HB 2199 -
By Senator Murray
WITHDRAWN 04/10/2009
On page 3, after line 16 of the amendment, insert the following:
"Sec. 3 RCW 90.58.100 and 1997 c 369 s 7 are each amended to read
as follows:
(1) The master programs provided for in this chapter, when adopted
or approved by the department shall constitute use regulations for the
various shorelines of the state. In preparing the master programs, and
any amendments thereto, the department and local governments shall to
the extent feasible:
(a) Utilize a systematic interdisciplinary approach which will
insure the integrated use of the natural and social sciences and the
environmental design arts;
(b) Consult with and obtain the comments of any federal, state,
regional, or local agency having any special expertise with respect to
any environmental impact;
(c) Consider all plans, studies, surveys, inventories, and systems
of classification made or being made by federal, state, regional, or
local agencies, by private individuals, or by organizations dealing
with pertinent shorelines of the state;
(d) Conduct or support such further research, studies, surveys, and
interviews as are deemed necessary;
(e) Utilize all available information regarding hydrology,
geography, topography, ecology, economics, and other pertinent data;
(f) Employ, when feasible, all appropriate, modern scientific data
processing and computer techniques to store, index, analyze, and manage
the information gathered.
(2) The master programs shall include, when appropriate, the
following:
(a) An economic development element for the location and design of
industries, industrial projects of statewide significance,
transportation facilities, port facilities, tourist facilities,
commerce and other developments that are particularly dependent on
their location on or use of the shorelines of the state;
(b) A public access element making provision for public access to
publicly owned areas;
(c) A recreational element for the preservation and enlargement of
recreational opportunities, including but not limited to parks,
tidelands, beaches, and recreational areas;
(d) A circulation element consisting of the general location and
extent of existing and proposed major thoroughfares, transportation
routes, terminals, and other public utilities and facilities, all
correlated with the shoreline use element;
(e) A use element which considers the proposed general distribution
and general location and extent of the use on shorelines and adjacent
land areas for housing, business, industry, transportation,
agriculture, natural resources, recreation, education, public buildings
and grounds, and other categories of public and private uses of the
land;
(f) A conservation element for the preservation of natural
resources, including but not limited to scenic vistas, aesthetics, and
vital estuarine areas for fisheries and wildlife protection;
(g) An historic, cultural, scientific, and educational element for
the protection and restoration of buildings, sites, and areas having
historic, cultural, scientific, or educational values, including
allowing for the restoration, replacement, augmentation, repair, or
enhancement of historic floating home communities;
(h) An element that gives consideration to the statewide interest
in the prevention and minimization of flood damages; and
(i) Any other element deemed appropriate or necessary to effectuate
the policy of this chapter.
(3) The master programs shall include such map or maps, descriptive
text, diagrams and charts, or other descriptive material as are
necessary to provide for ease of understanding.
(4) Master programs will reflect that state-owned shorelines of the
state are particularly adapted to providing wilderness beaches,
ecological study areas, and other recreational activities for the
public and will give appropriate special consideration to same.
(5) Each master program shall contain provisions to allow for the
varying of the application of use regulations of the program, including
provisions for permits for conditional uses and variances, to
((insure)) ensure that strict implementation of a program will not
create unnecessary hardships or thwart the policy enumerated in RCW
90.58.020. Any such varying shall be allowed only if extraordinary
circumstances are shown and the public interest suffers no substantial
detrimental effect. The concept of this subsection shall be
incorporated in the rules adopted by the department relating to the
establishment of a permit system as provided in RCW 90.58.140(3).
(6) Each master program shall contain standards governing the
protection of single family residences and appurtenant structures
against damage or loss due to shoreline erosion. The standards shall
govern the issuance of substantial development permits for shoreline
protection, including structural methods such as construction of
bulkheads, and nonstructural methods of protection. The standards
shall provide for methods which achieve effective and timely protection
against loss or damage to single family residences and appurtenant
structures due to shoreline erosion. The standards shall provide a
preference for permit issuance for measures to protect single family
residences occupied prior to January 1, 1992, where the proposed
measure is designed to minimize harm to the shoreline natural
environment."
HB 2199 -
By Senator Murray
WITHDRAWN 04/10/2009
On page 3, line 18 of the title amendment, after "insert" insert "amending RCW 90.58.100;"
EFFECT: Currently, a master program must include, when appropriate, a historic, cultural, scientific, and educational element for the protection and restoration of buildings, sites, and areas having historic, cultural, scientific, or educational values. This amendment would require the master program to also include provisions allowing for the restoration, replacement, augmentation, repair, or enhancement of historic floating home communities.