FINAL BILL REPORT

SHB 1783

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.

C 212 L 11

Synopsis as Enacted

Brief Description: Regarding houseboats and houseboat moorages.

Sponsors: House Committee on Local Government (originally sponsored by Representatives Pedersen, Upthegrove, Takko, Blake, Rodne, Smith, Carlyle, Fitzgibbon, Springer, Angel and Kenney).

House Committee on Local Government

Senate Committee on Natural Resources & Marine Waters

Background:

The Shoreline Management Act of 1971 (SMA) governs uses of state shorelines. The SMA enunciates state policy to provide for shoreline management by planning for and fostering all reasonable and appropriate uses. The SMA prioritizes public shoreline access and enjoyment and creates preference criteria that must be used by state and local governments in regulating shoreline uses. Preferred shoreline uses, as specified in the SMA, are uses that are consistent with the control of pollution and the prevention of damage to the natural environment, or are unique to or dependent upon use of the state's shoreline.

The SMA involves a cooperative regulatory approach between local governments and the state. At the local level, the SMA regulations are developed in city and county shoreline master programs (master programs) that regulate land use activities in shoreline areas of the state. Master programs must be consistent with guidelines adopted by the Department of Ecology (DOE). Master programs, and segments of or amendments to, become effective when approved by the DOE.

Summary:

Floating homes that were permitted or legally established before January 1, 2011, must be classified under the SMA as a conforming preferred use.

Applicable terms are defined. A "floating home" is a single-family dwelling unit constructed on a float that is moored, anchored, or otherwise secured in waters. Although a floating home may be capable of being towed, a floating home may not be a vessel. "Conforming preferred use" means that applicable development and master program regulations may only impose reasonable conditions and mitigation that will not effectively preclude the maintenance, repair, replacement, and remodeling of existing floating homes and moorages by rendering those actions impracticable.

Votes on Final Passage:

House

58

40

Senate

47

2

(Senate amended)

House

65

32

(House concurred)

Effective:

July 22, 2011