FINAL BILL REPORT

SHB 1651

                                   C 64 L 89

BYHouse Committee on Local Government (originally sponsored by Representatives Baugher, Chandler, McLean, Grant, Kremen, Jesernig, Rayburn, Rasmussen, Nealey, Braddock, Holland, Haugen, Beck, Zellinsky, Schmidt, Dorn, Basich, Raiter, Betrozoff, D. Sommers, Smith, Tate, Gallagher, Silver, Hargrove, Fuhrman, Day, Moyer, Hankins, Wood, Brooks, Walker, R. Meyers, Prince, Prentice, S. Wilson, Ebersole, Crane, Youngsman, May, Ballard, Brumsickle, Bowman, Winsley, Rector, Spanel and Inslee)

Makes various changes concerning the state flood plain management requirements.

House Committe on Local Government

Senate Committee on Governmental Operations

SYNOPSIS AS ENACTED

BACKGROUND:

Congress enacted the National Flood Control Insurance Act of 1968 that permits any county, city or town to participate in a federal insurance program for construction in floodable areas if certain requirements are met.  This program involves flood plain management regulations that are somewhat similar to the state requirements.  Failure to participate in the federal program can result in loss of federal moneys and a prohibition on the federally insured financial institutions lending money within the county, city or town.

The Legislature enacted legislation in 1935 restricting development of floodable areas.  Some of these restrictions are more stringent than the federal flood insurance standards.

SUMMARY:

The state's flood control regulations are the same as the minimum federal requirements under the national flood control insurance program.  However, the Department of Ecology may establish minimum state requirements for specific flood plains that exceed minimum federal requirements under the national flood insurance program if: (1) it certifies that the location of the 100 year flood plain is accurate; (2) negotiations with the affected county, city or town have been held; (3) public input has been obtained; and (4) it makes a finding that the increased requirements are necessary due to local circumstances and general public safety.

Counties, cities, and towns are permitted to adopt their own flood plain management requirements that exceed the minimum federal requirements of the national flood insurance program.

The Department of Ecology may assist local governments to locate the 100 year flood plain and petition the federal government to alter its designation of such an area.

A local flood control ordinance may not be disapproved by the Department of Ecology if the ground for disapproval is that the ordinance does not require flood proofing or elevating the lower floor levels of residential structures.

The Department of Ecology no longer can review plans for structures to be located in the flood plain areas, other than in the floodway, on banks, or in channels.

The Department of Ecology must consult with the public before adopting regulations under the state's flood plain management program.

VOTES ON FINAL PASSAGE:

      House 98   0

      Senate    45     0

EFFECTIVE:July 23, 1989