CERTIFICATION OF ENROLLMENT
ENGROSSED HOUSE BILL 1936
57th
Legislature
2001 Regular
Legislative Session
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Passed by the House March 13,
2001
Yeas 91 Nays 0
Speaker of the House of Representatives
Speaker of the House of
Representatives
Passed by the Senate April 9,
2001
Yeas 48 Nays 0
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CERTIFICATE
We, Timothy A. Martin and
Cynthia Zehnder, Co-Chief Clerks of the House of Representatives of the State
of Washington, do hereby certify that the attached is ENGROSSED HOUSE BILL
1936 as passed by the House of Representatives and the Senate on the
dates hereon set forth.
Chief
Clerk
Chief
Clerk
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President of the Senate
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Approved Place Style On Codes above, and Style Off Codes
below.
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FILED
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Governor of the State of
Washington
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Secretary of
State
State of
Washington
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ENGROSSED HOUSE BILL 1936
_______________________________________________
Passed Legislature - 2001 Regular Session
State of Washington 57th Legislature 2001
Regular Session
By
Read first time 02/08/2001. Referred to
Committee on Natural Resources.
Allowing the residential
owner of land that abuts state-owned shoreland to anchor their boats to
adjacent buoys.
AN ACT Relating to
mooring at buoys; and amending RCW 79.90.105.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. RCW 79.90.105 and 1989 c
175 s 170 are each amended to read as follows:
(1) The abutting
residential owner to state-owned shorelands, tidelands, or related beds of
navigable waters, other than harbor areas, may install and maintain without
charge a dock on such areas if used exclusively for private recreational
purposes and the area is not subject to prior rights. This permission is
subject to applicable local regulation governing construction, size, and length
of the dock. This permission may be revoked by the department upon finding of
public necessity which is limited to the protection of waterward access or
ingress rights of other landowners or public health and safety. The revocation
may be appealed as an adjudicative proceeding under chapter 34.05 RCW, the administrative
procedure act. Nothing in this section prevents the abutting
owner from obtaining a lease if otherwise provided by law.
(2) The
abutting residential owner to state-owned shorelands, tidelands, or related
beds of navigable waters, may anchor to buoys without charge if the boat that
is anchored is used for private recreational purposes and the area is not
subject to prior rights. Buoys cannot be sold or leased separately from the
upland residence. The mooring buoy cannot be used for commercial, transient,
or residential use. One buoy may be installed without charge for the first one
hundred feet of shoreline property owned, and one additional buoy may be
installed without charge for every one hundred feet of shoreline property owned
above the initial one hundred feet. The permission granted in this subsection
is subject to the boat or mooring system not posing a hazard or obstruction to
navigation or fishing or habitat degradation. This subsection also applies to
areas that have been designated by the commissioner of public lands or the fish
and wildlife commission as aquatic reserves. This permission may be revoked by
the department if the department makes a finding of public necessity to protect
waterward access or ingress rights of other landowners or public health or
safety. The revocation may be appealed as an adjudicative proceeding under
chapter 34.05 RCW, the administrative procedure act. Nothing in this
subsection authorizes a boat owner to abandon a vessel at a buoy or elsewhere.