SENATE BILL REPORT

SB 5929

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.

Background: The Department of Natural Resources (DNR) is responsible for managing state-owned aquatic lands to provide a balance of public benefits for the state. The aquatic lands DNR manages include tidelands, shorelands, harbors, and the lands lying beneath navigable waters.

Aquatic lands management must balance multiple goals, including encouragement of public access, fostering uses of aquatic lands that are currently or were historically dependent on a waterfront location, use of renewable resources, environmental protection, and generation of revenue in a manner consistent with other aquatic land management goals. The rental rates for aquatic lands leased for water-dependent uses are based on the value of the upland parcel adjacent to the aquatic lands.

With the exception of the revenue portion reserved for DNR's management costs, revenue generated from the state's aquatic land management activities is deposited in the Aquatic Lands Enhancement Account, and is generally directed to be used for public benefits, such as shoreline access, environmental protection, and recreational opportunities.

Summary of Bill: Upon application DNR must grant a lease for a water-dependent use to the owner or lessee of tidelands or shorelands abutting the beds of navigable waters. For nonwater dependent uses, the owner or lessee of tidelands or shorelands abutting the beds of navigable waters has a lease preference right. Before leasing or transferring any interest in the beds of navigable waters, DNR must notify the owner of property abutting the navigable waters and offer the right to such a lease or acquire an interest in the navigable waters.