5451-S AMH ANGE MOET 551

SSB 5451 - H AMD 486

By Representative Angel

FAILED 04/05/2011

    Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1.  The legislature recognizes that there is concern from property owners regarding legal status of existing legally developed shoreline structures under updated shoreline master programs.  In recognition of this concern, the legislature finds that updated shoreline master programs must include provisions to ensure that the maintenance, repair, and replacement of existing structures is allowed so that no property is taken illegally.

The legislature further recognizes that property rights are protected by the state Constitution.  While the legislature may mandate that newly constructed buildings comply with ever-changing requirements, it does not intend for updated shoreline master programs to harm, penalize, or otherwise disadvantage persons who complied with applicable requirements at the time of the development action, but who now find that their properties do not conform with current standards.  Furthermore, the legislature does not intend to have these properties deemed illegal, as the legislature recognizes and affirms that the government may not deny a property owner the right to protect the value of their property, including existing structures.

NEW SECTION. Sec. 2.  A new section is added to chapter 90.58 RCW to read as follows:

    (1) New or amended master programs approved by the department on or after September 1, 2011, must assure that:

    (a) All structures that were legally established and are existing as of September 1, 2011, are considered conforming structures in the master program; and

    (b) Legally established structures are allowed to be maintained, repaired, and replaced in the exact location and size specifications as the original structure. 

    (2) Local governments may adopt incentives to encourage voluntary modifications by property owners to comply with laws and regulations adopted after the structure was legally established.

    (3) Nothing in this section affects the application of other federal, state, or local government requirements to legally established structures."

EFFECT: (1) Strikes all provisions of the underlying bill.  (2) Adds provisions requiring that new or amended master programs approved by the Department of Ecology on or after September 1, 2011, assure that: all structures that were legally established and are existing as of September 1, 2011, are considered conforming structures in the master program; and legally established structures are allowed to be maintained, repaired, and replaced, subject to certain requirements.  (3) Authorizes local governments to adopt incentives to encourage certain voluntary modifications by property owners.  (4) Specifies that the amendment does not affect the application of other federal, state, or local government requirements to legally established structures.  (5) Adds intent language.  

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