SB 36

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, then DNR must adopt a shoreland zoning ordinance for the county.

This bill provides that a county shoreland zoning ordinance enacted by a county

or adopted by DNR for a county does not apply to areas meeting certain criteria.

Under the bill, a shoreland zoning ordinance does not apply if the majority of the

buildings and structures in the area have been used since January 1, 1990, until the

date on which this bill takes effect, to conduct the affairs of small business; if all of

the roads in the area are paved; if the area receives public water and sewer service;

and if the area meets all other requirements specified by DNR by rule. The bill

requires that every county that enacts a shoreland zoning ordinance include a

provision in the ordinance that identifies areas that are exempt from the ordinance

based on the specified criteria. The bill provides that, if DNR determines, after notice

and hearing, that an area identified in an ordinance as exempt does not meet the

specified criteria for exemption, the ordinance applies to that area.