Passed by the House February 23, 2007 Yeas 93   FRANK CHOPP ________________________________________ Speaker of the House of Representatives Passed by the Senate April 10, 2007 Yeas 49   BRAD OWEN ________________________________________ President of the Senate | I, Richard Nafziger, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is HOUSE BILL 1412 as passed by the House of Representatives and the Senate on the dates hereon set forth. RICHARD NAFZIGER ________________________________________ Chief Clerk | |
Approved April 21, 2007, 10:44 a.m. CHRISTINE GREGOIRE ________________________________________ Governor of the State of Washington | April 23, 2007 Secretary of State State of Washington |
State of Washington | 60th Legislature | 2007 Regular Session |
Read first time 01/18/2007. Referred to Committee on Local Government.
AN ACT Relating to providing a one-year extension for shoreline master program updates in RCW 90.58.080; and amending RCW 90.58.080.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 90.58.080 and 2003 c 262 s 2 are each amended to read
as follows:
(1) Local governments shall develop or amend a master program for
regulation of uses of the shorelines of the state consistent with the
required elements of the guidelines adopted by the department in
accordance with the schedule established by this section.
(2)(a) Subject to the provisions of subsections (5) and (6) of this
section, each local government subject to this chapter shall develop or
amend its master program for the regulation of uses of shorelines
within its jurisdiction according to the following schedule:
(i) On or before December 1, 2005, for the city of Port Townsend,
the city of Bellingham, the city of Everett, Snohomish county, and
Whatcom county;
(ii) On or before December 1, 2009, for King county and the cities
within King county greater in population than ten thousand;
(iii) Except as provided by (a)(i) and (ii) of this subsection, on
or before December 1, 2011, for Clallam, Clark, Jefferson, King,
Kitsap, Pierce, Snohomish, Thurston, and Whatcom counties and the
cities within those counties;
(iv) On or before December 1, 2012, for Cowlitz, Island, Lewis,
Mason, San Juan, Skagit, and Skamania counties and the cities within
those counties;
(v) On or before December 1, 2013, for Benton, Chelan, Douglas,
Grant, Kittitas, Spokane, and Yakima counties and the cities within
those counties; and
(vi) On or before December 1, 2014, for Adams, Asotin, Columbia,
Ferry, Franklin, Garfield, Grays Harbor, Klickitat, Lincoln, Okanogan,
Pacific, Pend Oreille, Stevens, Wahkiakum, Walla Walla, and Whitman
counties and the cities within those counties.
(b) Nothing in this subsection (2) shall preclude a local
government from developing or amending its master program prior to the
dates established by this subsection (2).
(3)(a) Following approval by the department of a new or amended
master program, local governments required to develop or amend master
programs on or before December 1, 2009, as provided by subsection
(2)(a)(i) and (ii) of this section, shall be deemed to have complied
with the schedule established by subsection (2)(a)(iii) of this section
and shall not be required to complete master program amendments until
seven years after the applicable dates established by subsection
(2)(a)(iii) of this section. Any jurisdiction listed in subsection
(2)(a)(i) of this section that has a new or amended master program
approved by the department on or after March 1, 2002, but before July
27, 2003, shall not be required to complete master program amendments
until seven years after the applicable date provided by subsection
(2)(a)(iii) of this section.
(b) Following approval by the department of a new or amended master
program, local governments choosing to develop or amend master programs
on or before December 1, 2009, shall be deemed to have complied with
the schedule established by subsection (2)(a)(iii) through (vi) of this
section and shall not be required to complete master program amendments
until seven years after the applicable dates established by subsection
(2)(a)(iii) through (vi) of this section.
(4) Local governments shall conduct a review of their master
programs at least once every seven years after the applicable dates
established by subsection (2)(a)(iii) through (vi) of this section.
Following the review required by this subsection (4), local governments
shall, if necessary, revise their master programs. The purpose of the
review is:
(a) To assure that the master program complies with applicable law
and guidelines in effect at the time of the review; and
(b) To assure consistency of the master program with the local
government's comprehensive plan and development regulations adopted
under chapter 36.70A RCW, if applicable, and other local requirements.
(5) Local governments are encouraged to begin the process of
developing or amending their master programs early and are eligible for
grants from the department as provided by RCW 90.58.250, subject to
available funding. Except for those local governments listed in
subsection (2)(a)(i) and (ii) of this section, the deadline for
completion of the new or amended master programs shall be two years
after the date the grant is approved by the department. Subsequent
master program review dates shall not be altered by the provisions of
this subsection.
(6)(a) Grants to local governments for developing and amending
master programs pursuant to the schedule established by this section
shall be provided at least two years before the adoption dates
specified in subsection (2) of this section. To the extent possible,
the department shall allocate grants within the amount appropriated for
such purposes to provide reasonable and adequate funding to local
governments that have indicated their intent to develop or amend master
programs during the biennium according to the schedule established by
subsection (2) of this section. Any local government that applies for
but does not receive funding to comply with the provisions of
subsection (2) of this section may delay the development or amendment
of its master program until the following biennium.
(b) Local governments with delayed compliance dates as provided in
(a) of this subsection shall be the first priority for funding in
subsequent biennia, and the development or amendment compliance
deadline for those local governments shall be two years after the date
of grant approval.
(c) Failure of the local government to apply in a timely manner for
a master program development or amendment grant in accordance with the
requirements of the department shall not be considered a delay
resulting from the provisions of (a) of this subsection.
(7) Notwithstanding the provisions of this section, all local
governments subject to the requirements of this chapter that have not
developed or amended master programs on or after March 1, 2002, shall,
no later than December 1, 2014, develop or amend their master programs
to comply with guidelines adopted by the department after January 1,
2003.
(8) Local governments may be provided an additional year beyond the
deadlines in this section to complete their master program or
amendment. The department shall grant the request if it determines
that the local government is likely to adopt or amend its master
program within the additional year.