Passed by the Senate April 18, 2011 YEAS 48   BRAD OWEN ________________________________________ President of the Senate Passed by the House April 5, 2011 YEAS 77   FRANK CHOPP ________________________________________ Speaker of the House of Representatives | I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SUBSTITUTE SENATE BILL 5451 as passed by the Senate and the House of Representatives on the dates hereon set forth. THOMAS HOEMANN ________________________________________ Secretary | |
Approved May 12, 2011, 1:51 p.m. CHRISTINE GREGOIRE ________________________________________ Governor of the State of Washington | May 13, 2011 Secretary of State State of Washington |
State of Washington | 62nd Legislature | 2011 Regular Session |
READ FIRST TIME 02/21/11.
AN ACT Relating to shoreline structures in a master program adopted under the shoreline management act; adding a new section to chapter 90.58 RCW; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 (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.
Significant concern has been expressed by residential property owners
during shoreline master program updates regarding the legal status of
existing shoreline structures that may not meet current standards for
new development.
(2) Engrossed House Bill No. 1653, enacted as chapter 107, Laws of
2010 clarified the status of existing structures in the shoreline area
under the growth management act prior to the update of shoreline
regulations. It is in the public interest to clarify the legal status
of these structures that will apply after shoreline regulations are
updated.
(3) Updated shoreline master programs must include provisions to
ensure that expansion, redevelopment, and replacement of existing
structures will result in no net loss of the ecological function of the
shoreline. Classifying existing structures as legally conforming will
not create a risk of degrading shoreline natural resources.
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, may include provisions authorizing:
(a) Residential structures and appurtenant structures that were
legally established and are used for a conforming use, but that do not
meet standards for the following to be considered a conforming
structure: Setbacks, buffers, or yards; area; bulk; height; or
density; and
(b) Redevelopment, expansion, change with the class of occupancy,
or replacement of the residential structure if it is consistent with
the master program, including requirements for no net loss of shoreline
ecological functions.
(2) For purposes of this section, "appurtenant structures" means
garages, sheds, and other legally established structures. "Appurtenant
structures" does not include bulkheads and other shoreline
modifications or over-water structures.
(3) Nothing in this section: (a) Restricts the ability of a master
program to limit redevelopment, expansion, or replacement of over-water
structures located in hazardous areas, such as floodplains and
geologically hazardous areas; or (b) affects the application of other
federal, state, or local government requirements to residential
structures.