AB 387

This bill provides that a county shoreland zoning ordinance may not prohibit

within a shoreland setback area the construction of a fence 1) that is no taller than

15 feet; 2) that is located at least two feet landward of the ordinary high-water mark,

entirely outside of a highway right-of-way, no less than 10 feet from the edge of a

roadway, and no more than 40 feet from the edge of a roadway or highway

right-of-way, whichever is greater; and 3) that is generally perpendicular to the

shoreline. Under current law, a roadway is the area that is between the regularly

established curb lines or that is improved, designed, or ordinarily used for vehicular

travel, excluding the berm or shoulder.

Current law requires each county to zone by ordinance all shorelands in its

unincorporated area. The Department of Natural Resources is required to

promulgate by rule shoreland zoning standards, and a county shoreland zoning

ordinance may not regulate a matter more restrictively than the matter is regulated

by a shoreland zoning standard.

Current law defines “shoreland setback area" to mean an area in a shoreland

that is within a certain distance of the ordinary high-water mark in which the

construction or placement of structures has been limited or prohibited under a

county shoreland zoning ordinance. Current law requires a county shoreland zoning

ordinance to establish a shoreland setback area of 75 feet but provides that a county

shoreland zoning ordinance may not prohibit the construction of certain structures

within the setback area, such as a boathouse or a structure that provides pedestrian

access to the shoreline.