BILL REQ. #:  S-3363.3 

Read first time 01/17/14.   Referred to Committee on Natural Resources & Parks.

     AN ACT Relating to floating houses in harbor areas; adding new sections to chapter 79.115 RCW; and creating new sections.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 79.115 RCW to read as follows:
     (1) The residential use of floating houses, as defined under WAC 332-30-106(23) as existing on the effective date of this section, is an allowable use of aquatic lands within a harbor area, subject to the limitations of this section.
     (2) The department shall allow the residential use of floating houses on aquatic lands in a harbor area:
     (a) Where residential use of floating houses is compatible with existing navigational or commercial uses in the harbor area; and
     (b) In the same manner and subject to the same rules, guidelines, and other department policies that apply to the use of floating houses on aquatic lands outside of a harbor area.
     (3) Upon expiration of a relevant lease or other aquatic lands use authorization document and with at least six-months notice to the owner of any affected floating house, the department may require that residential use of a floating house yield to a newly authorized and conflicting navigational or commercial use in the harbor area.

NEW SECTION.  Sec. 2   A new section is added to chapter 79.115 RCW to read as follows:
     The residential use of any floating house, as defined under WAC 332-30-106(23) as existing on the effective date of this section, located on aquatic lands in a harbor area on the effective date of this section is deemed authorized by the department and such a floating house may remain in the harbor area subject to section 1(3) of this act.

NEW SECTION.  Sec. 3   A new section is added to chapter 79.115 RCW to read as follows:
     The department and, if applicable, the holder of a lease or other aquatic lands use authorization document must ensure that the owner of any floating house, as defined under WAC 332-30-106(23) as existing on the effective date of this section, in a harbor area has written notification of the effect of sections 1 and 2 of this act on the effective date of this section or at the time the use of the floating house in the harbor area commences, whichever is later. The written notification must specifically include information about the potential for residential use of a floating house to yield to future conflicting navigational or commercial uses consistent with the circumstances and processes provided under section 1(3) of this act.

NEW SECTION.  Sec. 4   By December 31, 2014, the department of natural resources must update applicable rules, guidelines, and any other department policy consistent with sections 1 through 3 of this act.

NEW SECTION.  Sec. 5   This act specifically authorizes residential floating houses on aquatic lands within a harbor area under specified circumstances and establishes associated conditions and implementing provisions. This act does not affect the application of any other applicable permit or authority, including waste disposal requirements and application of local shoreline master programs under chapter 90.58 RCW.