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

Current through Register Vol. 24-14, July 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.