AB 670

Under current law, a county must enact a shoreland zoning ordinance for

shorelands in its unincorporated area. Current law defines a shoreland as an area

within a certain distance from the edge of a navigable water. If a county does not

enact a shoreland zoning ordinance or if the Department of Natural Resources (DNR)

determines that the county has enacted an ordinance that fails to meet certain

standards specified in rules promulgated by DNR, then DNR must adopt a shoreland

zoning ordinance for the county. Under rules promulgated by DNR, a county

ordinance may authorize a structure that was lawfully placed when constructed, but

that no longer complies with certain shoreland zoning standards, to be expanded,

replaced, or relocated if certain requirements are met. Among those requirements

is a requirement that the county issue a permit requiring that a mitigation plan be

approved by the county and implemented by the property owner. The mitigation plan

must require the property owner to establish or maintain measures that the county

determines are adequate to offset the impacts of the building expansion on water

quality, aquatic and wildlife habitat, and natural scenic beauty. The obligations of

the property owner under the mitigation plan must be evidenced by an instrument

recorded in the office of the register of deeds.

Also under current law, with certain exceptions, owners selling residential real

property must give prospective buyers a form, known as a real estate condition

report, on which the owner discloses certain conditions of the real property of which

the owner is aware. This bill requires an owner to disclose on the real estate

condition report whether the real property is subject to a mitigation plan required

by the county.