Washington Administrative Code
Title 332 - Natural Resources, Board and Department of (See also Title 222)
Chapter 332-30 - Aquatic land management
Section 332-30-171 - Residential uses on state-owned aquatic lands
Universal Citation: WA Admin Code 332-30-171
Current through Register Vol. 24-18, September 15, 2024
(1) Application. This section applies to residential uses, as defined in WAC 332-30-106(62), and floating houses, moorage facilities, and vessels, as defined in WAC 332-30-106(23), (38) and (74), as they relate to residential uses, on state-owned aquatic lands. All requirements in this section shall apply to the department and to port districts managing aquatic lands under a management agreement (WAC 332-30-114) . This section does not apply to: Activities or structures on aquatic lands not owned by the state; vessels used solely for recreational or transient purposes; floating houses or vessels used as hotels, motels or boatels; or vessels owned and operated by the United States military.
(2) Limits on the number of residential uses. Residential uses on state-owned aquatic lands shall only occur in accordance with all federal, state, and local laws. The following apply only to leases entered into following the effective date of this rule unless otherwise provided in subsection (3) of this section.
(a) The total number of slips which
may be allocated for residential uses in any marina, pier, open water
moorage and anchorage area, or other moorage facility shall be
limited to ten percent of the total number of slips within a marina,
unless otherwise established as provided in (b) or (c) of this
subsection. For the purposes of determining the exact number of
residential slips, the department shall round to nearest whole
number.
(b) Upon the
effective date of this rule, the ten percent limit can be changed by
local government, through amendments to the local shoreline master
program and/or issuance of a shoreline substantial development
conditional use permit, if all of the following conditions are met:
(i) Methods to handle the upland
disposal and best management practices for the increased waste
associated with residential use are expressly addressed and required;
and
(ii) Specific
locations for residential use slips do not adversely impact habitat
or interfere with water-dependent uses.
(c) If a local shoreline master
program or local ordinance has established a different percentage
limit prior to the date this rule takes effect, the limit established
in that shoreline master program or local ordinance shall be the
recognized percentage limit. After the effective date of this rule,
changes to the percentage limit shall only be recognized by DNR as
the percentage limit if the changes are made through amendments to
the Shoreline Master Program or adoption of a shoreline substantial
development conditional use permit.
(d) Application of the percentage
limit to moorage facilities that occupy both state-owned aquatic and
privately owned aquatic lands.
(i)
If the city or county jurisdiction has not established a percentage
limit, then the total number of vessels used as a residence and
floating houses in any moorage facility shall be limited to ten
percent of the total number of slips or spaces usable for moorage or
anchorage in that facility. In this case, when a moorage facility
occupies both state-owned and nonstate-owned aquatic lands, the
percent limit will be calculated using only the total number of slips
that are located on state-owned aquatic lands and will be applied
only to the portion of the facility located on state-owned aquatic
lands.
(ii) If a county
or city has established a percent limit, and a moorage facility
occupies both state-owned and nonstate-owned aquatic lands, the
department may authorize any or all of the floating houses or vessels
with residential uses within the entire facility to be located in the
portion of the facility on state-owned aquatic lands.
(e) If a moorage
facility has so few moorage slips or spaces that the percent limit
allows for less than one residential use slip, then one residential
use slip may be authorized, if not otherwise prohibited by the city
or county jurisdiction.
(3) Excess residential use slips.
(a) This subsection
shall apply to all lessees occupying state-owned aquatic lands under
written leases with the department as of the effective date of this
rule. Within one hundred eighty days of the effective date of this
rule, each existing moorage facility lessee shall document the
existing percentage of residential use slips within their facility
and report this information to the department. This reported
percentage shall be referred to as the "reported existing percentage"
for the moorage facility lessee.
(i) If the reported existing
percentage of residential use slips is greater than the ten percent
limit established in this rule, or other locally established limit as
described in subsection (2)(b) or (c) of this section, then the
reported existing percentage will establish the allowable residential
use percentage at the beginning of a new lease for the same moorage
facility, regardless of whether ownership of the facility changes
subject to attrition described in subsection (3)(b) of this section.
At the time the new lease is entered into, those residential uses in
excess of the reported existing percentage will be required to vacate
the moorage facility.
(ii) If the reported existing
percentage of residential use slips is less than or equal to the ten
percent limit established in this rule, or other locally established
limit as described in subsection (2)(b) or (c) of this section, then
the percentage limit established in this rule, or other locally
established limit as described in subsection (2)(b) or (c) of this
section, will establish the allowable residential use percentage at
the beginning of a new lease for the same moorage facility,
regardless of whether ownership of the facility changes. At the time
the new lease is entered into, those residential uses in excess of
the ten percent limit established in this rule, or other locally
established limit as described in subsection (2)(b) or (c) of this
section, will be required to vacate the moorage facility.
(iii) If a moorage facility lessee
fails to report the existing percentage of residential slips within
their facility within one hundred eighty days of the effective date
of this rule, then the percentage limit established in this rule, or
other locally established limit as described in subsection (2)(b) or
(c) of this section, will establish the allowable residential use
percentage at the beginning of a new lease for the same moorage
facility, regardless of whether ownership of the facility changes. At
the time the new lease is entered into, those residential uses in
excess of the ten percent limit established in this rule, or other
locally established limit as described in subsection (2)(b) or (c) of
this section, will be required to vacate the moorage
facility.
(b)
The purpose of this subsection is to describe the process of
attrition used to reach compliance with the percentage limit or
locally established percentage limit. For all leases entered into
following the effective date of this rule, if there are more
residential use slips in a moorage facility than allowed by the
percent limit, then no new or additional residential use slips,
including replacements for grandfathered floating houses under
subsection (7)(a) of this section, shall be authorized in that
facility. In such cases, any residential uses that leave the facility
for a period of time greater than thirty days may not return to the
facility until the total number of residential use slips is below the
percent limit. For purposes of counting the thirty days described in
this subsection (3)(b), the department shall not include time needed
for repairs to the vessels or floating houses, nor any time when a
vessel is away from the moorage facility but the owner or operator of
the vessel continuously maintains a written moorage agreement for
that facility.
(c) Marina
owners, operators, and/or managers may decrease the ten percent limit
on a site-specific basis.
(4) Waste disposal. The following apply to all leases entered into following the effective date of this rule:
(a)
Sewage. All treated and untreated sewage shall be disposed of upland,
in accordance with federal, state, and local laws. This section does
not require specific disposal methods so long as the measures
established by the lessee and the department ensure upland
disposal.
(b) Oil and
toxic substances. All oil, grease, corrosive liquids, and other toxic
substances shall be disposed of upland, in accordance with federal,
state, and local laws. This section does not require specific
disposal methods so long as the measures established by the lessee
and the department ensure upland disposal.
(c) Solid waste. All solid waste
shall be disposed of upland, in accordance with federal, state, and
local laws. This section does not require specific disposal methods
so long as the measures established by the lessee and the department
ensure upland disposal.
(d) Gray water. All gray water
shall be disposed of in accordance with federal, state, and local
laws. Moorage facilities shall develop and implement best management
practices to avoid, to the maximum extent possible, all discharges
into waters above state-owned aquatic land, of wastewater from
showers, baths, sinks, laundry, decks, and other miscellaneous
sources, otherwise known as "gray water." For those unavoidable
discharges, the best management practices shall minimize discharges,
to the maximum extent possible, of gray water from showers, baths,
sinks, laundry, decks, and other miscellaneous sources.
(5) Responsibilities of lessees with residential uses. The following apply to leases entered into following the effective date of this rule:
(a) Each department
lessee must establish and implement measures satisfactory to the
department for ensuring upland waste disposal, and the avoidance or
minimization of any discharge of waste, as described in (c) of this
subsection, onto or in the waters above state-owned aquatic lands
from vessels used for residential use and floating houses. This shall
include a contingency plan in case of failure or unavailability of
the waste disposal methods identified by the lessee and approved by
the department.
(b) Each
department lessee must annually, or as otherwise provided in the
lease, provide the department with evidence that all vessels used for
residential use and floating houses in their facility comply with
this rule and the terms of the department lease.
(c) Each department lessee shall
fully describe the waste disposal measures. These measures may
include, but are not limited to:
(i)
Connection to an upland sewage system;
(ii) Periodic sewage pump-out
service, either at a pump-out station or with transportable pump-out
equipment, including prepayment for such services and proof of
participation by residential occupants;
(iii) Installation of appropriate
waste receptacles;
(iv)
Back-up and clean-up facilities and procedures as needed in case of
failure or temporary unavailability of waste disposal
systems;
(v) Educational
efforts, such as posting of notices, distribution of information, and
training for residents on waste disposal methods and
requirements;
(vi)
Monitoring of activities within the facility to prevent or identify
and remedy improper waste disposal;
(vii) Contractual requirements in
moorage subleases requiring proper waste disposal by residents;
and/or
(viii) Other best
management practices and/or best available technologies that are
established by any local, state, or federal agency, including the
department, or by any appropriate nongovernmental organization, that
are satisfactory to the department to ensure upland disposal of waste
and avoid or minimize any discharge of waste onto or in the waters
above state-owned aquatic lands.
(d) Consistent with all federal,
state, and local laws and regulations, all leases issued by the
department after the effective date of this rule for moorage
facilities with residential uses within them shall require and
specify:
(i) Methods to handle the
upland disposal and best management practices for the increased waste
associated with residential use;
(ii) Specific locations for
residential use slips that do not adversely impact habitat or
interfere with water-dependent uses.
(6) Vessels. Moorage of a vessel, as defined in WAC 332-30-106(74), is a water-dependent use.
(7) Floating houses. Moorage of a floating house, as defined in WAC 332-30-106(23), is a water-oriented use.
(a)
Classifying floating house moorage under
RCW
79.105.060(25).
In classifying floating house moorage under
RCW
79.105.060(25),
the department will apply the following rules:
(i) If a floating house moorage
site had a floating house moored there under a department lease on
October 1, 1984, or if a floating house was moored there for at least
three years before October 1, 1984, then the department will classify
that site as a water-dependent use for the purposes of determining
rent. Such sites may be referred to as "grandfathered"
sites.
(ii) If a floating
house moorage site did not have a floating house moored there under a
department lease on October 1, 1984, nor for at least three years
before October 1, 1984, then the department shall classify that site
as a nonwater-dependent use. Such sites may be referred to as
"nongrandfathered" sites.
(iii) The classification of a
grandfathered or nongrandfathered floating house moorage site applies
to the specific aquatic land being utilized for moorage of the
floating house, not to the floating house itself.
(iv) The department shall classify
each individual floating house moorage slip within a moorage facility
as a separate site. This may result in a marina containing both
grandfathered and nongrandfathered floating house moorage
sites.
(v) If a floating
house vacates a grandfathered moorage site and either returns within
thirty days or is replaced with another floating house within thirty
days, then the moorage site will remain grandfathered.
(vi) If a floating house vacates a
grandfathered moorage site and does not return within thirty days,
future moorage of that floating house in the same or a different site
shall be nongrandfathered, unless the floating house qualifies as a
replacement floating house under (a)(v) of this subsection.
(vii) After October 1, 1984, if a
grandfathered site ceased or ceases being used for floating house
moorage for more than thirty consecutive days, then the site shall no
longer be grandfathered.
(viii) When counting the thirty
days described in (a)(v) through (vii) of this subsection, the
department will exclude any reasonable time needed for repair of the
floating house.
(ix) If a
lessee redesignates a grandfathered floating house moorage slip
within the lease area, consistent with the lease requirements, and
notifies the department in advance of where the slip is to be
relocated, then the slip will remain grandfathered. However, if a
nongrandfathered site has a floating house relocated to it after the
effective date of this rule, the site shall not be designated as
grandfathered as provided in this subsection, (7)(a)(ix).
(x) If a floating house was moored
at a grandfathered site on October 1, 1984, but was relocated to a
site authorized by the department so that on the effective date of
this rule the floating house is moored at a nongrandfathered site,
then the department may classify this new location as a grandfathered
site if the floating house meets all of the following criteria:
(A) The floating house was on
state-owned aquatic land leased on October 1, 1984, or was on
state-owned aquatic lands for three years prior to October 1,
1984;
(B) The floating
house was continuously on state-owned aquatic lands from October 1,
1984, until the effective date of this rule, except for any
reasonable time needed for repair of the house; and
(C) The department receives, within
one year after the effective date of this rule, a request to have the
current moorage site classified as a grandfathered site.
(b)
Managing grandfathered floating house moorage. Floating
houses moored in grandfathered sites that meet all applicable laws
and rules, and are consistent with all lease requirements, may
remain. The department shall charge the water-dependent rental rate
for such moorage.
(c)
Managing nongrandfathered floating house moorage.
(i) The department may authorize
floating house moorage at a nongrandfathered site only if the
department determines that the following conditions are met:
(A) All conditions as set forth in
this section;
(B) The
specific sites and circumstances for floating house moorage have been
identified in an adopted local shoreline management plan that
provides for the present and future needs of all uses, considers
cumulative impacts to habitat and resources of statewide value,
identifies specific areas or situations in which floating house
moorage will be allowed, and justifies the exceptional nature of
those areas or situations; and
(C) The floating house moorage is
compatible with water-dependent uses existing in or planned for the
area.
(ii) If
a floating house is moored at a nongrandfathered site that does not
meet the conditions in (c)(i) of this subsection, but the site is
authorized by a department lease and the floating house and moorage
meet all conditions as set forth in this section and is consistent
with all lease requirements, then the floating house may remain until
the termination of the lease or one year after the effective date of
this rule, whichever is later. Thereafter, unless at that time the
floating house meets the conditions in (c)(i) of this subsection, the
floating house must vacate the nongrandfathered site.
(iii) If a floating house is moored
at a nongrandfathered site that does not meet the conditions in
(c)(i) of this subsection and is not authorized by a department
lease, then the floating house must vacate the site within one year
from the effective date of this rule, unless at that time it meets
the conditions in (c)(i) of this subsection and the department
chooses to grant a lease.
(iv) For nongrandfathered floating
house moorage sites, the department shall charge the
nonwater-dependent rental rate. If a leased area contains both
nongrandfathered floating house moorage along with grandfathered
floating house moorage or other water-dependent uses, then the
nonwater-dependent rental rate shall be applied to a proportionate
share of any common areas used in conjunction with the
nongrandfathered floating house moorage, including, but not limited
to, docks, breakwaters, and open water areas for ingress and egress
to the facility.
(8) Open water moorage. For the purposes of this section, open water moorage and anchorage areas are defined in WAC 332-30-106(45).
(a) Vessels used for residential
use and floating houses shall be moored, anchored, or otherwise
secured only at a marina, pier, or similar fixed moorage facility
that is connected to the shoreline, or in open water moorage and
anchorage areas described under WAC
332-30-139(5)
and subject to the restrictions
therein. Vessels used for residential use and floating houses shall
not be moored, anchored or otherwise secured in open waters above
state-owned aquatic lands away from a fixed moorage facility that is
connected to the shoreline, nor be moored, anchored, or otherwise
secured to any natural feature in the water or on the shoreline,
except within an open water moorage and anchorage area. A vessel used
for residential use or floating house may moor in areas prohibited by
this subsection (8)(a) when necessary because of an emergency that
immediately threatens human life or property, for the duration of the
emergency only.
(b) Any
vessel used for residential use or floating house that is moored on
state-owned aquatic lands on the effective date of this rule, and
complies with all other applicable laws and all lease requirements,
but does not comply with (a) of this subsection, may remain until one
year after the effective date of this rule or until the termination
date of the existing department lease, whichever is later.
Thereafter, unless at that time it meets the conditions in (a) of
this subsection, the vessel used for residential use or floating
house must vacate the site. The department shall not authorize or
reauthorize any moorage for vessels used for residential use or
floating houses that do not comply with (a) of this
subsection.
Statutory Authority: RCW 79.105.360. 06-06-005 (Order 724), § 332-30-171, filed 2/16/06, effective 3/19/06. Statutory Authority: RCW 79.90.455, 79.90.460. 02-21-076 (Order 710), § 332-30-171, filed 10/17/02, effective 11/17/02.
Disclaimer: These regulations may not be the most recent version. Washington may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
