AN
ACT Relating to accessory buildings and structures within the flood plain; and
amending RCW 86.16.041.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
86.16.041 and 1999 c 9 s 1 are each amended to read as follows:
(1)
Beginning July 26, 1987, every county and incorporated city and town 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, repair, or replacement 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.)) Any project for improvement of a structure to
correct existing violations of state or local health, sanitary, or safety code
specifications that have been identified by the local code or building
enforcement official and which are the minimum necessary to ensure safe living
conditions shall not be included in the fifty percent determination.
However, the floodway prohibition in this subsection does not apply to existing
farmhouses in designated floodways that meet the provisions of subsection (3)
of this section, or to substantially damaged residential structures other
than farmhouses that meet the depth and velocity and erosion analysis in
subsection (4) of this section, or to structures identified as historic places;
(b)
The minimum requirements of 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.
(3)
Repairs, reconstruction, replacement, or improvements to existing farmhouse
structures located in designated floodways and which are located on lands
designated as agricultural lands of long-term commercial significance under RCW
36.70A.170 shall be permitted subject to the following:
(a)
The new farmhouse is a replacement for an existing farmhouse on the same farm
site;
(b)
There is no potential building site for a replacement farmhouse on the same
farm outside the designated floodway;
(c)
Repairs, reconstruction, or improvements to a farmhouse shall not increase the
total square footage of encroachment of the existing farmhouse;
(d)
A replacement farmhouse shall not exceed the total square footage of encroachment
of the ((structure)) farmhouse it is replacing;
(e)
A farmhouse being replaced shall be removed, in its entirety, including
foundation, from the floodway within ninety days after occupancy of a new
farmhouse;
(f)
For substantial improvements, and replacement farmhouses, the elevation of the
lowest floor of the improvement and farmhouse respectively, including basement,
is a minimum of one foot higher than the base flood elevation;
(g)
New and replacement water supply systems are designed to eliminate or minimize
infiltration of flood waters into the system;
(h)
New and replacement sanitary sewerage systems are designed and located to
eliminate or minimize infiltration of flood water into the system and discharge
from the system into the flood waters; and
(i)
All other utilities and connections to public utilities are designed,
constructed, and located to eliminate or minimize flood damage.
(4)
((Replacement home siting other than farmhouses must evaluate flood depth,
flood velocity, and flood-related erosion, in order to identify a building site
that offers the least risk of harm to life and property.
(5))) For
all ((other)) substantially damaged residential structures other
than farmhouses that are located in a designated floodway ((and damaged
by flooding or flood-related erosion)), the department, at the request
of the town, city, or county with land use authority over the structure, is
authorized to assess the risk of harm to life and property posed by the
specific conditions of the floodway, and, based upon scientific analysis of
depth, velocity, and flood-related erosion, may exercise best professional
judgment in recommending to the permitting authority, repair, replacement, or
relocation of such damaged structures. The effect of the department's
recommendation, with the town, city, or county's concurrence, to allow
repair or replacement of a ((flood-damaged residence)) substantially
damaged residential structure within the designated floodway is a waiver of
the floodway prohibition.
(((6)))
(5) The department shall develop a rule or rule amendment guiding the
assessment procedures and criteria described in subsections (3)((,)) and
(4)((, and (5))) of this section no later than December 31, ((1999))
2000.
(((7))) (6) For the purposes of this section,
"farmhouse" means a single-family dwelling ((locating [located]))
located on a farm site where resulting agricultural products are not
produced for the primary consumption or use by the occupants and the farm
owner.
