H 0798

H‑0798.2 _____________________________________________

HOUSE BILL 1261

_____________________________________________

State of Washington 57th Legislature 2001 Regular Session

By Representatives Hatfield, Sump, Doumit, Mulliken, Grant, Schoesler, Kessler, Pennington, Eickmeyer, Clements, Haigh, Lisk, Schindler and Mielke

Read first time 01/24/2001. Referred to Committee on Local Government & Housing.

_1 AN ACT Relating to providing criteria for mandatory updates of

_2 shoreline master programs; amending RCW 90.58.060, 90.58.070,

_3 90.58.080, 90.58.090, and 90.58.250; adding a new section to

_4 chapter 90.58 RCW; and creating a new section.

_5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

_6 Sec. 1. RCW 90.58.060 and 1995 c 347 s 304 are each amended to

_7 read as follows:

_8 (1) Subject to the provisions of section 4 of this act, the

_9 department shall periodically review and adopt guidelines

10 consistent with RCW 90.58.020, containing the elements specified

11 in RCW 90.58.100 for:

12 (a) Development of master programs for regulation of the uses

13 of shorelines; and

14 (b) Development of master programs for regulation of the uses

15 of shorelines of statewide significance.

16 (2) Before adopting or amending guidelines under this section,

17 the department shall provide an opportunity for public review and

18 comment as follows:

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_1 (a) The department shall mail copies of the proposal to all

_2 cities, counties, and federally recognized Indian tribes, and to

_3 any other person who has requested a copy, and shall publish the

_4 proposed guidelines in the Washington state register. Comments

_5 shall be submitted in writing to the department within sixty days

_6 from the date the proposal has been published in the register.

_7 (b) The department shall hold at least four public hearings on

_8 the proposal in different locations throughout the state to

_9 provide a reasonable opportunity for residents in all parts of the

10 state to present statements and views on the proposed guidelines.

11 Notice of the hearings shall be published at least once in each of

12 the three weeks immediately preceding the hearing in one or more

13 newspapers of general circulation in each county of the state. If

14 an amendment to the guidelines addresses an issue limited to one

15 geographic area, the number and location of hearings may be

16 adjusted consistent with the intent of this subsection to assure

17 all parties a reasonable opportunity to comment on the proposed

18 amendment. The department shall accept written comments on the

19 proposal during the sixty-day public comment period and for seven

20 days after the final public hearing.

21 (c) At the conclusion of the public comment period, the

22 department shall review the comments received and modify the

23 proposal consistent with the provisions of this chapter. The

24 proposal shall then be published for adoption pursuant to the

25 provisions of chapter 34.05 RCW.

26 (3) The department may propose amendments to the guidelines not

27 more than once each year. At least once every five years the

28 department shall conduct a review of the guidelines pursuant to

29 the procedures outlined in subsection (2) of this section.

30 Sec. 2. RCW 90.58.070 and 1971 ex.s. c 286 s 7 are each amended to

31 read as follows:

32 (1) Subject to the provisions of section 4 of this act, local

33 governments are directed with regard to shorelines of the state in

34 their various jurisdictions to submit to the director of the

35 department((~~, within six months from June 1, 1971,~~)) letters

36 stating that they propose to ((~~complete an inventory and~~)) develop

37 or amend master programs ((~~for these shorelines~~)) as provided

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_1 ((~~for~~)) in RCW 90.58.080. Local governments shall submit these

_2 letters within nine months of the date the department adopts

_3 guidelines under RCW 90.58.060. Local governments that are exempt

_4 from the requirement to develop or amend shoreline master programs

_5 under section 4 of this act shall submit letters stating the basis

_6 for exemption to the director of the department within nine months

_7 of the date the department adopts guidelines under RCW 90.58.060.

_8 (2) If any local government fails to submit a letter as

_9 provided in subsection (1) of this section, or fails to adopt a

10 master program for the shorelines of the state within its

11 jurisdiction in accordance with the time schedule provided in this

12 chapter, the department shall carry out the requirements of RCW

13 90.58.080 and adopt a master program for the shorelines of the

14 state within the jurisdiction of the local government.

15 Sec. 3. RCW 90.58.080 and 1995 c 347 s 305 are each amended to

16 read as follows:

17 Subject to the provisions of section 4 of this act, local

18 governments shall develop or amend((~~, within twenty-four months~~

19 ~~after the adoption of guidelines as provided in RCW 90.58.060,~~)) a

20 master program for regulation of uses of the shorelines of the

21 state consistent with the required elements of the guidelines

22 adopted by the department. The department shall adopt a schedule

23 for development or amendment of master programs as follows:

24 For counties and cities that do not meet the requirements of

25 section 4 of this act, the department shall prepare a schedule

26 allowing for development or amendment of master programs of all

27 such counties and cities. Taking into account the amount of funding

28 provided by the legislature and the ability of the department to

29 timely review and approve the shoreline master program amendments,

30 the schedule must require a county or city to submit its amended

31 master program to the department no sooner than thirty-six months

32 and no later than sixty months after that county or city has

33 received the full amount of funding needed to amend its shoreline

34 master program. The schedule may identify groups or classes of

35 counties and cities and establish different schedules for the

36 groups or classes. Prior to adoption of a schedule, each county and

37 city included within the schedule must be notified in writing of

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_1 the time requirements applicable to the county or city. The

_2 department must give full consideration to comments made by

_3 counties and cities on the proposed schedule.

_4 NEW SECTION. Sec. 4. A new section is added to chapter 90.58

_5 RCW to read as follows:

_6 (1) A county or city is exempt from the requirements of RCW

_7 90.58.080 if the county or city meets the following criteria:

_8 (a) The county or city has developed or amended its master

_9 program within five years of the date that the department adopts

10 guidelines under RCW 90.58.060 and the master program has been

11 approved by the department; or

12 (b) The county or city does not plan under RCW 36.70A.040; or

13 (c) At least seventy-five percent of the total land within the

14 county or city is:

15 (i) Designated as a critical area under chapter 36.70A RCW;

16 (ii) Included within a preservation area, natural resource use,

17 or open space management area. For the purposes of this subsection

18 (1)(c)(ii): (A) "Preservation" means land that is set aside for

19 national parks, national wildlife refuges, state parks, local

20 parks, conservation easements, natural resource conservation

21 areas, or any similar status; (B) "natural resource use" means

22 national forest land, state forest land, and agricultural, forest,

23 and mineral resource lands designated under RCW 36.70A.170; and

24 (C) "open space" has the same meaning as defined in RCW 84.34.020;

25 or

26 (d) The county or city has approved fewer than one hundred

27 substantial development permits per year within the preceding five-

28 year period; or

29 (e) The county or city has a population density of fewer than

30 one hundred persons per square mile as determined by the office of

31 financial management and published each year for the period July

32 1st to June 30th.

33 (2) A city or county is exempt from the requirements of RCW

34 90.58.080 if the county or city has an approved habitat

35 conservation plan under 16 U.S.C. Sec. 1539 or an exemption under

36 16 U.S.C. Sec. 1533(d).

37 (3) If the department determines that a county or city no

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_1 longer meets the exemption criteria specified in subsection (1) of

_2 this section, the department must determine whether a need exists

_3 for the county or city to develop or amend its master program

_4 based on the current guidelines. If the department determines that

_5 a county or city no longer meeting the exemption criteria of

_6 subsection (1) of this section is required to develop or amend its

_7 master program, the department must notify the county or city of

_8 its determination. The department must include in its notice any

_9 evidence, information, or documents supporting its determination

10 that the county or city no longer meets the exemption criteria and

11 that a need exists for development or amendment of a master

12 program. The county or city receiving such a notice may appeal the

13 department's determination to the shorelines hearings board.

14 Sec. 5. RCW 90.58.090 and 1997 c 429 s 50 are each amended to read

15 as follows:

16 (1) A master program, segment of a master program, or an

17 amendment to a master program shall become effective when approved

18 by the department. Subject to the provisions of section 4 of this

19 act, within the time period provided in RCW 90.58.080, each local

20 government shall have submitted a master program, either totally

21 or by segments, for all shorelines of the state within its

22 jurisdiction to the department for review and approval.

23 (2) Upon receipt of a proposed master program or amendment, the

24 department shall:

25 (a) Provide notice to and opportunity for written comment by

26 all interested parties of record as a part of the local government

27 review process for the proposal and to all persons, groups, and

28 agencies that have requested in writing notice of proposed master

29 programs or amendments generally or for a specific area, subject

30 matter, or issue. The comment period shall be at least thirty days,

31 unless the department determines that the level of complexity or

32 controversy involved supports a shorter period;

33 (b) In the department's discretion, conduct a public hearing

34 during the thirty-day comment period in the jurisdiction proposing

35 the master program or amendment;

36 (c) Within fifteen days after the close of public comment,

37 request the local government to review the issues identified by

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_1 the public, interested parties, groups, and agencies and provide a

_2 written response as to how the proposal addresses the identified

_3 issues;

_4 (d) Within thirty days after receipt of the local government

_5 response pursuant to (c) of this subsection, make written findings

_6 and conclusions regarding the consistency of the proposal with the

_7 policy of RCW 90.58.020 and the applicable guidelines, provide a

_8 response to the issues identified in (c) of this subsection, and

_9 either approve the proposal as submitted, recommend specific

10 changes necessary to make the proposal approvable, or deny

11 approval of the proposal in those instances where no alteration of

12 the proposal appears likely to be consistent with the policy of

13 RCW 90.58.020 and the applicable guidelines. The written findings

14 and conclusions shall be provided to the local government, all

15 interested persons, parties, groups, and agencies of record on the

16 proposal;

17 (e) If the department recommends changes to the proposed master

18 program or amendment, within thirty days after the department

19 mails the written findings and conclusions to the local

20 government, the local government may:

21 (i) Agree to the proposed changes. The receipt by the department

22 of the written notice of agreement constitutes final action by the

23 department approving the amendment; or

24 (ii) Submit an alternative proposal. If, in the opinion of the

25 department, the alternative is consistent with the purpose and

26 intent of the changes originally submitted by the department and

27 with this chapter it shall approve the changes and provide written

28 notice to all recipients of the written findings and conclusions.

29 If the department determines the proposal is not consistent with

30 the purpose and intent of the changes proposed by the department,

31 the department may resubmit the proposal for public and agency

32 review pursuant to this section or reject the proposal.

33 (3) The department shall approve the segment of a master

34 program relating to shorelines unless it determines that the

35 submitted segments are not consistent with the policy of RCW

36 90.58.020 and the applicable guidelines.

37 (4) The department shall approve those segments of the master

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_1 program relating to shorelines of statewide significance only

_2 after determining the program provides the optimum implementation

_3 of the policy of this chapter to satisfy the statewide interest.

_4 If the department does not approve a segment of a local government

_5 master program relating to a shoreline of statewide significance,

_6 the department may develop and by rule adopt an alternative to the

_7 local government's proposal.

_8 (5) In the event a local government has not complied with the

_9 requirements of RCW 90.58.070 it may thereafter upon written

10 notice to the department elect to adopt a master program for the

11 shorelines within its jurisdiction, in which event it shall comply

12 with the provisions established by this chapter for the adoption

13 of a master program for such shorelines.

14 Upon approval of such master program by the department it shall

15 supersede such master program as may have been adopted by the

16 department for such shorelines.

17 (6) A master program or amendment to a master program takes

18 effect when and in such form as approved or adopted by the

19 department. Shoreline master programs that were adopted by the

20 department prior to July 22, 1995, in accordance with the

21 provisions of this section then in effect, shall be deemed

22 approved by the department in accordance with the provisions of

23 this section that became effective on that date. The department

24 shall maintain a record of each master program, the action taken

25 on any proposal for adoption or amendment of the master program,

26 and any appeal of the department's action. The department's

27 approved document of record constitutes the official master

28 program.

29 Sec. 6. RCW 90.58.250 and 1971 ex.s. c 286 s 25 are each amended

30 to read as follows:

31 The department is directed to cooperate fully with local

32 governments in discharging their responsibilities under this

33 chapter. Funds shall be available for distribution to local

34 governments on the basis of applications for preparation of master

35 programs. Such applications shall be submitted in accordance with

36 ((~~regulations~~)) rules developed by the department. The department

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_1 is authorized to make and administer grants within appropriations

_2 authorized by the legislature to any local government within the

_3 state for the purpose of developing a master shorelines program.

_4 ((~~No grant shall be made in an amount in excess of the~~

_5 ~~recipient's contribution to the estimated cost of such program.~~))

_6 NEW SECTION. Sec. 7. This act applies to all guidelines adopted

_7 by the department of ecology on or after November 1, 2000.

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