Title 86, Title 86 FLOOD CONTROL
9 chapters · 230 sections in this title.
RCW 86.16.010 Statement of policy—State control assumed.
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The legislature finds that the alleviation of recurring flood damages to public and private property and to the public health and safety is a matter of public concern. As an aid in effecting such alleviation the state of Washington, in the exercise of its sovereign and police pow…
RCW 86.16.020 Floodplain management regulation.
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Statewide floodplain management regulation shall be exercised through: (1) Local governments' administration of the national flood insurance program regulation requirements, (2) the establishment of minimum state requirements for floodplain management that equal the minimum feder…
RCW 86.16.025 Authority of department.
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Subject to RCW 43.21A.068, with respect to such features as may affect flood conditions, the department shall have authority to examine, approve or reject designs and plans for any structure or works, public or private, to be erected or built or to be reconstructed or modified up…
RCW 86.16.031 Duties of the department of ecology.
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The department of ecology shall:(1) Review and approve county, city, or town floodplain management ordinances pursuant to RCW 86.16.041;(2) When requested, provide guidance and assistance to local governments in development and amendment of their floodplain management ordinances;…
RCW 86.16.035 Department of ecology—Control of dams and obstructions.
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Subject to RCW 43.21A.068, the department of ecology shall have supervision and control over all dams and obstructions in streams, and may make reasonable regulations with respect thereto concerning the flow of water which he or she deems necessary for the protection to life and …
RCW 86.16.041 Floodplain management ordinances and amendments—Filing with the department of ecology—Disapproval by the department—Adoption of rules for repair or replacement of existing residential structures.
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(1) Beginning July 26, 1987, every county and incorporated city and town shall submit to the department of ecology any new floodplain management ordinance or amendment to any existing floodplain management ordinance. Such ordinance or amendment shall take effect 30 days from fili…
RCW 86.16.045 Adoption of ordinances or requirements that exceed minimum federal requirements.
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A county, city, or town may adopt floodplain management ordinances or requirements that exceed the minimum federal requirements of the national flood insurance program without following the procedures provided in RCW 86.16.031(8).[ 1989 c 64 s 6.]
RCW 86.16.051 Basis for state and local floodplain management.
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The basis for state and local floodplain management regulation shall be the areas designated as special flood hazard areas on the most recent maps provided by the federal emergency management agency for the national flood insurance program. Best available information shall be use…
RCW 86.16.061 Adoption of rules.
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The department of ecology after consultation with the public shall adopt such rules as are necessary to implement this chapter.[ 1989 c 64 s 5; 1987 c 523 s 6.]
RCW 86.16.071 Chapter not to create liability for damages against the state.
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The exercise by the state of the authority, duties, and responsibilities as provided in this chapter shall not imply or create any liability for any damages against the state.[ 1987 c 523 s 7.]
RCW 86.16.081 Enforcement of chapter—Civil penalty—Review by pollution control hearings board or local legislative authority.
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(1) Except as provided in RCW 43.05.060 through 43.05.080 and 43.05.150, the attorney general or the attorney for the local government shall bring such injunctive, declaratory, or other actions as are necessary to ensure compliance with this chapter.(2) Any person who fails to co…
RCW 86.16.110 Appeals.
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Any person, association, or corporation, public, municipal, or private, feeling aggrieved at any order, decision, or determination of the department or director pursuant to this chapter, affecting his or her interest, may have the same reviewed pursuant to RCW 43.21B.310.[ 1991 c…
RCW 86.16.120 Flood damages defined.
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Damages within the meaning of this chapter shall include harmful inundation, water erosion of soil, stream banks and beds, stream channel shifting and changes, harmful deposition by water of eroded and shifting soils and debris upon property or in the beds of streams or other bod…
RCW 86.16.160 Local programs not prevented.
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Nothing in this chapter shall prevent any county, city or town from establishing, pursuant to any authority otherwise available to them, flood control regulation programs and related land use control measures in areas which are subject to flooding or flood damages.[ 1973 c 75 s 2…
RCW 86.16.180 Processing of permits and authorizations for emergency water withdrawal and facilities to be expedited.
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All state and local agencies with authority under this chapter to issue permits or other authorizations in connection with emergency water withdrawals and facilities authorized under RCW 43.83B.410 shall expedite the processing of such permits or authorizations in keeping with th…
RCW 86.16.190 Livestock flood sanctuary areas.
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Local governments that have adopted floodplain management regulations pursuant to this chapter shall include provisions that allow for the establishment of livestock flood sanctuary areas at a convenient location within a farming unit that contains domestic livestock. Local gover…
RCW 86.16.900 Chapter liberally construed.
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The provisions of this chapter and all proceedings thereunder shall be liberally construed with a view to effect their object.[ 1935 c 159 s 19; RRS s 9663A-19.]