HOUSE BILL ANALYSIS

ESB 5800

Title:An act relating to the shoreline substantial development exemption for docks.

Brief Description:Modifies the exemption for docks from the requirement to obtain a substantial development permit under the Shoreline Management Act.

Sponsor:Senator Hargrove

Hearing Date:March 24, 1997

Background:  State voters adopted the Shoreline Management Act (SMA) in 1971 by approving an alternative measure to Initiative 43.

Under the SMA, every county and city must adopt a shoreline master program for all shoreline areas within its jurisdiction.  A program must be consistent with guidelines adopted by the Department of Ecology.

Development activity on shorelines is allowed only if consistent with the local shoreline master program.  In addition, a shoreline substantial development permit is required for any construction with a fair market value exceeding $2,500 or for any development which materially interferes with the normal public use of the water or shorelines, with some exceptions.

One exception is for the construction of a dock for pleasure craft for private noncommercial use. This exception applies if the fair market value of the dock does not exceed $2,500 (salt water docks), and generally where the fair market value does not exceed $10,000 (fresh water docks).

Summary:  The exception from obtaining a substantial development permit under the SMA for certain docks is modified.  West of the Cascades, the exception applies to docks not exceeding 400 square feet in area and eight feet in width at any point.  East of the Cascades, the exception applies to docks with a fair market value not exceeding $10,000.

Fiscal Note:  Not requested.