Washington State
House of Representatives
Office of Program Research
BILL
ANALYSIS

Ecology & Parks Committee

HB 2469


This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Eliminating references to pierhead lines and regarding authorizing structures within waterways.

Sponsors: Representatives Upthegrove, VanDeWege, Hinkle and Dickerson; by request of Department of Natural Resources.

Brief Summary of Bill
  • Eliminates reference to federal pierhead lines in describing the area of federal regulatory authority in waterways.

Hearing Date: 1/15/08

Staff: Jaclyn Ford (786-7339).

Background:

Federal pierhead lines were established by the Secretary of the Army to protect harbors. A pierhead line is the authorized waterward limit of any in-water structure such as docks, piers, gangways, ramps, groins, jetties or any other structure projecting from the shoreline. The federal waterways are maintained by the Army Corps of Engineers under the Rivers and Harbors Acts. Regardless of pierhead lines, any plans to build in or modify waterways must receive a permit by the Army Corps of Engineers [33 USC 403].

In addition to the permit given by the federal government, all plans must be permitted by the Department of Natural Resources (DNR). The permit given by the DNR determines all the terms and conditions of the project and can be for no longer than 30 years [RCW 79.120.040].

Summary of Bill:

In state waterways, the jurisdiction of the United States federal government over navigable waters is described without referring to pierhead lines. The DNR may cancel any permit after 60 days' notice if a waterway is required for public highway purposes.

Appropriation: None.

Fiscal Note: Not requested.

Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.