Washington SB 5125: Affirming the process for disposing of dredged materials for federal navigation channel maintenance and improvement.

Bill Text

AN ACT Relating to affirming the process for disposing of dredged 1
materials for federal navigation channel maintenance and improvement; 2
and amending RCW 90.58.140, 90.58.355, and 90.58.356.3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
Sec. 1. RCW 90.58.140 and 2019 c 225 s 1 are each amended to 5
read as follows:6
(1) A development shall not be undertaken on the shorelines of 7
the state unless it is consistent with the policy of this chapter 8
and, after adoption or approval, as appropriate, the applicable 9
guidelines, rules, or master program.10
(2) A substantial development shall not be undertaken on 11
shorelines of the state without first obtaining a permit from the 12
government entity having administrative jurisdiction under this 13
chapter.14
A permit shall be granted:15
(a) From June 1, 1971, until such time as an applicable master 16
program has become effective, only when the development proposed is 17
consistent with: (i) The policy of RCW 90.58.020; and (ii) after 18
their adoption, the guidelines and rules of the department; and (iii) 19
so far as can be ascertained, the master program being developed for 20
the area;21
S-0198.1
SENATE BILL 5125
State of Washington 67th Legislature 2021 Regular Session
By Senators Cleveland, Short, and Wilson, C.
Prefiled 01/08/21. Read first time 01/11/21. Referred to Committee
on Environment, Energy & Technology.
p. 1 SB 5125

(b) After adoption or approval, as appropriate, by the department 1
of an applicable master program, only when the development proposed 2
is consistent with the applicable master program and this chapter.3
(3) The local government shall establish a program, consistent 4
with rules adopted by the department, for the administration and 5
enforcement of the permit system provided in this section. The 6
administration of the system so established shall be performed 7
exclusively by the local government.8
(4) Except as otherwise specifically provided in subsection (11) 9
of this section, the local government shall require notification of 10
the public of all applications for permits governed by any permit 11
system established pursuant to subsection (3) of this section by 12
ensuring that notice of the application is given by at least one of 13
the following methods:14
(a) Mailing of the notice to the latest recorded real property 15
owners as shown by the records of the county assessor within at least 16
three hundred feet of the boundary of the property upon which the 17
substantial development is proposed;18
(b) Posting of the notice in a conspicuous manner on the property 19
upon which the project is to be constructed; or20
(c) Any other manner deemed appropriate by local authorities to 21
accomplish the objectives of reasonable notice to adjacent landowners 22
and the public.23
The notices shall include a statement that any person desiring to 24
submit written comments concerning an application, or desiring to 25
receive notification of the final decision concerning an application 26
as expeditiously as possible after the issuance of the decision, may 27
submit the comments or requests for decisions to the local government 28
within thirty days of the last date the notice is to be published 29
pursuant to this subsection. The local government shall forward, in a 30
timely manner following the issuance of a decision, a copy of the 31
decision to each person who submits a request for the decision.32
If a hearing is to be held on an application, notices of such a 33
hearing shall include a statement that any person may submit oral or 34
written comments on an application at the hearing.35
(5) The system shall include provisions to assure that 36
construction pursuant to a permit will not begin or be authorized 37
until twenty-one days from the date the permit decision was filed as 38
provided in subsection (6) of this section; or until all review 39
proceedings are terminated if the proceedings were initiated within 40
p. 2 SB 5125

twenty-one days from the date of filing as defined in subsection (6) 1
of this section except as follows:2
(a) In the case of any permit issued to the state of Washington, 3
department of transportation, for the construction and modification 4
of SR 90 (I-90) on or adjacent to Lake Washington, the construction 5
may begin after thirty days from the date of filing, and the permits 6
are valid until December 31, 1995;7
(b)(i) In the case of any permit or decision to issue any permit 8
to the state of Washington, department of transportation, for the 9
replacement of the floating bridge and landings of the state route 10
number 520 Evergreen Point bridge on or adjacent to Lake Washington, 11
the construction may begin twenty-one days from the date of filing. 12
Any substantial development permit granted for the floating bridge 13
and landings is deemed to have been granted on the date that the 14
local government's decision to grant the permit is issued. This 15
authorization to construct i