State Participation in Flood Control Maintenance (Revised Code of Washington (RCW): Title 86 Flood Control; Chapter 86.26)

Chapter Chapter 86.2686.26 RCW RCW Chapter ListingChapter Listing | | RCW DispositionsRCW Dispositions STATE PARTICIPATION IN FLOOD CONTROL MAINTENANCESTATE PARTICIPATION IN FLOOD CONTROL MAINTENANCE SectionsSections 86.26.00586.26.005 Declaration of purpose.Declaration of purpose. 86.26.00786.26.007 Flood control assistance accountFlood control assistance account——Use.Use. 86.26.01086.26.010 Administration and enforcement.Administration and enforcement. 86.26.04086.26.040 Duties of local engineerDuties of local engineer——Approval of plans, etc., by department of ecologyApproval of plans, etc., by department of ecology——GrantsGrants to prepare comprehensive flood control management plan.to prepare comprehensive flood control management plan. 86.26.05086.26.050 Projects in which state will participateProjects in which state will participate——Allocation of funds.Allocation of funds. 86.26.06086.26.060 Allocation of funds.Allocation of funds. 86.26.07086.26.070 Flood control maintenance fund of municipal corporationFlood control maintenance fund of municipal corporation——CompositionComposition——Use.Use. 86.26.08086.26.080 Annual budget reports of municipal corporationsAnnual budget reports of municipal corporations——Allocation of funds.Allocation of funds. 86.26.09086.26.090 Scope of maintenance in which state will participate.Scope of maintenance in which state will participate. 86.26.10086.26.100 Agreement as to participationAgreement as to participation——Limit on amount.Limit on amount. 86.26.10586.26.105 Comprehensive flood control management planComprehensive flood control management plan——RequirementsRequirements——Time forTime for completion.completion. 86.26.00586.26.005 Declaration of purpose.Declaration of purpose. It is the purpose of the state in the exercise of its sovereign and police powers and in the interestIt is the purpose of the state in the exercise of its sovereign and police powers and in the interest of public welfare, to establish a state and local participating flood control maintenance policy.of public welfare, to establish a state and local participating flood control maintenance policy. [ [ 1951 c 240 § 2.1951 c 240 § 2.]] 86.26.00786.26.007 Flood control assistance account—Use.Flood control assistance account—Use. The flood control assistance account is hereby established in the state treasury. At the beginningThe flood control assistance account is hereby established in the state treasury. At the beginning of the 2005­2007 fiscal biennium, the state treasurer shall transfer three million dollars from the generalof the 2005­2007 fiscal biennium, the state treasurer shall transfer three million dollars from the general fund to the flood control assistance account. Each biennium thereafter the state treasurer shall transferfund to the flood control assistance account. Each biennium thereafter the state treasurer shall transfer four million dollars from the general fund to the flood control assistance account, except that during thefour million dollars from the general fund to the flood control assistance account, except that during the 2011­2013 fiscal biennium, the state treasurer shall transfer one million dollars from the general fund to2011­2013 fiscal biennium, the state treasurer shall transfer one million dollars from the general fund to the flood control assistance account. Moneys in the flood control assistance account may be spent onlythe flood control assistance account. Moneys in the flood control assistance account may be spent only after appropriation for purposes specified under this chapter. During the 2013­2015 fiscal biennium andafter appropriation for purposes specified under this chapter. During the 2013­2015 fiscal biennium and the 2015­2017 fiscal biennium, the legislature may transfer from the flood control assistance account tothe 2015­2017 fiscal biennium, the legislature may transfer from the flood control assistance account to the state general fund such amounts as reflect the excess fund balance of the account. During the 2017­the state general fund such amounts as reflect the excess fund balance of the account. During the 2017­ 2019 fiscal biennium, the legislature may appropriate moneys from the account for the purposes2019 fiscal biennium, the legislature may appropriate moneys from the account for the purposes specified under chapter specified under chapter 90.9490.94 RCW. RCW. http://app.leg.wa.gov/RCW/default.aspx?cite=86.26 https://app.leg.wa.gov/RCW/default.aspx?cite=86.26 https://app.leg.wa.gov/RCW/dispo.aspx?cite=86.26 http://leg.wa.gov/CodeReviser/documents/sessionlaw/1951c240.pdf?cite=1951%20c%20240%20%C2%A7%202. http://app.leg.wa.gov/RCW/default.aspx?cite=90.94 [ [ 2018 c 299 § 917;2018 c 299 § 917; 2015 3rd sp.s. c 4 § 978;2015 3rd sp.s. c 4 § 978; 2013 2nd sp.s. c 4 § 1005;2013 2nd sp.s. c 4 § 1005; 2012 2nd sp.s. c 7 § 932;2012 2nd sp.s. c 7 § 932; 2011 1st sp.s. c 50 § 976;2011 1st sp.s. c 50 § 976; 2009 c 564 § 961;2009 c 564 § 961; 2005 c 518 § 947;2005 c 518 § 947; 2003 1st sp.s. c 25 § 943;2003 1st sp.s. c 25 § 943; 1997 c 1491997 c 149 § 914;§ 914; 1996 c 283 § 903;1996 c 283 § 903; 1995 2nd sp.s. c 18 § 915;1995 2nd sp.s. c 18 § 915; 1993 sp.s. c 24 § 928;1993 sp.s. c 24 § 928; 1991 sp.s. c 13 § 24;1991 sp.s. c 13 § 24; 19861986 c 46 § 1;c 46 § 1; 1985 c 57 § 88;1985 c 57 § 88; 1984 c 212 § 1.1984 c 212 § 1.]] NOTES:NOTES: Effective dateEffective date——2018 c 299:2018 c 299: See note following RCW See note following RCW 43.41.43343.41.433.. Effective datesEffective dates——2015 3rd sp.s. c 4:2015 3rd sp.s. c 4: See note following RCW See note following RCW 28B.15.06928B.15.069.. Effective datesEffective dates——2013 2nd sp.s. c 4:2013 2nd sp.s. c 4: See note following RCW See note following RCW 2.68.0202.68.020.. Effective dateEffective date——2012 2nd sp.s. c 7:2012 2nd sp.s. c 7: See note following RCW See note following RCW 2.68.0202.68.020.. Effective datesEffective dates——2011 1st sp.s. c 50:2011 1st sp.s. c 50: See note following RCW See note following RCW 15.76.11515.76.115.. Effective dateEffective date——2009 c 564:2009 c 564: See note following RCW See note following RCW 2.68.0202.68.020.. SeverabilitySeverability——Effective dateEffective date——2005 c 518:2005 c 518: See notes following RCW See notes following RCW 28A.500.03028A.500.030.. SeverabilitySeverability——Effective dateEffective date——2003 1st sp.s. c 25:2003 1st sp.s. c 25: See notes following RCW See notes following RCW 19.28.35119.28.351.. SeverabilitySeverability——Effective dateEffective date——1997 c 149:1997 c 149: See notes following RCW See notes following RCW 43.08.25043.08.250.. SeverabilitySeverability——Effective dateEffective date——1996 c 283:1996 c 283: See notes following RCW See notes following RCW 43.08.25043.08.250.. SeverabilitySeverability——Effective dateEffective date——1995 2nd sp.s. c 18:1995 2nd sp.s. c 18: See notes following RCW See notes following RCW 19.118.11019.118.110.. SeverabilitySeverability——Effective datesEffective dates——1993 sp.s. c 24:1993 sp.s. c 24: See notes following RCW See notes following RCW 28A.310.02028A.310.020.. Effective datesEffective dates——SeverabilitySeverability——1991 sp.s. c 13:1991 sp.s. c 13: See notes following RCW See notes following RCW 18.08.24018.08.240.. Effective dateEffective date——1985 c 57:1985 c 57: See note following RCW See note following RCW 18.04.10518.04.105.. 86.26.01086.26.010 Administration and enforcement.Administration and enforcement. The department of ecology shall have charge for the state of the administration and enforcementThe department of ecology shall have charge for the state of the administration and enforcement of all laws relating to flood control.of all laws relating to flood control. [ [ 1984 c 212 § 2;1984 c 212 § 2; 1951 c 240 § 3.1951 c 240 § 3.]] 86.26.04086.26.040 Duties of local engineer—Approval of plans, etc., by department of ecology—Duties of local engineer—Approval of plans, etc., by department of ecology— http://lawfilesext.leg.wa.gov/biennium/2017-18/Pdf/Bills/Session%20Laws/Senate/6032-S.SL.pdf?cite=2018%20c%20299%20%C2%A7%20917; http://lawfilesext.leg.wa.gov/biennium/2015-16/Pdf/Bills/Session%20Laws/Senate/6052-S.SL.pdf?cite=2015%203rd%20sp.s.%20c%204%20%C2%A7%20978; http://lawfilesext.leg.wa.gov/biennium/2013-14/Pdf/Bills/Session%20Laws/Senate/5034-S.SL.pdf?cite=2013%202nd%20sp.s.%20c%204%20%C2%A7%201005; http://lawfilesext.leg.wa.gov/biennium/2011-12/Pdf/Bills/Session%20Laws/House/2127-S.SL.pdf?cite=2012%202nd%20sp.s.%20c%207%20%C2%A7%20932; http://lawfilesext.leg.wa.gov/biennium/2011-12/Pdf/Bills/Session%20Laws/House/1087-S.SL.pdf?cite=2011%201st%20sp.s.%20c%2050%20%C2%A7%20976; http://lawfilesext.leg.wa.gov/biennium/2009-10/Pdf/Bills/Session%20Laws/House/1244-S.SL.pdf?cite=2009%20c%20564%20%C2%A7%20961; http://lawfilesext.leg.wa.gov/biennium/2005-06/Pdf/Bills/Session%20Laws/Senate/6090-S.SL.pdf?cite=2005%20c%20518%20%C2%A7%20947; http://lawfilesext.leg.wa.gov/biennium/2003-04/Pdf/Bills/Session%20Laws/Senate/5404-S.SL.pdf?cite=2003%201st%20sp.s.%20c%2025%20%C2%A7%20943; http://lawfilesext.leg.wa.gov/biennium/1997-98/Pdf/Bills/Session%20Laws/Senate/6062-S.SL.pdf?cite=1997%20c%20149%20%C2%A7%20914; http://lawfilesext.leg.wa.gov/biennium/1995-96/Pdf/Bills/Session%20Laws/Senate/6251-S.SL.pdf?cite=1996%20c%20283%20%C2%A7%20903; http://lawfilesext.leg.wa.gov/biennium/1995-96/Pdf/Bills/Session%20Laws/House/1410-S.SL.pdf?cite=1995%202nd%20sp.s.%20c%2018%20%C2%A7%20915; http://lawfilesext.leg.wa.gov/biennium/1993-94/Pdf/Bills/Session%20Laws/Senate/5968-S.SL.pdf?cite=1993%20sp.s.%20c%2024%20%C2%A7%20928; http://lawfilesext.leg.wa.gov/biennium/1991-92/Pdf/Bills/Session%20Laws/House/1058-S.SL.pdf?cite=1991%20sp.s.%20c%2013%20%C2%A7%2024; http://leg.wa.gov/CodeReviser/documents/sessionlaw/1986c46.pdf?cite=1986%20c%2046%20%C2%A7%201; http://leg.wa.gov/CodeReviser/documents/sessionlaw/1985c57.pdf?cite=1985%20c%2057%20%C2%A7%2088; http://leg.wa.gov/CodeReviser/documents/sessionlaw/1984c212.pdf?cite=1984%20c%20212%20%C2%A7%201. http://app.leg.wa.gov/RCW/default.aspx?cite=43.41.433 http://app.leg.wa.gov/RCW/default.aspx?cite=28B.15.069 http://app.leg.wa.gov/RCW/default.aspx?cite=2.68.020 http://app.leg.wa.gov/RCW/default.aspx?cite=2.68.020 http://app.leg.wa.gov/RCW/default.aspx?cite=15.76.115 http://app.leg.wa.gov/RCW/default.aspx?cite=2.68.020 http://app.leg.wa.gov/RCW/default.aspx?cite=28A.500.030 http://app.leg.wa.gov/RCW/default.aspx?cite=19.28.351 http://app.leg.wa.gov/RCW/default.aspx?cite=43.08.250 http://app.leg.wa.gov/RCW/default.aspx?cite=43.08.250 http://app.leg.wa.gov/RCW/default.aspx?cite=19.118.110 http://app.leg.wa.gov/RCW/default.aspx?cite=28A.310.020 http://app.leg.wa.gov/RCW/default.aspx?cite=18.08.240 http://app.leg.wa.gov/RCW/default.aspx?cite=18.04.105 http://leg.wa.gov/CodeReviser/documents/sessionlaw/1984c212.pdf?cite=1984%20c%20212%20%C2%A7%202; http://leg.wa.gov/CodeReviser/documents/sessionlaw/1951c240.pdf?cite=1951%20c%20240%20%C2%A7%203. Grants to prepare comprehensive flood control management plan.Grants to prepare comprehensive flood control management plan. Whenever state grants under this chapter are used in a flood control maintenance project, theWhenever state grants under this chapter are used in a flood control maintenance project, the engineer of the county within which the project is located shall approve all plans for the specific projectengineer of the county within which the project is located shall approve all plans for the specific project and shall supervise the work. The approval of such plans, construction and expenditures by theand shall supervise the work. The approval of such plans, construction and expenditures by the department of ecology, in consultation with the department of fish and wildlife, shall be a conditiondepartment of ecology, in consultation with the department of fish and wildlife, shall be a condition precedent to state participation in the cost of any project beyond planning and designing the specificprecedent to state participation in the cost of any project beyond planning and designing the specific project.project. Additionally, state grants may be made to counties for preparation of a comprehensive floodAdditionally, state grants may be made to counties for preparation of a comprehensive flood control management plan required to be prepared under RCW control management plan required to be prepared under RCW 86.26.05086.26.050.. [ [ 1994 c 264 § 77;1994 c 264 § 77; 1988 c 36 § 63;1988 c 36 § 63; 1986 c 46 § 2;1986 c 46 § 2; 1984 c 212 § 3;1984 c 212 § 3; 1951 c 240 § 6.1951 c 240 § 6.]] 86.26.05086.26.050 Projects in which state will participate—Allocation of funds.Projects in which state will participate—Allocation of funds. (1) State participation shall be in such preparation of comprehensive flood control management(1) State participation shall be in such preparation of comprehensive flood control management plans under this chapter and chapter plans under this chapter and chapter 86.1286.12 RCW, cost sharing feasibility studies for new flood control RCW, cost sharing feasibility studies for new flood control projects, projects pursuant to section 33, chapter 322, Laws of 1991, and flood control maintenanceprojects, projects pursuant to section 33, chapter 322, Laws of 1991, and flood control maintenance projects as are affected with a general public and state interest, as differentiated from a private interest,projects as are affected with a general public and state interest, as differentiated from a private interest, and as are likely to bring about public benefits commensurate with the amount of state funds allocatedand as are likely to bring about public benefits commensurate with the amount of state funds allocated thereto.thereto. (2) No participation for flood control maintenance projects may occur with a county or other(2) No participation for flood control maintenance projects may occur with a county or other municipal corporation unless the director of ecology has approved the floodplain management activitiesmunicipal corporation unless the director of ecology has approved the floodplain management activities of the county, city, or town having planning jurisdiction over the area where the flood control maintenanceof the county, city, or town having planning jurisdiction over the area where the flood control maintenance project will be, on the one hundred year floodplain surrounding such area.project will be, on the one hundred year floodplain surrounding such area. The department of ecology shall adopt rules concerning the floodplain management activities of aThe department of ecology shall adopt rules concerning the floodplain management activities of a county, city, or town that are adequate to protect or preclude flood damage to structures, works, andcounty, city, or town that are adequate to protect or preclude flood damage to structures, works, and improvements, including the restriction of land uses within a river's meander belt or floodway to onlyimprovements, including the restriction of land uses within a river's meander belt or floodway to only flood­compatible uses. Whenever the department has approved county, city, and town floodplainflood­compatible uses. Whenever the department has approved county, city, and town floodplain management activities, as a condition of receiving an allocation of funds under this chapter, each revisionmanagement activities, as a condition of receiving an allocation of funds under this chapter, each revision to the floodplain management activities must be approved by the department of ecology, in consultationto the floodplain management activities must be approved by the department of ecology, in consultation with the department of fish and wildlife.with the department of fish and wildlife. No participation with a county or other municipal corporation for flood control maintenanceNo participation with a county or other municipal corporation for flood control maintenance projects may occur unless the county engineer of the county within which the flood control maintenanceprojects may occur unless the county engineer of the county within which the flood control maintenance project is located certifies that a comprehensive flood control management plan has been completed andproject is located certifies that a comprehensive flood control management plan has been completed and adopted by the appropriate local authority, or is being prepared for all portions of the river basin or otheradopted by the appropriate local authority, or is being prepared for all portions of the river basin or other area, within which the project is located in that county, that are subject to flooding with a frequency of onearea, within which the project is located in that county, that are subject to flooding with a frequency of one hundred years or less.hundred years or less. (3) Participation for flood control maintenance projects and preparation of comprehensive flood(3) Participation for flood control maintenance projects and preparation of comprehensive flood control management plans shall be made from grants made by the department of ecology from the floodcontrol management plans shall be made from grants made by the department of ecology from the flood control assistance account. Comprehensive flood control management plans, and any revisions to thecontrol assistance account. Comprehensive flood control management plans, and any revisions to the plans, must be approved by the department of ecology, in consultation with the department of fish andplans, must be approved by the department of ecology, in consultation with the department of fish and wildlife. The department may only grant financial assistance to local governments that, in the opinion ofwildlife. The department may only grant financial assistance to local governments that, in the opinion of the department, are making good faith efforts to take advantage of, or comply with, federal and statethe department, are making good faith efforts to take advantage of, or comply with, federal and state flood control programs.flood control programs. [ [ 1994 c 264 § 78;1994 c 264 § 78; 1991 c 322 § 6;1991 c 322 § 6; 1988 c 36 § 64;1988 c 36 § 64; 1986 c 46 § 3;1986 c 46 § 3; 1985 c 454 § 1;1985 c 454 § 1; 1984 c 212 § 4;1984 c 212 § 4; 19511951 c 240 § 7.c 240 § 7.]] http://lawfilesext.leg.wa.gov/biennium/1993-94/Pdf/Bills/Session%20Laws/House/2590.SL.pdf?cite=1994%20c%20264%20%C2%A7%2077; http://leg.wa.gov/CodeReviser/documents/sessionlaw/1988c36.pdf?cite=1988%20c%2036%20%C2%A7%2063; http://leg.wa.gov/CodeReviser/documents/sessionlaw/1986c46.pdf?cite=1986%20c%2046%20%C2%A7%202; http://leg.wa.gov/CodeReviser/documents/sessionlaw/1984c212.pdf?cite=1984%20c%20212%20%C2%A7%203; http://leg.wa.gov/CodeReviser/documents/sessionlaw/1951c240.pdf?cite=1951%20c%20240%20%C2%A7%206. http://app.leg.wa.gov/RCW/default.aspx?cite=86.12 http://lawfilesext.leg.wa.gov/biennium/1993-94/Pdf/Bills/Session%20Laws/House/2590.SL.pdf?cite=1994%20c%20264%20%C2%A7%2078; http://lawfilesext.leg.wa.gov/biennium/1991-92/Pdf/Bills/Session%20Laws/Senate/5411-S.SL.pdf?cite=1991%20c%20322%20%C2%A7%206; http://leg.wa.gov/CodeReviser/documents/sessionlaw/1988c36.pdf?cite=1988%20c%2036%20%C2%A7%2064; http://leg.wa.gov/CodeReviser/documents/sessionlaw/1986c46.pdf?cite=1986%20c%2046%20%C2%A7%203; http://leg.wa.gov/CodeReviser/documents/sessionlaw/1985c454.pdf?cite=1985%20c%20454%20%C2%A7%201; http://leg.wa.gov/CodeReviser/documents/sessionlaw/1984c212.pdf?cite=1984%20c%20212%20%C2%A7%204; http://leg.wa.gov/CodeReviser/documents/sessionlaw/1951c240.pdf?cite=1951%20c%20240%20%C2%A7%207. NOTES:NOTES: FindingsFindings——IntentIntent——PurposePurpose——1991 c 322:1991 c 322: See notes following RCW See notes following RCW 86.12.20086.12.200.. 86.26.06086.26.060 Allocation of funds.Allocation of funds. Grants for flood control maintenance shall be so employed that as far as possible, funds will beGrants for flood control maintenance shall be so employed that as far as possible, funds will be on hand to meet unusual, unforeseeable and emergent flood conditions. Allocations by the department ofon hand to meet unusual, unforeseeable and emergent flood conditions. Allocations by the department of ecology, for emergency purposes, shall in each instance be in amounts which together with fundsecology, for emergency purposes, shall in each instance be in amounts which together with funds provided by local authority, if any, under reasonable exercise of its emergency powers, shall be adequateprovided by local authority, if any, under reasonable exercise of its emergency powers, shall be adequate for the preservation of life and property, and with due regard to similar needs elsewhere in the state.for the preservation of life and property, and with due regard to similar needs elsewhere in the state. [ [ 1984 c 212 § 5;1984 c 212 § 5; 1951 c 240 § 8.1951 c 240 § 8.]] 86.26.07086.26.070 Flood control maintenance fund of municipal corporation—Composition—Use.Flood control maintenance fund of municipal corporation—Composition—Use. Any municipal corporation subject to flood conditions, may establish in its treasury a flood controlAny municipal corporation subject to flood conditions, may establish in its treasury a flood control maintenance fund. Such fund may be maintained by transfer thereto of moneys derived from regular ormaintenance fund. Such fund may be maintained by transfer thereto of moneys derived from regular or special lawful levies for flood control purposes, moneys which may be lawfully transferred to it from anyspecial lawful levies for flood control purposes, moneys which may be lawfully transferred to it from any other municipal fund; and gifts and contributions received for flood control purposes. All costs andother municipal fund; and gifts and contributions received for flood control purposes. All costs and expenses for flood control maintenance purposes shall be paid out of said flood control maintenanceexpenses for flood control maintenance purposes shall be paid out of said flood control maintenance fund, which fund shall not be used for any other purpose.fund, which fund shall not be used for any other purpose. [ [ 1951 c 240 § 9.1951 c 240 § 9.]] 86.26.08086.26.080 Annual budget reports of municipal corporations—Allocation of funds.Annual budget reports of municipal corporations—Allocation of funds. Any municipal corporation intending to seek state participating funds shall, within thirty days afterAny municipal corporation intending to seek state participating funds shall, within thirty days after final adoption of its annual budget for flood control purposes, report the amount thereof, to the engineerfinal adoption of its annual budget for flood control purposes, report the amount thereof, to the engineer of the county within whose boundaries the municipal corporation lies. The county engineer shall submitof the county within whose boundaries the municipal corporation lies. The county engineer shall submit such reports, together with reports from the county itself, to the department of ecology. On the basis of allsuch reports, together with reports from the county itself, to the department of ecology. On the basis of all such budget reports received, the department may thereupon prepare a tentative and preliminary plan forsuch budget reports received, the department may thereupon prepare a tentative and preliminary plan for the orderly and most beneficial allocation of funds from the flood control assistance account for thethe orderly and most beneficial allocation of funds from the flood control assistance account for the ensuing calendar year. Soil conservation districts shall be exempted from the provisions of this section.ensuing calendar year. Soil conservation districts shall be exempted from the provisions of this section. [ [ 1984 c 212 § 6;1984 c 212 § 6; 1951 c 240 § 10.1951 c 240 § 10.]] 86.26.09086.26.090 Scope of maintenance in which state will participate.Scope of maintenance in which state will participate. http://app.leg.wa.gov/RCW/default.aspx?cite=86.12.200 http://leg.wa.gov/CodeReviser/documents/sessionlaw/1984c212.pdf?cite=1984%20c%20212%20%C2%A7%205; http://leg.wa.gov/CodeReviser/documents/sessionlaw/1951c240.pdf?cite=1951%20c%20240%20%C2%A7%208. http://leg.wa.gov/CodeReviser/documents/sessionlaw/1951c240.pdf?cite=1951%20c%20240%20%C2%A7%209. http://leg.wa.gov/CodeReviser/documents/sessionlaw/1984c212.pdf?cite=1984%20c%20212%20%C2%A7%206; http://leg.wa.gov/CodeReviser/documents/sessionlaw/1951c240.pdf?cite=1951%20c%20240%20%C2%A7%2010. The state shall participate with eligible local authorities in maintaining and restoring the normalThe state shall participate with eligible local authorities in maintaining and restoring the normal and reasonably stable river and stream channel alignment and the normal and reasonably stable riverand reasonably stable river and stream channel alignment and the normal and reasonably stable river and stream channel capacity for carrying off flood waters with a minimum of damage from bank erosionand stream channel capacity for carrying off flood waters with a minimum of damage from bank erosion or overflow of adjacent lands and property; and in restoring, maintaining and repairing natural conditions,or overflow of adjacent lands and property; and in restoring, maintaining and repairing natural conditions, works and structures for the maintenance of such conditions. State participation in the repair of floodworks and structures for the maintenance of such conditions. State participation in the repair of flood control facilities may include the enhancement of such facilities. The state shall likewise participate in thecontrol facilities may include the enhancement of such facilities. The state shall likewise participate in the restoration and maintenance of natural conditions, works or structures for the protection of lands andrestoration and maintenance of natural conditions, works or structures for the protection of lands and other property from inundation or other damage by the sea or other bodies of water. Funds from the floodother property from inundation or other damage by the sea or other bodies of water. Funds from the flood control assistance account shall not be available for maintenance of works or structures maintainedcontrol assistance account shall not be available for maintenance of works or structures maintained solely for the detention or storage of flood waters.solely for the detention or storage of flood waters. [ [ 1991 c 322 § 7;1991 c 322 § 7; 1984 c 212 § 7;1984 c 212 § 7; 1951 c 240 § 11.1951 c 240 § 11.]] NOTES:NOTES: FindingsFindings——IntentIntent——PurposePurpose——1991 c 322:1991 c 322: See notes following RCW See notes following RCW 86.12.20086.12.200.. 86.26.10086.26.100 Agreement as to participation—Limit on amount.Agreement as to participation—Limit on amount. State participation in the cost of any flood control maintenance project shall be provided for by aState participation in the cost of any flood control maintenance project shall be provided for by a written memorandum agreement between the director of ecology and the legislative authority of thewritten memorandum agreement between the director of ecology and the legislative authority of the county submitting the request, which agreement, among other things, shall state the estimated cost andcounty submitting the request, which agreement, among other things, shall state the estimated cost and the percentage thereof to be borne by the state. In no instance, except on emergency projects, shall thethe percentage thereof to be borne by the state. In no instance, except on emergency projects, shall the state's share exceed seventy­five percent of the total cost of the project, to include project planning andstate's share exceed seventy­five percent of the total cost of the project, to include project planning and design. Grants for cost sharing feasibility studies for new flood control projects shall not exceed fiftydesign. Grants for cost sharing feasibility studies for new flood control projects shall not exceed fifty percent of the matching funds that are required by the federal government, and shall not exceed twenty­percent of the matching funds that are required by the federal government, and shall not exceed twenty­ five percent of the total costs of the feasibility study. However, grants to prepare a comprehensive floodfive percent of the total costs of the feasibility study. However, grants to prepare a comprehensive flood control management plan required under RCW control management plan required under RCW 86.26.05086.26.050 shall not exceed seventy­five percent of the shall not exceed seventy­five percent of the full planning costs, but not to exceed amounts for either purpose specified in rule and regulation by thefull planning costs, but not to exceed amounts for either purpose specified in rule and regulation by the department of ecology.department of ecology. [ [ 2000 c 20 § 1;2000 c 20 § 1; 1991 c 322 § 8;1991 c 322 § 8; 1986 c 46 § 4;1986 c 46 § 4; 1984 c 212 § 8;1984 c 212 § 8; 1951 c 240 § 12.1951 c 240 § 12.]] NOTES:NOTES: FindingsFindings——IntentIntent——PurposePurpose——1991 c 322:1991 c 322: See notes following RCW See notes following RCW 86.12.20086.12.200.. 86.26.10586.26.105 Comprehensive flood control management plan—Requirements—Time forComprehensive flood control management plan—Requirements—Time for completion.completion. A comprehensive flood control management plan shall determine the need for flood control work,A comprehensive flood control management plan shall determine the need for flood control work, consider alternatives to in­stream flood control work, identify and consider potential impacts of in­streamconsider alternatives to in­stream flood control work, identify and consider potential impacts of in­stream http://lawfilesext.leg.wa.gov/biennium/1991-92/Pdf/Bills/Session%20Laws/Senate/5411-S.SL.pdf?cite=1991%20c%20322%20%C2%A7%207; http://leg.wa.gov/CodeReviser/documents/sessionlaw/1984c212.pdf?cite=1984%20c%20212%20%C2%A7%207; http://leg.wa.gov/CodeReviser/documents/sessionlaw/1951c240.pdf?cite=1951%20c%20240%20%C2%A7%2011. http://app.leg.wa.gov/RCW/default.aspx?cite=86.12.200 http://lawfilesext.leg.wa.gov/biennium/1999-00/Pdf/Bills/Session%20Laws/House/2851.SL.pdf?cite=2000%20c%2020%20%C2%A7%201; http://lawfilesext.leg.wa.gov/biennium/1991-92/Pdf/Bills/Session%20Laws/Senate/5411-S.SL.pdf?cite=1991%20c%20322%20%C2%A7%208; http://leg.wa.gov/CodeReviser/documents/sessionlaw/1986c46.pdf?cite=1986%20c%2046%20%C2%A7%204; http://leg.wa.gov/CodeReviser/documents/sessionlaw/1984c212.pdf?cite=1984%20c%20212%20%C2%A7%208; http://leg.wa.gov/CodeReviser/documents/sessionlaw/1951c240.pdf?cite=1951%20c%20240%20%C2%A7%2012. http://app.leg.wa.gov/RCW/default.aspx?cite=86.12.200 flood control work on the state's in­stream resources, and identify the river's meander belt or floodway. Aflood control work on the state's in­stream resources, and identify the river's meander belt or floodway. A comprehensive flood control management plan shall be completed and adopted within at least threecomprehensive flood control management plan shall be completed and adopted within at least three years of the certification that it is being prepared, as provided in RCW years of the certification that it is being prepared, as provided in RCW 86.26.05086.26.050.. If after this three­year period has elapsed such a comprehensive flood control plan has not beenIf after this three­year period has elapsed such a comprehensive flood control plan has not been completed and adopted, grants for flood control maintenance projects shall not be made to the county orcompleted and adopted, grants for flood control maintenance projects shall not be made to the county or municipal corporations in the county until a comprehensive flood control plan is completed and adoptedmunicipal corporations in the county until a comprehensive flood control plan is completed and adopted by the appropriate local authority. These limitations on grants shall not preclude allocations forby the appropriate local authority. These limitations on grants shall not preclude allocations for emergency purposes made pursuant to RCW emergency purposes made pursuant to RCW 86.26.06086.26.060.. [ [ 1986 c 46 § 5;1986 c 46 § 5; 1984 c 212 § 9.1984 c 212 § 9.]] http://leg.wa.gov/CodeReviser/documents/sessionlaw/1986c46.pdf?cite=1986%20c%2046%20%C2%A7%205; http://leg.wa.gov/CodeReviser/documents/sessionlaw/1984c212.pdf?cite=1984%20c%20212%20%C2%A7%209.