BILL ANALYSIS

HB  3031

TITLE OF THE BILL:  Integrating permitting for development on shorelines not of state-wide significance into the growth management act.

Brief Summary:

C     Defines critical areas under Growth Management Act to include "shorelines" as                defined in Shoreline Management Act (SMA).

C     Specifies development on shorelines other than shorelines of state-wide significance         is governed under GMA critical areas and land use ordinances rather than under              Shoreline Management Act (SMA) master programs.

C     Applies Land Use Petition Act process to permit appeals for shorelines other than           shorelines of state-wide significance (instead of SMA appeals process).

C     Applies SMA appeals process only to permits for development on shorelines of state-      wide significance (instead of shorelines of the state).

SPONSORS:    Representatives Mulliken, Doumit and Hatfield.

HEARING DATE:  Monday, January 31, 2000.

EFFECTIVE DATE:  Ninety days after adjournment of session in which bill is passed.

FISCAL NOTE:  Requested on January 26, 2000.

ANALYSIS PREPARED BY:  Caroleen Dineen (786-7156).

BACKGROUND:

Shoreline Management Act

The Shoreline Management Act (SMA) was enacted in 1971 as Chapter 90.58 RCW.  The SMA requires counties and cities to adopt local shoreline master programs regulating land use activities in shorelines of the state and to enforce approved programs within their jurisdictions. AShorelines of the state@ are defined to  include both "shorelines" and "shorelines of statewide significance" as defined by the SMA.  "Shorelines" are defined to include all water areas, including reservoirs, and their associated Ashorelands@ except:

!shorelines of statewide significance [separately defined to include specific shoreline areas and larger lakes and rivers meeting specified criteria];

!shorelines (and their wetlands) on segments of streams upstream of a point at which the mean annual flow is less than or equal to 20 cubic feet per second (cfs); and

!shorelines (and their wetlands) on lakes fewer than 20 acres in size.

"Shorelands" include the lands extending landward for 200 feet in all directions from the ordinary high water mark as well as floodways and contiguous floodplain areas landward 200 feet from the floodways.  "Shorelands" also include all wetlands and river deltas associated with streams, lakes and tidal waters subject to the SMA.

The SMA also requires the Department of Ecology (DOE) to adopt guidelines for local governments to use when developing these local shoreline master programs. Local governments must develop or amend shoreline master programs consistent with the DOE Guidelines within 24 months after the DOE Guidelines are adopted. The  SMA defines the Astate master program@ as the cumulative total of all local master programs approved by the DOE.

The DOE considers the adopted Guidelines and SMA requirements when reviewing and approving local shoreline master programs.  DOE=s decision approving or rejecting a local shoreline master program may be appealed to the Shorelines Hearings Board for non-GMA jurisdictions or to the Growth Management Hearings Board for GMA jurisdictions.

When approved, a local master program regulates shoreline uses and permit approvals within the local jurisdiction.  The SMA requires a property owner or developer to obtain a substantial development permit for certain developments within shorelines areas.  "Substantial developments" are defined to include both developments with total cost or fair market value exceeding $2,500 and developments materially interfering with normal public shoreline use.  Certain exemptions exist to the substantial development permit requirement, including specified activities relating to repair or maintenance, bulkhead construction, or single-family residence construction.  The SMA requires local master programs to allow for variances and conditional use permits to avoid creating unnecessary hardships or thwarting SMA policies. 

The SMA specifies standards for local governments to review and approve permit applications.  In addition to other requirements, local governments must notify the DOE of all SMA permit decisions.  The DOE has authority to approve conditional use and variance permits issued by local governments. 

Appeals of shoreline permit decisions and DOE rules and regulations are reviewed by the shorelines hearings board.  The shorelines hearings board reviews permit decisions "de novo," meaning the proceedings are not limited to a review of the local government record (as with growth management hearings board appeals) but can involve testimony and other proceedings. 

Growth Management Act

The Growth Management Act (GMA) was enacted in 1990 and 1991 as Chapter 36.70A RCW.  The GMA requires certain counties and the cities in those counties to plan according to statutory requirements and specifies other counties may choose to plan under the GMA.  All jurisdictions must designate natural resource lands and designate and protect critical areas, regardless of whether they plan under the GMA.  ACritical areas@ are defined in the GMA to include wetlands, aquifer recharge areas, fish and wildlife habitat  conservation areas, frequently flooded areas, and geologically hazardous areas.

Among other requirements, each county and city planning under RCW 36.70A.040 (GMA jurisdiction) is required to designate urban growth areas and to adopt a comprehensive plan.  GMA jurisdictions must also adopt development regulations to implement their comprehensive plans.  By September 1, 2002, and at least every five years thereafter, GMA jurisdictions are required to review their comprehensive plans and development regulations for consistency with GMA requirements and to revise their comprehensive plans and development regulations if necessary.

Legislation enacted in 1995 specified SMA master program goals and policies are considered an element of GMA comprehensive plans and other parts of master programs are considered part of GMA development regulations.  The 1995 legislation also established a process for appealing development permit decisions to superior court.  The Land Use Petition Act (LUPA) enacted in 1995 replaced the traditional writ of certiorari procedure with an appeal process including specified timelines and other requirements.

SUMMARY:

Critical areas designated under the Growth Management Act (GMA) are defined to include Ashorelines@ as defined in the Shoreline Management Act (SMA).   Development on shorelines other than shorelines of state-wide significance is governed under GMA critical areas and land use ordinances rather than SMA

master programs.

Appeals of permit decisions related to development of shorelines as defined in the GMA are appealed directly superior court through the Land Use Petition Act (LUPA) process.  The appeals process specified by the SMA applies only to permit decisions related to development proposals on shorelines of state-wide significance.