AN ACT Relating to flood plains; and amending RCW 86.16.010, 86.16.020, 86.16.031, and 86.16.041.

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

Sec. 1. Section 1, chapter 159, Laws of 1935 as amended by section 1, chapter 523, Laws of 1987 and RCW 86.16.010 are each amended to read as follows:

The legislature finds that the alleviation of recurring flood damages to public and private property and to the public health and safety is a matter of public concern. As an aid in effecting such alleviation the state of Washington, in the exercise of its sovereign and police powers, hereby assumes ((~~full~~)) regulatory control over the navigable and nonnavigable waters flowing or lying within the borders of the state subject always to the federal control of navigation, to the extent necessary to accomplish the objects of this chapter. In addition, in an effort to alleviate flood damage and expenditures of government funds, the federal government adopted the national flood insurance act of 1968 and subsequently the flood disaster protection act of 1973. The department of ecology is the state agency in Washington responsible for coordinating the flood plain management regulation elements aspects of the national flood insurance program.

Local governments may elect not to participate in the national flood insurance program and any local government which so elects shall not be subject to regulation by the state and the department of ecology pursuant to this chapter, except to the extent state and department of ecology regulation is necessary to prevent an action which would substantially increase the risk of flooding in other jurisdictions.

Sec. 2. Section 3, chapter 159, Laws of 1935 as last amended by section 1, chapter 64, Laws of 1989 and RCW 86.16.020 are each amended to read as follows:

State-wide flood plain management regulation shall be exercised through: (1) Participating local governments' administration of the national flood insurance program regulation requirements((~~, (2) the establishment of minimum state requirements for flood plain management that equal the minimum federal requirements for the national flood insurance program, and (3)~~)) in all or a portion of the one hundred year flood plain within the local government's jurisdiction; and (2) the issuance of regulatory orders which are necessary to prevent an action which would substantially increase the risk of flooding in other jurisdictions. This regulation shall be exercised over the planning, construction, operation and maintenance of any works, structures and improvements, private or public, which might, if improperly planned, constructed, operated and maintained, adversely influence the regimen of a stream or body of water or might adversely affect the security of life, health and property against damage by flood water.

Sec. 3. Section 3, chapter 523, Laws of 1987 as amended by section 3, chapter 64, Laws of 1989 and RCW 86.16.031 are each amended to read as follows:

The department of ecology shall:

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

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

(3) Provide technical assistance 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) When requested, provide assistance to local governments in enforcement actions against any individual or individuals performing activities within the flood plain that are not in compliance with local, and, if applicable, state((,)) or federal flood plain management requirements;

(6) Establish minimum state requirements that equal minimum federal requirements for the national flood insurance program applicable only to those local governments which have elected to participate in the national flood insurance program;

(7) Assist counties, cities, and towns in identifying the location of the one hundred year flood plain, and petitioning the federal government to alter its designations of where the one hundred year flood plain is located if the federally recognized location of the one hundred year flood plain is found to be inaccurate; and

(8) Establish minimum state requirements for specific flood plains that exceed the minimum federal requirements for the national flood insurance program, but only if: (a) The location of the one hundred year flood plain has been reexamined and is certified by the department as being accurate; (b) negotiations have been held with the affected county, city, or town over these regulations; (c) public input from the affected community has been obtained; and (d) the department makes a finding that these increased requirements are necessary due to local circumstances and general public safety in jurisdictions participating in the national flood insurance program or to prevent any action in nonparticipating jurisdictions that would substantially increase the risk of flooding in other jurisdictions.

Sec. 4. Section 4, chapter 523, Laws of 1987 as amended by section 4, chapter 64, Laws of 1989 and RCW 86.16.041 are each amended to read as follows:

(1) Beginning July 26, 1987, every county and incorporated city and town electing to participate in the national flood insurance program 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. Revocation or repeal of an existing flood plain management ordinance shall not be considered an amendment subject to department of ecology approval.

(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) The minimum requirements of the national flood insurance program only if the county or incorporated city and town is participating in the national flood insurance program; and

(c) The minimum state requirements adopted pursuant to RCW 86.16.031(8) that are applicable to the particular county, city, or town.