Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-30 - Aquatic land management › Section 332-30-109 - Harbor area

Current through Register Vol. 24-14, July 15, 2024
(1) Harbor areas shall be reserved
			 for landings, wharves, streets and other conveniences of navigation
			 and commerce.
(2) Water
			 dependent commerce shall be given preference over other uses of
			 harbor areas.
(3) Every
			 consideration shall be given to meeting the expanding need for
			 navigation and water dependent commerce in existing harbor
			 areas.
(4) Several
			 industries using the same harbor area facility shall be given
			 preference over single industry use.
(5) Shallow draft uses, such as
			 barge terminals and marinas, shall be preferred over deep draft uses,
			 in areas requiring extensive maintenance dredging.
(6) Harbor lines may be adjusted,
			 when authorized by the legislature, to provide reasonable opportunity
			 to meet the present and future needs of commerce and
			 navigation.
(7) In harbor
			 areas where no current constitutional use (navigation and commerce)
			 is called for or practical and other uses are in demand, interim uses
			 may be authorized by the board of natural resources if in the public
			 interest.
(8) The
			 department will, where in the public interest, promote the conversion
			 of existing nonconforming uses to conforming uses by assisting if
			 possible, such users in resiting their operations and by withdrawing
			 renewal options on affected state harbor area leases.
(9) The department will promote
			 full development of all existing suitable harbor areas for use by
			 water dependent commerce.
(10) Abandoned structures
			 determined to be unsightly or unsafe by the department shall be
			 removed from harbor areas by the owner of the structures upon demand
			 by the department or by the department in which case the owner will
			 be assessed the costs of such removal.
(11) Floating houses are not
			 permitted in harbor areas.
(12) Resource management cost
			 account portion of the revenue from leasing of harbor areas shall be
			 used to reduce the general tax burden and for aquatic land management
			 programs that are of benefit to the public.
(13) Harbor areas will be managed
			 to produce revenue for the public unless withdrawn as a public
			 place.
(14) Harbor area
			 lease renewal applications must be returned to the department within
			 sixty days of expiration of prior lease term. If not timely returned,
			 the harbor area involved will be put up for public auction.
(15) The department will encourage
			 local government, state and federal agencies to cooperate in planning
			 for the following statewide harbor management needs:
(a) Reserve adequate and
			 appropriate space within the jurisdiction to serve foreseeable
			 navigation and commerce development needs.
(b) Coordinate plans for aquatic
			 land and upland development so that areas reserved for navigation and
			 commerce will be usable in the future.
(c) Identify areas where interim
			 uses may be allowed.
(d)
			 Identify needed changes in harbor lines.
(e) Minimize the environmental
			 impacts of navigation and commerce development.
(f) Prevent existing and future
			 interim uses in harbor areas from lowering the suitability of harbor
			 areas for navigation and commerce development.