SENATE BILL REPORT

SB 6368

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

As of January 28, 2014

Title: An act relating to adjusting the dollar threshold for substantial development under the shoreline management act for certain pleasure craft-related construction.

Brief Description: Adjusting the dollar threshold for substantial development under the shoreline management act for certain pleasure craft-related construction.

Sponsors: Senators Roach, Holmquist Newbry, Benton, Sheldon, Padden, Chase, Eide, Mullet and Dammeier.

Committee Activity: Energy, Environment & Telecommunications: 1/29/14.

SENATE COMMITTEE ON ENERGY, ENVIRONMENT & TELECOMMUNICATIONS

Staff: Jan Odano (786-7486)

Background: The Shoreline Management Act (SMA) requires the development of local shoreline master programs, which must be consistent with guidelines adopted by the Department of Ecology (DOE). Each local government must establish a program for the administration and enforcement of a shoreline permit system.

Property owners or developers must generally obtain a substantial development permit for qualifying developments within shoreline areas. Substantial developments are defined to include both developments with total cost or fair market value exceeding $5,000 – as adjusted for inflation – and developments materially interfering with normal public shoreline use.

Certain exemptions to the substantial development permit requirement are specified in statute. Construction of a community dock designed for pleasure craft only, and for the private noncommercial use of an owner, lessee, or contract purchaser of a single and multiple family residence, is exempt from the substantial development requirements if the fair market value does not exceed:

$2,500 for docks in salt waters; or
$10,000 for docks in fresh waters; however, if subsequent construction having a fair market value exceeding $2,500 occurs within five years of completion of the prior construction, the subsequent construction is considered a substantial development.

Summary of Bill: The threshold for exempting construction of a boat ramp, boat launch, or dock in fresh water from the substantial development permit requirements is increased to $20,000. However, if subsequent construction within five years plus the cumulative fair market value of the construction exceeds $20,000 then the subsequent construction is considered a substantial development.

The construction of a boat ramp and boat launch in salt water with a fair market value of less than $2,500 is included in the exemption from substantial development permit requirements.

Appropriation: None.

Fiscal Note: Not requested.

Committee/Commission/Task Force Created: No.

Effective Date: Ninety days after adjournment of session in which bill is passed.