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Bill

SB 5649

Concerning floodproofing improvements to residential structures undertaken in accordance with the Chehalis basin strategy.

2023-2024 Regular Session Introduced by John Braun

Empowers Ecology, with local agreement, to waive floodway bans for targeted residential floodproofing in designated floodways (Chehalis basin) to cut future flood damage.

Effective date 6/6/2024.
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Bill Summary · SB 5649

Summary — SB 5649 (2024): Floodproofing improvements to residential structures (Chehalis basin)

Status: Enacted (Chapter 187, 2024 Laws). Signed by Governor 3/19/2024. Effective date: 90 days after adjournment — effective 6/6/2024.
Primary sponsor: Sen. John Braun; passed unanimously in both chambers.

Purpose / Intent

The bill creates targeted regulatory flexibility to allow floodproofing and other substantial improvements to existing residential structures located in designated floodways when those projects are undertaken primarily to reduce flood risk. The change is intended to support implementation of the Department of Ecology’s Chehalis basin strategy for long‑term flood damage reduction.

Key provisions

  • Amends RCW 86.16.041 to allow the Washington Department of Ecology (Ecology), with concurrence of the local government (town/city/county with land‑use authority), to waive the statutory prohibition on construction, repair, replacement, or substantial improvement of residential structures within a designated floodway for proposed projects whose primary purpose is reducing flood damage.
  • Clarifies that structures need not be substantially damaged to be eligible for such a waiver — expanding beyond the prior waiver authority that applied only after substantial damage.
  • Authorizes Ecology, at the local government’s request, to assess floodway risk (using scientific analyses of depth, velocity, and flood‑related erosion) and to exercise its best professional judgment in recommending whether a proposed project should proceed. The Department’s recommendation together with local concurrence functions as a waiver of the floodway prohibition in the specific case.
  • Retains existing statewide and NFIP minimum requirements (including the 50% of market value substantial‑improvement test) and existing statutory exceptions (e.g., farmhouses on long‑term agricultural lands, historic structures), except as expressly broadened by this bill.
  • Directs Ecology to use the Chehalis basin office/strategy context (legislative findings inserted).

Who is affected

  • Homeowners with residential structures located in designated floodways (especially in the Chehalis River basin).
  • Local governments (must concur with Ecology recommendations).
  • Department of Ecology (responsible for assessments and recommendations).
  • Potentially floodplain/flood insurance administration under the NFIP (state minimums remain in effect).

Expected impacts and limits

  • Enables case‑by‑case pre‑emptive floodproofing (e.g., elevation, dry/wet floodproofing) that previously could only be approved after damage occurred.
  • Aims to reduce future flood losses, insurance claims, and displacement of longstanding residents.
  • Does not create blanket waivers — approvals require scientific risk assessment and local concurrence; likely applicable in a limited number of circumstances.
  • No appropriation included in the bill; a fiscal note was prepared.

Procedural notes

  • The bill amends existing RCW 86.16.041 (state floodplain management review and floodway restrictions).
  • Passed with broad bipartisan support in 2024; effective 6/6/2024.

Compiled from official sources — confirm details with the bill’s official record.

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