FINAL BILL REPORT

SB 5556

PARTIAL VETO

                                  C 523 L 87

BYSenators Kreidler, Zimmerman and Kiskaddon; by request of Department of Ecology

Changing provisions relating to floodplain management.

Senate Committee on Parks & Ecology

House Committe on Environmental Affairs

SYNOPSIS AS ENACTED

BACKGROUND:

Chapter 86.16 RCW establishes a flood control management program for the state.  Under this 1935 legislation, some 18 zones (each covering a river system) have been established within the state.  Within these zones permits are required for constructing, reconstructing, or modifying any structures within the flood control zone.  The Department of Ecology administers the permanent program and delegations of the program may be made to the governing body of any county, city, or town, provided that the statutory minimal criteria for developments within the floodplain are satisfied.

A parallel program is administered by local governments under authority of the national flood insurance program.  In order to participate in the national program, local communities must adopt floodplain ordinances which meet the criteria established by the Federal Emergency Management Agency.  The state and federal programs are comparable in most respects, and local communities which administer a delegated state program, as well as administer a local program as a participant in the national flood insurance program, frequently issue duplicate permits for the same development.

SUMMARY:

The regulatory mechanism of the state flood control zone permit program is delegated by statute to local governments, provided that minimum state requirements for floodplain management are satisfied.  The Department of Ecology reviews and approves all local floodplain management ordinances, and has the authority to assume administration of the program within any local jurisdiction in which the state requirements are not satisfied.  The Department of Ecology provides:  technical assistance in the administration of local floodplain management ordinances; information regarding the national flood insurance program; and additional minimum state requirements.  A local ordinance may be disapproved by the Department if the ordinance fails to include:  a prohibition upon construction of residential structures within designated floodways, restrictions upon reconstruction within floodways,  the elevation of structures within the floodplain, or compliance with other state or federal floodplain requirements.  Civil penalties may be imposed for the violation of the statute, and review of any penalties imposed would be before the Pollution Control Hearings Board.

The program is applicable statewide, rather than within zones designated by the Department of Ecology, as provided in existing law.  Towns within King County may apply to the Department for an exemption from the state floodplain program for certain structures and property.

VOTES ON FINAL PASSAGE:

      Senate    44     2

      House 97   0 (House amended)

      Senate    45     0 (Senate concurred)

EFFECTIVE:July 26, 1987

Partial Veto Summary:  Section 10 of the bill, relating to appeals of certain Department of Ecology orders, including floodplain management orders, is vetoed for the reason that the section of Revised Code of Washington amended by this section of the bill was repealed by a measure of the 1987 Legislature already enacted into law.  Section 14 of the bill, providing for certain exemptions from the state floodplain management requirements, is also vetoed.  The partial veto message stated that these exemptions "would represent a needless risk of public funds."  (See VETO MESSAGE)