SENATE BILL REPORT

SB 5724

BYSenator Sellar

Revising Shoreline Management Act.

Senate Committee on Parks & Ecology

Senate Hearing Date(s):February 18, 1987

Senate Staff:Henry Yates (786-7708)

AS OF FEBRUARY 18, 1987

BACKGROUND:

For most development within 200 feet of shorelines of the state which include most water bodies, a substantial development permit is required under the Shoreline Management Act.  It is issued by local government and is subject to appeal to the Shoreline Hearings Board.  Once a substantial development permit is issued, persons who want to appeal it have 30 days to do so.

The Department of Ecology and the Attorney General's Office are forwarded copies of the permits once the local government makes its decision.  These two agencies then have an opportunity to comment on the permit or appeal it to the Hearings Board.

It has been contended that in the case of state agency issued permits, the Department of Ecology and the Attorney General's Office sometimes slow the process because their comments are submitted after the permit is issued.  State agencies sometimes change their plans based on these comments and require the issuance procedure to be conducted again.  This procedure requires specific public notice and in some cases public hearings.  Only under limited circumstances can plans be revised to avoid reissuance of a permit.

SUMMARY:

Shoreline substantial development permits are not required for geotechnical exploration activity conducted within shorelines of the state.  For this exemption to apply, the proposed activity must not interfere materially with the normal public use of the surface of the water, materially injure the shoreline, violate water quality standards or create a public nuisance.

At the same time a state agency submits its application for a substantial development permit to local government, it must also submit its application to the Department of Ecology and the Attorney General.  Comments must be made by the Department of Ecology and the Attorney General on the application within the same time period for comments provided to individuals during the local government review process.

The Department of Ecology and the Attorney General may only intervene or seek to review the granting of a substantial development permit or application if they have submitted comments during the local government review period.  Objections raised by comment during the local government review period are the only ones that can be used as a basis to review the order or application.

Fiscal Note:      none requested