Washington State House of Representatives Office of Program Research	BILL ANALYSIS
Natural Resources Committee

HB 1936

Brief Description:  Allowing the residential owner of land that abuts state‑owned shoreland to anchor their boats to adjacent buoys.

Sponsors:  Representatives Quall, Morris, Linville, Grant, Sehlin, Doumit, Esser and Anderson.

Brief Summary of Bill

$Allows the owner of residential property abutting state-owned shorelands, tidelands, or related beds of navigable waters to anchor at buoys, without charge, a boat used for private recreational purposes.

Hearing Date:  2/23/01

Staff:  Jason Callahan (786‑7117).

Background: 

The Washington State Constitution declares that the beds and shores or all navigable waters in Washington are owned by the state.  The Legislature subsequently designated the Department of Natural Resources (DNR) as the steward of these lands.  The DNR acts as a proprietor, subject to legislative direction, of all state-owned aquatic lands and holds these lands in trust for all current and future residents of the state.

If a person owns a residence abutting state-owned navigable aquatic land, he or she may install and maintain a dock at no charge on the state-owned aquatic land.  This privilege is only allowed for docks used exclusively for private recreational purposes and on areas not subject to private rights.  Permission to build a dock is subject to applicable local regulations.  The DNR may revoke permission to maintain a dock if it is necessary to protect the waterward access or ingress of other landowners or the public health and safety.  If permission is revoked by the DNR, the affected landowner may appeal the decision through the Administrative Procedures Act.

Summary of Bill: 

The owner of residential property abutting state-owned shorelands, tidelands, or related beds of navigable waters is allowed to anchor a boat used for private recreational purposes at buoys without charge.  Permission is extended to areas designated by the Commissioner of Public Lands as an aquatic reserve. 

The permission to anchor boats above state-owned aquatic lands is similar to the permission to build a dock over aquatic lands.  The permission may be revoked by the DNR if it is necessary to protect the waterward access or ingress of other landowners or the public health and safety.  If permission is revoked by the DNR, the affected landowner may appeal the decision through the Administrative Procedures Act.

Nothing in the bill authorizes a boat owner to abandon a vessel at a buoy or elsewhere.

Appropriation:  None.

Fiscal Note:  Not Requested.

Effective Date:  Ninety days after adjournment of session in which bill is passed.