AB 1159

This bill makes various changes to limits on the restrictiveness of shoreland

zoning ordinances.

Current law requires a county to enact shoreland zoning ordinances for all

shorelands in its unincorporated area and requires those ordinances to meet

shoreland zoning standards established by the Department of Natural Resources by

rule. Current law generally defines a shoreland to be an area within a specified

distance from the edge of a navigable water.

The bill eliminates a provision under current law that prohibits a county

shoreland zoning ordinance from regulating a matter more restrictively than the

matter is regulated by a shoreland zoning standard promulgated by DNR. The bill

also eliminates a provision under current law that prohibits a county shoreland

zoning ordinance from regulating the construction of a structure on a substandard

lot in a manner that is more restrictive than the DNR shoreland zoning standards

for substandard lots.

Current law provides that a county board of adjustment has authority to decide

upon variances and appeals from county decisions regarding shorelands within the

county. The bill eliminates a current law exception that prohibits DNR from

appealing a county decision to grant or deny a variance relating to shoreland zoning.

Under current law, DNR may only, upon the request of a county board of adjustment,

issue an opinion on whether a variance should be granted or denied.

Current law prohibits DNR and counties from impairing the interest of a

landowner in shoreland property by establishing a shoreland zoning standard or

enacting or enforcing a shoreland zoning ordinance that does any of a number of

specified things. The bill removes the language prohibiting the impairment of the

interest of a landowner in shoreland property, but leaves the prohibition on

establishing a shoreland zoning standard or enacting or enforcing a shoreland

zoning ordinance.

Among the things that under current law DNR and counties may not do

through a shoreland zoning standard or ordinance is require any approval or impose

any fee or mitigation requirement for, or otherwise prohibit or regulate, any of the

following:

1. The maintenance, repair, replacement, restoration, rebuilding, or

remodeling of all or any part of certain nonconforming structures or structures

legally within the shoreland setback area if the activity does not expand the footprint

of the structure.

2. The vertical expansion of certain nonconforming structures or structures

legally within the shoreland setback area unless the expansion would extend more

than 35 feet above grade level.

The bill removes the prohibition on DNR and counties imposing a fee with

respect to these activities.