CERTIFICATION OF ENROLLMENT

ENGROSSED HOUSE BILL 1936

Chapter 277, Laws of 2001

57th Legislature

2001 Regular Legislative Session

MOORING AT BUOYS

EFFECTIVE DATE: 7/22/01

Passed by the House March 13, 2001

Yeas 91 Nays 0

FRANK CHOPP

Speaker of the House of Representatives

CLYDE BALLARD

Speaker of the House of Representatives

Passed by the Senate April 9, 2001

Yeas 48 Nays 0

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.

CYNTHIA ZEHNDER

Chief Clerk

TIMOTHY A. MARTIN

Chief Clerk

BRAD OWEN

President of the Senate

Approved May 11, 2001

FILED

May 11, 2001 - 10:09 a.m.

GARY LOCKE

Governor of the State of Washington

Secretary of State

State of Washington

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ENGROSSED HOUSE BILL 1936

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Passed Legislature - 2001 Regular Session

State of Washington 57th Legislature 2001 Regular Session

By Representatives Quall, Morris, Linville, Grant, Sehlin, Doumit, Esser and Anderson

Read first time 02/08/2001. Referred to Committee on Natural Resources.

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.