DNR Lease Renewal and WUCIOA

Hello Floating Homes Owners!

Sheri here with another legislative update. There’s a lot going on this summer, so I thought I’d share what I’ve learned and hopefully answer a few of the questions I've been getting.

(Photo from 1977 USGS Lake Union Aerial Photo))

DNR Lease Renewals

As I've mentioned before, the first step in renewing your DNR lease is submitting the JARPA application.  This DNR Lease Application (Form JARPA) may be found in the folder tinyurl.com/FHA-Sheri.   I've also posted the application we submitted for Houseboat Harbor, Inc. as a sample, named HHI DNR Lease Renewal Application 092925 also in the folder tinyurl.com/FHA-Sheri.

Don't let the form intimidate you. It's really intended for people asking permission to make improvements on DNR property—not lease renewals—so you'll probably mark quite a few questions "N/A." DNR knows that. They mainly want the application submitted because that's what officially starts your renewal process.

Be sure to include your current survey with the application. Once DNR receives both, the State Surveyor will review your existing survey to see whether it meets today's requirements. Unfortunately, most older surveys don't because the state survey standards have changed, so there's a good chance you'll need a new survey.

After your application is submitted, your land manager will contact you to schedule a site visit. Ours was very low-key. They noticed a few Styrofoam pellets floating nearby (which had drifted in from elsewhere since we hadn't done any work) and pointed out that some tires will eventually need replacing. That was about it.

When I asked what comes next, their answer was simple: "Get your survey done." Once that's submitted, your renewal goes into the queue while they work through the paperwork.

Maintenance Plans

DNR will also ask for a long-term maintenance plan for your dock, coop, or condominium. Don't panic—it doesn't need to be a formal engineering report.

They're simply looking for a list of projects you've identified for the future, such as:

• Replacing old tires with new bumpers

• Wrapping or removing exposed Styrofoam

• Replacing dock decking with untreated wood

• Repairing or replacing pilings

They aren't trying to create unnecessary expense. They simply want to know that you're aware of future maintenance needs and have a reasonable plan for addressing them.

Will You Receive a 30-Year Lease?

No one can promise a 30-year lease, but based on our conversations with DNR staff, that certainly appears to be the standard expectation.

The renewal lease itself looks very much like the current one. The biggest differences involve the updated survey requirements, documentation for grandfathered floats, and increased insurance costs.

One other point that's worth mentioning: DNR only has authority over the portion of your dock located on DNR-owned aquatic lands. They cannot require improvements to the privately owned portions of your dock. So, for example, if additional light-permeable decking is required, that requirement would apply only to the DNR portion.

Surveyors

Several people have asked who is familiar with these surveys. Thanks to recommendations from other FHA members, I've identified two surveyors who have experience with this work. Their information is below and are also posted on the FHA website under the Members/Suggested Vendors section.

James M. Harper, PLS Bush Roed & Hitchings, Inc. 15400 SE 30th Place, Suite 100 Bellevue, WA 98007 (206) 323-4144 jamesh@brhinc.com www.brhinc.com

Steve McCaskey, PLS Professional Land Surveyor 165 NE Juniper St., Suite 201 Issaquah, WA 98027 (425) 961-2171 smccaskey@encompasses.net www.EncompassES.net

If you've worked with another surveyor you'd recommend, please let me know so we can add them to the list.

Grandfathered Floats

Another issue that's come up is documenting grandfathered floats.

If your float existed before March 1, 1977, it may qualify as grandfathered, but proving that can be a challenge.

I contacted Amy Groesbeck with the City, and she sent me several resources that may help locate historical records and photographs. I'll share what I find as I work through them.

Our DNR land managers, Trina and Tara, also mentioned that old family photos, dock party pictures, or other photographs showing the float before March 1, 1977, may be enough to establish its age.

So here's my request: if anyone has old aerial photos, family albums, or historical pictures of the lake, please let me know. They could end up helping more than one dock.

Security Deposits

Here's a little good news.

Thirty years ago it was nearly impossible to obtain the surety bond DNR required, so many of us had to place an entire year's lease payment into an assigned account.

Wendy Frietag, who lives on my dock, recently did some homework and discovered that Brown & Brown now writes these surety bonds for about 3% of the annual lease amount. Using a $20,000 lease as an example, the annual premium would be about $600.

That means your money can stay in your own account instead of sitting untouched as a security deposit.

Thanks, Wendy!

Can We Reduce the Cost of a DNR Lease?

I've been asked this question several times.

Unfortunately, DNR doesn't decide what you pay. The lease rate is set by state law using the value of the adjacent upland property as determined by the King County Assessor.

If you believe your property assessment is too high, appealing your King County assessment is really the only way to potentially lower your lease cost.

WUCIOA Update

The FHA retained Forrest Carlson of APEX Law Firm to review the revised Washington law affecting cooperatives and condominiums and determine which floating home communities may be impacted.  This brief written for FHA owners may be found under APEX explanation of WUCIOU in tinyurl.com/FHA-Sheri.

There are still some gray areas, so if you're unsure whether the law applies to your situation, I strongly encourage you to seek your own legal advice. The law does include penalties for non-compliance, so it's worth getting clarification sooner rather than later.

That's It for Now…

As always, if you have questions about any of this—or if there's another legislative issue you'd like the committee to look into—please don't hesitate to reach out.

I am available ANY time to answer your questions or ease your angst…😊 Have a wonderful summer, and I'll see you around the docks!

Sheri Greaves Vice President & Chair Legislative and Neighborhood Relations Committee

📞 206-321-8830.   ✉️ legislative@seattlefloatinghomes.org