Washington State House of Representatives Office of Program Research | BILL ANALYSIS |
Local Government Committee |
SSB 6152
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. |
Brief Description: Concerning the authority of counties to vacate a county road that abuts on a body of water if the county road is hazardous or creates a significant risk to public safety.
Sponsors: Senate Committee on Local Government (originally sponsored by Senators Rivers and Takko).
Brief Summary of Substitute Bill |
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Hearing Date: 2/20/18
Staff: Yvonne Walker (786-7841).
Background:
Authorization for a County to Vacate and Abandon a County Road.
A board of county commissioners (board) may vacate and abandon a county road upon the entry of a resolution finding that the road or any part thereof is "useless." The entry of such a resolution must be consistent with specified substantive and procedural requirements, which include:
At the direction of the board, the county road engineer must conduct a study of the proposed road abandonment, make specified factual findings, and then make a recommendation as to whether the road should be abandoned.
After meeting specified public notice requirements, the board must conduct a public hearing on the proposed abandonment, during which the board must consider the report of the county road engineer and any other evidence presented regarding the proposal.
Based upon the evidence presented at the public hearing, the board may authorize the abandonment of the road upon a finding that: (1) the road is not useful; and (2) the public will benefit by the abandonment of the road.
These procedural steps may be initiated either by the resolution of the board or by a petition presented to the board by a majority of those owning the frontage on the portion of the road subject to the abandonment proposal.
General Prohibition Against the Abandonment of Waterfront Roadways.
A county, however, may not abandon a county road that abuts a body of fresh or salt water, unless the property is zoned for industrial uses or the purpose of the abandonment is to enable a public authority to acquire the vacated property for specified purposes, including:
port purposes;
boat moorage or launching sites; or
for parks, viewpoints, recreation, educational, or other public purposes.
Summary of Bill:
A county may vacate and abandon all or part of a county road that abuts a body of water provided it is for the protection of public safety when the county road ends on private property and part of the private property provides access to a mainline railroad bridge creating a public safety hazard.
Appropriation: None.
Fiscal Note: Not requested.
Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.