SENATE BILL REPORT

SB 5378

BYSenators Metcalf, Kreidler and Barr; by request of Governor

Enacting the wetland management act of 1989.

Senate Committee on Agriculture

Senate Hearing Date(s):January 31, 1989; February 28, 1989

Majority Report:  That Substitute Senate Bill No. 5378 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways & Means.

      Signed by Senators Barr, Chairman; Anderson, Vice Chairman; Bailey, Gaspard, Hansen, Madsen, Newhouse.

Senate Staff:David Monthie (786-7198); Bob Lee (786-7404)

                  February 28, 1989

Senate Committee on Ways & Means

Senate Hearing Date(s):March 6, 1989

Majority Report:  That Second Substitute Senate Bill No. 5378 be substituted therefor, and the second substitute bill do pass.

      Signed by Senators McDonald, Chairman; Bailey, Bauer, Bluechel, Cantu, Fleming, Gaspard, Johnson, Lee, Matson, Moore, Niemi, Owen, Saling, Smith, Talmadge, Warnke, Williams, Wojahn.

Senate Staff:Charles Langen (786-7715)

                  March 7, 1989

AS REPORTED BY COMMITTEE ON WAYS & MEANS, MARCH 6, 1989

BACKGROUND:

The state has a large amount of natural wetlands due to its extensive coastline, large number and size of rivers and streams, and abundance of rainfall.  Other wetlands have been artificially created, largely through irrigation and agricultural practices.  Some estimate that half the state's wetlands have been directly or indirectly lost to various types of development since 1900.  Although there are various federal, state, or local programs that provide a degree of protection for wetlands, there is no comprehensive statewide policy or program governing the use, development, or protection of wetlands, or a clear definition of what a wetland is.  Concerns have been expressed over the continued loss of wetlands in the state through such practices as draining, filling, excavating, or otherwise damaging or destroying wetlands, and over the value such wetlands may have for such purposes as flood control, water quality, and fish and wildlife habitat.

The Legislature finds that wetlands provide a valuable resource to the state.  Remaining wetlands are in jeopardy because of lack of protection from existing federal, state, and local laws.

SUMMARY:

It is the public policy of the state to preserve, protect, and manage wetlands with a goal of achieving no overall net loss of the state's remaining wetlands base.

A cooperative wetland management program is created.  Wetlands are defined by adoption of the definition of the U.S. Fish and Wildlife Service.  Wetland buffer zones are defined.  The Department of Ecology is to develop and maintain a statewide wetlands inventory.  The department must establish by August 1, 1990, by public rulemaking, standards for the protection and management of wetlands and wetland buffer zones.  Local governments must adopt, within 12 months of the effective date of the department's standards, local wetland management programs that meet the department's standards.  These local programs are to be reviewed and approved by the department.  The department is to assist local governments in the development, implementation, and administration of their programs.

Certain activities--such as dredging, filling, draining, flooding, construction, or alteration of vegetation--are defined as "regulated activities" that must be consistent with the department's standards as of the date of adoption of those standards.  They must also be consistent with the local management plans.

Certain other activities--such as ongoing and existing farming and ranching activities, maintenance of drainage ditches, harvesting of forest products, minor maintenance of buildings and roads, and maintenance of levees or dikes--are defined as "exempt activities" that are not regulated.

The Attorney General and the attorney for the local government are given the authority to bring actions for injunctive, declaratory, or other relief.  Persons failing to comply with the law are subject to civil penalties of up to $1000 for each violation for each day of noncompliance.  Penalties imposed by the department are subject to the review of the Pollution Control Hearings Board, and those imposed by local government to review by the local legislative authority.

Additional authority is provided to the department and local governments to acquire land, accept money, cooperate with other persons or organizations, appoint advisory committees, contract for professional services, and adopt rules.  The statute is to be liberally construed.

EFFECT OF PROPOSED SUBSTITUTE:

Artificial wetlands created by irrigated agriculture are excluded from regulated wetlands.  Wetlands already subject to the Shoreline Management Act are exempt from standards adopted under this act.  All normal or necessary farming, ranching and silviculture activities on farm and agricultural land as defined in "open space" statutes are exempt.  All forest practices under the Forest Practices Act are exempt.  Local governments are given the authority to classify wetlands under criteria developed by the Department of Ecology.  Specific guidelines are given for wetland criteria and mitigation standards to be developed by the Department of Ecology.  Preservation and protection of wetlands is identified as the preferred mitigation policy in all cases.  Technical amendments are made to existing statutes regarding comprehensive plans to include wetlands elements.  Other minor or technical changes are made.  An appropriation is made of $1 million from the centennial clean water fund and $400,000 from the general fund for the biennium.

EFFECT OF PROPOSED SECOND SUBSTITUTE:

The general fund appropriation of $400,000 is deleted and the Department of Natural Resources shall provide the Department of Ecology with geographic information system data and maps which can be used in the state's wetland management.

Appropriation:    $1 million from the centennial clean water fund for the biennium.

Revenue:    none

Fiscal Note:      available

Senate Committee - Testified: AGRICULTURE:  Chris Gregoire, Department of Ecology; Dwain Colby, Island County; Randy Scott, Washington Association of Counties; Elizabeth Tabbutt, Washington Environmental Council; Robert Kavanuagh, citizen; Mike Schwisow, Department of Agriculture, Bruce Wishart, Sierra Club; Stan Biles, Department of Natural Resources; Chan Bailey, Columbia Basin Development League; Marlyta Deck, Washington Cattlemen's Association; Dan Coyne, Washington State Dairymen's Federation; Jeff Parsons, National Audubon Society; Kathleen Collins, Association of Washington Cities; Randy Ray, Washington Association of Wheat Growers and National Association of Industrial and Office Parks; Bob Nichols, Office of Financial Management; Mark Triplett, Seattle Master Builders

Senate Committee - Testified: WAYS & MEANS:  Rod Mack, Department of Ecology