HomeMy WebLinkAbout10 - RCW 90.58.020 Legislative Findings - State Policy EnunciatedRCW 90.58.020: Legislative findings—State policy enunciated—Use preference. Page 1 of 2
RCW 90.58.020
Legislative findings—State policy enunciated—Use preference.
The legislature finds that the shorelines of the state are among the most valuable and
fragile of its natural resources and that there is great concern throughout the state relating to
their utilization, protection, restoration, and preservation. In addition it finds that ever
increasing pressures of additional uses are being placed on the shorelines necessitating
increased coordination in the management and development of the shorelines of the state.
The legislature further finds that much of the shorelines of the state and the uplands adjacent
thereto are in private ownership; that unrestricted construction on the privately owned or
publicly owned shorelines of the state is not in the best public interest; and therefore,
coordinated planning is necessary in order to protect the public interest associated with the
shorelines of the state while, at the same time, recognizing and protecting private property
rights consistent with the public interest. There is, therefore, a clear and urgent demand for a
planned, rational, and concerted effort, jointly performed by federal, state, and local
governments, to prevent the inherent harm in an uncoordinated and piecemeal development
of the state's shorelines.
It is the policy of the state to provide for the management of the shorelines of the state by
planning for and fostering all reasonable and appropriate uses. This policy is designed to
insure the development of these shorelines in a manner which, while allowing for limited
reduction of rights of the public in the navigable waters, will promote and enhance the public
interest. This policy contemplates protecting against adverse effects to the public health, the
land and its vegetation and wildlife, and the waters of the state and their aquatic life, while
protecting generally public rights of navigation and corollary rights incidental thereto.
The legislature declares that the interest of all of the people shall be paramount in the
management of shorelines of statewide significance. The department, in adopting guidelines
for shorelines of statewide significance, and local government, in developing master programs
for shorelines of statewide significance, shall give preference to uses in the following order of
preference which:
(1) Recognize and protect the statewide interest over local interest;
(2) Preserve the natural character of the shoreline;
(3) Result in long term over short term benefit;
(4) Protect the resources and ecology of the shoreline;
(5) Increase public access to publicly owned areas of the shorelines;
(6) Increase recreational opportunities for the public in the shoreline;
(7) Provide for any other element as defined in RCW 90.58.100 deemed appropriate or
necessary.
In the implementation of this policy the public's opportunity to enjoy the physical and
aesthetic qualities of natural shorelines of the state shall be preserved to the greatest extent
feasible consistent with the overall best interest of the state and the people generally. To this
end uses shall be preferred which are consistent with control of pollution and prevention of
damage to the natural environment, or are unique to or dependent upon use of the state's
shoreline. Alterations of the natural condition of the shorelines of the state, in those limited
instances when authorized, shall be given priority for single-family residences and their
appurtenant structures, ports, shoreline recreational uses including but not limited to parks,
marinas, piers, and other improvements facilitating public access to shorelines of the state,
industrial and commercial developments which are particularly dependent on their location on
http://apps.leg.wa.gov/RCW/default.aspx?cite=90.58.020 9/8/2017
RCW 90.58.020: Legislative findings—State policy enunciated—Use preference. Page 2 of 2
or use of the shorelines of the state and other development that will provide an opportunity for
substantial numbers of the people to enjoy the shorelines of the state. Alterations of the
natural condition of the shorelines and shorelands of the state shall be recognized by the
department. Shorelines and shorelands of the state shall be appropriately classified and these
classifications shall be revised when circumstances warrant regardless of whether the change
in circumstances occurs through man-made causes or natural causes. Any areas resulting
from alterations of the natural condition of the shorelines and shorelands of the state no longer
meeting the definition of "shorelines of the state" shall not be subject to the provisions of
chapter 90.58 RCW.
Permitted uses in the shorelines of the state shall be designed and conducted in a manner
to minimize, insofar as practical, any resultant damage to the ecology and environment of the
shoreline area and any interference with the public's use of the water.
[ 1995 c 347 § 301; 1992 c 105 § 1; 1982 1st ex.s. c 13 § 1; 1971 ex.s. c 286 § 2.]
NOTES:
Finding—Severability—Part headings and table of contents not law -1995 c 347:
See notes following RCW 36.70A.470.
http://apps.leg.wa.gov/RCW/default.aspx?cite=90.58.020 9/8/2017