SENATE BILL REPORT

SB 6268

BYSenators Sellar, Owen, Metcalf and Barr

Revising Shoreline Management Act.

Senate Committee on Environment & Natural Resources

Senate Hearing Date(s):January 24, 1990

Senate Staff:Dawn P. Vyvyan (786-7717)

AS OF JANUARY 23, 1990

BACKGROUND:

The Shoreline Management Act of 1971 is designed to protect the shorelines of this state for the public interest.  It attempts to accomplish this by setting forth a management scheme for coordinating the public and private development on the state's shorelines by having local governments take primary responsibility in administering the management program, with the Department of Ecology acting in a supportive and review capacity.

Substantial development shall not be undertaken on the shorelines of the state (which are specifically listed in the act), unless it is consistent with the policy of the Shoreline Management Act, the Department of Ecology guidelines and rules, or the local government's master program governing shorelines within its jurisdiction.

Permits for substantial development on the shorelines of the state must be obtained by local governments.  The term "substantial development" means any development of which the total cost or fair market value exceeds $2,500, or any development which materially interferes with the normal public use of the water or shorelines of the state.  The public is put on notice of any applications for a substantial development permit made to a local government, through publication in a legal newspaper which is circulated within the area in which the development is proposed.

There are certain types of development which are not considered to be "substantial development," and persons who undertake those types of activities are not required to obtain a development permit.

Any person aggrieved by the granting, denying, or rescinding of a permit on shorelines of the state may seek review from the Shorelines Hearings Board.

SUMMARY:

Substantial activity which is precluded from obtaining a development permit includes geotechnical exploration conducted within the shorelines of the state.  The proposed activity must not interfere with the public use of the surface water, injure the shoreline, violate water quality standards established by the Department of Ecology, or create a public nuisance.

When a public agency seeks a substantial development permit, it shall submit its application to local government, to the department, and to the Attorney General simultaneously.  The department and the Attorney General shall submit written comments to the state agency and local government from whom the public agency seeks its permit, within 30 days of the last date of publication of public notice.

The department and the Attorney General may intervene in a Shorelines Hearings Board review of the granting, denial, or rescission of a permit.  In addition, they may seek review of an order granting a permit or an application to a state agency.  However, in both instances, they may do so only when they have submitted comments to the state agency and local government, or presented comments at a public hearing.  Only those objections which they raised by comment or presented at a public hearing held by a local government may be heard.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested