H-1380 _______________________________________________
HOUSE BILL NO. 1780
_______________________________________________
State of Washington 51st Legislature 1989 Regular Session
By Representatives R. King, Ferguson, Nealey and Rasmussen
Read first time 2/3/89 and referred to Committee on Fisheries & Wildlife.
AN ACT Relating to food fish and the department of fisheries issuing a hydraulic permit for residential property; and amending RCW 75.20.100.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. Section 75.20.100, chapter 12, Laws of 1955 as last amended by section 1, chapter 272, Laws of 1988 and RCW 75.20.100 are each amended to read as follows:
In the
event that any person or government agency desires to construct any form of
hydraulic project or perform other work that will use, divert, obstruct, or
change the natural flow or bed of any of the salt or fresh waters of the state,
such person or government agency shall, before commencing construction or work
thereon and to ensure the proper protection of fish life, secure the written
approval of the department of fisheries or the department of wildlife as to the
adequacy of the means proposed for the protection of fish life. This approval
shall not be unreasonably withheld. The department of fisheries or the
department of wildlife shall grant or deny approval within forty-five calendar
days of the receipt of a complete application and notice of compliance with
any applicable requirements of the state environmental policy act, made in the
manner prescribed in this section. The applicant may document receipt of
application by filing in person or by registered mail. A complete application
for approval shall contain general plans for the overall project, complete
plans and specifications of the proposed construction or work within the mean
higher high water line in salt water or within the ordinary high water line in
fresh water, and complete plans and specifications for the proper protection of
fish life. The forty-five day requirement shall be suspended if (1) after ten
working days of receipt of the application, the applicant remains unavailable
or unable to arrange for a timely field evaluation of the proposed project; (2)
the site is physically inaccessible for inspection; or (3) the applicant
requests delay. Immediately upon determination that the forty-five day period
is suspended, the department of fisheries or the department of wildlife shall
notify the applicant in writing of the reasons for the delay. Approval is
valid for a period of up to five years from date of issuance. The permittee
must demonstrate substantial progress on construction of that portion of the
project relating to the approval within two years of the date of issuance. If
either the department of fisheries or the department of wildlife denies
approval, that department shall provide the applicant, in writing, a statement
of the specific reasons why and how the proposed project would adversely affect
fish life. Protection of fish life shall be the only ground upon which
approval may be denied or conditioned. Chapter ((34.04)) 34.05
RCW applies to any denial of project approval, conditional approval, or
requirements for project modification upon which approval may be contingent.
If any person or government agency commences construction on any hydraulic
works or projects subject to this section without first having obtained written
approval of the department of fisheries or the department of wildlife as to the
adequacy of the means proposed for the protection of fish life, or if any
person or government agency fails to follow or carry out any of the
requirements or conditions as are made a part of such approval, the person or
director of the agency is guilty of a gross misdemeanor. If any such person or
government agency is convicted of violating any of the provisions of this
section and continues construction on any such works or projects without fully
complying with the provisions hereof, such works or projects are hereby
declared a public nuisance and shall be subject to abatement as such.
For the purposes of this section and RCW 75.20.103, "bed" shall mean the land below the ordinary high water lines of state waters. This definition shall not include irrigation ditches, canals, storm water run-off devices, or other artificial watercourses except where they exist in a natural watercourse that has been altered by man.
The phrase "to construct any form of hydraulic project or perform other work" shall not include the act of driving across an established ford. Driving across streams or on wetted stream beds at areas other than established fords requires approval. Work within the ordinary high water line of state waters to construct or repair a ford or crossing requires approval.
For each application, the department of fisheries and the department of wildlife shall mutually agree on whether the department of fisheries or the department of wildlife shall administer the provisions of this section, in order to avoid duplication of effort. The department designated to act shall cooperate with the other department in order to protect all species of fish life found at the project site. If the department of fisheries or the department of wildlife receives an application concerning a site not in its jurisdiction, it shall transmit the application to the other department within three days and notify the applicant.
In case of an emergency arising from weather or stream flow conditions or other natural conditions, the department of fisheries or department of wildlife, through their authorized representatives, shall issue immediately upon request oral approval for removing any obstructions, repairing existing structures, restoring stream banks, or to protect property threatened by the stream or a change in the stream flow without the necessity of obtaining a written approval prior to commencing work. Conditions of an oral approval shall be reduced to writing within thirty days and complied with as provided for in this section. Oral approval shall be granted immediately upon request, for a stream crossing during an emergency situation.
This section shall not apply to the construction of any form of hydraulic project or other work which diverts water for agricultural irrigation or stock watering purposes authorized under or recognized as being valid by the state's water codes, or when such hydraulic project or other work is associated with streambank stabilization to protect farm and agricultural land as defined in RCW 84.34.020. These irrigation or stock watering diversion and streambank stabilization projects shall be governed by RCW 75.20.103.
This chapter shall not apply to any activity related to the construction, repair, or modification of bulkheads, docks, or pilings for residential property.