Current through Register Vol. 24-18, September 15, 2024
(1)
Applicability.
This section implements the permission created by
RCW 79.105.430, Private
recreational docks, which allows abutting residential owners, under
certain circumstances, to install private recreational docks without
charge. The limitations set forth in this section apply only to use
of state-owned aquatic lands for private recreational docks under
RCW 79.105.430. No
restriction or regulation of other types of uses on aquatic lands is
provided. This section shall not apply to port districts managing
aquatic lands under a management agreement (WAC
332-30-114) .
(2)
Eligibility. The
permission shall apply only to the following:
(a) An "abutting residential
owner," being the owner of record of property physically bordering on
public aquatic land and either used for single family housing or for
a multifamily residence not exceeding four units per lot.
(b) A "dock," being a securely
anchored or fixed, open walkway structure visible to boaters and kept
in good repair extending from the upland property, primarily used as
an aid to boating by the abutting residential owner(s), and
accommodating moorage by not more than four pleasure boats typical to
the body of water on which the dock is located. Two or more abutting
residential owners may install and maintain a single joint-use dock
provided it meets all other design requirements of this section; is
the only dock used by those owners; and that the dock fronts one of
the owners' property.
(c)
A "private recreational purpose," being a nonincome-producing,
leisure-time, and discretionary use by the abutting residential
owner(s).
(d) State-owned
aquatic lands outside harbor areas designated by the harbor line
commission.
(3)
Uses not qualifying.
Examples of situations not qualifying for the permission
include:
(a) Yacht and boat club
facilities;
(b) Floating
houses, as defined in WAC
332-30-106(23),
and vessels used as a residence (as defined in WAC
332-30-106(62)
);
(c) Resorts;
(d) Multifamily dwellings,
including condominium ownerships, with more than four
units;
(e) Uses other
than docks such as launches and railways not part of the dock,
bulkheads, landfills, dredging, breakwaters, mooring buoys, swim
floats, and swimming areas.
(4)
Limitations.
(a) The permission does not apply
to areas where the state has issued a reversionary use deed such as
for shellfish culture, hunting and fishing, or park purposes;
published an allocation of a special use and the dock is inconsistent
with the allocation; or granted an authorization for use such as a
lease, easement, or material purchase.
(b) Each dock owner using the
permission is responsible for determining the availability of the
public aquatic lands. Records of the department are open for public
review. The department will research the availability of the public
aquatic lands upon written request. A fee sufficient to cover costs
shall be charged for this research.
(c) The permission is limited to
docks that conform to adopted shoreline master programs and other
local ordinances.
(d) The
permission is not a grant of exclusive use of public aquatic lands to
the dock owner. It does not prohibit public use of any aquatic lands
around or under the dock. Owners of docks located on state-owned
tidelands or shorelands must provide a safe, convenient, and clearly
available means of pedestrian access over, around, or under the dock
at all tide levels. However, dock owners are not required to allow
public use of their docks or access across private lands to
state-owned aquatic lands.
(e) The permission is not
transferable or assignable to anyone other than a subsequent owner of
the abutting upland property and is continuously dependent on the
nature of ownership and use of the properties involved.
(f) Vessels used as a residence and
floating houses are not permitted to be moored at a private
recreational dock, except when such moorage is necessary because of
an emergency that immediately threatens human life or property, for
the duration of the emergency only.
(5)
Revocation. The
permission may be revoked or canceled if:
(a) The dock or abutting
residential owner has not met the criteria listed in subsection (2)
or (4) of this section; or
(b) The dock significantly
interferes with navigation or with navigational access to and from
other upland properties. This degree of interference shall be
determined from the character of the shoreline and waterbody, the
character of other in-water development in the vicinity, and the
degree of navigational use by the public and adjacent property
owners;
(c) The dock
interferes with preferred water-dependent uses established by law;
or
(d) The dock is a
public health or safety hazard.
(6)
Appeal of revocation.
Upon receiving written notice of revocation or cancellation,
the abutting residential owner shall have thirty days from the date
of notice to file for an administrative hearing under the contested
case proceedings of
chapter 34.05 RCW. If the action
to revoke the permission is upheld, the owner shall correct the cited
conditions and shall be liable to the state for any compensation due
to the state from the use of the aquatic lands from the date of
notice until permission requirements are met or until such permission
is no longer needed. If the abutting residential owner disclaims
ownership of the dock, the department may take actions to have it
removed.
(7)
Current leases. Current lessees of docks meeting the
criteria in this section will be notified of their option to cancel
the lease. They will be provided a reasonable time to respond. Lack
of response will result in cancellation of the lease by the
department.
(8)
Property rights. No property rights in, or boundaries
of, public aquatic lands are established by this section.
(9)
Lines of navigability.
The department will not initiate establishment of lines of
navigability on any shorelands unless requested to do so by the
shoreland owners or their representatives.
(10) Nothing in this section is
intended to address statutes relating to sales of second class
shorelands.
Statutory Authority:
RCW 79.105.360.
06-06-005 (Order 724), § 332-30-144, filed 2/16/06, effective
3/19/06. Statutory Authority: RCW 79.90.455, 79.90.460. 02-21-076
(Order 710), § 332-30-144, filed 10/17/02, effective 11/17/02.
Statutory Authority: RCW 79.90.105, 79.90.300, 79.90.455, 79.90.460,
79.90.470, 79.90.475, 79.90.520, 79.68.010, 79.68.68 [79.68.080], and
chapter 79.93 RCW. 85-22-066 (Resolution No. 500), § 332-30-144,
filed 11/5/85.
