Seattle Houseboat Update

Houseboat Regulations Update

Floating On Water Residences, House Barges & Vessels With Dwelling Units

For the last 4 years, houseboat owners have been struggling to stay afloat in Seattle. Not much news has been published since last summer, so we wanted to provide an update and offer some new information. Please note that the information provided here is NOT official, but rather is representative of our understanding of the current and proposed regulations. We have previously published updates on Seattle-Houseboat.com and SpecialAgentsRealty.com .

Seattle’s Shoreline Master Plan Update is NOT Final

Seattle has been working to complete the Shoreline Master Plan (SMP) for a long time and has indicated that they expect this to be completed by March of 2015. Until that time, Seattle’s existing SMP (Adopted in 1987) remains in force. How does this relate to houseboats?

1987 SMP is in Effect

The 1987 rules do not specifically call out “houseboats.” Those rules instead refer to Vessels, having steering and propulsion, that are used as dwelling units and to Housebarges, vessels capable of navigation by being towed. The ambiguity of this rule led to numerous Notice Of Violations being issued by Seattle’s Department of Planning and Development (DPD - previously known as DCLU) primarily against houseboats. DPD began developing the drafts for the new SMP in 2007, it became apparent that Houseboats were in danger of being eliminated entirely in Seattle Waters. As a result, we (Kevin & Linda Bagley) formed Lake Union Liveaboard Association (LULA) and began organizing to protect the houseboat community.

SB 6450 Went in Effect June 2014

Over a 5 year period, representatives of LULA participated in City Council meetings, DPD Meetings, and met with Mayors, Legislators, and Senators to try to develop a solution. In June of 2014, Senate Bill 6450 went into effect, protecting “ Floating On Water Residences ” ( FOWR ).

A floating on-water residence legally established prior to July 1, 2014, must be considered a conforming use and accommodated through reasonable shoreline master program regulations, permit conditions, or mitigation that will not effectively preclude maintenance, repair, replacement, and remodeling of existing floating on-water residences and their moorages by rendering these actions impracticable.

• Floating On Water Residences ( State Definition ) effective July 1, 2014
  • Other than Floating Homes
  • Designed or used primarily as a residence
  • Has detachable utilities
  • Owner/occupant held ownership interest or lease or sublease to use space in a marina since a date prior to July 1, 2014
• Floating On Water Residences ( Seattle Definition ) effective SMP Implementation Date
  • Affects any floating dwelling unit (houseboats, housebarge) regardless of steering or propulsion
• Vessels with Dwelling Units (Seattle Definition) placed in moorage between July 1, 2014 and SMP Implementation Date
  • affects “houseboats” with steering and propulsion
  • Owner/occupant held ownership interest or lease or sublease to use space in a marina since a date ON OR AFTER July 1, 2014 and BEFORE SMP Implementation Date
• Housebarges Vessels without steering and propulsion, capable of navigation by being towed.
  • Pre SMP Implementation Date, continue to be regulated under 1987 SMP
  • post SMP Implementation Date, may continue to be house barges, or may become FOWRs. Owner’s choice.

What is a Floating On Water Residence (FOWR)?

In June of 2014, the State of Washington adopted SB 6450 into law, creating a state definition for a Floating On Water Residence (FOWR).

"floating on-water residence" means any floating structure other than a floating home, as defined under subsection (5) of this section, that: (i) Is designed or used primarily as a residence on the water and has detachable utilities; and (ii) whose owner or primary occupant has held an ownership interest in space in a marina, or has held a lease or sublease to use space in a marina, since a date prior to July 1, 2014.

The City of Seattle has created proposed rules to regulate FOWR’s in Seattle that are expected to go in effect sometime around March of 2015. The following update is based on communications with the Director of Compliance for DPD , Faith Lumsden;

• Based on the fact that the new law is NOT yet in effect, the current, existing law is still valid until the new law takes effect (probably around March, 2015 ). A "Vessel having steering and propulsion" can be brought in under the existing (circa 1990) law and would continue to be legal to be used as a live-aboard vessel. The City is calling these “ Vessels With Dwelling Units ” The city is proposing to offer a Plaque for these types of vessels.
• Under the new law, only those "Floating On Water Residences" (FOWR) that have been in Seattle - with a moorage agreement or ownership interest, at a marina, PRIOR to July 1, 2014 , would be eligible for the City of Seattle DPD Floating On Water Residence Plaque.
• A FOWR would NOT be allowed to be brought in after the implementation of the SMP because the new law prohibits its use as a live-aboard vessel.

I know it is confusing, but there are 5 ways of living on the water in Seattle, four of which will be eligible to apply to receive a City of Seattle Plaque . For the purposes of clarification, I have created 4 Seattle Specific Definitions. These definitions apply to vessels moored in Seattle waters. The 5th classification will NOT receive, nor be eligible for a plaque, but is allowed to be used as a liveaboard in Seattle Waters. NOTE: If your Floating On Water Residence is NOT located within the city of Seattle, you are still a Floating On Water Residence, however, you are not eligible for a Seattle plaque, and will not be allowed in Seattle as a liveaboard vessel after the implementation of the Seattle Shoreline Master Plan (SMP) expected sometime in March, 2015.

Seattle Specific Definitions (See Chart Below) :

1. Floating On Water Residence (FOWR): A vessel (with or without propulsion) that was designed primarily as a residence and was legally moored in a marina in Seattle waters PRIOR to July 1, 2014.
2. Vessel with Dwelling Unit: Vessels that have steering and propulsion, which may be designed primarily as a residence, but are navigable, and obtained legal moorage in Seattle waters BETWEEN July 1, 2014 and the SMP Implementation Date (Estimated March of 2015).
3. House Barge: Vessels primarily designed as residences, lacking steering and propulsion, but capable of navigation by being towed.
4. Floating Home: a single-family dwelling (NOT A VESSEL) constructed on a float that is moored, anchored, or otherwise secured in waters. Floating homes are required to be located in approved “floating home moorages”
5. Liveaboard Recreational Vessels: Vessels, designed primarily as Recreational Vessels (Excluding Houseboats) as described in the new SMP regulations (Estimated March of 2015).

Seattle Floating On Water Residence (FOWR)

• Moored legally in Seattle prior to July 1, 2014.
• Designed primarily as a residence.
• Includes houseboats
• No new Floating On Water Residences allowed in Seattle after July 1, 2014.
• Meets CITY and STATE definition of Floating On Water Residence.
• May be replaced. Has remodeling restrictions – Height, footprint, and square footage.

Vessel with Dwelling Unit

• Moored legally in Seattle between July 1, 2014 and date of SMP implementation. Was not in Seattle prior to July 1, 2014.
• May be designed primarily as a residence, however must have steering and propulsion.
• Includes houseboats with steering and propulsion.
• No new Vessels with Dwelling Units in Seattle Waters AFTER SMP implementation date.
• May be legal outside of Seattle Waters, depending on local SMP regulations.
• May not be replaced after SMP implementation

House Barge

• Has been continuously moored and used for residential purposes within the City of Seattle since June 1990.
• Designed and used for navigation but lacks a means of self-propulsion and steering equipment or capability (for example, it is designed and used for navigation by towing)
• After SMP Implementation, may be converted to a Floating On Water Residence, at owner’s option.
• No new house barges are permitted.
• There are currently 34 authorized house barges in Seattle Waters.
• Can be expanded. Has the same restrictions as a FOWR.

Floating Home

• A single-family dwelling constructed on a float that is moored, anchored, or otherwise secured in Seattle waters.
• Floating homes are required to be located in approved “floating home moorages”
• Must have direct connections to sewer and water utilities.
• Subject to building codes and other specific restrictions

No Plaque

• Post-SMP Implementation
  ‍‍RECREATIONAL VESSEL
• ‍Is legally moored in Seattle
• Designed primarily as a recreational vessel.
• ‍Excludes houseboats.
• Allowed both before and after July 1, 2014 and after SMP Implementation
• Does not meet CITY or STATE definition of Floating On Water Residence. These are Recreational Vessels.
• No Replacement or Remodeling restrictions.

Houseboats on the Multiple Listing Update

While Floating Homes and Moorage are able to be listed on the Northwest Multiple Listing Service (NWMLS), Houseboats listings were removed from the NWMLS in March of 2013. Although houseboats had been listed on the NWMLS for decades, they were removed because most houseboats are vessels and selling a vessel requires a Vessel Dealer License. Most Real Estate Brokers are not licensed Vessel Dealers. For some time, Special Agents Houseboats has been the only licensed Vessel Dealer specializing in Houseboat sales and has listed houseboats for sale on Seattle-Houseboat.com , SpecialAgentsRealty.com , and on LakeUnionLiving.com . We understand that this limits the market for the sale of a Houseboat and makes it difficult for people not familiar with our company to locate houseboats for sale. We have been working with the Department of Licensing to allow Floating On Water Residences to be sold by licensed Real Estate Brokers, which would then allow them to once again be listed on the NWMLS. To do this, the Real Estate and Vessel Dealer Licensing laws must be changed. The Real Estate Commission formed a task group comprised of interested stakeholders and commission members and crafted a draft of the proposed law changes. Bob Mitchell, Executive Projects Director for the Government Affairs committee of the Washington Realtors Association has taken the reigns to get this submitted to the legislature for the coming session. With little or no opposition, we expect this to be passed easily and to have bipartisan support. Send us your questions and we will respond! ( Kevin@Seattle-Houseboat.com )

Floating On Water Residences: Q&A

‍Q: Does my Floating On Water Residence (FOWR) require a plaque?
A: After the SMP Implementation, you will have a period of time to apply for and obtain your FOWR plaque. You will be required to have a plaque or be classified as a Recreational Vessel as described in the new SMP regulations.

Q: Can I bring in a new Floating On Water Residence?
A: Until the new SMP is implemented, vessels with steering and propulsion that contain Dwelling Units may be brought into Seattle Waters after July 1, 2014, and before the new SMP Implementation. These vessels will be categorized as "Vessels with Dwelling Units." The process for applying for such a vessel is not yet known.

Q: What value does the plaque offer me?
A: The plaque provides security, ensuring your FOWR can be maintained, remodeled, and replaced. FOWRs are protected from new regulations that could limit these rights.

Q: Can I sell my plaque?
A: No. You can sell your houseboat, and the plaque will transfer with it, or you can remove your houseboat from the Seattle SMP area and replace the existing footprint with a new structure.

Q: Can I expand my FOWR?
A: Yes. Seattle FOWRs may be expanded by up to 120 square feet (with height and footprint constraints) without any new requirements. Expanding beyond 120 square feet requires gray water containment and disposal.

Q: When do the new regulations take effect?
A: The regulations may not take effect until after July 1, 2014, but your FOWR must have been "legally established" prior to that date.

Q: Does my FOWR need to have engines?
A: No, engines are not required. This proposal by the DPD has been eliminated.

Q: Do proposals requiring Sail Area to Length Ratios, Freeboard Requirements, symmetrical mooring cleats, and fore and aft boarding stations still apply?
A: No. These proposals by the DPD have been eliminated.

Q: Am I required to drive my vessel on a 1-mile round trip, hire a naval architect, and get my vessel certified?
A: No. These proposals by the DPD have been eliminated. No performance test is required.

Q: Can I repair, remodel, or replace my FOWR?
A: Yes, with some restrictions. Repairs are allowed, but there are restrictions on what can be done in a marina (max 25% of the vessel at a time). Expansions up to 120 square feet are allowed, but exceeding that requires gray water containment and disposal. You can add deck railings (36” max) and stairs.

Q: Can I expand the size of my FOWR’s footprint?
A: No, with the single exception of one-time changes for stability as certified by a naval architect. If you utilize the stability expansion, no further expansion is allowed.

Q: What are the height restrictions for my FOWR?
A: If your current height is 18 feet or less, it cannot increase above 18 feet. If your current height is between 18 and 21 feet, no height increase is allowed. For heights over 21 feet, no expansion exceeding 21 feet is permitted.

Q: Does my FOWR need to have been used as a residence before July 1, 2014?
A: Yes. For the purpose of the regulations, a structure is considered to be "used primarily as a residence" if it contains a dwelling unit.

Q: How do I register my FOWR?
A: The exact process and fee amount have not yet been established. However, you will likely need to submit dimensions, pictures, and evidence that your vessel was moored in Seattle waters, held a lease or ownership in a marina, was designed or used as a dwelling unit before July 1, 2014, and has detachable utilities.

Q: After I apply and pay the fee, will I receive something to indicate compliance?
A: Yes. After DPD verifies your FOWR, you will receive a numbered plaque that must be displayed on the pier or landward side, or the side most used for access.

Q: What should I do if I’m unsure whether my vessel is a FOWR?
A: It is recommended to submit your vessel for verification if you are unsure. Once verified, your FOWR will be secure and protected.

Q: If I receive my FOWR plaque, can new regulations jeopardize my houseboat?
A: No. Once you have your plaque, you are officially verified as a "Floating On Water Residence," governed by Washington State Senate Bill SB-6450.

Q: Can I keep my FOWR on private property?
A: No. The regulation requires that the owner or primary occupant hold an ownership interest in a marina space or have a lease or sublease to use space in a marina.