Current through Register Vol. 24-18, September 15, 2024
(1) Moorage facilities developed on
aquatic lands should meet the following design criteria:
(a) Moorage shall be designed so as
to be compatible with the local environment and to minimize adverse
esthetic impacts.
(b)
Open moorage is preferred in relatively undeveloped areas and
locations where view preservation is desirable, and/or where leisure
activities are prevalent.
(c) Covered moorage may be
considered in highly developed areas and locations having a
commercial environment.
(d) Enclosed moorage should be
confined to areas of an industrial character where there is a minimum
of esthetic concern.
(e)
In general, covered moorage is preferred to enclosed moorage and open
moorage is preferred to covered moorage.
(f) View encumbrance due to
enclosed moorage shall be avoided in those areas where views are an
important element in the local environment.
(g) In order to minimize the impact
of moorage demand on natural shorelines, large marina developments in
urban areas should be fostered in preference to numerous small
marinas widely distributed.
(h) The use of floating breakwaters
shall be considered as protective structures before using solid
fills.
(i) Dry moorage
facilities (stacked dry boat storage) shall be considered as an
alternative to wet storage in those locations where such storage
will:
(i) Significantly reduce
environmental or land use impacts within the water area of the
immediate shoreline.
(ii)
Reduce the need for expansion of existing wet storage when such
expansion would significantly impact the environment or adjacent land
use.
(2) Anchorages suitable for use by
transient, recreational boaters will be identified and established by
the department in appropriate locations so as to provide additional
moorage space.
(3) Upland
sewage disposal approved by local government and appropriate state
agencies is required for all vessels used as a residence.
(4) The department shall work with
federal, state, local government agencies and other groups to
determine acceptable locations for marina development, properly
distributed to meet projected public need for the period 1980 to
2010.
(5) The department
may lease open water moorage and anchorage areas only to local
governments that have authorized the establishment of open water
moorage and anchorage areas in their local Shoreline Master Programs
within five years of the effective date of this rule. With the
department's approval, the local government lessee may install
mooring buoys or other floating moorage devices, designate anchorage
locations, sublease moorage and anchorage in the area, collect rent
and fees for such moorage and anchorage, and otherwise manage the
area as a moorage facility. All open water moorage and anchorage
areas must meet the following requirements:
(a) Open water moorage and
anchorage areas must meet all relevant requirements normally
applicable to a marina lease, which may include the placement,
design, limitation on the number of vessels or floating houses, and
operation of the area and any improvements within the area, payment
of rent to the department, consideration of navigational and
environmental impacts, and all other applicable permits and other
requirements of law.
(b)
Open water moorage and anchorage areas may not be in a harbor area
nor in any location or configuration that would interfere with
water-borne commerce and navigation.
(c) The leasing of state-owned
aquatic lands for open water moorage and anchorage areas is subject
to all preferences accorded upland, tideland, or shoreland owners in
RCW 79.125.400,
79.125.460,
79.125.410,
79.130.010, and WAC
332-30-122.
(d) Any vessel used for residential
use or floating house in an open water moorage and anchorage area
must comply with WAC
332-30-171.
(e) Except for nongrandfathered
floating house moorage as defined in WAC
332-30-171(7)(a)(ii),
nonwater-dependent uses and commercial uses are prohibited in open
water moorage and anchorage areas. Uses prohibited by this subsection
(e) are allowed when necessary because of an emergency that
immediately threatens human life or property, for the duration of the
emergency only.
The department will not lease an open water moorage
and anchorage area to an entity other than a local government agency.
This restriction shall not affect use authorizations to public or
private entities for mooring buoys, aquaculture net pens, or other
floating structures otherwise allowed by law.
Statutory Authority:
RCW 79.105.360.
06-06-005 (Order 724), § 332-30-139, filed 2/16/06, effective
3/19/06. Statutory Authority: RCW 79.90.455, 79.90.460. 02-21-076
(Order 710), § 332-30-139, filed 10/17/02, effective 11/17/02.
Statutory Authority: RCW 43.30.150. 80-09-005 (Order 343), §
332-30-139, filed 7/3/80.
