Washington Administrative Code
Title 332 - Natural Resources, Board and Department of (See also Title 222)
Chapter 332-30 - Aquatic land management
Section 332-30-116 - Harbor line relocation
Universal Citation: WA Admin Code 332-30-116
Current through Register Vol. 24-18, September 15, 2024
Harbor areas are established to meet the needs of navigation and commerce. Harbor line relocations must be consistent with this purpose.
(1) Harbor line relocations should:
(a)
Maintain or enhance the type and amount of harbor area needed to meet
long-term needs of water dependent commerce; and
(b) Maintain adequate space for
navigation beyond the outer harbor line.
(2) When in agreement with the above guidelines, consideration of harbor line relocations should include:
(a) Plans and development
guidelines of public ports, counties, cities, and other local, state,
and federal agencies;
(b)
Economic and environmental impacts;
(c) Public access to the
waterfront;
(d) Indian
treaty rights;
(e)
Cumulative impacts of similar relocations on water dependent
commerce; and
(f) The
precedent setting effect on other harbor areas.
(3) Procedure.
(a) Upon receipt of a completed
harbor line relocation proposal form and SEPA checklist (if
necessary), department of natural resources staff shall arrange for a
public hearing.
(b)
Notice of the hearing shall be mailed at least thirty days in advance
to the concerned city, county, port district, interest groups,
adjacent tide, shore or upland owners and others who indicate
interest; and shall be published at least twenty days in advance in a
local newspaper of general circulation.
(c) The hearing, conducted by a
hearings officer, shall be held in the county in which the relocation
is proposed. Department staff shall present the proposal and
preliminary recommendations. The hearing shall be recorded.
(d) Comments may be submitted at
the hearing or mailed to the department. Written comments must be
postmarked no later than fourteen days after the hearing.
(e) Department of natural resources
staff will finalize SEPA compliance (if necessary) and prepare a
final report of recommendations to the harbor line
commission.
(f) No later
than sixty days after the date of the public hearing, the harbor line
commission shall consider the staff report and public comments, then
approve, modify or deny the relocation. A copy of the commission's
resolution shall be sent within ten days to the proponent, the city,
county, port district and other parties who have requested
it.
Statutory Authority: Chapter 79.92 RCW. 83-21-004 (Order 404, Resolution No. 433), § 332-30-116, filed 10/6/83.
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