SB 477

This bill codifies and makes changes to certain Department of Natural

Resources (DNR) shoreland zoning standards.

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

shorelands in its unincorporated area, and the ordinance may not regulate a matter

more restrictively than the matter is regulated by shoreland zoning standards

established by DNR by rule. Current law generally defines "shorelands" to be an area

within a specified distance from the ordinary high-water mark (OHWM) of a

navigable water. Current law requires a county to establish a shoreland setback

area, which is an area within a certain distance of the OHWM in which the

construction or placement of structures is limited or prohibited.

This bill codifies into law current DNR shoreland zoning standards that require

a setback of 75 feet from the OHWM to the nearest part of a building or structure.

The bill also codifies into law current DNR shoreland zoning standards that provide

that, if principal structures exist on adjacent lots and within 250 feet of a proposed

principal structure in both directions along the shoreline, the setback distance may

be reduced to the average of the setbacks on each adjacent lot, but no less than 35

feet. The bill also provides that if principal structures exist on adjacent lots and

within 200 feet of a proposed principal structure in both directions along the

shoreline and both are set back more than 75 feet from the OHWM at the setback that

was required at the time each was built, the county shoreland zoning ordinance may

establish a setback equal to the average of the distance the neighboring principal

structures are set back from the OHWM.

This bill codifies into law current DNR shoreland zoning standards that exempt

from the general setback requirements the construction of boathouses located

entirely above the OHWM, open-sided and screened structures, fishing rafts,

broadcast signal receivers, utility facilities, water towers, pumping facilities, private

wastewater treatment systems, and walkways, stairways, and rail systems

necessary to provide pedestrian access to the shoreline.

Current law generally prohibits the enactment of a county shoreland zoning

ordinance that prohibits or regulates the maintenance, repair, replacement,

restoration, rebuilding, or remodeling of all or any part of a nonconforming structure

if that activity does not expand the structure's footprint. For purposes of this

restriction, nonconforming structures are those that existed lawfully before

enactment of the county shoreland zoning ordinance but that no longer conform with

one or more parts of the ordinance that apply to elements including setback, height,

lot coverage, and side yard. The bill expands this prohibition to any of the structures

that are exempt from the general setback requirements and that were constructed

legally, but allows an ordinance to restrict those activities from expanding such a

structure beyond the three-dimensional building envelope of the existing structure.

Under this bill, if DNR shoreland zoning standards regulate impervious