H-996                _______________________________________________

                                                   HOUSE BILL NO. 1651

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

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

Read first time 2/1/89 and referred to Committee on Environmental Affairs. Referred 2/3/89 to Committee on Local Government.

AN ACT Relating to flood plains; and amending RCW 86.16.031 and 86.16.041.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 3, chapter 523, Laws of 1987 and RCW 86.16.031 are each amended to read as follows:

          The department of ecology shall:

          (1) Review and approve ((all)) county, city, or town flood plain management ordinances pursuant to RCW 86.16.041;

          (2) Provide guidance and assistance, when requested, to local governments in development and amendment of their flood plain management ordinances;

          (3) Provide technical assistance, when requested, to local governments in the administration of their flood plain management ordinances;

          (4) Provide local governments and the general public with information related to the national flood insurance program;

          (5) Provide assistance, when requested, to local governments in enforcement actions against any individual or individuals performing activities within the flood plain that are not in compliance with local, state, or federal flood plain management requirements;

          (6) Assume regulatory authority for flood plain management activities in the event of failure by the local government to comply with the requirements of this chapter; and

          (7) Establish minimum state requirements that equal ((or exceed)) the minimum federal requirements for the national flood insurance program.

        Sec. 2.  Section 4, chapter 523, Laws of 1987 and RCW 86.16.041 are each amended to read as follows:

          (1) Beginning July 26, 1987, every county and incorporated city and town that elect to participate in flood plain management at the state level shall submit to the department of ecology any new flood plain management ordinance or amendment to any existing flood plain management ordinance.  Such ordinance or amendment shall take effect thirty days from filing with the department unless the department disapproves such ordinance or amendment within that time period.

          (2) The department may disapprove any ordinance or amendment submitted to it under subsection (1) of this section if it finds that an ordinance or amendment does not comply with any of the following:

          (a) Restriction of land uses within designated floodways including the prohibition of construction or reconstruction of residential structures except for:  (i) Repairs, reconstruction, or improvements to a structure which do not increase the ground floor area; and (ii) repairs, reconstruction, or improvements to a structure the cost of which does not exceed fifty percent of the market value of the structure either, (A) before the repair, reconstruction, or repair is started, or (B) if the structure has been damaged, and is being restored, before the damage occurred.  Work done on structures to comply with existing health, sanitary, or safety codes or to structures identified as historic places shall not be included in the fifty percent determination;

          (b) Floodproofing or elevating lowest floor levels for nonresidential structures;

          (c) Elevating lowest floor levels for residential structures;

          (d) The minimum requirements of the national flood insurance program; or

          (e) Any minimum state requirements established by rule by the department of ecology.