BILL REQ. #:  H-3696.1 

Read first time 01/11/2006.   Referred to Committee on Local Government.

     AN ACT Relating to vacation of county roads with access to bodies of water; amending RCW 36.87.130; creating a new section; and declaring an emergency.

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

NEW SECTION.  Sec. 1   The legislature finds that the purpose of RCW 36.87.130 is to preserve for the public, for recreational or other purposes, existing access to bodies of salt or fresh water. Counties have no discretion regarding vacating all or part of a dedicated right of way regardless of whether it provides public access to a body of water. Therefore, certain rights of way encumber private property while not providing any existing public access to a body of water. It is the intent of this act to enhance the ability of counties to balance the need to protect and preserve existing public access to bodies of water while providing counties the ability to vacate rights of way so long as doing so does not undermine or eliminate such access.

Sec. 2   RCW 36.87.130 and 1969 ex.s. c 185 s 7 are each amended to read as follows:
     (1) No county shall vacate a county road or part thereof which abuts on a body of salt or fresh water unless:
     (a) The purpose of the vacation is to enable any public authority to acquire the vacated property for port purposes, boat moorage or launching sites, or for park, viewpoint, recreational, educational or other public purposes, or unless the property is zoned for industrial uses; or
     (b) The board by resolution adopted pursuant to this chapter determines that:
     (i) The road or any part thereof is not necessary for port purposes, boat moorage or launching sites, or for park, viewpoint, recreational, educational, or other public purposes; and
     (ii) Vacating the county road or portion thereof does not undermine or eliminate existing public access to bodies of salt or fresh water.

NEW SECTION.  Sec. 3   If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION.  Sec. 4   This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.