SENATE BILL REPORT

ESB 5556

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

Changing provisions relating to floodplain management.

Senate Committee on Parks & Ecology

Senate Hearing Date(s):February 4, 1987; February 5, 1987

Majority Report:  Do pass.

      Signed by Senators Kreidler, Chairman; Rinehart, Vice Chairman; Bluechel, Kiskaddon.

Senate Staff:Gary Wilburn (786-7453)

                  April 17, 1987

AS PASSED SENATE, MARCH 10, 1987

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 flood plain 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 flood plain 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 flood plain management are satisfied.  The Department of Ecology reviews and approves all local flood plain management ordinances, and has the authority to assume administration of the program within any local jurisdiction in which the minimal state requirements are not satisfied.  The Department of Ecology provides:  technical assistance in the administration of local flood plain 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 restriction on land uses within designated floodways to conform with the requirements of the national flood insurance program, the elevation of structures within the flood plain, 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.

Fiscal Note:      requested

Senate Committee - Testified: Ray Nelson, Nelson Stock Ranch; Jerry Louthain, Ecology; Curt Smitch, Washington Department of Fisheries; Jim Williams, Counties; Ken Broget

HOUSE AMENDMENT:

The Department of Ecology is authorized to assume regulatory authority in a jurisdiction where the local government fails to comply with state flood plain statutes.  Local flood plain ordinances must include a prohibition upon construction of residential structures within floodways.  Certain towns within King County may apply to the Department for an exemption from the state flood plain program as to certain structures and property within such towns.