BP BHEAD INT H [atlas:bill]

AN ACT Relating to accessory buildings and structures within the flood plain; and amending RCW 86.16.041.

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

Sec. 1. RCW 86.16.041 and 1999 c 9 s 1 are each amended to read as follows:

(1) ((~~Beginning July 26, 1987,~~)) Every county and incorporated city and town shall submit to the department of ecology any new flood plain management ordinance or amendment to any existing flood plain management ordinance. Such ordinance or amendment shall take effect thirty days from filing with the department unless the department disapproves such ordinance or amendment within that time period.

(2) The department may disapprove any ordinance or amendment submitted to it under subsection (1) of this section if it finds that an ordinance or amendment does not comply with any of the following:

(a) Restriction of land uses within designated floodways including the prohibition of construction or reconstruction, repair, or replacement of residential structures, except for: (i) Repairs, reconstruction, or improvements to a structure which do not increase the ground floor area; and (ii) repairs, reconstruction, or improvements to a structure the cost of which does not exceed fifty percent of the market value of the structure either, (A) before the repair, reconstruction, or repair is started, or (B) if the structure has been damaged, and is being restored, before the damage occurred. Work done on structures to comply with existing health, sanitary, or safety codes or to structures identified as historic places shall not be included in the fifty percent determination. However, the floodway prohibition in this subsection does not apply to existing farmhouses in designated floodways that meet the provisions of subsection (3) of this section;

(b) The minimum requirements of the national flood insurance program; and

(c) The minimum state requirements adopted pursuant to RCW 86.16.031(8) that are applicable to the particular county, city, or town.

(3) Repairs, reconstruction, replacement, or improvements to existing farmhouse structures located in designated floodways and which are located on lands designated as agricultural lands of long-term commercial significance under RCW 36.70A.170 shall be permitted subject to the following:

(a) The new farmhouse is a replacement for an existing farmhouse on the same farm site;

(b) There is no potential building site for a replacement farmhouse on the same farm outside the designated floodway;

(c) Repairs, reconstruction, or improvements to a farmhouse shall not increase the total square footage of encroachment of the existing farmhouse;

(d) A replacement farmhouse shall not exceed the total square footage of encroachment of the structure it is replacing;

(e) A farmhouse being replaced shall be removed, in its entirety, including foundation, from the floodway within ninety days after occupancy of a new farmhouse;

(f) For substantial improvements, and replacement farmhouses, the elevation of the lowest floor of the improvement and farmhouse respectively, including basement, is one foot higher than the base flood elevation;

(g) New and replacement water supply systems are designed to eliminate or minimize infiltration of flood waters into the system;

(h) New and replacement sanitary sewerage systems are designed and located to eliminate or minimize infiltration of flood water into the system and discharge from the system into the flood waters; and

(i) All other utilities and connections to public utilities are designed, constructed, and located to eliminate or minimize flood damage.

(4) The department may recommend to the permitting authority to approve the construction, reconstruction, repair, replacement, or relocation within the designated floodway of accessory buildings and structures. The department is authorized to assess the need for the accessory buildings and structures for farm operations, the risk of harm to life and property posed by the specific conditions of the floodway, and any conditions or restrictions on accessory buildings and structures that may eliminate or mitigate any such risks. Based upon these assessments and scientific analysis of depth, velocity, and flood-related erosion, the department may exercise best professional judgment in making recommendations to approve, or approve with conditions, the construction, reconstruction, repair, replacement, or relocation of accessory buildings and structures. The department's recommendation to approve the construction, reconstruction, repair, replacement, or relocation of accessory buildings and structures constitutes a waiver of the floodway prohibition subject to any conditions or restrictions recommended by the department.

(5) Replacement home siting other than farmhouses must evaluate flood depth, flood velocity, and flood-related erosion, in order to identify a building site that offers the least risk of harm to life and property.

((~~(5)~~)) (6) For all other residential structures located in a designated floodway and damaged by flooding or flood-related erosion, the department is authorized to assess the risk of harm to life and property posed by the specific conditions of the floodway, and, based upon scientific analysis of depth, velocity, and flood-related erosion, may exercise best professional judgment in recommending to the permitting authority, repair, replacement, or relocation of such damaged structures. The ((~~effect of the~~)) department's recommendation to ((~~allow~~)) approve repair or replacement of a flood-damaged residence within the designated floodway ((is)) constitutes a waiver of the floodway prohibition.

((~~(6)~~)) (7) The department shall develop a rule or rule amendment guiding the assessment procedures and criteria described in subsections (3), ((~~(4)~~)) (5), and ((~~(5)~~)) (6) of this section no later than December 31, 1999. The department shall develop a rule or rule amendment guiding the assessment procedures and criteria described in subsection (4) of this section no later than December 31, 2000.

((~~(7)~~)) (8) For the purposes of this section((,)):

(a) "Farmhouse" means a single-family dwelling ((~~locating [located]~~)) located on a farm site where resulting agricultural products are not produced for the primary consumption or use by the occupants and the farm owner; and

(b) "Accessory building or structure" means a farm building or structure other than a farmhouse that is: (i) Located on a farm site designated as agricultural land of long-term commercial significance under RCW 36.70A.170; and (ii) necessary for the production on the farm of agricultural products that are not produced for the primary consumption or use by the occupants and the farm owner.