HB 1194 - S AMD TO LAW COMM AMD (S2413.1)297
By Senators Parlette, Kline, Padden
ADOPTED 04/17/2013
On page 2, beginning on line 8 of the amendment, strike all of
subsection (5) and insert the following:
"(5) A landowner whose land is used for a habitat project that is
included on a habitat project list, and who has received notice from
the project sponsor that the conditions of this section have been met,
may not be held civilly liable for any property damages resulting from
the habitat project regardless of whether or not the project was funded
by the salmon recovery funding board. This subsection is subject to
the following conditions:
(a) The project was designed by a licensed professional engineer
(PE) or a licensed geologist (LG, LEG, or LHG) with experience in
riverine restoration;
(b) The project is designed to withstand one-hundred year floods;
(c) The project is not located within one-quarter mile of an
established downstream boat launch;
(d) The project is designed to allow adequate response time for in-river boaters to safely evade in-stream structures; and
(e) If the project includes large wood placement, each individual
root wad and each log larger than ten feet long and one foot in
diameter must be visibly tagged with a unique numerical identifier that
will withstand typical river conditions for at least three years.EFFECT: Removes liability for landowners whose land is used for
a habitat project subject to certain conditions.