S-4456.1                   _______________________________________________

                                            SUBSTITUTE SENATE BILL 6032

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State of Washington                              53rd Legislature                             1994 Regular Session

By Senate Committee on Ecology & Parks (originally sponsored by Senators Winsley and Fraser)

Read first time 1/24/94.

Authorizing regulation of vegetation height on residential lots along shorelines.

          AN ACT Relating to regulating vegetation height along shorelines; and amending RCW 90.58.320.

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

        Sec. 1.  RCW 90.58.320 and 1971 ex.s. c 286 s 32 are each amended to read as follows:

(1) No permit shall be issued pursuant to this chapter for any new or expanded building or structure of more than thirty-five feet above average grade level on shorelines of the state that will obstruct the view of a substantial number of residences on areas adjoining such shorelines except where a master program does not prohibit the same and then only when overriding considerations of the public interest will be served.

(2) No person shall install or cause to be installed on property used for residential or commercial purposes on shorelines any ornamental vegetation which will significantly obstruct or restrict the view from existing residences on areas adjoining such shorelines.  For purposes of this subsection, ornamental vegetation shall include any type of plant introduced to the site by the owner or their agent, except vegetation introduced pursuant to a requirement for environmental mitigation or remediation.  Provided, that local government may include provisions in master programs establishing appropriate height and bulk standards for ornamental vegetation in residential and commercial areas of the shoreline that balance view protection and aesthetic considerations.  Where such provisions have been adopted they shall be deemed to provide compliance with this subsection.  The provisions of this subsection shall not apply to areas managed for open space, forestry, or agricultural purposes.

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