Washington State House of Representatives Office of Program Research	BILL ANALYSIS
Local Government & Housing Committee

HB 1656

Brief Description:  Requiring legislative approval of shoreline guidelines.

Sponsors:  Representatives Mulliken, Hatfield, G. Chandler, Grant, Sump, Mielke, Schoesler, Buck, Eickmeyer, Kessler, Schindler, Van Luven and Dunn.

Brief Summary of Bill

$Requires legislative approval of the shoreline master program guidelines adopted by the Department of Ecology.

$Specifies the 24-month period for local governments to develop or amend local master programs begins after legislative approval of the guidelines is granted.

Hearing Date:  2/14/01

Staff:  Caroleen Dineen (786‑7156).

Background: 

The Shoreline Management Act (SMA) governs all ?shorelines of the state,@ including both "shorelines" and "shorelines of state-wide significance." Shorelines include all water areas, including reservoirs, and their associated ?shorelands@ except: (1) shorelines of statewide significance [separately defined to include specific shoreline areas identified in statute];  (2) shorelines on segments of streams upstream of a point at which the mean annual flow is less than or equal to 20 cubic feet per second (cfs); and (3) shorelines on lakes fewer than 20 acres in size.   Shorelands include the lands extending landward 200 feet in all directions from the ordinary high water mark as well as floodways and contiguous floodplain areas landward 200 feet from the floodways.  Shorelands also include all wetlands and river deltas associated with streams, lakes and tidal waters subject to the SMA.

The SMA requires counties and cities with shorelines of the state to adopt local shoreline master programs regulating land use activities in shoreline areas of the state and to enforce those master programs within their jurisdictions.  All 39 counties and more than 200 cities have enacted master programs.

The SMA also requires the Department of Ecology (DOE) to adopt guidelines for local governments to use when developing these local shoreline master programs.  The DOE must provide an opportunity for local governments and others to comment on the proposed guidelines and must hold public hearings before the proposed guidelines are adopted.  The DOE may propose amendments to the guidelines no more than once per year and must review the guidelines at least once every five years.

Local governments must develop or amend shoreline master programs consistent with the DOE guidelines within 24 months after the DOE guidelines are adopted. The DOE considers the adopted guidelines and SMA requirements when reviewing and approving local shoreline master programs.

The DOE adopted new guidelines in November 2000.

Summary of Bill: 

Guidelines adopted by the Department of Ecology (DOE) under the Shoreline Management Act must be approved by the Legislature.  Local governments must develop or amend their shoreline master programs within 24 months after the Legislature has voted to approve the guidelines adopted by the DOE.

Appropriation:  None.

Fiscal Note:  Not Requested.

Effective Date:  Ninety days after adjournment of session in which bill is passed.