SENATE BILL REPORT

SHB 1651

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)

Authorizing counties, cities, and towns to elect to participate in state-wide flood plain management.

House Committe on Local Government

Senate Committee on Governmental Operations

Senate Hearing Date(s):March 27, 1989

Majority Report:  Do pass.

      Signed by Senators McCaslin, Chairman; Thorsness, Vice Chairman; Conner, Pullen, Sutherland.

Senate Staff:Desley Brooks (786-7443)

                  March 27, 1989

AS REPORTED BY COMMITTEE ON GOVERNMENTAL OPERATIONS, MARCH 27, 1989

BACKGROUND:

In 1935, legislation was enacted establishing regulations restricting the development of floodable areas.  The state regulations include some restrictions that are beyond the federal flood insurance standards.

In 1968, Congress enacted the National Flood Control Insurance Act.  The act permits counties, cities, or towns 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 similar to the state requirements.  Failure to participate in the federal program can result in a loss of federal moneys and a prohibition of federally insured financial institutions from lending money within the county, city or town.

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 finds 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 in determining the location of the 100 year flood plain and petition the federal government to alter its designation of such an area. The department is no longer required to review plans for structures to be located in the flood plain areas.  It may review plans for structures located in the floodway, or on banks, or in channels.  The department must consult with the public before adopting regulations under the state's flood plain management program.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Senate Committee - Testified: No one