timber production; and (d) the availability of public facilities and services
conducive to conversion of forest land to other uses.
(((10)))
(9) "Geologically hazardous areas" means areas that because
of their susceptibility to erosion, sliding, earthquake, or other geological
events, are not suited to the siting of commercial, residential, or industrial
development consistent with public health or safety concerns.
(((11)))
(10) "Long-term commercial significance" includes the growing
capacity, productivity, and soil composition of the land for long-term
commercial production, in consideration with the land's proximity to
population areas, and the possibility of more intense uses of the land.
(((12)))
(11) "Minerals" include gravel, sand, and valuable metallic
substances.
(((13)))
(12) "Public facilities" include streets, roads, highways,
sidewalks, street and road lighting systems, traffic signals, domestic water
systems, storm and sanitary sewer systems, parks and recreational facilities,
and schools.
(((14)))
(13) "Public services" include fire protection and
suppression, law enforcement, public health, education, recreation,
environmental protection, and other governmental services.
(((15)))
(14) "Urban growth" refers to growth that makes intensive use
of land for the location of buildings, structures, and impermeable surfaces to
such a degree as to be incompatible with the primary use of such land for the
production of food, other agricultural products, or fiber, or the extraction of
mineral resources. When allowed to spread over wide areas, urban growth
typically requires urban governmental services. "Characterized by urban
growth" refers to land having urban growth located on it, or to land
located in relationship to an area with urban growth on it as to be appropriate
for urban growth.
(((16)))
(15) "Urban growth areas" means those areas designated by a
county pursuant to RCW 36.70A.110.
(((17)))
(16) "Urban governmental services" include those governmental
services historically and typically delivered by cities, and include storm and
sanitary sewer systems, domestic water systems, street cleaning services, fire
and police protection services, public transit services, and other public
utilities associated with urban areas and normally not associated with nonurban
areas.
(((18)))
(17) "Wetland" or "wetlands" means areas that are
inundated or saturated by surface water or ground water at a frequency and duration
sufficient to support, and that under normal circumstances do support, a
prevalence of vegetation typically adapted for life in saturated soil
conditions. Wetlands generally include swamps, marshes, bogs, and similar
areas. Wetlands do not include those artificial wetlands intentionally created
from nonwetland sites, including, but not limited to, irrigation and drainage
ditches, grass-lined swales, canals, detention facilities, wastewater treatment
facilities, farm ponds, and landscape amenities, or those wetlands created
after July 1, 1990, that were unintentionally created as a result of the
construction of a road, street, or highway. ((However,)) Wetlands
may include those artificial wetlands intentionally created from nonwetland
areas created to mitigate conversion of wetlands((, if permitted by the
county or city)).
Sec.
10. 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)) shorelands,
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)) shorelands associated with (i), (ii), (iv),
and (v) of this subsection (2)(e);
(f)
"((Wetlands)) Shorelands" or "((wetland)) shoreland
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 floodplain areas landward two hundred feet from such
floodways; and all ((marshes, bogs, swamps,)) wetlands 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)). 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;
(h)
"Wetlands" means areas that are inundated or saturated by surface
water or ground water at a frequency and duration sufficient to support, and
that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions. Wetlands generally
include swamps, marshes, bogs, and similar areas. Wetlands do not include
those artificial wetlands intentionally created from nonwetland sites,
including, but not limited to, irrigation and drainage ditches, grass-lined
swales, canals, detention facilities, wastewater treatment facilities, farm
ponds, and landscape amenities, or those wetlands created after July 1, 1990,
that were unintentionally created as a result of the construction of a road,
street, or highway. Wetlands may include those artificial wetlands
intentionally created from nonwetland areas to mitigate the conversion of
wetlands.
(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)
Construction of the normal protective bulkhead common to single family
residences;
(iii)
Emergency construction necessary to protect property from damage by the
elements;
(iv)
Construction and practices normal or necessary for farming, irrigation, and
ranching activities, including agricultural service roads and utilities on ((wetlands))
shorelands, 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)) shorelands 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)
Construction or modification of navigational aids such as channel markers and
anchor buoys;
(vi)
Construction on ((wetlands)) shorelands 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)
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)
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)
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)
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)
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)).
NEW
SECTION. Sec. 11. A new
section is added to chapter 90.58 RCW to read as follows:
The
department by rule shall adopt a manual for the delineation of wetlands under
this chapter that implements and is consistent with the 1987 manual in use on
January 1, 1995, by the United States army corps of engineers and the United
States environmental protection agency. If the corps of engineers and the
environmental protection agency adopt changes to or a different manual, the
department shall consider those changes and may adopt rules implementing those
changes.
NEW
SECTION. Sec. 12. A new
section is added to chapter 36.70A RCW to read as follows:
Wetlands
regulated under development regulations adopted pursuant to this chapter shall
be delineated in accordance with the manual adopted by the department pursuant
to section 11 of this act.
NEW
SECTION. Sec. 13. A new
section is added to chapter 36.70A RCW to read as follows:
Nothing
in section 104, chapter ..... (Engrossed Substitute House Bill No. 1724), Laws
of 1995, shall be construed to authorize a county or city to adopt regulations
applicable to shorelands as defined in RCW 90.58.030 that are inconsistent with
the provisions of chapter 90.58 RCW.
