FINAL BILL REPORT

SHB 1862

                                   C 75 L 88

BYHouse Committee on Natural Resources (originally sponsored by Representatives Cole, Winsley, Sayan, Basich, Scott, Holland, Lux, Wineberry, Belcher, Nutley, Walker, Valle, Haugen, Dorn, Locke, Spanel, Anderson, K. Wilson, Jacobsen, Brekke, Nelson, Leonard and Fisher)

Providing for plans for the use of local beaches.

House Committe on Natural Resources

Senate Committee on Environment & Natural Resources

SYNOPSIS AS ENACTED

BACKGROUND:

Washington's ocean beaches have been used as highways for centuries.  In recognition of their importance, in the early 1900's the Washington Legislature declared ocean beaches to be public highways that shall remain forever open for public use.

In more recent times, the ocean beaches have grown in popularity as recreational areas.  In 1967, the recreational value of the beaches was recognized by the Legislature, and a Seashore Conservation Area was established consisting of all state-owned and controlled ocean beaches.  The act mandated that the beaches be preserved in their present states, be maintained in the best possible condition for public use, and that all forms of outdoor recreation be permitted, unless specifically excluded or limited by the state Parks and Recreation Commission.

The potential for conflict between motorized vehicles and other ocean resources and uses, such as clam beds and pedestrian use, was recognized in the act.  The Parks and Recreation Commission was provided the authority to place restrictions on vehicle use.  In two recent court cases, judges have ruled that the commission's authority is limited to temporary vehicle closures to protect specified resources.

As the number of pedestrians and vehicles using the beaches has increased, a growing number of individuals have argued that driving should be prohibited on the beaches.  As a result, a number of different legislative bills have been introduced to permanently close all, or specified stretches of the beaches to vehicle use.

Beach driving currently occurs, with several exceptions, from the southern boundary of the Quinault Indian Reservation to the Columbia River.

SUMMARY:

The development of Recreational Management Plans is mandated.  The plans are to be written by coastal cities and counties, with the state Parks and Recreation Commission having final approval authority.  If a local government does not submit a plan to the commission by September 1, 1989, the commission will develop a plan for the beach under the local government's jurisdiction.

The plans must reserve 40 percent of the land area subject to the plan for pedestrian use from April 15 to the day after Labor Day.  If local governments desire, more than 40 percent of the plan's land area may be reserved for pedestrian use.  Pedestrian use is defined as non-motorized use.

Exceptions may be made to:  facilitate clam digging; accommodate organized recreational events of not more than seven consecutive days; provide for wood removal; and accommodate the removal of sand in certain cases.

When developing and approving the plans, local governments and the commission shall consider public safety, the state-wide interest in the recreational use of the ocean beaches, the protection of vegetation and habitat, economic impacts, public access, and parking.

The state Parks and Recreation Commission may require that plans allow only pedestrian use on lands adjoining national wildlife refuges and state parks.  These closures to motorized use may be included in a plan's 40 percent pedestrian-use requirement.

The adoption of a single plan for each of the three ocean beaches (North Beach, South Beach, and Long Beach) is encouraged.  Local governments with jurisdiction on the same beach may cooperatively develop one plan for their respective beach.

Procedures are provided for amending a plan and for appealing the commission's decision on a plan.

VOTES ON FINAL PASSAGE:

      House 80  12

      Senate    46     2

EFFECTIVE:January 1, 1989