SENATE BILL REPORT

SSB 5443

BYSenate Committee on Natural Resources (originally sponsored by Senator Barr)

Changing procedures for appeals of actions on state-owned aquatic lands.

Senate Committee on Environment & Natural Resources

Senate Hearing Date(s):February 24, 1987; March 5, 1987; January 26, 1988

Senate Staff:Kaleen Cottingham (786-7415)

AS OF JANUARY 20, 1988

BACKGROUND:

Any person attempting to purchase or lease state-owned lands or valuable material, or any person whose property rights or interests will be affected by such sale or lease, may first ask the agency informally to review its decision or may appeal such decision directly to court.

Concern has been raised that the "in house" appeal process is not fair because the same people who made the initial agency determination are the ones who review the decision. This issue arises as a result of the setting of the line of ordinary high water on Lake Osoyoos by the Department of Natural Resources which then determined property lines for abutting shoreland owners.

The Pollution Control Board hears appeals from decisions of the Department of Ecology and air pollution control boards.

SUMMARY:

Decisions regarding aquatic lands shall first be appealed to the Pollution Control Board.  Subsequent appeals of the decision of the Pollution Control Board shall be in superior court in the county in which the lands in question lie. The Pollution Control Board shall certify the transcript and all papers to the court on appeal.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested January 20, 1988