HOUSE BILL REPORT
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.
As Passed House:
February 13, 2008
Title: An act relating to authorizing structures in waterways.
Brief Description: Eliminating references to pierhead lines and regarding authorizing structures within waterways.
Sponsors: By Representatives Upthegrove, VanDeWege, Hinkle, Dickerson and Lantz; by request of Department of Natural Resources.
Brief History:
Ecology & Parks: 1/15/08, 1/18/08 [DP].
Floor Activity:
Passed House: 2/13/08, 96-0.
Brief Summary of Bill |
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HOUSE COMMITTEE ON ECOLOGY & PARKS
Majority Report: Do pass. Signed by 8 members: Representatives Upthegrove, Chair; Sump, Ranking Minority Member; Dickerson, Dunshee, Eickmeyer, Kristiansen, O'Brien and Pearson.
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 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.
Staff Summary of Public Testimony:
(In support) This bill will modernize language to create consistency with the current federal
process. Pierhead lines are no longer established by the Army Corps of Engineers. This bill
will not affect the DNR's leasing practices. All necessary federal permits from the Army
Corps of Engineers must still be obtained before a person has the right to apply for a use
permit from the DNR.
(Opposed) This bill is unconstitutional since the state can not assume jurisdiction over federal
waterways. This bill also takes away long-held riparian rights of upland owners.
Persons Testifying: (In support) Representative Upthegrove, prime sponsor; and Joe
Panesko and Fran McNair, Department of Natural Resources.
(Opposed) M. C. Halvorsen.