BILL REQ. #: S-1544.3
| State of Washington | 62nd Legislature | 2011 Regular Session |
READ FIRST TIME 02/21/11.
AN ACT Relating to shoreline structures in a master program adopted under the shoreline management act; adding a new section to chapter 90.58 RCW; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 (1) The legislature recognizes that there is
concern from property owners regarding legal status of existing legally
developed shoreline structures under updated shoreline master programs.
Significant concern has been expressed by residential property owners
during shoreline master program updates regarding the legal status of
existing shoreline structures that may not meet current standards for
new development.
(2) Engrossed House Bill No. 1653, enacted as chapter 107, Laws of
2010 clarified the status of existing structures in the shoreline area
under the growth management act prior to the update of shoreline
regulations. It is in the public interest to clarify the legal status
of these structures that will apply after shoreline regulations are
updated.
(3) Updated shoreline master programs must include provisions to
ensure that expansion, redevelopment, and replacement of existing
structures will result in no net loss of the ecological function of the
shoreline. Classifying existing structures as legally conforming will
not create a risk of degrading shoreline natural resources.
NEW SECTION. Sec. 2 A new section is added to chapter 90.58 RCW
to read as follows:
(1) New or amended master programs approved by the department on or
after September 1, 2011, may include the following:
(a) Principal residential structures that were legally established
and are used for a conforming use but that do not meet current
standards for: Setbacks, buffers, or yards; area; bulk; height; or
density may be considered a conforming structure in the master program;
and
(b) Redevelopment, expansion, change within the class of occupancy,
or replacement of the structure must be consistent with the master
program including no net loss of shoreline ecological functions.
(2) This section does not restrict the ability of a master program
to limit redevelopment, expansion, or replacement of over-water
structures or structures located in hazardous areas, such as a
floodplain or a geologically hazardous area.
(3) Nothing in this section affects application of other codes to
these structures.