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Ordinance 34740006.900000 JZL/WSS 9/16/03 R:10 /27 /03gjz R/ 10/29/03 gj z ORDINANCE NO. 3474 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING AN INTERIM ZONING ORDINANCE PURSUANT TO RCW 35A.63.220; AMENDING TITLE 20 OF THE EDMONDS COMMUNITY DEVELOPMENT CODE BY ADDING A NEW CHAPTER 20.16 ESSENTIAL PUBLIC FACILITIES THERETO; ADOPTING REGULATIONS GOVERNING THE SITING, PERMITTING AND MITIGATION OF ESSENTIAL PUBLIC FACILITIES; SETTING A PUBLIC HEARING, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, essential public facilities as defined by Chapter 36.70A RCW are necessary to support orderly growth and delivery of various public services; and WHEREAS, essential public facilities often implicate siting difficulties and create significant community impacts; and WHEREAS, consistent with applicable state law, the City Council desires to establish a regulatory scheme for essential. public facilities that will ensure the efficient and appropriate siting of said facilities while simultaneously providing for sufficient notice, public participation, mitigation and oversight; and WHEREAS, the City's intent in adopting said regulations is not to preclude the siting of essential public facilities in contravention of applicable state law; and WS S555894. DOC;1 /00006.900000 -1- WHEREAS, the City intervened in a case before the Central Puget Sound Growth Management Hearings Board styled as King County, et al, v. Snohomish County, et al, Case No. 03 -3 -0011; and WHEREAS, the Growth Management Hearings Board decision invalidated Snohomish County's essential public facilities requirements and remanded the matter back to Snohomish County for action; and WHEREAS, Snohomish County has filed a motion for reconsideration requesting a period of up to six months to amend its ordinance in order to comply with the provisions of the Board's order; and WHEREAS, the City had hoped to have more specific guidance in that matter, but the continuing process indicates that a final decision may be many months off; and WHEREAS, the City is anxious to comply with its Growth Management Act directive and to have in place an ordinance governing essential public facilities; and WHEREAS, RCW 35A.63.220 permits the adoption of interim zoning ordinances so long as a public hearing is held at a later date in accordance with the provisions of the statute; and WHEREAS, the preceding legislative findings are adopted as the basis for utilization of the interim zoning regulation NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Title 20 of the Edmonds Community Development Code is hereby amended by the addition of a new Chapter 20.16 Essential Public Facilities to provide in its entirety as follows: W S S 5558 94. DOC;1 /00006.900000 -2- Chapter 20.16 ESSENTIAL PUBLIC FACILITIES 20.16.010 Purpose and applicability 20.16.020 Definitions 20.16.030 Conditional use permit required 20.16.040 Optional site consultation process 20.16.045 Inter - jurisdictional siting 20.16.050 EPF conditional use permit procedure 20.16.060 Independent consultant review 20.16.070 Decision criteria 20.16.080 Decision criteria; EPF's proposed by a Regional Agency with jurisdiction 20.16.090 Denial of Regional EPF - Limitations 20.16.100 Permit Approval 20.16.110 Reconsideration and Appeal 10.2.6.120 Decision timing 10.16.130 Building permit application 20.16.010 Purpose and applicability A. This chapter establishes the City's siting process for essential public facilities in order to support orderly growth and delivery of public services. The City's goal in promulgating the regulations under this chapter is to ensure the timely, efficient and appropriate siting of EPFs while simultaneously acknowledging and mitigating the significant community impacts often created by such facilities. This chapter also seeks to promote enhanced public participation that will produce EPF siting decisions consistent with community goals. B. Nothing in this chapter should be construed as an attempt by the City to preclude the siting of essential public facilities in contravention of applicable state law. The chapter shall be interpreted in a manner consistent with the City's statutory obligations. C. The siting process established by this chapter does not apply to "secure community transition facilities" as defined under Chapter 71.09 RCW, or to residential health and social service facilities protected by state or federal law as residential uses permitted in residential zones. 20.16.020 Definitions The following definitions shall apply for purposes of this chapter: WS S555894. DOC;1 /00006.900000 -3- A. "City" means the City of Edmonds, Washington. B "Department" means the City of Edmonds Development Services Department. C. "Director" means the City of Edmonds Development Services Director. D. "Essential Public Facility" or "EPF" means: (i) a facility listed in RCW 36.70A.200; (ii) appearing on the list maintained by the State Office of Financial Management pursuant to RCW 36.70A.200(4), (iii) designated in the City's Comprehensive Plan; (iv) designated by a regional Agency with jurisdiction; IMi/w.T (v) including any facility owned or operated by a unit of local or state government, a public utility or transportation company, or any other entity under contract to a unit of local or state government to provide an essential public facility. E. "Regional Essential Public Facility" or "Regional EPF" means a project designated as an EPF and sited by a bona fide Regional Agency acting within its legally constituted authority and geographical jurisdiction. F. "Project sponsor" means the proponent and/or applicant for an essential public facility. 20.16.030 Conditional use permit required All EPFs shall comply with the provisions of both this chapter and Chapter 20.05 ECDC. PROVIDED, HOWEVER, that a Regional EPF need comply only with the provisions of this Chapter and remain consistent with the City's Comprehensive Plan. An EPF shall be considered a conditional use in all zones in which it is listed as a permitted or conditional use under Title 16 ECDC. In the event of a conflict with any other ECDC provision, the provisions of this chapter shall govern. 20.16.040 Optional site consultation process Prior to submitting a conditional use permit application, an EPF sponsor may initiate optional site consultation with the WSS555894. DOC;1 /00006.900000 -4- Department. This consultation process, while not required, is encouraged as a means for project sponsors to present facility proposals, seek information about potential sites, and propose possible siting incentives and mitigation measures. 20.16.045 Inter - jurisdictional siting In the event that the City has executed an interlocal agreement with one or more other jurisdictions regarding the siting of EPFs of a regional or state -wide nature, the City shall cooperate fully and in good faith with said jurisdictions to the extent specified in the interlocal agreement. PROVIDED, that nothing in this section nor in any such interlocal agreement shall be construed as waiving, limiting or otherwise abridging the City's regulatory authority. 20.16.050 EPF conditional use permit procedure A. Application for EPF siting approval shall be made pursuant to ECDC 20.90.010, as consistent with this chapter. Approval, conditional approval or denial of the project sponsor's application shall be made by the City of Edmonds Hearing Examiner after a full public hearing. B. The conditional use permit application shall also include a public participation plan designed to encourage early public involvement in the siting decision and in determining possible mitigation measures. Informational public meetings within the City shall be scheduled pursuant to this process; the number of meetings shall be set by the Director consistent with the size, complexity and estimated impacts of the proposal. C. In addition to the conditional use permit application fee, an additional fee of $5,000 shall be required for the additional costs associated with review of the application under the criteria established in ECDC 20.16.070. Facilities for the disabled may apply for a reduction of this fee pursuant to Chapter 17.05 ECDC to a level consistent with the administrative burden placed upon the City's resources. 20.16.060 Independent consultant review 1. The Director may require independent consultant review of the proposal to assess its compliance with the criteria contained in ECDC 20.16.070 and 20.16.080. 2. If such independent consultant review is required, the project sponsor shall make a deposit with the Department sufficient to defray the cost of such review. Said deposit shall be W SS555894. DOC;1 /00006.900000 -5- separate from and in addition to any other fee paid by this Chapter. The deposit shall be set at a level consistent with the anticipated cost of review based on the size, complexity and estimated impacts of the proposal. The deposit shall be supplemented by the applicant from time to time to ensure payment of the reasonable cost of consultant review. Any unexpended funds shall be returned to the applicant following the final decision on the application. 20.16.070 Decision criteria An application for conditional use permit approval for an essential public facility must comply with conditional use permit requirements, any other applicable requirements for the proposed use, and the following site decision criteria: 1. The project sponsor has demonstrated a need for the project, as supported by a detailed written analysis of the projected service population, an inventory of existing and planned comparable facilities, and the projected demand for the type of facility proposed. 2. If applicable, the project would serve a significant share of the local population or service area, and the proposed site will reasonably serve the project's overall service population. 3. The project sponsor has reasonably investigated alternative sites, as evidenced by a detailed explanation of site selection methodology, as verified by the City and reviewed by associated jurisdictions and agencies. 4. The project is consistent with the sponsor's own long -range plans for facilities and operations, as well as the plans of those jurisdictions and agencies that may also be participating in a facilities plan. 5. The project sponsor's public participation plan has provided an opportunity for public participation in the siting decision and mitigation measures that is appropriate in light of the project's scope. 6. The project will not result in a disproportionate burden of essential public facilities on a particular geographic area. -7. The project is consistent and compatible with the City's comprehensive plan, City -wide planning policies and local land use regulations. WSS555894. DOC;1 /00006.900000 -6- 8. The project site meets the facility's minimum physical site requirements, including projected expansion needs. Site requirements may be determined by the minimum size of the facility, access, support facilities, topography, geology, and on -site mitigation needs. The project sponsor shall identify future expansion needs of the proposed facility during the initial environmental review and the phasing of additional needs early in the process. 9. The project site, as developed with the proposed facility and under the proposed mitigation plan, is compatible with surrounding land uses. 10. The project sponsor has proposed mitigation measures that substantially avoid, reduce, or compensate for adverse impacts on the environment, including but not limited to buffers, impervious surfaces, design elements and other operational or programmatic measures contained in the proposal. 20.16.080 Decision criteria; EPFs proposed by a Regional Agency with jurisdiction An application for conditional use permit approval for an essential public facility proposed by a Regional Agency with jurisdiction shall comply with, and only with, the following site decision criteria: A. The project sponsor has established that it is a Regional Agency with jurisdiction. For the purpose of this chapter, "jurisdiction" shall mean within the boundaries of a Regional Agency's legal and physical jurisdiction as determined by the laws of the State of Washington or its charter. A claim of jurisdiction based upon service area shall meet the following criteria: i. The project must serve a significant share of the Edmonds population or a significant portion of the land area of the City of Edmonds must lie within the Regional Agency service area; and ii. The proposed site must reasonably serve the project's overall service population and the service population or service area lying within the City of Edmonds. B. The site has been designated through a collaborative process which involved representatives of the City of Edmonds duly appointed by the City and through a public hearing process which was reasonably calculated to reach the citizens of the City of Edmonds. WSS555894.DOC;1 /00006.900000 -7- C. The project is consistent with and compatible with the City's Comprehensive Plan, City -wide planning policies and local land use regulations. Regional Agency with jurisdiction shall notify the City in a timely fashion of its intent to establish this facility, and shall process any required Comprehensive Plan change necessary to incorporate the proposed EPF in the City's Comprehensive Plan provisions in accordance with the provisions of City ordinance. D. The Project sponsor has proposed mitigation measures that substantially avoid, reduce, or compensate for adverse impacts on the environment, including but not limited to buffers, impervious surfaces, design elements and other operational or programmatic measures contained in the proposal. 10.16.090 Denial of Regional EPF - Limitations A. Conditional Use Permit for an Essential Public Facility project proposed by a Regional Agency with jurisdiction shall be denied only if. The proposed project conflicts with the proposed use of a particular site by another Regional Agency with jurisdiction. In the event of a conflict, at least the following factors shall be considered: a. Which proposal is most consistent with the City's Comprehensive Plan; b. Which proposal best serves the broadest interests of the City and its citizens; and C. Which proposal is first in time. B. A Conditional Use Permit issued for an EPF, sponsored by a Regional Agency with jurisdiction may be suspended or revoked if the sponsor fails to comply with the conditions of approval, be suspended in accordance with the provisions of ECDC 20.16.120(C). 20.16.100 Permit approval If the project sponsor demonstrates compliance with the review criteria listed in ECDC 20.16.070 and satisfies the requirements for a conditional use permit and all other applicable requirements, the Hearing Examiner shall approve issuance of a conditional use permit for the proposed EPF. WS S555894. DOC;1 /00006.900000 -8- 20.16.110 Reconsideration and appeal Reconsideration of the hearing examiner's ruling shall be governed by ECDC 20.100.010. Appeal of the hearing examiner's ruling shall be governed by Chapter 20.105 ECDC. 20.16.120 Decision timing Review, reconsideration and remand process shall not be used to- preclude an EPF. Cost and delay do not, prima facie, make an EPF permit review process unfair and untimely, nor be deemed to preclude an EPF. A reasonable consideration schedule shall be established based on the size and complexity of EPF proposals. 20.16.130 Building permit application A. Any building permit for an EPF approved under this chapter shall comply with all conditions of approval in the conditional use permit. In the event a building permit for an EPF is denied, the Department shall submit in writing the reasons for denial to the project sponsor. B. No construction permits may be applied for prior to conditional use approval of the EPF unless the applicant signs a written release acknowledging that such approval is neither guaranteed nor implied by the Department's acceptance of the construction permit applications. The applicant shall expressly accept all financial risk associated with preparing and submitting construction plans before the final decision is made under this chapter. C. Building permits for an EPF which fails to comply with the conditions of approval shall be suspended and a report made to the Director. The Director shall institute a proceeding before the Hearing Examiner to permit the EPF's sponsor a hearing at which to show cause why its CUP should not be revoked or further conditioned. Such hearing shall be conducted in accordance with ECDC 20.010.040(C); Provided, however, that the hearing examiner's decision shall be final and appealable only to Superior Court pursuant to the Land Use Petition Act. Section 2. This ordinance has been enacted in accordance with the authorization of RCW 35A.63.220 as an interim zoning regulation and ordinance. In accordance with the provisions of said Chapter, a public hearing will be set on the ordinance before the City Council W SS555894.DOC;1 /00006.900000 -9- at 7:00 PM or as soon thereafter as the parties may be heard on the 16th day of December, 2003, such date being within 60 days of adoption of this ordinance. The City Clerk is hereby directed to publish notice of such public hearing in accordance with the provisions of the Edmonds Community Development Code. Section 3. Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body is not subject to referendum and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: M . OR ffy HAAKENSON ATTEST /AUTHENTICATED : ITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE UTY ATTORNEY: BY W. SCOTT SNYDER FILED WITH THE CITY CLERK: 10/31/2003 PASSED BY THE CITY COUNCIL: 11/03/2003 PUBLISHED: 11/09/2003 EFFECTIVE DATE: 11/14/2003 ORDINANCE NO. 3474 WSS555894.DOC; 1/00006.900000 . -10- SUMMARY OF ORDINANCE NO. 3474 of the City of Edmonds, Washington On the 3Td day of November, 2003, the City Council of the City of Edmonds, passed Ordinance No. 3474. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING AN INTERIM ZONING ORDINANCE PURSUANT TO RCW 35A.63.220; AMENDING TITLE 20 OF THE EDMONDS COMMUNITY DEVELOPMENT CODE BY ADDING A NEW CHAPTER 20.16 ESSENTIAL PUBLIC FACILITIES THERETO; ADOPTING. REGULATIONS GOVERNING THE SITING, PERMITTING AND MITIGATION OF ESSENTIAL PUBLIC FACILITIES; SETTING A PUBLIC HEARING, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 4"' day of November, 2003. ITY CLERK, SANDRA S. CHASE W S S 5 5 58 94. D O C;1 /00006.900000 -11- Page 1 of 1 RCW 35A.63.220 Moratoria, interim zoning controls -- Public hearing -- Limitation on length. A legislative body that adopts a moratorium or interim zoning ordinance, without holding a public hearing on the proposed moratorium or interim zoning ordinance, shall hold a public hearing on the adopted moratorium or interim zoning ordinance within at least sixty days of its adoption, whether or not the legislative body received a recommendation on the matter from the planning agency. If the legislative body does not adopt findings of fact justifying its action before this hearing, then the legislative body shall do so immediately after this public hearing. A moratorium or interim zoning ordinance adopted under this section may be effective for not longer than six months, but may be effective for up to one year if a work plan is developed for related studies providing for such a longer period. A moratorium of interim zoning ordinance may be renewed for one or more six -month periods if a subsequent public hearing is held and findings of fact are made prior to each renewal. [1992 c 207 § 3.] Adopted by Refgre e Ordinance #.3 '1 on Ci Clerk http://search.mrsc.org/nxt/gateway.dll/rcw/rcw%20%203 5 a %20title /rcw%20 %203 5 a. %20... 12/1/2003 STATE OF WASHINGTON, COUNTY OF SNOHOMISH SUMMARILOEAADINANCENO -- 3474 of the City of Edmonds, Washington On the 3rd day of November, 2003, the City Council of the 1 City of Edmonds, passed Ordinance No. 3474. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHING- TON, ADOPTING AN INTERIM ZONING ORDINANCE PUR- SUANT TO RCW 35A.63.220; AMENDING TITLE 20 OF THE EDMONDS COMMUNITY DEVELOPMENT CODE BY ADDING ANEW CHAPTER 20.16 ESSENIIAL- RUBLIC-FA= CIUMS THERETO; ADOPTING REGULATIONS GOVERN - ING THE SITING, PERMITTING AND MITIGATION OF ES- SENTIAL PUBLIC FACILITIES; SETTING A PUBLIC HEAR- ING, AND FIXING A TIME WHEN THE SAME SHALL BE- COME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 41h day of November, 2003. CITY CLERK, SANDRA S. CHASE' Published. November 9, 2003. RECEIVED Nov f2 2003 EDMONDS CITY CLERK Affidavit of Publication S.S. The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of THE HERALD, a daily newspaper printed and published in the City of Everett. County of Snohomish, and State of Washington; that said newspaper is a newspaper of general circulation in said County and State: that said newspaper has been approved as a legal newspaper by order of the Superior Court of' Snohomish County and that the notice City of Edmonds Sumanary of Ordinance No. 3474 a printed copy of which is hereunto attached, was published in said newspaper proper and not in supplement form, in the regular and entire edition of said paper on the following days and times, namely: November 09, 2003 and that said newspaper was regularly distributed to its subscribers during all of said period. Subscribed and sworn to before me this day of November Notary Public in and for the County. 10th l H,q�a @tCP, V:'��pTARy�9N'; r •o residing at Everett, SiiohomysUE��G f 4ae1 +Q� Account Name: City of Edmonds Account Number: 101416 Order Number: 0001103680 b Title 36 RCW: Counties Adopted by Referenc Ordinance #� on 1-3 -03 ipter 43.97 RCW 36.70A.080 Comprehensive plans — Optional elements. d Scenic Area, as 36.70A.090 Comprehensive plans— Innovative techniques. y. City Clerk tional Scenic Area 36.70A.100 Comprehensive plans —Must be coordinated. 36.70A.103 State agencies required to comply with comprehensive ver or authority by a county or city pursuant to this chapter shall be subject to plans. 36.70A.106 Comprehensive plans — Development regulations— Transmittal and in conformity with the requirements of chapter 43.97 to state. 36.70A.110 Comprehensive plans —Urban growth areas. RCW, including the Interstate Compact adopted by RCW 36.70A.120 Planning activities and capital budget decisions- 43.97.015, and with the management plan regulations and Implementation in conformity with comprehensive plan. ordinances adopted by the Columbia River Gorge commis- 36.70A. 130 Comprehensive plans—Review—Amendments. 36.70A.131 Mineral resource lands— Review of related designations and Sion pursuant to the Compact. [1987 c 499 § 9.] development regulations. I 36.70A.140 Comprehensive plans— Ensure public participation. 36.70.982 Fish enhancement projects—County's 36.70A.150 Identification of lands useful for public purposes. 36.70A.160 Identification of open space corridors— Purchase liability. A County is not liable for adverse impacts result- authorized. 36.70A.165 Property designated as greenbelt or open space —Not subject ing from a fish enhancement project that meets the criteria to adverse possession. of *RCW 75.20.350 and has been permitted by the depart- 36.70A.170 Natural resource lands and critical areas— Designations. I ment of fish and wildlife. [1998 c 249 § 8.] 36.70A.172 Critical areas— Designation and protection —Best available *Reviser's note: RCW 75.20.350 was recodified as RCW 77.55.290 science to be used. 36.70A.175 Wetlands to be delineated in accordance with manual. pursuant to 2000 c 107 § 129: 36.70A.177 Agricultural lands — Innovative zoning techniques. �1 Findings— Purpose— Report— Effective date =1998 c 249: See 36.70A.180 Report on planning progress. 36.70A.190 notes following RCW 77.55.290. Technical assistance, procedural criteria, grants, and media- tion services. 36.70.990 Treatment of residential structures 36.70A.200 Siting of essential public facilities— Limitation on liability.. 36.70A.210 County-wide planning policies. occupied by persons with handicaps. No county may 36.70A.215 Review and evaluation program. ' enact or maintain an ordinance, development regulation, 36.70A.250 Growth management hearings boards. zoning regulation or official control, policy, or adm administrative 36.70A.260 36.70A.260 Growth management hearings boards -- Qualifications. Growth management hearings boards -- Conduct, practice which treats a residential structure occupied by procedure, and compensation. persons with handicaps differently than a similar residential 36.70A.280 Matters subject to board review. structure Occupied by a family Or Other Unrelated individuals. 36.70A.290 Petitions to growth management hearings boards— Evidence. As used in this section, "handicaps" are as defined in the 36.70A.295 Direct judicial review. federal fair housing amendments act of 1988 (42 U.S.C. Sec. 36.70A.300 Final orders. 36.70A.302 Determination of invalidity— Vesting of development per- 3602). [1993 c 478 § 22.] mits— Interim controls. 36.70A.305 Expedited review. 36.70.992 Watershed restoration projects— Permit 36.70A.320 Presumption tion ofappeal di by the state. P validity—Burden of proof —Plans and regu- rocessiri project. p p g —Fish habitat enhancement ro ect. A permit lations. required under this chapter for a watershed restoration 36.70A.3201Intent— Finding -1997 c 429 § 20(3). project as defined in RCW 89.08.460 shall be processed in 36.70A.330 Noncompliance. compliance with RCW 89.08.450 through 89.08.510. A fish g 36.70A.335 Order of invalidity issued before July 27, 1997. 36.70A.340 Noncompliance and sanctions. habitat enhancement project meeting the criteria of *RCW 36.70A.345 Sanctions. 75.20.350(1) shall be reviewed and approved according to 36.70A.350 New fully contained communities. the provisions of *RCW 75.20.350. [1998 c 249 § 7; 1995 36.70A.360 Master planned resorts. C 378 § 10.] 36.70A.362 Master planned resorts— Existing resort may be included. 36.70A.365 Major industrial developments. *Reviser's note: RCW 75.20.350 was recodified as RCW 77.55.290 36.70A.367 Major industrial developments— Master planned locations. pursuant to 2000 c 107 § 129. 36.70A.370 Protection of private property. Findings— Purpose — Report — Effective date -1998 c 249: See 36.70A.380 Extension of designation date. notes following RCW 77.55.290. 36.70A.385 Environmental planning pilot projects. 36.70A.390 Moratoria, interim zoning controls — Public hearing—' Limitation on length— Exceptions. Chapter 36.70A 36.70A.400 Accessory apartments. 36.70A.410 Treatment of residential structures occupied by persons with GROWTH MANAGEMENT — PLANNING BY handicaps. SELECTED COUNTIES AND CITIES 36.70A.420 Transportation projects — Findings— Intent. 36.70A.430 Transportation projects — Collaborative review process. Sections 36.70A.450 Family day -care provider's home facility —City may not 36.70A.01 Legislative findings. 36.70A.01 I Fin Findings—Rural lands. prohibit in residential or commercial area. 36.70A.460 Watershed restoration projects — Permit processing —Fish 36.70A.020 Planning goals. goals. 36.70A.030 Definitions. habitat enhancement project. 36.70A.470 Project review — Amendment suggestion procedure - 36.70A.035 Public participation —Notice provisions. 36.70A.040 Who must plan— Summary of requirements — Development Definitions. 36.70A.480 Shorelines of the state. regulations must implement comprehensive plans. 36.70A.045 Phasing of comprehensive plan submittal. 36.70A.481 Construction— Chapter 347, Laws of 1995. 36.70A.490 Growth management planning and environmental review 36.70A.050 Guidelines to classify agriculture, forest, and mineral lands fund— Established. 36.70A.500 Growth management planning and environmental review and critical areas. fund — Awarding of grants— Procedures. 36.70A.060 Natural resource lands and critical areas — Development regulations .36.70A.510 General aviation airports. 36.70A.070 Comprehensive plans— Mandatory elements. 36.70A.520 National historic towns — Designation. [Title 36 RCW —page 1721 (2002 Ed.) Growth Management — Planning by Selected Counties and Cities Chapter 36.70A 36.70A.800 Role of growth strategies commission. 36.70A.900 Severability -1990 1st ex.s. c 17. 36.70A.901 Part, section headings not law -1990 1st ex.s. c 17. 36.70A.902 Section headings not law -1991 sp.s. c 32. Building permits— Evidence of adequate water supply required: RCW 19.27.097. Expediting completion of industrial projects of statewide significance — Planning requirements: RCW 43.157.020. Impact fees: RCW 82.02.050 through 82.02.100. Population forecasts: RCW 43.62.035. Regional transportation planning: Chapter 47.80 RCW. Subdivision and short subdivision requirements: RCW 58.'17.060, 58.17.110. 36.70A.010 Legislative flndings. The legislature finds that uncoordinated and unplanned growth, together with a lack of common goals expressing the public's interest in the conservation and the wise use of our lands, pose a threat to the environment, sustainable economic development, and the health, safety, and high quality of life enjoyed by residents of this state. It is in the public interest that citizens, commu- nities, local governments, and the private sector cooperate and coordinate with one another in comprehensive land use planning. Further; the legislature finds that it is in the public interest that economic development programs be shared with communities experiencing insufficient economic growth. [1990 1st ex.s. c 17 § 1.] 36.70A.011 Findings —Rural lands. The legislature finds that this chapter is intended to recognize the impor- tance of rural lands and rural character to Washington's economy, its people, and its environment, while respecting regional differences. Rural lands and rural -based economies enhance the economic desirability of the state, help to preserve traditional economic activities, and contribute to the state's overall quality of life. The legislature finds that to retain and enhance the job base in rural areas, rural counties must have flexibility to create opportunities for business development. Further, the legislature finds that rural counties must have the flexibility to retain existing businesses and allow them to expand. The legislature recognizes that not all business developments in rural counties require an urban level of services; and that many businesses in rural areas fit within the definition of rural character identified by the local planning unit. Finally, the legislature finds that in defining its rural element under RCW 36.70A.070(5), a county should foster land use patterns and develop a local vision of rural charac- ter that will: Help preserve rural -based economies and tradi- tional rural lifestyles; encourage the economic prosperity of rural residents; foster opportunities for small - scale, rural - based employment and self - employment; permit the opera- tion of rural -based agricultural, commercial, recreational, and tourist businesses that are consistent with existing and planned land use patterns; be compatible with the use of the land by wildlife and for fish and wildlife habitat; foster the private stewardship of the land and preservation of open space; and enhance the rural sense of community and quality of life. [2002 c 212 § 1.] 36.70A.020 Planning goals. The following goals are adopted to guide the development and adoption of compre- hensive plans and development regulations of those counties and cities that are required or choose to plan under RCW 36.70A.040. The following goals are not listed in order of priority and shall be used exclusively for the purpose of guiding the development of comprehensive plans and development regulations: (1) Urban growth. Encourage development in urban areas where adequate public facilities and services exist or can be provided in an efficient manner. (2) Reduce sprawl. Reduce the inappropriate conversion of undeveloped land into sprawling, low- density develop- ment. .. (3) Transportation. Encourage efficient multimodal transportation systems that are based on regional priorities and coordinated with county and city comprehensive plans. (4) Housing. Encourage the availability of affordable housing to all economic segments of the population of this state, promote a variety of residential densities and housing types, and encourage preservation of existing housing stock. (5) Economic development. Encourage economic development throughout the state that is consistent with adopted comprehensive plans, promote economic opportunity for all citizens of this state, especially for unemployed and for disadvantaged persons, promote the retention and expansion of existing businesses and recruitment of new businesses, recognize regional differences impacting econom- ic development opportunities, and encourage growth in areas experiencing insufficient economic growth, all within the capacities of the state's natural resources, public services, and public facilities. (6) Property rights. Private property shall not be taken for public use without just compensation having been made. The property rights of landowners shall be protected from arbitrary and discriminatory actions. (7) Permits. Applications for both state and local government permits should be processed in a timely and fair manner to ensure predictability. (8) Natural resource industries. Maintain and enhance natural resource -based industries, including productive timber, agricultural, and fisheries industries. Encourage the conservation of productive forest lands and productive agricultural lands, and discourage incompatible uses. (9) Open space and recreation. Retain open space, enhance recreational opportunities, conserve fish and wildlife habitat, increase access to natural resource lands and water, and develop parks and recreation facilities. (10) Environment. Protect the environment and enhance the state's high quality of life, including air and water quality, and the availability of water. (11) Citizen participation and coordination. Encourage the involvement of citizens in the planning process and ensure coordination between communities and jurisdictions to reconcile conflicts. (12) Public facilities and services. Ensure that those public facilities and services necessary to support develop- ment shall be adequate to serve the development at the time the development is available for occupancy and use without decreasing current service levels below locally established minimum standards. (13) Historic preservation. Identify and encourage the preservation of lands, sites, and structures, that have histori- (2002 Ed.) [Title 36 RCW-:—page 1731 36.70A.020 Title 36 RCW: Counties cal or archaeological significance. [2002 c 154 § 1; 1990 1st ex.s. c 17 § 2.] 36.70A.030 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Adopt a comprehensive land use plan" means to enact a new comprehensive land use plan or to update an existing comprehensive land use plan. (2) "Agricultural land" means land primarily devoted to the commercial production of horticultural, viticultural, floricultural, dairy, apiary, vegetable, or animal products or of berries, grain, hay, straw, turf, seed, Christmas trees not subject to the excise tax imposed by *RCW 84.33,100 through 84.33.140, finfish in upland hatcheries, or livestock, and that has long -term commercial significance for agricul- tural production. (3) "City" means any city or town, including a code city. (4) "Comprehensive land use plan," "comprehensive plan," or "plan" means a generalized coordinated land use policy statement of the governing body of a county or city that is adopted pursuant to this chapter. (5) "Critical areas" include the following areas and ecosystems: (a) Wetlands; (b) areas with a critical recharg- ing effect on aquifers used for potable water; (c) fish. and wildlife habitat conservation areas; (d) frequently flooded areas; and (e) geologically hazardous areas. (6) "Department" means the department of community, trade, and economic development. (7) "Development regulations" or "regulation" means the controls placed on development or land use activities by a county or city, including, but not limited to, zoning ordinanc- es, critical areas ordinances, shoreline master programs, official controls, planned unit development ordinances, subdivision ordinances, and binding site plan ordinances together with any amendments thereto. A development regulation does not include a decision to approve a project permit application, as defined in RCW 36.70B.020, even though the decision may be expressed in a resolution or ordinance of the legislative body of the county or city. (8) "Forest land" means land primarily devoted to growing trees for long -term commercial timber production on land that can be economically and practically managed for such production, including Christmas trees subject to the excise tax imposed under *RCW 84.33.100 through 84.33.140, and that has long -term commercial significance. In determining whether forest land is primarily devoted to growing trees for long -term commercial timber production on land that can be economically and practically managed for such production, the following factors shall be consid- ered: (a) The proximity of the land to urban, suburban, and rural settlements; (b) surrounding parcel size and the compatibility and intensity of adjacent and nearby land uses; (c) long -term local economic conditions that affect the ability to manage for timber production; and (d) the availability of public facilities and services conducive to conversion of forest land to other uses. (9) "Geologically hazardous areas" means areas that because of their susceptibility to erosion, sliding, earthquake, or other geological events, are not suited to the siting of commercial, residential, or industrial development consistent with public health or safety concerns. (10) "Long -term commercial significance" includes the growing capacity, productivity, and soil composition of the land for long -term commercial production, in consideration with the land's proximity to population areas, and the possibility of more intense uses of the land. (11) "Minerals" include gravel, sand, and valuable metallic substances. (12) "Public facilities" include streets, roads, highways, sidewalks, street and road lighting systems, traffic signals, domestic water systems, storm and sanitary sewer systems, parks and recreational facilities, and schools. (13) "Public services" include fire protection and suppression, law enforcement, public health, education, recreation, environmental protection, and other governmental services. (14) "Rural character" refers to the patterns of land use and development established by a county in the rural element of its comprehensive plan: (a) In which open space, the natural landscape, and vegetation predominate over the built environment; (b) That foster traditional rural lifestyles, rural -based economies, and opportunities to both live and work in rural areas; (c) That provide visual landscapes that are traditionally found in rural areas and communities; (d) That are compatible with the use of the land by wildlife and for fish and wildlife habitat; (e) That reduce the inappropriate conversion of undevel- oped land into sprawling, low - density development; (f) That generally do not require the extension of urban governmental services; and (g) That are consistent with the protection of natural surface water flows and ground water and surface water recharge and discharge areas. (15) "Rural development" refers to development outside the urban growth area and outside agricultural, forest, and mineral resource lands designated pursuant to RCW 36.70A.170. Rural development can consist of a variety of uses and residential densities, including clustered residential development, at levels that are consistent with the preserva- tion of rural character and the requirements of the rural element. Rural development does not refer to agriculture or forestry activities that may be conducted in rural areas. (16) "Rural governmental services" or "rural services" include those public services and public facilities historically and typically delivered at an intensity usually found in rural areas, and may include domestic water systems, fire and police protection services, transportation and public transit services, and other public utilities associated. with rural development and normally not associated with urban areas. Rural. services do not include storm or sanitary sewers, except as otherwise authorized by RCW 36.70A.110(4). (17) "Urban growth" refers to growth that makes intensive use of land for the location of buildings, structures, and impermeable surfaces to such a degree as to be incom- patible with the primary use of land for the production of food, other agricultural products, or fiber, or the extraction of mineral resources, rural uses, rural development, and natural resource lands designated pursuant to RCW 36.70A.170. A pattern of more intensive rural development, [Title 36 RCW —page 1741 (2002 Ed.) Growth Management— Planning by Selected Counties and Cities 36.70A.030 ` as provided in RCW 36.70A.070(5)(d), is not urban growth. When allowed to spread over wide areas, urban growth typically requires urban governmental services. "Character- ized by urban growth" refers to land having urban growth located on it, or to land located in relationship to an area with urban growth on it as to be appropriate for urban growth. (18) Urban growth areas" means those areas designated by a county pursuant to RCW 36.70A.110. (19) , Urban governmental services" or "urban services" include those public services and public facilities at an intensity historically and typically provided in cities, specifi- cally including storm. and sanitary sewer systems, domestic water systems, street cleaning services, fire and police protection services, public transit services, and other public utilities associated with urban areas and normally not associated with rural areas. (20) "Wetland" or "wetlands" means areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass -lined swales, canals, detention facilities, wastewater treatment facilities, farm .ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were uninten- tionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from nonwetland areas created to mitigate conversion of wetlands. [1997 c 429 § 3; 1995 c 382 § 9. Prior: 1994 c 307 § 2; 1994 c 257 § 5; 1990 1st ex.s. c 17 § 3.1 *Reviser's note: RCW 84.33.100 through 84.33.120 were repealed or decodified by 2001 c 249 §§ 15 and 16. Prospective application -1997 c 429 §§ 1 -21: See note following RCW 36.70A.3201. Severability -1997 c 429: See note following RCW 36.70A.3201. Finding— Intent -1994 c 307: 'The legislature finds that it is in the public interest to identify and provide long -term conservation of those productive natural resource lands that are critical to and can be managed economically and practically for long -term commercial production of food, fiber, and minerals. Successful achievement of the natural resource industries' goal set forth in RCW 36.70A.020 requires the conservation of a land base sufficient in size and quality to maintain and enhance those industries and the development and use of land use techniques that discourage uses incompatible to the management of designated lands. The 1994 amendment to RCW 36.70A.030(8) (section 2(8), chapter 307, Laws of 1994) is intended to clarify legislative intent regarding the designation of forest lands and is not intended to require every county that has already complied with the interim forest land designation requirement of RCW 36.70A.170 to review its actions until the adoption of its comprehensive plans and development regulations as provided in RCW 36.70A.060(3)." [1994 c 307 § 1.1 Effective date -1994 c 257 § 5: "Section 5 of this act shall take effect July 1, 1994." [1994 c 257 § 25.1 Severability -1994 c 257: See note following RCW 36.70A.270. 36.70A.035 Public participation — Notice provisions. (1) The public participation requirements of this chapter shall include notice procedures that are reasonably calculated to provide notice to property owners and other affected and (2002 Ed.) interested individuals, tribes, government agencies, business- es, school districts, and organizations of proposed amend- ments to comprehensive plans and development regulation. Examples of reasonable notice provisions include: (a) Posting the property for site - specific proposals; (b) Publishing notice in a newspaper of general circula- tion in the county, city, or general area where the proposal is located or that will be affected by the proposal; (c) Notifying public or private groups with known interest in a certain proposal or in the type of proposal being considered; (d) Placing notices in appropriate regional, neighbor- hood, ethnic, or trade journals; and (e) Publishing notice in agency newsletters or sending notice to agency mailing lists, including general lists or lists for specific proposals or subject areas. (2)(a) Except as otherwise provided in (b) of this subsection, if the legislative body for a county or city chooses to consider a change to an amendment to a compre- hensive plan or development regulation, and the change is proposed after the opportunity for review and comment has passed under the county's or city's procedures, an opportuni- ty for review and comment on the proposed change shall be provided before the local legislative body votes on the proposed change. (b) An additional opportunity for public review and comment is not required under (a) of this.subsection if: (i) An environmental impact statement has been pre- pared under chapter 43.21C RCW for the pending resolution or ordinance and the proposed change is within the range of alternatives considered in the environmental impact state- ment; (ii) The proposed change is within the scope of the alternatives available for public comment; (iii) The proposed change only corrects typographical errors, corrects cross - references, makes address or name changes, or clarifies language of a proposed ordinance or resolution without changing its effect; (iv) The proposed change is to a resolution or ordinance making a capital budget decision as provided in RCW 36.70A.120; or (v) The proposed change is to a resolution or ordinance enacting a moratorium or interim control adopted under RCW 36.70A.390. (3) This section is prospective in effect and does not apply to a comprehensive plan, development regulation, or amendment adopted before July 27, 1997. [1999 c 315 § 708; 1997 c 429 § 9.1 Part headings and captions not law -1999 c 315: See RCW 28A.315.901. Prospective application -1997 c 429 §§ 1 -21: See note following RCW 36.70A.3201. Severability -1997 c 429: See note following RCW 36.70A.3201. 36.70A.040 Who must plan — Summary of require- ments— Development regulations must implement comprehensive plans. (1) Each county that has both a population of fifty thousand or more and, until May 16, 1995, has had its population increase by more than ten percent in the previous ten years or, on or after May 16, 1995, has had its population increase by more than seventeen percent in the previous ten years, and the cities located [Title 36 RCW —page 1751 36.70A.040 Title 36 RCW: Counties within such county, and any other county regardless of its population that has had its population increase by more than twenty percent in the previous ten years, and the cities located within such county, shall conform with all of the re- quirements of this chapter. However, the county legislative authority of such a county with a population of less than fifty thousand population may adopt a resolution removing the county, and the cities located within the county, from the requirements of adopting comprehensive land use plans and development regulations under this chapter if this resolution is adopted and filed with the department by December 31, 1990, for counties initially meeting this set of criteria, or within sixty days of the date the office of financial manage- ment certifies that a county meets this set of criteria under subsection (5) of this section. For the purposes of this subsection, a county not currently planning under this chapter is not required to include in its population count those persons confined in a correctional facility under the jurisdiction of the department of corrections that is located in the county. Once a county meets either of these sets of criteria, the requirement to conform with all of the requirements of this chapter remains in effect, even if the county no longer meets one of these sets of criteria. (2) The county legislative authority of any county that does not meet either of the sets of criteria established under subsection (1) of this section may adopt a resolution indicat- ing its intention to have subsection (1) of this section apply to the county. Each city, located in a county that chooses to plan under this subsection, shall conform with all of the requirements of this chapter. Once such a resolution has been adopted, the county and the cities located within the county remain subject to all of the requirements of this chapter. (3) Any county or city that is initially required to conform with all of the requirements of this chapter under subsection (1) of this section shall take actions under this chapter as follows: (a) The county legislative authority shall adopt a county -wide planning policy under RCW 36.70A.210; (b) the county and each city located within the county shall designate critical areas, agricultural lands, forest lands, and mineral resource lands, and adopt development regulations conserving these designated agricultural lands, forest lands, and mineral resource lands and protecting these designated critical areas, under RCW 36.70A.170 and 36.70A.060; (c) the county shall designate and take other actions related to urban growth areas under RCW 36.70A.110; (d) if the county has a population of fifty thousand or more, the county and each city located within the county shall adopt a comprehensive plan under this chapter and development regulations that are consistent with and implement the comprehensive plan on or before July 1, 1994, and if the county has a population of less than fifty thousand, the county and each city located within the county shall adopt a comprehensive plan under this chapter and development regulations that are consistent with and imple- ment the comprehensive plan by January 1, 1995, but if the governor makes written findings that a county with a popu- lation of less than fifty thousand or a city located within such a county is not making reasonable progress toward adopting a comprehensive plan and development regulations the governor may reduce this deadline for such actions to be taken by no more than one hundred eighty days. Any county or city subject to this subsection may obtain an additional six months before it is required to have adopted its development regulations by submitting a letter notifying the department of community, trade, and economic develop- ment of its need prior to the deadline for adopting both a comprehensive plan and development regulations. (4) Any county or city that is required to conform with all the requirements of this chapter, as a result of the county legislative authority adopting its resolution of intention under subsection (2) of this section, shall take actions under this chapter as follows: (a) The county legislative authority shall adopt a county -wide planning policy under RCW 36.70A.210; (b) the county and each city that is located within the county shall adopt development regulations con- serving agricultural lands, forest lands, and mineral resource lands it designated under RCW 36.70A.060 within one year of the date the county legislative authority adopts its resolu- tion of intention; (c) the county shall designate and take other actions related to urban growth areas under RCW 36.70A.110; and (d) the county and each city that is located within the county shall adopt a comprehensive plan and development regulations that are consistent with and imple- ment the comprehensive plan not later than four years from the date the county legislative authority adopts its resolution of intention, but a county or city may obtain an additional six months before it is required to have adopted its devel- opment regulations by submitting a letter notifying the department of community, trade, and economic development of its need prior to the deadline for adopting both a compre- hensive plan and development regulations. (5) If the office of financial management certifies that the population of a county that previously had not been required to plan under subsection (1) or (2) of this section has changed sufficiently to meet either of the sets of criteria specified under subsection (1) of this section, and where applicable, the county legislative authority has not adopted a resolution removing the county from these requirements as provided in subsection (1) of this section, the county and each city within such county shall take actions under this chapter as follows: (a) The county legislative authority shall adopt a county -wide planning policy under RCW 36.70A.210; (b) the county and each city located within the county shall adopt development regulations under RCW 36.70A.060 conserving agricultural lands, forest lands, and mineral resource lands it designated within one year of the certification by the office of financial management; (c) the county shall designate and take other actions related to urban growth areas under RCW 36.70A.110; and (d) the county and each city located within the county shall adopt a comprehensive land use plan and development regulations that are consistent with and implement the comprehensive plan within four years of the certification by the office of financial management, but a county or city may obtain an additional six months before it is required to have adopted its development regulations by submitting a letter notifying the department of commuiuty, trade, and economic develop- ment of its need prior to the deadline for adopting both a comprehensive .plan and development regulations. (6) A copy of each document that is required under this section shall be submitted to the department at the time of its adoption. (Title 36 RCW —page 1761 (2002 Ed.) Growth Management — Planning by Selected Counties and Cities 36.70A.040 (7) Cities and counties planning under this chapter must amend the transportation element of the comprehensive plan to be in compliance with this chapter and chapter 47.80 RCW no later than December 31, 2000. [2000 c 36 § 1; 1998 c 171 § 1; 1995 c 400 § l; 1993 sp.s. c 6 § 1; 1990 1st ex.s. c 17 § 4.] Effective date -1995 c 400: 'This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its, existing public institutions, and shall take effect immediately [May 16, 1995)." [1995 c 400 § 6.] Effective date -1993 sp.s.. a 6: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect June 1, 1993." [1993 sp.s. c 6 § 7.] 36.70A.045 Phasing of comprehensive plan submit- tal. The department may adopt a schedule to permit phasing of comprehensive plan submittal for counties and cities planning under RCW 36.70A.040. This schedule shall not permit a comprehensive plan to be submitted greater than one hundred eighty days past the date that the plan was required to be submitted and shall be used to facilitate expeditious review and interjurisdictional coordination of comprehensive plans and development regulations. [1991 sp.s. c 32 § 1.5.] 36.70A.050 Guidelines to classify agriculture, forest, and mineral lands and critical areas. (1) Subject to the definitions provided in RCW 36.70A.030,,the department shall adopt guidelines, under chapter 34.05 RCW, no later than September 1, 1990, to guide the classification of: (a) Agricultural lands; (b) forest lands; (c) mineral resource lands; and (d) critical areas. The department shall consult with the department of agriculture regarding guidelines for agricultural lands, the department of natural resources regarding forest lands and mineral resource lands, and the department of ecology regarding critical areas. (2) In carrying out its duties under this section, the department shall consult with interested parties, including but not limited to: (a) Representatives of cities; (b) representa- tives of counties; (c) representatives of developers; (d) representatives of builders; (e) representatives of owners of agricultural lands, forest lands, and mining lands; (f) repre- sentatives of local economic development officials; (g) representatives of environmental organizations; (h) repre- sentatives of special districts; (i) representatives of the governor's office and federal and state agencies; and 0) representatives of Indian tribes. In addition to the consulta- tion required under this subsection, the department shall conduct public hearings in the various regions of the state. The department shall consider the public input obtained at such public hearings when adopting the guidelines. (3) The guidelines under subsection (1) of this section ;hall be minimum guidelines that apply to all jurisdictions, )ut also shall allow for regional differences that exist in Washington state. The intent of these guidelines is to assist : ounties and cities in designating the classification of tgricultural lands, forest lands, mineral resource lands, and :ritical areas under RCW 36.70A.170. (4) The guidelines established by the department under his section regarding classification of forest lands shall not W2 Ed.) be inconsistent with guidelines adopted by the department of natural resources. [1990 1st ex.s. c 17 § 5.1 36.70A.060 Natural resource lands and critical areas — Development regulations. (1) Each county that is required or chooses to plan under RCW 36.70A.040, and each city within such county, shall adopt development regulations on or before September 1, 1991, to assure the conservation of agricultural, forest, and mineral resource lands designated under RCW 36.70A.170. Regulations adopted under this subsection may not prohibit uses legally existing on any parcel prior to their adoption and shall remain in effect until the county or city adopts development regulations pursuant to RCW 36.70A.040. Such regulations shall assure that the use of lands adjacent to agricultural, forest, or mineral resource lands shall not interfere with the continued use, in the accustomed manner and in accordance with best management practices, of these designated lands for the production of food, agricultural products, or timber, or for the extraction of minerals. Counties and cities shall require that all plats, short plats, development permits, and building permits issued for development activities on, or within five hundred feet of, lands designated as agricultural lands, forest lands, or mineral resource lands, contain a notice that the subject property is within or near designated agricultural lands, forest lands, or mineral resource lands on which a variety of commercial activities may occur that are not compatible with residential development for certain periods of limited duration. The notice for mineral resource lands shall also inform that an application might be made for mining - related activities, including mining, extraction, washing, crushing, stockpiling, blasting, transporting; and recycling of minerals. (2) Each county and city shall adopt development regulations that protect critical areas that are required to be designated under RCW 36.70A.170. For counties and cities that are required or choose to plan under RCW 36.70A.040, such development regulations shall be adopted on or before September 1, 1991. For the remainder of the counties and cities, such development regulations shall be adopted on or before March. 1, 1992. (3) Such counties and cities shall review these designa- tions and development regulations when adopting their comprehensive plans under RCW 36.70A.040 and imple- menting development regulations under RCW 36.70A.120 and may alter such designations and development regulations to insure consistency. (4) Forest land and agricultural land located within urban growth areas shall not be designated by a county or city as forest land or agricultural land of long -term commer- cial significance under RCW 36.70A.170 unless the city or county has enacted a program authorizing transfer or purchase of development rights. [1998 c 286 § 5; 1991 sp.s. c 32 § 21; 1990 1st ex.s. c 17 § 6.] 36.70A.070 Comprehensive plans— Mandatory elements. The comprehensive plan of a county or city that is required or chooses to plan under RCW 36.70A.040 shall consist of a map or maps, and descriptive text covering objectives, principles, and standards used to develop the comprehensive plan. The plan shall be an internally consis- [Title 36 RCW —page 1771 t: F Y, j j� 36.70A.070 Title 36 RCW: Counties tent document and all elements shall be consistent with the future land use map. A comprehensive plan shall be adopted and amended with public participation as provided in RCW 36.70A.140. Each comprehensive plan shall include a plan, scheme, or design for each of the following: (1) A land use element designating the proposed general distribution and general location and extent of the uses of land, where appropriate, for agriculture, timber production, housing, commerce, industry, recreation, open spaces, general aviation airports, public utilities, public facilities, and other land uses. The land use element shall include popula- tion densities, building intensities, and estimates of future population growth. The land use element shall provide for protection.of the quality and quantity of .ground water used for public water supplies. Where applicable, the land use element shall review drainage, flooding, and storm water run -off in the area and nearby jurisdictions and provide guidance for corrective actions to mitigate or cleanse those discharges that pollute waters of the state, including Puget Sound or waters entering Puget Sound. (2) A housing element ensuring the vitality and charac- ter of established residential neighborhoods that: (a) Includes an inventory and analysis of existing and projected housing needs that identifies the number of housing units necessary to manage projected growth; (b) includes a statement of goals, policies, objectives, and mandatory provisions for the preservation, improvement, and develop- ment of housing, including single - family residences; (c) identifies sufficient land for housing, including, but not limited to, government- assisted housing, housing for low - income families, manufactured housing, multifamily housing, and group homes and foster care facilities; and (d) makes adequate provisions for existing and projected needs of all economic segments of the community. (3) A capital facilities plan element consisting of: (a) An inventory of existing capital facilities owned by public entities, showing the locations and capacities of the capital facilities; (b) a forecast of the future needs for such capital facilities; (c) the proposed locations and capacities of expanded or new capital facilities; (d) at least a six -year plan that will finance such capital facilities within projected funding capacities and clearly identifies sources of public money for such purposes; and (e) a requirement to reassess the land use element if probable funding falls short of meeting existing needs and to ensure that the land use element, capital facilities plan element, and financing plan within the capital facilities plan element are coordinated and consistent. Park and recreation facilities shall be included in the capital facilities plan element. (4) A utilities element consisting of the general location, proposed location, and capacity of all existing and proposed utilities, including, but not limited to, electrical lines, telecommunication lines, and natural gas lines. (5) Rural element. Counties shall include a rural element including lands that are not designated for urban growth, agriculture, forest, or mineral resources. The following provisions shall apply to the rural element: (a) Growth management act goals and local circum- stances. Because circumstances vary from county to county, in establishing patterns of rural densities and uses, a county may consider local circumstances, but shall develop a written [Title 36 RCW —page 178] record explaining how the rural element harmonizes the planning goals in RCW 36.70A.020 and meets the require- ments of this chapter. (b) Rural development. The rural element shall permit rural development, forestry, and agriculture in rural areas. The rural element shall provide for a variety of rural densities, uses, essential public facilities, and rural gov- ernmental services needed to serve the permitted densities and uses. In order to achieve a variety of rural densities and uses, counties may provide for clustering, density transfer, design guidelines, conservation easements, and other innova- tive techniques that will accommodate appropriate rural den- sities and uses that are not characterized by urban growth and that are consistent with rural character. (c) Measures governing rural development. The rural element shall include measures that apply to rural develop- ment and protect the rural character of the area, as estab- lished by the county, by: (i) Containing or otherwise controlling rural develop- ment; (ii) Assuring visual compatibility of rural development with the surrounding rural area; (iii) Reducing the inappropriate conversion of undevel- oped land into sprawling, low - density development in the rural area; (iv) Protecting critical areas, as provided in RCW 36.70A.060, and surface water and ground water resources; and (v) Protecting against conflicts with the use of agricul- tural, forest, and mineral resource lands designated under RCW 36.70A.170. (d) Limited areas of more intensive rural development. Subject to the requirements of this subsection and except as otherwise specifically provided in this subsection (5)(d), the rural element may allow for limited areas of more intensive rural development, including necessary public facilities and public services to serve the limited area as follows: (i) Rural development consisting of the infill, develop- ment, or redevelopment of existing commercial, industrial, residential, or mixed -use areas, whether characterized as shoreline development, villages, hamlets, rural activity centers, or crossroads developments. A commercial, industrial, residential, shoreline, or mixed -use area shall be subject to the requirements of (d)(iv) of this subsection, but shall not be subject to the requirements of (c)(ii) and (iii). of this subsection. An industrial area is not required to be principally designed to serve the existing and projected rural population; (ii) The intensification of development on lots contain- ing, or new development of, small -scale recreational or tourist uses, including commercial facilities to serve those recreational or tourist uses, that rely on a rural location and setting, but that do not include new residential development. A small -scale recreation or tourist use is not required to be principally designed to serve the existing and projected rural population. Public services and public facilities shall be limited to those necessary to serve the recreation or tourist use and shall be provided in a manner that does not permit low- density sprawl; - (iii) The intensification of development on lots contain- ing isolated nonresidential uses or new development of isolated cottage industries and isolated small-scale businesses (2002 Ed.) Growth Management — Planning by Selected Counties and Cities 36.70A.070 i that are not principally designed to serve the existing and projected rural population and nonresidential uses, but do provide job opportunities for rural residents. Rural counties may allow the expansion of small-scale businesses as long as those small -scale businesses conform with the rural character of the area as defined by the local government according to RCW 36.70A.030(14). Rural counties may also allow new small -scale businesses .to utilize a site previously occupied by an existing business as long as the new small - scale business conforms to the rural character of the area as defined by the local government according to RCW 36.70A.030(14). Public services and public facilities shall be limited to those necessary to serve the isolated nonresi- dential use and shall be provided in a manner that does not permit low- density sprawl; (iv) A county shall adopt measures to minimize and contain the existing areas or uses of more intensive rural development, as appropriate, authorized under this subsec- tion. Lands included in such existing areas or uses shall not extend beyond the logical outer boundary of the existing area or use, thereby allowing a new pattern of low- density sprawl. Existing areas are those that are clearly identifiable and contained and where there is a logical boundary delineated predominately by the built environment, but that may also include undeveloped lands if liinited as provided in this subsection. The county shall establish the logical outer boundary of an area of more intensive rural development. In establishing the logical outer boundary the county shall address (A) the need to preserve the character of existing natural neighborhoods and communities, (B) physical boundaries such as bodies of water, streets and highways, and land forms and contours, (C) the prevention of abnor- mally irregular boundaries, and (D) the ability to provide public facilities and public services in a manner that does not permit low- density sprawl; (v) For purposes of (d) of this subsection, an existing area or existing use is one that was in existence: (A) On July 1, 1990, in a county that was initially required to plan under all of the provisions of this chapter; (B) On the date the county adopted a resolution under RCW 36.70A.040(2), in a county that is planning under all of the provisions of this chapter under RCW 36.70A.040(2); or (C) On the date the office of financial management certifies the county's population as provided in RCW 36.70A.040(5), in a county that is planning under all of the provisions of this chapter pursuant to RCW 36.70A.040(5). (e) Exception. This subsection shall not be interpreted to permit in the rural area a major industrial development or a master planned resort unless otherwise specifically permit- ted under RCW 36.70A.360 and 36.70A.365. (6) A transportation element that implements, and is consistent with, the land use element. (a) The transportation element shall include the follow- ing subelements: (i) Land use assumptions used in estimating travel; (ii) Estimated traffic impacts to state -owned transporta- tion facilities resulting from land use assumptions to assist the department of transportation in monitoring the perfor- mance of state facilities, to plan improvements for the facilities, and to assess the impact of land -use decisions on state -owned transportation facilities; (2002 Ed.) (iii) Facilities and services needs, including: (A) An inventory of air, water, and ground transporta- tion facilities and services, including transit alignments and general aviation airport facilities, to define existing capital facilities and travel levels as a basis for future planning. This inventory must include state -owned transportation facilities within the city or county's jurisdiction boundaries; (B) Level of service standards for all locally owned arterials and transit routes to serve as a gauge to judge performance of the system. These standards should be regionally coordinated; (C) For state -owned transportation facilities, .level of service standards for highways, as prescribed in chapters 47.06 and 47.80 RCW, to gauge the performance of the system. The purposes of reflecting level of service standards for state highways in the local comprehensive plan are to monitor the performance of the system, to evaluate improve- ment strategies, and to facilitate coordination between the county's or city's six -year street, road, or transit program and the department of transportation's six -year investment program. The concurrency requirements of (b) of this subsection do not apply to transportation facilities and services of statewide significance except for counties consisting of islands whose only connection to the mainland are state highways or ferry routes. In these island counties, state highways and ferry route capacity must be a factor in meeting the concurrency requirements in (b) of this subsec- tion; (D) Specific actions and requirements for bringing into compliance locally owned transportation facilities or services that are below an established level of service standard; (E) Forecasts of traffic for at least ten years based on the adopted land use plan to provide information on the location, timing, and capacity needs of future growth; (F) Identification of state and local system needs to meet current and future demands. Identified needs on state - owned transportation facilities must be consistent with the statewide multimodal transportation plan required under chapter 47.06 RCW; (iv) Finance, including: (A) An analysis of funding capability to judge needs against probable funding resources; (B) A multiyear financing plan based on the needs identified in the comprehensive plan, the appropriate parts of which shall serve as the basis for the six -year street, road, or transit program required by .RCW 35.77.010 for cities, RCW 36.81.121 for counties, and RCW 35.58.2795 for public transportation systems. The multiyear financing plan should be coordinated with the six -year improvement program developed by the department of transportation as required by RCW 47.05.030; (C) If probable funding falls short of meeting identified needs, a discussion of how additional funding will be raised, or how land use assumptions will be reassessed to ensure that level of service standards will be met; (v) Intergovernmental coordination efforts, including an assessment of the impacts of the transportation plan and land use assumptions on the transportation systems of adjacent jurisdictions; (vi) Demand - management strategies. (b) After adoption of the comprehensive plan by jurisdictions required to plan or who choose to plan under [Title 36 RCW —page 1791 36.70A.070 Title 36 RCW: Counties RCW 36.70A.040, local jurisdictions must adopt and enforce ordinances which prohibit development approval if the devel- opment causes the level of service on,a locally owned transportation facility to decline below the standards adopted in the transportation element of the comprehensive plan, unless transportation improvements or strategies to accom- modate the impacts of development are made concurrent with the development. These strategies may include in- creased public transportation service, ride sharing programs, demand management, and other transportation systems management strategies. For the purposes of this subsection (6) "concurrent with the development" shall mean that improvements or strategies are in place at the time of development, or that a financial commitment is in place to complete the improvements or strategies within six years. (c) The transportation element described in this subsec- tion (6), and the six -year plans required by RCW 35.77.010 for cities, RCW 36.81.121 for counties, RCW 35.58.2795 for public transportation systems, and RCW 47.05.030 for the state, must be consistent. (7) An economic development element establishing local goals, policies, objectives, and provisions for economic growth and vitality and a high quality of life. The element shall include: (a) A summary of the local economy such as population, employment, payroll, sectors, businesses, sales, and other information as appropriate; (b) a summary of the strengths and weaknesses of the local economy defined as the commercial and industrial sectors and supporting factors such as land use, transportation; utilities, education, work force, housing, and natural /cultural resources; and (c) an identification of policies, programs, and projects to foster economic growth and development and to address future needs. A city that has chosen to be a residential community is exempt from the economic development element require- ment of this subsection. (8) A park and recreation element that implements, and is consistent with, the capital facilities plan element as it relates to park and recreation facilities. The element shall include: (a) Estimates of park and recreation demand for at least a ten -year period; (b) an evaluation of facilities and service needs; and (c) an evaluation of intergovernmental coordination opportunities to provide regional approaches for meeting park and recreational demand. (9) It is the intent that new or amended elements required after January 1, 2002, be adopted concurrent with the scheduled update provided in RCW 36.70A.130. Re- quirements to incorporate any such new or amended ele- ments shall be null and void until funds sufficient to cover applicable local government costs are appropriated and distributed by the state at least two years before local gov- ernment must update comprehensive plans as required in RCW 36.70A.130. [2002 c 212 § 2; 2002 c 154 § 2; 1998 c 171 § 2; 1997 c 429 § 7; 1996 c 239 § 1. Prior: 1995 c 400 § 3; 1995 c 377 § l; 1990 1st ex.s. c 17 § 7.] Reviser's note: This section was amended by 2002 c 154 § 2 and by 2002 c 212 § 2, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1). Prospective application -1997 c 429 §§ 1 -21: See note following RCW 36.70A.3201. Severability-1997 c 429: See note following RCW 36.70A.3201 [Title 36 RCW —page 1801 Construction — Application -1995 c 400: "A` comprehensive plan adopted or amended before May 16, 1995, shall be considered to be in compliance with RCW 36.70A.070 or 36.70A:110, as in effect before their amendment by this act, if the comprehensive plan is in compliance with RCW 36.70A.070 and 36.70A.110 as amended by this act. This section shall not be construed to alter the relationship between a county -wide planning policy and comprehensive plans as specified under RCW 36.70A.210. As to any appeal relating to compliance with RCW 36.70A.070 or 36.70A.110 pending before a growth management hearings board on May 16, 1995, the board may take up to an additional ninety days to resolve such appeal. By mutual agreement of all parties to the appeal, this additional ninety -day period may be extended." [1995 c 400 § 4.] Effective date -1995 c 400: See note following RCW 36.70A.040. 36.70A.080 Comprehensive plans — Optional elements. (1) A comprehensive plan may include additional elements, items, or studies dealing with other subjects relating to the physical development within its jurisdiction, including, but not limited to: (a) Conservation; (b) Solar energy; and (c) Recreation. (2) A comprehensive plan may include, where appropri- ate, subarea plans, each of which is consistent with the comprehensive plan. [1990 1st ex.s. c 17 § 8.1 36.70A.090 Comprehensive_ plans — Innovative techniques. A comprehensive plan should provide for innovative land use management techniques, including, but not limited to, density bonuses, cluster housing, planned unit .developments, and the transfer of development rights. [1990 1st ex.s. c 17 § 9.] 36.70A.100 Comprehensive plans —Must be coordi- nated. The comprehensive plan of each county or city that is adopted pursuant to RCW 36.70A.040 shall be coordinated with, and consistent with, the comprehensive plans adopted pursuant to RCW 36.70A.040 of other counties or cities with which the county or city has, in part, common borders or related regional issues. [1990 1st ex.s. c 17 § 10.] , 36.70A.103 State agencies required to comply with comprehensive plans. State agencies shall comply with the local comprehensive plans and development regulations and amendments thereto adopted pursuant to this chapter except as otherwise provided in RCW 71.09.250 (1) through (3), 71.09.342, and 72.09.333. The provisions of chapter 12, Laws of 2001 2nd sp. sess. do not affect the state's authority to site any other essential public facility under RCW 36.70A.200 in conformance with local comprehensive plans and develop- ment regulations adopted pursuant to chapter 36.70A RCW. [20 02 c 68 § 15; 2001 2nd sp.s. c 12 § 203; 1991 sp.s. c 32 § 4.] Purpose — Severability— Effective date -2002 c 68: See notes following RCW 36.70A.200. Intent — Severability— Effective dates -2001 2nd sp.s. c 12: See notes following RCW 71.09.250. 36.70A.106 Comprehensive plans — Development regulations — Transmittal to state. (1) Each county and city proposing adoption of a comprehensive plan or develop- (2002 Ed.) >4: ■ mi Growth Management — Planning by Selected Counties and Cities ment regulations under this chapter shall notify the depart- ment of its intent to adopt such plan or regulations at least sixty days prior to final adoption. State agencies including the department may provide comments to the county or city on the proposed comprehensive plan, or proposed develop- ment regulations, during the public review process prior to adoption. (2) Each county and city planning under this chapter shall transmit a complete and accurate copy of its compre- hensive plan or development regulations to the department within ten days after final adoption. (3) Any amendments for permanent changes to a comprehensive plan or development regulation that are proposed by a county or city to its adopted plan or regula- tions shall be submitted to the department in the same manner as initial plans and development regulations under this section. Any amendments to a comprehensive plan or development regulations that are adopted by a county or city shall be transmitted to the department in the same manner as the initial plans and regulations under this section. [ 1991 sp.s. c 32 § 8:1 36.70A.110 Comprehensive plans —Urban growth areas. (1) Each county that is required or chooses to plan under RCW 36.70A.040 shall designate an urban growth area or areas within which urban growth shall be encouraged and outside of which growth can occur only if it is not urban. in nature. Each city that is located in such a county shall be included within an urban growth area. An urban growth area may include more than a single city. An urban growth area may include territory that is located outside of a city only if such territory already is characterized by urban growth whether or not the urban growth area includes a city, or is adjacent to territory already characterized by urban growth, or is a designated new fully contained community as defined by RCW 36.70A.350. (2) Based upon the growth management population projection made for the county by the office of financial management, the county and each city within the county shall include areas and densities sufficient to permit the urban growth that is projected to occur in the county or city for the succeeding twenty -year period. Each urban growth area shall permit urban densities and shall include greenbelt and open space areas. An urban growth area determination may include a reasonable land market supply factor and shall permit a range of urban densities and uses. In determining this market factor, cities and counties may consider local circumstances. Cities and counties have discretion in their comprehensive plans to make many choices about accommo- dating growth. Within one year of July 1, 1990, each county that as of June 1, 1991, was required or chose to plan under RCW 36.70A.040, shall begin consulting with each city located within its boundaries and each city shall propose the location of an urban growth area. Within sixty days of the date the county legislative authority of a county adopts its resolution of intention or of certification by the office of financial management, all other counties that are required or choose to plan under RCW 36.70A.040 shall begin this consultation with each city located within its boundaries. The county shall attempt to reach agreement with each city on the (2002 Ed.) 36.70A.106 location of an urban growth area within which the city is located. If such an agreement is not reached with each city located within the urban growth area, the county shall justify in writing why it so designated the area an urban, growth area. A city may object formally with the department over the designation of the urban growth area within which it is located. Where appropriate, the department shall attempt to resolve the conflicts, including the use of mediation services. (3) Urban growth should be located first in areas already characterized by urban growth that have adequate existing public facility and service capacities to serve such develop- ment, second in areas already characterized by urban growth that will be served adequately by a combination of both existing public facilities and services and any additional needed public facilities and services that are provided by either public or private sources, and third in the remaining portions of the urban growth areas. Urban growth may also be located in designated new fully contained communities as defined by RCW 36.70A.350. (4) In general, cities are the units of local government most appropriate to provide urban governmental services. In general, it is not appropriate that urban governmental services be extended to or expanded in rural areas except in those limited circumstances shown to be necessary to protect basic public health and safety and the environment and when such services are financially supportable at rural densities and do not permit urban development. (5) On or before October 1, 1993, each county that was initially required to plan under RCW 36.70A.040(1) shall adopt development regulations designating interim urban growth areas under this chapter. Within three years and three months of the date the county legislative authority of a county adopts its resolution of intention or of certification by the office of financial management, all other counties that are required or choose to plan under RCW 36.70A.040 shall adopt development regulations designating interim urban growth areas under this chapter. Adoption of the interim urban growth areas may only occur after public notice; public hearing; and compliance with the state environmental policy act, chapter 43.21C RCW, and RCW 36.70A.110. Such action may be appealed to the appropriate growth management hearings board under RCW 36.70A.280. Final urban growth areas shall be adopted at the time of compre- hensive plan adoption under this chapter. (6) Each county shall include designations of urban growth areas in its comprehensive plan. [1997 c 429 § 24; 1995 c 400 § 2; 1994 c 249 § 27; 1993 sp.s. c 6 § 2; 1991 sp.s. c 32 § 29; 1990 lst ex.s. c 17 § 11.] Severability -1997 c 429: See note following RCW 36.70A.3201. Construction — Application -1995 c 400: See note following RCW 36.70A.070. Effective date -1995 c 400: See note following RCW 36.70A.040. Severability— Application -1994 c 249: See notes following RCW 34.05.310. Effective date -1993 sp.s. c 6: See note following RCW 36.70A.040. 36.70A.120 Planning activities and capital budget decisions — Implementation in conformity with compre- hensive plan. Each county and city that is required or chooses to plan under RCW 36.70A.040 shall perform its activities and make capital budget decisions in conformity [Title 36 RCW —page 1811 r►_ 36.70A.120 Title 36 RCW: Counties with its comprehensive plan. [1993 sp.s. c 6 § 3; 1990 1st ex.s. c 17 § 12.] Effective date -1993 sp.s. c 6: See note following RCW 36.70A.040. 36.70A.130 Comprehensive plans— Review- Amendments. (1)(a) Each comprehensive land use plan and development regulations shall be subject to continuing review and evaluation by the county or city that adopted them. A county or city shall take legislative action to review and, if needed, revise its comprehensive land use plan and development regulations to ensure the plan and regulations comply with the requirements of this chapter according to the time periods specified in subsection (4) of this section. A county or city not planning under RCW 36.70A.040 shall take action to review and, if needed, revise its policies and development regulations regarding critical areas and natural resource lands adopted according to this chapter to ensure these policies and regulations comply with the requirements of this chapter according to the time periods specified in subsection (4) of this section. Legislative action means the adoption of a resolution or ordinance following notice and a public hearing indicating at a minimum, a finding that a review and evaluation has occurred and identifying the revisions made, or that a revision was not needed and the reasons therefore. The review and evaluation required by this subsection may be combined with the review required by subsection (3) of this section. The review and evaluation required by this subsection shall include, but is not limited to, consideration of critical area ordinances and, if planning under RCW 36.70A.040, an analysis of the population allocated to a city or county from the most recent ten -year population forecast by the office of financial management. (b) Any amendment of or revision to a comprehensive land use plan shall conform to this chapter. Any amendment of or revision to development regulations shall be consistent with and implement the comprehensive plan. (2)(a) Each county and city shall establish and broadly disseminate to the public a public participation program consistent with RCW 36.70A.035 and 36.70A.140 that identifies procedures and schedules whereby updates, proposed amendments, or revisions of the comprehensive plan are considered by the governing body of the county or city no more frequently than once every year. "Updates" means to review and revise, if needed, according to subsec- tion (1) of this section, and the time periods specified in subsection (4) of this section. Amendments may be consid- ered more frequently than once per year under the following circumstances: (i) The initial adoption of a subarea plan that does not modify the comprehensive plan policies and designations applicable to the. subarea; (ii) The adoption or amendment of a shoreline master program under the procedures set forth in chapter 90.58 RCW; and (iii) The amendment of the capital facilities element of a comprehensive plan that occurs concurrently with the adoption or amendment of a county or city budget. (b) Except as otherwise provided in (a) of this subsec- tion, all proposals shall be considered by the governing body concurrently so the cumulative effect of the various propos- als can be ascertained. However, after appropriate public [Title 36 RCW —page 1821 .,t i� participation a county or city may adopt amendments or revi. sions to its comprehensive plan that conform with this chapter whenever an emergency exists or to resolve an appeal of a comprehensive plan filed with a growth man- agement hearings board or with the court. (3) Each county that designates urban growth areas under RCW 36.70A.110 shall review, at least every ten years, its designated urban growth area or areas, and the densities permitted within both the incorporated and unincor- porated portions of each urban growth area. In conjunction with this review by the county, each city located within an urban growth area shall review the densities permitted within its boundaries, and the extent to which the urban growth occurring within the county has located within each city and the unincorporated portions of the urban growth areas. The county comprehensive plan designating urban growth areas, and the densities permitted in the urban growth areas by the comprehensive plans of the county and each city located within the urban growth areas, shall be revised to accommo- date the urban growth projected to occur in the county for the succeeding twenty -year period. The review required by this subsection may be combined with the review and evaluation required by RCW 36.70A.215. (4) The department shall establish a schedule for counties and cities to take action to review and, if needed, revise their comprehensive plans and development regula- tions to ensure the plan and regulations comply with the re- quirements of this chapter. The schedule established by the department shall provide for the reviews and evaluations to be completed as follows: (a) On or before December 1, 2004, and every seven years thereafter, for Clallam, Clark, Jefferson, King, Kitsap, Pierce, Snohomish, Thurston, and Whatcom counties and the cities within those counties; (b) On or before December 1, 2005, and every seven years thereafter, for Cowlitz, Island, Lewis, Mason, San Juan, Skagit, and Skamania counties and the cities within those counties; (c) On or before December 1., 2006, and every seven years thereafter, for Benton, Chelan, Douglas, Grant, Kittitas, Spokane, and Yakima counties and the cities within those counties; and (d) On or before December 1, 2007, and every seven years thereafter, for Adams, Asotin, Columbia, Ferry, Franklin, Garfield, Grays Harbor, Klickitat, Lincoln, Okanogan, Pacific, Pend Oreille, Stevens, Wahkiakum, Walla Walla, and Whitman counties and the cities within those counties. (5)(a) Nothing in this section precludes a county or city from conducting the review and evaluation required by this section before the time limits established in subsection (4) of this section. Counties and cities may begin this process early and may be eligible for grants from the department, subject to available funding, if they elect to do so. (b) State agencies are encouraged to provide technical assistance to the counties and cities in the review of critical area ordinances, comprehensive plans, and development regulations. (6) A county or city subject to the time periods in subsection (4)(a) of this section that, pursuant to an ordi- nance adopted by the county or city establishing a schedule for periodic review of its comprehensive plan and develop- (2002 Ed.) ■ Growth Management — Planning by Selected Counties and Cities 36.70A.130 lnent regulations, has conducted a review and evaluation of its comprehensive plan and development regulations and, on or after January 1, 2001, has taken action in response to that review and evaluation shall be deemed to have conducted the first review required by subsection (4)(a) of this section. Subsequent review and evaluation by the county or city of its comprehensive plan and development regulations shall be conducted in accordance with the time periods established under subsection (4)(a) of this section. (7) The requirements imposed on counties and cities under this section shall be considered "requirements of this chapter' under the terms of RCW 36.70A.040(1). Only those counties and cities in compliance with the schedules in this section shall have the requisite authority to receive grants, loans, pledges, or financial guarantees from those accounts established in RCW 43.155.050 and 70.146.030. Only those counties and cities in compliance with the schedules in this section shall receive preference for grants or loans subject to the provisions of RCW 43.17.250. [2002 c 320 § 1; 1997 c 429 § 10; 1995 c 347 § 106; 1990 1st ex.s. c 17 § 13.] Prospective application -1997 c 429 §§ 1 -21: See note following RCW 36.70A.3201. Severability -1997 c 429: See note following RCW 36.70A.3201. Finding— Severability —Part headings and table of contents not law -1995 c 347: See notes following RCW 36.70A.470. RCW 36.70A.130(2) does not apply to master planned locations in industri- al land banks: RCW 36.70A.367(4). 36.70A.131 Mineral resource lands- Review of related designations and development regulations. As part of the review required by RCW 36.70A.130(1), a county or city shall review its mineral resource lands designations adopted pursuant to RCW 36.70A.170 and mineral resource lands development regulations adopted pursuant to RCW 36.70A.040 and 36.70A.060. In its review, the county or city shall take into consideration: (1) New information made available since the adoption or last review of its designations or development regulations, including data available from the department of natural resources relating to mineral resource deposits; and (2) New or modified model development regulations for mineral resource lands prepared by the department of natural resources, the department of community, trade, and econom- ic development, or the Washington state association of counties. [1998 c 286 § 7.] 36.70A.140 Comprehensive plans— Ensure public participation. Each county and city that is required or chooses to plan under RCW 36.70A.040 shall establish and broadly disseminate to the public a public participation program identifying procedures providing for early and continuous public participation in the development and amendment of comprehensive land use plans and develop- ment regulations implementing such plans. The procedures shall provide for broad dissemination of proposals and alternatives, opportunity for written comments, public meetings after effective notice, provision for open discussion, communication programs, information services, and consider- ation of and response to public comments. In enacting leg- islation in response to the board's decision pursuant to RCW 36.70A..300 declaring part or all of a comprehensive plan or (2002 Ed.) development regulation invalid, the county or city shall provide for public participation that is appropriate and effec- tive under the circumstances presented by the board's order. Errors in exact compliance with the established program and procedures shall not render the comprehensive land use plan or development regulations invalid if the spirit of the program and procedures is observed. [1995 c 347 § 107; 1990 1st ex.s. c 17 § 14.] Finding — Severability —Part headings and table of contents not law -1995 c 347: See notes following RCW 36.70A.470. 36.70A.150 Identification of lands useful for public purposes. Each county and city that is required or chooses to prepare a comprehensive land use plan under RCW 36.70A.040 shall identify lands useful for public purposes such as utility corridors, transportation corridors, landfills, sewage treatment facilities, storm water management facilities, recreation, schools, and other public uses. The county shall work with the state and the cities within its borders to identify areas of shared need for public facilities. The jurisdictions within the county shall prepare a prioritized list of lands necessary for the identified public uses including an estimated date by which the acquisition will be needed. The respective capital acquisition budgets for each jurisdiction shall reflect the jointly agreed upon priorities and time schedule. [1991 c 322 § 23; 1990 1st ex.s. c 17 § 15.] . Findings — Intent -1991 c 322: See notes following RCW 86.12.200. 36.70A.160 Identification of open space corridors — Purchase authorized. Each county and city that is required or chooses to prepare a comprehensive land use plan under RCW 36.70A.040 shall identify open space corridors within and between urban growth areas They shall include lands useful for recreation, wildlife habitat, trails, and connection of critical areas as defined in RCW 36.70A.030. Identifica- tion of a corridor under this section by a county or city shall not restrict the use or management of lands within the corri- dor for agricultural or forest purposes. Restrictions on the use or management of such lands for agricultural or forest purposes imposed after identification solely to maintain or enhance the value of such lands as a corridor may occur only if the county or city acquires sufficient interest to prevent development of the lands or to control the resource development of the lands. The requirement for acquisition of sufficient interest does not include those corridors regulated by the interstate commerce commission, under provisions of 16 U.S.C. Sec. 1247(d), 16 U.S.C. Sec. 1248, or 43 U.S.C. Sec. 912. Nothing in this section shall be interpreted to alter the authority of the state, or a county or city, to regulate land use activities. The city or county may acquire by donation or purchase the fee simple or lesser interests in these open space corri- dors using funds authorized by RCW 84.34.230 or other sources. [1992 c 227 § 1; 1990 1st ex.s. c 17 § 16.] 36.70A.165 Property designated as greenbelt or open space —Not subject to adverse possession. The legislature recognizes that the preservation of urban greenbelts is an integral part of comprehensive growth management in Washington. The legislature further recog- nizes that certain greenbelts are subject to adverse possession [Title 36 RCW —page 1831 36.70A.165 Title 36 RCW: Counties action which, if carried out, threaten the comprehensive nature of this chapter. Therefore, a party shall not acquire by adverse possession property that is designated as a plat greenbelt or open space area or that is dedicated as open space to a public agency or to a bona fide homeowner's association. [1997 c 429 § 41.1 Severability -1997 c 429: See note following RCW 36.70A.3201. 36.70A.170 Natural resource lands and critical areas — Designations. (1) On or before September 1, 1991, each county, and each city, shall designate where appropri- ate: (a) Agricultural lands that are not already characterized by urban growth and that have long -term significance for the commercial production of food or other agricultural products; (b) Forest lands that are not already characterized by urban growth and that have long -term significance for the commercial production of timber; (c) Mineral resource lands that are not already character- ized by urban growth and that have long -term significance for the extraction of minerals; and (d) Critical areas. (2) In making the designations required by this section, counties and cities shall consider the guidelines established pursuant to RCW 36.70A.050. [1990 1st ex.s. c 17 § 17.] 36.70A.172 Critical areas— Designation and protec- tion —Best available science to be used. (1) In designating and protecting critical areas under this chapter, counties and cities shall include the best available science in developing policies and development regulations to protect the functions and values of critical areas. In addition, counties and cities shall give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries. (2) If it determines that advice from scientific or other experts is necessary or will be of substantial assistance in reaching its decision, a growth management hearings board may retain scientific or other expert advice to assist in reviewing a petition under RCW 36.70A.290 that involves critical areas. [1995 c 347 § 105.] Finding— Severability —Part headings and table of contents not law -1995 c 347: See notes following RCW 36.70A.470. 36.70A.175 Wetlands to be delineated in accordance with manual. Wetlands regulated under development regulations adopted pursuant to this chapter shall be delineat- ed in accordance with the manual adopted by the department pursuant to RCW 90.58.380. [1995 c 382 § 12.] 36.70A.177 Agricultural lands — Innovative zoning techniques. (1) A county or a city may use a variety of innovative zoning techniques in areas designated as agri- cultural lands of long -term commercial significance under RCW 36.70A.170. The innovative zoning techniques should be designed to conserve agricultural lands and encourage the agricultural economy. A county or city should encourage nonagricultural uses to be limited to lands with poor soils or otherwise not suitable for agricultural purposes. (2) Innovative zoning techniques a county or city may consider include, but are not limited to: [Title 36 RCW —page 184] (a) Agricultural zoning, which limits the density of development and restricts or prohibits nonfarm uses of agricultural land; (b) Cluster zoning, which allows new development on one portion of the land, leaving the remainder in agricultural or open space uses; (c) Large lot zoning, which establishes as a minimum lot size the amount of land necessary to achieve a successful farming practice; (d) Quarter /quarter zoning, which permits one residential dwelling on a one -acre minimum lot for each one - sixteenth of a section of land; and (e) Sliding scale zoning, which allows the number of lots for single - family residential purposes with a minimum lot size of one acre to increase inversely as the size of the total acreage increases. [1997 c 429 § 23.] Severability -1997 c 429: See note following RCW 36.70A.3201. 36.70A.180 Report on planning progress. (1) It is the intent of the legislature that counties and cities required to adopt a comprehensive plan under RCW 36.70A.040(1) begin implementing this chapter on or before July 1, 1990, including but not limited to: (a) Inventorying, designating, and conserving agricultural, forest, and mineral resource lands, and critical areas; and (b) considering the modification or adoption of comprehensive land use plans and develop- ment regulations implementing the comprehensive land use plans. It is also the intent of the legislature that funds be made available to counties and cities beginning July 1, 1990, to assist them in meeting the requirements of this chapter. (2) Each county and city that adopts a plan under RCW 36.70A.040 (1) or (2) shall report to the department annually for a period of five years, beginning on January 1; 1991, and each five years thereafter, on the progress made by that county or city in implementing this chapter. [1990 1 st ex.s. c 17 § 19.] - 36.70A.190 Technical assistance, procedural criteria, grants, and mediation services. (1) The depart- ment shall establish a program of technical and financial assistance and incentives to counties and cities to encourage and facilitate the adoption and implementation of compre- hensive plans and development regulations throughout the state. (2) The department shall develop a priority list and establish funding levels for planning and technical assistance 1 grants both for counties and cities that plan under RCW 36.70A.040. Priority for assistance shall be based on a county's or city's population growth rates, commercial and industrial development rates, the existence and quality of a comprehensive plan and development regulations, and other relevant factors. (3) The department shall develop and administer a grant program to provide direct financial assistance to counties and cities for the preparation of comprehensive plans under this f chapter. The department may establish provisions for county s and city matching funds to conduct activities under this subsection. Grants may be expended for any purpose directly related to the preparation of a county or city comprehensive plan as the county or city and the department may agree, including, without limitation, the conducting of (2002 Ed) Growth Management — Planning by Selected Counties and Cities 36.70A.190 surveys, inventories and other data gathering and man - aaement activities, the retention of planning consultants, Contracts a d other regional relat d purposefor planning and related services, (4) The department shall establish a program of techni- cal assistance: (a) Utilizing department staff, the staff of other state agencies, and the technical resources of counties and cities to help in the development of comprehensive plans required under this chapter. The technical assistance may include, but not be limited to, programsuand information for local education and training and regional inventories; and (b) Adopting by rule procedural criteria to assist counties and cities in adopting comprehensive plans and development regulations that meet the goals and require- ments of this chapter. These criteria shall reflect regional and local variations and the diversity that exists among different counties and cities that plan under this chapter. (5) The department shall provide mediation services to resolve disputes between counties and cities regarding, among other things, coordination of regional issues and designation of urban growth areas. (6) The department shall provide planning grants to enhance citizen participation under RCW 36.70A.140. [1991 sp.s. c 32 § 3; 1990 1st ex.s. c 17 § 20.1 36.70A.200 Siting of essential public facilities — Limitation on liability. (1) The comprehensive plan of each county and city that is planning under RCW 36.70A.040 shall include a process for identifying and siting essential public facilities. Essential public facilities include those facilities that are typically difficult to site, such as airports, state education facilities and state or regional transportation facilities as defined in RCW 47.06.140, state and local correctional facilities, solid waste handling facili- ties, and in- patient facilities including substance abuse facilities, mental health facilities, group homes, and secure community transition facilities as defined in RCW 71.09.020. (2) Each county and city planning under RCW 36.70A.040 shall, not later than September 1, 2002, establish a process, or amend its existing process, for identifying and siting essential public facilities and adopt or amend its devel- opment regulations as necessary to provide for the siting of secure community transition facilities consistent with statutory requirements applicable to these facilities. (3) Any city or county not planning under RCW 36.70A.040 shall, not later than September 1, 2002, establish a process for siting secure community transition facilities and adopt or amend its development regulations as necessary to provide for the siting of such facilities consistent with statutory requirements applicable to these facilities. (4) The office of financial management shall maintain a list of those essential state public facilities that are required or likely to be built within the next six years. The office of financial management may at any time add facilities to the list. (5) No local comprehensive plan or development regulation may preclude the siting of essential public facilities. (2002 Ed.) (6) No person may bring a cause of action for civil damages based on the good faith actions of any county or city to provide for the siting of secure community transition facilities in accordance with this section and with the requirements of chapter 12, Laws of 2001 2nd sp. sess. For purposes of this subsection, "person" includes, but is not limited to, any individual, agency as defined in RCW 42.17.020, corporation, partnership, association, and limited liability. entity . s pursuant to (7) Counties or cities siting facilitie subsection (2) or (3) of this section shall comply with RCW 71.09.341. (8) The failure of a county or city to act by the dead- lines established in subsections (2) and (3) of this .section is not: (a) A condition that would disqualify the county or city for grants, loans, or pledges under RCW 43.155.070 or 70.146.070; (b) A consideration for grants or loans provided under RCW 43.17.250(2); or (c) A basis for any petition under RCW 36.70A.280 or for any private cause of action. [2002 c 68 § 2; 2001 2nd sp.s. c 12 § 205; 1998 c 171 § 3; 1991 sp.s. c 32 § 1.1 Purpose -2002 c 68: "The purpose of this act is to: (1) Enable the legislature to act upon the recommendations of the joint select committee on the equitable distribution of secure community transition facilities established in section 225, chapter 12, Laws of 2001 2nd sp. sess.; and (2) Harmonize the preemption provisions in RCW 71.09.250 with the preemption provisions applying to future secure community transition facilities to reflect the joint select committee's recommendation that the preemption granted for future secure community transition facilities be the same throughout the state." [2002 c 68 § 1.1 Severability -2002 c 68: "]f any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [2002 c 68 § 19.1 Effective date -2002 c 68: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 21, 20021." [2002 c 68 § 20.1 Intent— Severability— Effective dates -2001 2nd sp.s. c 12: See notes following RCW 71.09.250. 36.70A.210 County -wide planning policies. (1) The legislature recognizes that counties are regional governments within their boundaries, and cities are primary providers of urban governmental services within urban growth areas. For the purposes of this section, a "county-wide planning policy" is a written policy statement or statements used solely for establishing a county -wide framework from which county and city comprehensive plans are developed and adopted pursuant to this chapter. This framework shall ensure that city and county comprehensive plans are consistent as required in RCW 36.70A.100. Nothing in this section shall be construed to alter the land -use powers of cities. (2) The legislative authority of a county that plans under RCW 36.70A.040 shall adopt a county -wide planning p Y in cooperation with the cities located in whole or in part within the county as follows: (a) No later than sixty calendar days from July 16, 1991, the legislative authority of each county that as of June 1, 1991, was required or chose to plan under RCW 36.70A.040 shall convene a meeting with representatives of [Title 36 RCW- -page 1851 36.70A.210 Title 36 RCW: Counties each city located within the county for the purpose of establishing a collaborative process that will provide a framework for the adoption of a county -wide planning policy. In other counties that are required or choose to plan under RCW 36.70A.040, this meeting shall be convened no later than sixty days after the date the county adopts its resolution of intention or was certified by the office of finan- cial management. (b) The process and framework for adoption of a county -wide planning policy specified in (a) of this subsec- tion shall determine the manner in which the county and the cities agree to all procedures and provisions including but not limited to desired planning policies, deadlines, ratifica- tion of final agreements and demonstration thereof, and financing, if any, of all activities associated therewith. (c) If a county fails for any reason to convene a meeting with representatives of cities as required in (a) of this subsection, the.governor may immediately impose any appropriate sanction or sanctions on the county from those specified under RCW 36.70A.340. (d) If there is no agreement by October 1, 1991, in a county that was required or chose to plan under RCW 36.70A.040 as of June 1, 1991, or if there is no agreement within one hundred twenty days of the date the county adopted its resolution of intention or was certified by the office of financial management in any other county that is required or chooses to plan under RCW 36.70A.040, the governor shall first inquire of the jurisdictions as to the reason or reasons for failure to reach an agreement. If the governor deems it appropriate, the governor may imme- diately request the assistance of the department of communi- ty, trade, and economic development to mediate any disputes that preclude agreement. If mediation is unsuccessful in resolving all disputes that will lead to agreement, the governor may impose appropriate sanctions from those specified under RCW 36.70A.340 on the county, city, or cities for failure to reach an agreement as provided in this section. The governor shall specify the reason or reasons for the imposition of any sanction. (e) No later than July 1, 1992, the legislative authority of each county that was required or chose to plan under RCW 36.70A.040 as of June 1, 1991, or no later than fourteen months after the date the county adopted its resolution of intention or was certified by the office of financial management the county legislative authority of any other county that is required or chooses to plan under RCW 36.70A.040, shall adopt a county -wide planning policy according to the process provided under this section and that is consistent with the agreement pursuant to (b) of this subsection, and after holding a public hearing or hearings on the proposed county -wide planning policy. .. (3) A county -wide planning policy shall at a minimum, address the following: (a) Policies to implement RCW 36.70A.110; (b) Policies for promotion of contiguous and orderly development and provision of urban services to such development; (c) Policies for siting public capital facilities of a county -wide or statewide nature, including transportation facilities of statewide significance as defined in RCW 47.06.140; (d) Policies for county -wide transportation facilities and strategies; (e) Policies that consider the need for affordable housing, such as housing for all economic segments of the population and parameters for its distribution; (f) Policies for joint county and city planning within urban growth areas; (g) Policies for county -wide economic development and employment; and (h) An analysis of the fiscal impact. (4) Federal agencies and Indian tribes may participate in and cooperate with the county-wide planning policy adoption process. Adopted county -wide planning policies shall be adhered to by state agencies. (5) Failure to adopt a county -wide planning policy that meets the requirements of this section may result in the imposition of a sanction or sanctions on a county or city within the county, as specified in RCW 36.70A.340. In imposing a sanction or sanctions, the governor shall specify the reasons for failure to adopt a county -wide planning policy in order that any imposed sanction or sanctions are fairly and equitably related to the failure to adopt a county- wide planning policy. (6) Cities and the governor may appeal an adopted county -wide planning policy to the growth management hearings board within sixty days of the adoption of the county -wide planning policy. (7) Multicounty planning policies shall be adopted by two or more counties, each with a population of four hundred fifty thousand or more, with contiguous urban areas and may be adopted by other counties, according to the process established under this section or other processes agreed to among the counties and cities within the affected counties throughout the multicounty region. [1998 c 171 § 4; 1994 c 249 § 28; 1993 sp.s. c 6 § 4; 1991 sp.s. c 32 § 2.1 Severability— Application -1994 c 249: See notes following RCW 34.05.310. Effective date -1993 sp.s. c 6: See note following RCW 36.70A.040. 36.70A.215 Review and evaluation program. (1) Subject to the limitations in subsection (7) of this section, a county shall adopt, in consultation with its cities, county- wide planning policies to establish a review and evaluation program. This program shall be in addition to the require- ments of RCW 36.70A.110, 36.70A.130, and 36.70A.210. In developing and implementing the review and evaluation program required by this section, the county and its cities shall consider information from other appropriate jurisdic- tions and sources. The purpose of the review and evaluation program shall be to: (a) Determine whether a county and its cities are achieving urban densities within urban growth areas by:.- comparing growth and development assumptions, targets, and objectives contained in the county-wide planning policies and:;;. the county and city comprehensive plans with actual growth and development that has occurred in the county and its`:= cities; and (b) Identify reasonable measures, other than adjusting,,.; urban growth areas, that will be taken to comply with the requirements of this chapter. (2) The review and evaluation program shall: [Title 36 RCW —page 1861 (2002 d it d tr Y1 C( se oc po de' po. me evz the that sub con shat incr, mor dete appr prep (20021 ra n n e y g �e d It y it is .s d § X al 'n 's !n ,y td id :h is CY b le BE Growth Management — Planning by Selected Counties and Cities 36.70A.215 (a) Encompass land uses and activities both within and outside of urban growth areas and provide for annual collection of data on urban and rural land uses, development, critical areas, and capital facilities to the extent necessary to determine the quantity and type of land suitable for develop- ment, both for residential and employment -based activities; (b) Provide for evaluation of the data collected under (a) of this subsection every five years as provided in subsection (3) of this section. The first evaluation shall be completed not later than September 1, 2002. The county and its cities may establish in the county -wide planning policies indi- cators, benchmarks, and other similar criteria to use in conducting the evaluation; (c) Provide for methods to resolve disputes among jurisdictions relating to the county -wide planning policies required by this section and procedures to resolve inconsis- tencies in collection and analysis of data; and (d) Provide for the amendment of the county -wide policies and county and city comprehensive plans as needed to remedy an inconsistency identified through the evaluation required by this section, or to bring these policies into com- pliance with the requirements of this chapter. (3) At a minimum, the evaluation component of the program required by subsection (1) of this section shall: (a) Determine whether there is sufficient suitable land to accommodate the county -wide population projection established for the county pursuant to RCW 43.62.035 and the subsequent population allocations within the county and between the county and its cities and the requirements of RCW 36.70A.110; (b) Determine the actual density of housing that has been constructed and the actual amount of land developed for commercial and industrial uses within the urban growth area since the adoption of a comprehensive plan under this chapter or since the last periodic evaluation as required by subsection (1) of this section; and (c) Based on the actual density of development as determined under (b) of this subsection, review commercial, industrial, and housing needs by type and density range to determine the amount of land needed for commercial, indus- trial, and housing for the remaining portion of the twenty - year planning period used in the most recently adopted comprehensive plan. (4) If the evaluation required by subsection (3) of this section demonstrates an inconsistency between what has occurred since the adoption of the county -wide planning policies and the county and city comprehensive plans and development regulations and what was envisioned in those policies and plans and the planning goals and the require- ments of this chapter, as the inconsistency relates to the evaluation factors specified in subsection (3) of this section, the county and its cities shall adopt and implement measures that are reasonably likely to increase consistency during the subsequent five -year period. If necessary, a county, in consultation with its cities as required by RCW 36.70A.210, shall adopt amendments to county -wide planning policies to increase consistency. The county and its cities shall annually monitor the measures adopted under this subsection to determine their effect and may revise or rescind them as appropriate. (5)(a) Not later than July 1, 1998, the department shall prepare .a list of methods used by counties and cities in (2002 Ed.) carrying out the types of activities required by this section. The department shall provide this information and appro- priate technical assistance to counties and cities required to or choosing to comply with the provisions of this section. (b) By December 31, 2007, the department shall submit to the appropriate committees of the legislature a report analyzing the effectiveness of the activities described in this section in achieving the goals envisioned by the county -wide planning policies and the comprehensive plans and develop- ment regulations of the counties and cities. (6) From funds appropriated by the legislature for this purpose, the department shall provide grants to counties, cities, and regional planning organizations required under subsection (7) of this section to conduct the review and perform the evaluation required by this section. (7) The provisions of this section shall apply to coun- ties, and the cities within those counties, that were greater than one hundred fifty thousand in population in 1995 as determined by office of financial management population estimates and that are located west of the crest of the Cascade mountain range. Any other county planning under RCW 36.70A.040 may carry out the review, evaluation, and amendment programs and procedures as provided in this section. [1997 c 429 § 25.1 SeverabiGty -1997 c 429: See note following RCW 36.70A.3201. 36.70A.250 Growth management hearings boards. (1) There are hereby created three growth management hearings boards for the state of Washington. The boards shall be established as follows: (a) An Eastern Washington board with jurisdictional boundaries including all counties that are required to or choose to plan under RCW 36.70A.040 and are located east of the crest of the Cascade mountains; (b) A Central Puget Sound board with jurisdictional boundaries including King, Pierce, Snohomish, and Kitsap counties; and (c) A Western Washington board with jurisdictional boundaries including all counties that are required or choose to plan under RCW 36.70A.040 and are located west of the crest of the Cascade mountains and are not included in the Central Puget Sound board jurisdictional boundaries. Skamania county, should it be required or choose to plan under RCW 36.70A.040, may elect to be included within the jurisdictional boundaries of either the Western or Eastern board. (2) Each board shall only hear matters pertaining to the cities and counties located within its jurisdictional bound- aries. [1994 c 249 § 29; 1991 sp.s. c 32 § 5•1 Severability— Application -1994 c 249: see notes following RCW 34.05.310. 36.70A.260 Growth management hearings boards — Qualifications. (1) Each growth management hearings board shall consist of three members qualified by experience or training in matters pertaining to land use planning and residing within the jurisdictional boundaries of the. applicable board. At least one member of each board must be admitted to practice law in this state and at least one member must have been a city or county elected official. Each board shall be appointed by the governor and not more than two [Title 36 RCW —Page 187] 36.70A.260 Title 36 RCW: Counties members at the time of appointment or during their term shall be members of the same political party. No more than two members at the time of appointment or during their term shall reside in the same county. (2) Each member of a board shall be appointed for a term of six years. A vacancy shall be filled by appointment by the governor for the unexpired portion of the term in which the vacancy occurs. The terms of the first three members of a board shall be staggered so that one member is appointed to serve until July 1, 1994, one member until July 1, 1996, and one member until July 1, 1998. [1994 c 249 § 30; 1991 sp.s. c 32 § 6.] Severability — Application -1994 c 249: See notes following RCW 34.05.310. 36.70A.270 Growth management hearings boards — Conduct, procedure, and compensation. Each growth management hearings board shall be governed by the following rules on conduct and procedure: (1) Any board member may be removed for inefficien- cy, malfeasance, and misfeasance in office, under specific written charges filed by the governor. The governor shall transmit such written charges to the member accused and the chief justice of the supreme court. The chief justice shall thereupon designate a tribunal composed of three judges of the superior court to hear and adjudicate the charges. Removal of any member of a board by the tribunal shall disqualify such member for reappointment. (2) Each board member shall receive reimbursement for travel expenses incurred in the discharge of his or her duties in accordance with RCW 43.03.050 and 43.03.060. If it is determined that the review boards shall operate on atulll- time basis, each member shall receive an annual salary be determined by the governor pursuant to RCW 43.03.040. If it is determined that a review board shall operate on a part- time basis, each member shall receive compensation pursuant to RCW 43.03.250, provided such amount shall not exceed the amount that would be set if they were a full -time board member. The principal office of each board shall be located by the governor within the jurisdictional boundaries of each board. The boards shall operate on either a part-time or full - time basis, as determined by the governor. (3) Each board member shall not: (a) Be a candidate for or hold any other public office or trust; (b) engage in any occupation or business interfering with or inconsistent with his or her duty as a board member; and (c) for a period one year after the termination of his or her board member- ship, act in a representative capacity before the board on any matter. (4) A majority of each board shall constitute a quorum for making orders or decisions, adopting rules necessary for the conduct of its powers and duties, or transacting other official business, and may act even though one position of the board is vacant. One or more members may hold hearings and take testimony to be reported for action by the board when authorized by rule or order of the board. The board shall perform all the powers and duties specified in this chapter or as otherwise provided by law. (5) The board may appoint one or more hearing examin ers to assist the board in its hearing function, to make conclusions of law and findings of fact and, if requested by the board, to make recommendations to the board for [Title 36 RCW —page 1881 cisions in cases before the board. Such hearing examiners nd 1st have demonstrated knowledge of land use v. The boards shall specify in their joint rules of practice .d procedure, as required by subsection (7) of this section, e procedure and criteria to be employed for designating ;acing examiners as a presiding officer. Hearing examiners lected by a board shall meet the requirements of subsection ;) of this section. The findings and conclusions of the -acing examiner shall not become final until they have been )rmall.1 approved by the board. This authorization to use earing examiners does not waive the requirement of RCW 6.70A.300 that final orders be issued within one hundred ighty days of board receipt of a petition. (6) Each board shall make findings of fact and prepare L written decision in each case decided by it, and such findings and decision shall be effective upon being signed by two or more members of the board and upon being filed at the board's principal office, and shall be open for public in- spection at all reasonable times. (7) All proceedings before the board, any of its mem- bers, or a hearing examiner appointed by the board shall be conducted in accordance with such administrative rules of practice and procedure as the boards jointly prescribe. All three boards shall jointly meet to develop and adopt joint rules of practice and procedure, including rules regarding expeditious and summary disposition of appeals. The boards shall publish such rules and decisions they render and ar- range for the reasonable distribution of the rules and deci- sions. Except as it conflicts with specific provisions of this chapter, the administrative procedure act, chapter 34.05 RCW, and specifically including the provisions of RCW 34.05.455 governing ex parte communications, shall govern the practice and procedure of the boards. (8) A board member or hearing examiner is subject to disqualification under chapter 34.05 RCW. The joint rules of practice of the boards shall establish procedures by which 1 a party to a hearing conducted before the board may with the board a motion to disqualify, with supporting affidavit, against a board member or hearing examiner assigned to preside at the hearing. (9) The members of the boards shall meet jointly n t least an annual basis with the objective of sharing informa- tion that promotes goals and 325 § purposes 994c 2571§ 1;a1991 [1997 c 429 § 11; 9 sp.s. c 32 § 7.1 plication -1997 c 429 §§ 1-21: See note following Prospective ap RCW 36.70A.3201. Severability -1997 c 429: See note following RCW 36.70A.3201. Severability -1996 c 325: "If any provision of this act or its cation to an person. circumstance invalid e remainder of appli to other persons orcircumstances the act or the application of the provision is not affected." [1996 c 325 § 6.1 Effective date -1996 c 325: "This act is necessary for ort of the state preservation of the public peace, health, institutions, and shall take effect government and its existing public 1996 c 325 § 7•l immediately [March 30,19961." [ provision of this act or its Severability -1994 c 257: "If any p application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1994 c 257 § 26.1 (2002 Ed.) Growth Management — Planning by Selected Counties and Cities 36.70A.280 Matters subject to board review. (1) A growth management hearings board shall hear and determine only those petitions alleging either: (a) That a state agency, county, or city planning under this chapter is not in compliance with the requirements of this chapter, chapter 90.58 RCW as it relates to the adoption of shoreline master programs or amendments thereto, or chapter 43.21C RCW as it relates to plans, development regulations, or amendments, adopted under RCW 36.70A.040 or chapter 90.58 RCW; or (b) That the twenty -year growth management planning population projections adopted by the office of financial management pursuant to RCW 43.62.035 should be adjusted. (2) A petition may be filed only by: (a) The state, or a county or city that plans under this chapter; (b) a person who has participated orally or in writing before the county or city regarding the matter on which a review is being requested; (c) a person who is certified by the governor within sixty days of filing the request with the board; or (d) a person qualified pursuant to RCW 34.05.530. (3) For purposes of this section "person" means any individual, partnership, corporation, association, state agency, governmental subdivision or unit thereof, or public or private organization or entity of any character. (4) When considering a possible adjustment to a growth management planning population projection prepared by the office of financial management, a board shall consider the implications of any such adjustment to the population forecast for the entire state. The rationale for any adjustment that is adopted by a board must be documented and filed with the office of financial management within ten working days after adop- tion. If adjusted by a board, a county growth management planning population projection shall only be used for the planning purposes set forth in this chapter and shall be known as a "board adjusted population projection ". None of these changes shall affect the official state and county population forecasts prepared by the office of financial management, which shall continue to be used for state bud- get and planning purposes. [1996 c 325 § 2; 1995 c 347 §. 108; 1994 c 249 § 31; 1991 sp.s. c 32 § 9.] Severability— Effective date -1996 c 325: See notes following RCW 36.70A.270. Finding — Severability —Part headings and table of contents not law -1995 c 347: See notes following RCW 36.70A.470. Severability— Application -1994 c 249: See notes following RCW 34.05.310. 36.70A.290 Petitions to growth management hearings boards— Evidence. (1) All requests for review to a growth management hearings board shall be initiated by filing a petition that includes a detailed statement of issues presented for resolution by the board. The board shall render written decisions articulating the basis for its hold- ings. The board shall not issue advisory opinions on issues not presented to the board in the statement of issues, as modified by any prehearing order. (2) All petitions relating to whether or. not an adopted comprehensive plan, development regulation, or permanent amendment thereto, is in compliance with the goals and requirements of this chapter or chapter 90.58 or 43.21C (2002 Ed.) 36.70A.280 RCW.must be filed within sixty days after publication by the legislative bodies of the county or city. (a) Except as provided in (c) of this subsection, the date of publication for a city shall be the date the city publishes the ordinance, or summary of the ordinance, adopting the comprehensive plan or development regulations, or amend- ment thereto, as is required to be published. (b) Promptly after adoption, a county shall publish a notice that it has adopted the comprehensive plan or devel- opment regulations, or amendment thereto. Except as provided in (c) of this subsection, for purpos- es of this section the date of publication for a county shall be the date the county publishes the notice that it has adopted the comprehensive plan or development regulations, or amendment thereto. (c) For local governments planning under RCW 36.70A.040, promptly after approval or disapproval of a local government's shoreline master program or amendment thereto by the department of ecology as provided in RCW 90.58.090, the local government shall publish a notice that the shoreline master program or amendment thereto has been approved or disapproved by the department of ecology. For purposes of this section, the date of publication for the adoption or amendment of a shoreline master program is the date the local government publishes notice that the shoreline master program or amendment thereto has been approved or disapproved by the department of ecology. (3) Unless the board dismisses the petition as frivolous or finds that the person_ filing the petition lacks standing, or the parties have filed an agreement to have the case heard in superior court as provided in RCW 36.70A.295, the board shall, within ten days of receipt of the petition, set a time for hearing the matter. (4) The board shall base its decision on the record developed by the city, county, or the state and supplemented with additional evidence if the board determines that such additional evidence would be necessary or of substantial assistance to the board in reaching its decision. (5) The board, shall consolidate, when appropriate, all Petitions involving the review of the same comprehensive plan or the same development regulation or regulations. [1997 c 429 § 12; 1995 c 347 § 109. Prior: 1994 c 257 § 2; 1994 c 249 § 26; 1991 sp.s. c 32 § 10.] Prospective application -1997 c 429 §§ 1 -21: See note following RCW 36.70A.3201. Severability -1997 c 429: See note following RCW 36.70A.3201. Finding— Severability —Part headings and table of contents not law -1995 c 347: See notes following RCW 36.70A.470. Severability -1994 c 257: See note following RCW 36.70A.270. Severabitity— Application -1994 c 249: See notes following RCW 34.05.310. 36.70A.295 Direct judicial review. (1) The superior court may directly review a petition for review filed under RCW 36.70A.290 if all parties to the proceeding before the board have agreed to direct review in the superior court, The agreement of the parties shall be in writing and signed by all of the parties to the proceeding or their designated representatives. The agreement shall include the parties' agreement to proper venue as provided in RCW 36.70A.300(5). The parties shall file their agreement with the board within ten days after the date the petition is filed, [Title 36 RCW —page 1891 .w. 1 vrf.LG70 Title 36 RCW: Counties or if multiple petitions have been filed and the board has consolidated the petitions pursuant to RCW 36.70A.300, within ten days after the board serves its order of consolida- tion. (2) Within ten days of receiving the timely and com- plete agreement of the parties, the board shall file a certifi- cate of agreement with the designated superior court and shall serve the parties with copies of the certificate. The superior court shall obtain exclusive jurisdiction over a peti- tion when it receives the certificate of agreement. With the certificate of agreement the board shall also file the petition for review, any orders entered by the board, all other documents in the board's files regarding the action, and the written agreement of the parties. (3) For purposes of a petition that is subject to direct review, the superior court's subject matter jurisdiction shall be equivalent to that of the board. Consistent with the requirements of the superior court civil rules, the superior court may consolidate a petition subject to direct review under this section with a separate action filed in the superior court. (4)(a) Except as otherwise provided in (b) and (c) of this subsection, the provisions of RCW 36.70A.280 through 36.70A.330, which specify the nature and extent of board review, shall apply to the superior court's review. (b) The superior court: G) Shall not have jurisdiction to directly review or modify an office of financial management population projection; (ii) Except as otherwise provided in RCW 36.70A.300(2)(b), shall render its decision on the petition within one hundred eighty days of receiving the certification of agreement; and (iii) Shall give a compliance hearing under RCW 36.70A.330(2) the highest priority of all civil matters before the court. (c) An aggrieved party may secure appellate review of a final judgment of the superior court under this section by the supreme court or the court of appeals. The review shall be secured in the manner provided by law for review of superior court decisions in other civil cases. (5) If, following a compliance hearing, the court finds that the state agency, county, or city is not in compliance with the court's prior order, the court may use its remedial and contempt powers to enforce compliance. (6) The superior court shall transmit a copy of its decision and order on direct review to the board, the department, and the governor. If the court has determined that a county or city is not in compliance with the provisions of this chapter, the governor may impose sanctions against the county or city in the same manner as if a board had recommended the imposition of sanctions as provided in RCW 36.70A.330. (7) After the court has assumed jurisdiction over a petition for review under this section, the superior court civil rules shall govern a request for intervention and all other procedural matters not specifically provided for in this section. [1997 c 429 § 13.] Prospective application -1997 c 429 §§ 1 -21: See note following RCW 36.70A.3201. Severability -1997 c 429: See note following RCW 36.70A.3201 [Title 36 RCW —page 19o] 36.70A.300 Final orders. (1) The board shall isstJ a final order that shall be based exclusively on whether not a state agency, county, or city is in compliance wig : requirements of this chapter, chapter 90.58 RCW as it relates to adoption or amendment of shoreline master programs .o.. chapter 43.21C RCW as it relates to adoption of plans development regulations, and amendments thereto, und'61A RCW 36.70A.040 or chapter 90.58 RCW. (2).(a) Except as provided in (b) of this subsection, the final order shall be issued within one hundred eighty days off' receipt of the petition for review, or, if multiple petitions are`.' filed, within one hundred eighty days of receipt of the last` petition that is consolidated. (b) The board may extend the period of time for issuing a decision to enable the parties to settle the dispute if additional time is necessary to achieve a settlement, and (i) an extension is requested by all parties, or (ii) an extension `s is requested by the petitioner and respondent and the board determines that a negotiated settlement between the remain- ing parties could resolve significant issues in dispute.. The request must be filed with the board not later than seven days before the date scheduled for the hearing on the merits ' of the petition. The board may authorize one or more extensions for up to ninety days each, subject to the require- ments of this section. (3) In the final order, the board shall either: (a) Find that the state agency, county, or city is in compliance with the requirements of this chapter, chapter 90.58 RCW as it relates to the adoption or amendment of shoreline master programs, or chapter 43.21C RCW as it relates to adoption of plans, development regulations, and amendments thereto, under RCW 36.70A.040 or chapter 90.58 RCW; or (b) Find that the state agency, county, or city is not in compliance with the requirements of this chapter, chapter 90.58 RCW as it relates to the adoption or amendment of shoreline master programs, or chapter 43.21C RCW as it relates to adoption of plans, development regulations, and amendments thereto, under RCW 36.70A.040 or chapter 90.58 RCW, in which case the board shall remand dle matter to the affected state agency, county, or city. The board shall specify a reasonable time not in excess of one hundred eighty days, or such longer period as determined by the board in cases of unusual scope or complexity, within which the. state agency, county, or city shall comply with the requirements of this chapter. The board may require periodic reports to the board on the progress the jurisdiction is making towards compliance. (4) Unless the board makes a determination of invalidity as provided in RCW 36.70A.302, a finding of noncompli- ance and an order of remand shall not affect the validity of comprehensive plans and development regulations during the period of remand. (5) Any party aggrieved by a final decision of the hearings board may appeal the decision to superior court as provided in RCW 34.05.514 or 36.01.050 within thirty days of the final order of the board. [ 1997 c 429 § 14; 1995 c 347 § 110; 1991 sp.s. c 32 § 11.] Prospective application -1997 c 429 §§ 1 -21: See note following RCW 36.70A.3201. (2002 Ed.) Growth Management — Planning by Selected Counties and Cities 36.70A.300 Severability -1997 c 429: See note following RCW 36.70A.3201. Finding — Severability —Part headings and table of contents not law -1995 c 347: See notes following RCW 36.70A.470. 36.70A.302 Determination of invalidity— Vesting of development permits — Interim controls. (1) A board may determine that part or all of a comprehensive plan or development regulations are invalid if the board: (a) Makes a finding of noncompliance and issues an order of remand under RCW 36.70A.300; (b) Includes in the final order a determination, supported by findings of fact and conclusions of law, that the continued validity of part or parts of the plan or regulation would substantially interfere with the fulfillment of the goals of this chapter; and (c) Specifies in the final order the particular part or parts of the plan or regulation that are determined to be invalid, and the reasons for their invalidity. (2) A determination of invalidity is prospective in effect and does not extinguish rights that vested under state or local law before receipt of the board's order by the city or county. The determination of invalidity does not apply to a complet- ed development permit application for a project that vested under state or local law before receipt of the board's order by the county or city or to related construction permits for that project. (3)(a) Except as otherwise provided in subsection (2) of this section and (b) of this subsection, a development permit application not vested under state or local law before receipt of the board's order by the county or city vests to the local ordinance or resolution that is determined by the board not to substantially interfere with the fulfillment of the goals of this chapter. (b) Even though the application is not vested under state or local law before receipt by the county or city of the board's order, a determination of invalidity does not apply to a development permit application for: (i) A permit for construction by any owner, lessee, or contract purchaser of a single- family residence for his or her own use or for the use of his or her family on a lot existing before receipt by the county or city of the board's order, except as otherwise specifically provided in the board's order to protect the public health and safety; (ii) A building permit and related construction permits for remodeling, tenant improvements, or expansion of an existing structure on a lot existing before receipt of the board's order by the county or city; and (iii) A boundary line adjustment or a division of land that does not increase the number of buildable lots existing before receipt of the board's order by the county or city. (4) If the ordinance that adopts a plan or development regulation under this chapter includes a savings clause intended to revive prior policies or regulations in the event the new plan or regulations are determined to be invalid, the board shall determine under subsection (1) of this section whether the prior policies or regulations are valid during the period of remand. (5) A county or city subject to a determination of invalidity may adopt interim controls and other measures to be in effect until it adopts a comprehensive plan and development regulations that comply with the requirements of this chapter. A development permit application may vest under an interim control or measure upon determination by the board that the interim controls and other measures do not substantially interfere with the fulfillment of the goals of this chapter. (6) A county or city subject to a determination of invalidity may file a motion requesting that the board clarify, modify, or rescind the order. The board shall expeditiously schedule a hearing on the motion. At the hearing on the motion, the parties may present information to the board to clarify the part or parts of the comprehensive plan or development regulations to which the final order applies. The board shall issue any supplemental order based on the information provided at the hearing not later than thirty days after the date of the hearing. (7)(a) If a determination of invalidity has been made and the county or city has enacted an ordinance or resolution amending the invalidated part or parts of the plan or regula- tion or establishing interim controls on development affected by the order of invalidity, after a compliance hearing, the board shall modify or rescind the determination of invalidity if it determines under the standard in subsection (1) of this section that the plan or regulation, as amended or made subject to such interim controls, will no longer substantially interfere with the fulfillment of the goals of this chapter. (b) If the board determines that part or parts of the plan or regulation are no longer invalid as provided in this subsection, but does not find that the plan or regulation is in compliance with all of the requirements of this chapter, the board, in its order, may require periodic reports to the board on the progress the jurisdiction is making towards compli- ance. [1997 c 429 § 16.] Prospective application -1997 c 429 §§ 1 -21: See note following RCW 36.70A.3201. Severability-1997 c 429: See note following RCW 36.70A.3201. 36.70A.305 Expedited review. The court shall provide expedited review of a determination of invalidity or an order effectuating a determination of invalidity made or issued under *RCW 36.70A.300. The matter must be set for hearing within sixty days of the date set for submitting the board's record, absent a showing of good cause for a different date or a stipulation of the parties. [1996 c 325 § 4.1 *Reviser's note: The reference to RCW 36.70A.300 appears to refer to the amendments made by 1996 c 325 § 3, which was vetoed by the governor. Severability — )affective date -1996 c 325: See notes following RCW 36.70A.270. 36.70A.310 Limitations on appeal by the state. A request for review by the state to a growth management hearings board may be made only by the governor, or with the governor's consent the head of an agency, or by the commissioner of public lands as relating to state trust lands, for the review of whether: (1) A county or city that is required or chooses to plan under RCW 36.70A.040 has failed to adopt a comprehensive plan or development regulations, or county -wide planning policies within the time limits established by this chapter; or (2) a county or city that is required or chooses to plan under this chapter has adopted a comprehensive plan, development regulations, or county- wide planning policies, that are not in compliance with the (2002 Ed.) [Title 36 RCW —page 1911 36.70A.310 Title 36 RCW: Counties requirements of this chapter. [1994 c 249 § 32; 1991 sp.s. c 32 § 12.] Severability — Application -1994 c 249: See notes following RCW 34.05.310. 36.70A.320 Presumption of validity — Burden of proof —Plans and regulations. (1) Except as provided in subsection (5) of this section, comprehensive plans and de- velopment regulations, and amendments thereto, adopted under this chapter are presumed valid upon adoption. (2) Except as otherwise provided in subsection (4) of this section, the burden is on the petitioner to demonstrate that any action taken by a state agency, county, or city under this chapter is not in compliance with the requirements of this chapter. (3) In any petition under this chapter, the board, after full consideration of the petition, shall determine whether there is compliance with the requirements of this chapter. In making its determination, the board shall consider the criteria adopted by the department under RCW 36.70A.190(4). The board shall find compliance unless it determines that the action by the state agency, county, or city is clearly errone- ous in view of the entire record before the board and in light of the goals and requirements of this chapter. (4) A county or city subject to a determination of invalidity made under RCW 36.70A.300 or 36.70A.302 has the burden of demonstrating that the ordinance or resolution it has enacted in response to the determination of invalidity will no longer substantially interfere with the fulfillment of the goals of this chapter under the standard in RCW 36.70A.302(1). (5) The shoreline element of a comprehensive plan and the applicable development regulations adopted by a county or city shall take effect as provided in chapter 90.58 RCW. [1997 c 429 § 20; 1995 c 347 § 111; 1991 sp.s. c 32 § 13.] Prospective application -1997 c 429 §§ 1 -21: See note following RCW 36.70A.3201. Severability -1997 c 429: See note following RCW 36.70A.3201. Finding — Severability —Part headings and table of contents not law -1995 c 347: See notes following RCW 36.70A.470. 36.70A.3201 Intent — Finding -1997 c 429 § 20(3). In amending RCW 36.70A.320(3) by section 20(3), chapter 429, Laws of 1997, the legislature intends that the boards apply a more deferential standard of review to actions of counties and cities than the preponderance of the evidence standard provided for under existing law. In recognition of the broad range of discretion that may be exercised by counties and cities consistent with the requirements of this chapter, the legislature intends for the boards to grant deference to counties and cities in how they plan for growth, consistent with the requirements and goals of this chapter. Local comprehensive plans and development regulations require counties and cities to balance priorities and options for action in full consideration of local circumstances. The legislature finds that while this chapter .requires local planning to take place within a framework of state goals and requirements, the ultimate burden and responsibility for plan- ning, harmonizing the planning goals of this chapter, and implementing a county's or city's future rests with that community. [1997 c 429 § 2.] [Title 36 RCW —page 1921 Prospective application -1997 c 429 §§ 1 -21: 'Except as otherwise specifically provided in RCW 36.70A.335, sections 1 through 21, cha ter p 429, Laws of 1997 are prospective in effect and shall not affect the validity of actions taken or decisions made before July 27, 1997." [1997 c 429 § 53.1 Severability -1997 c 429: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1997 c 429 § 54.] 36.70A.330 Noncompliance. (1) After the time set for complying with the requirements of this chapter under RCW 36.70A.300(3)(b) has expired, or at an earlier time upon the motion of a county or city subject to a determina- tion of invalidity under RCW 36.70A.300, the board shall set a hearing for the purpose of determining whether the state agency, county, or city is in compliance with the require- ments of this chapter. (2) The board shall conduct a hearing and issue a finding of compliance or noncompliance with the require- ments of this chapter and with any compliance schedule established by the board in its final order. A person with standing to challenge the legislation enacted in response to the board's final order may participate in the hearing along with the petitioner and the state agency, county, or city. A hearing under this subsection shall be given the highest priority of business to be conducted by the board, and a finding shall be issued within forty -five days of the filing of the motion under subsection (1) of this section with the board. The board shall issue any order necessary to make adjustments to the compliance schedule and set additional hearings as provided in subsection (5) of this section. (3) If the board after a compliance hearing finds that the state agency, county, or city is not in compliance, the board shall transmit its finding to the governor. The board may recommend to the governor that the sanctions authorized by this chapter be imposed. The board shall take into consider- ation the county's or city's efforts to meet its compliance schedule in making the decision to recommend sanctions to the governor. (4) In a compliance hearing upon petition of a party, the board shall also reconsider its final order and decide, if no determination of invalidity has been made, whether one now should be made under RCW 36.70A.302. (5) The board shall schedule additional hearings as appropriate pursuant to subsections (1) and (2) of this section. [1997 c 429 § 21; 1995 c 347 § 112; 1991 sp.s. c 32 § 14.] Prospective application -1997 c 429 §§ 1 -21: See note following RCW 36.70A.3201. Severability -1997 c 429: See note following RCW 36.70A.3201. Finding — Severability —Part headings and table of contents not law -1995 c 347: See notes following RCW 36.70A.470. 36.70A.335 Order of invalidity issued before July 27, 1997. A county or city subject to an order of invalidity issued before July 27, 1997, by motion may request the board to review the order of invalidity in light of the section 14, chapter 429, Laws of 1997 amendments to RCW 36.70A.300, the section 21, chapter 429, Laws of 1997 amendments to RCW 36.70A.330, and RCW 36.70A.302. If a request is made, the board shall rescind or modify the order of invalidity as necessary to make it consistent with (2002 Ed.) Growth Management — Planni the section 141 chapter 429, Laws of 1997 amendments to RCW` 36.70A.300, and to the section 21, chapter 429, Laws of 1997 amendments to RCW 36.70A.330, and RCW 36.70A.302. [1997 c 429 § 22.] Prospective application -1997 c 429 §§ 1 -21: See note following RCW 36.70A.3201. Severability -1997 c 429: See note following RCW 36.70A.3201. ( 36.70A.340 Noncompliance and sanctions. Upon 11 receipt from the board of a finding that a state agency, county, or city is in noncompliance under RCW 36.70A.330, or as a result of failure to meet the requirements of RCW 36.70A.210, the governor may either: (1) Notify and direct the director of the office of financial management to revise allotments in appropriation levels; (2) Notify and direct the state treasurer to withhold the portion of revenues to which the county or city is entitled under one or more of the following: The motor vehicle fuel tax, as provided in chapter 82.36 RCW; the transportation improvement account, as provided in RCW 47.26.084; the urban arterial trust account, as provided in RCW 47.26.080; the rural arterial trust account, as provided in RCW 36.79.150; the sales and use tax, as provided in chapter 82.14 RCW; the liquor profit tax, as provided in RCW 66.08.190; and the liquor excise tax, as provided in RCW il' 82.08.170; or (3) File a notice of noncompliance with the secretary of state and the county or city, which shall temporarily rescind the county or city's authority to collect the real estate excise tax under RCW 82.46.030 until the governor files a notice rescinding the notice of noncompliance. 11991 sp.s. c 32 § 26.] 36.70A.345 Sanctions. The governor may impose a fT sanction or sanctions specified under RCW 36.70A.340 on: (1) A county or city that fails to designate critical areas, agricultural lands, forest lands, or mineral resource lands under RCW 36.70A.170 by the date such action was required to have been taken; (2) a county or city that fails to adopt development regulations under RCW 36.70A.060 Protecting critical areas or conserving agricultural lands, forest lands, or mineral resource lands by the date such action was required to have been taken; (3) a county that fails to designate urban growth areas under RCW 36.70A.I10 by the date such action was required to have been taken; and (4) a county or city that fails to adopt its comprehensive plan or development regulations when such actions are required to be taken. Imposition of a sanction or sanctions under this section shall be preceded by written findings by the governor, that either the county or city is not proceeding in good faith to meet the requirements of the act; or that the county or city has unreasonably delayed taking the required action. The governor shall consult with and communicate his or her findings to the appropriate growth management hearings board prior to imposing the sanction or sanctions. For those counties or cities that are not required to plan or have not opted in, the governor in imposing sanctions shall consider t the size of the jurisdiction relative to the requirements of this f.: i (2002 Ed.) t; i F ng by Selected Counties and Cities 36.70A.335 chapter and the degree of technical and financial assistance provided. [1994 c 249 § 33; 1993 sp.s. c 6 § 5.] Severability— Application -1994 c 249: See notes following RCW 34.05.310. Effective date -1993 sp.s. c 6: See note following RCW 36.70A.040. 36.70A.350 New fully contained communities. A county required or choosing to plan under RCW 36.70A.040 may establish a process as part of its urban growth areas, that are designated under RCW 36.70A.110, for reviewing proposals to authorize new fully contained communities located outside of the initially designated urban growth areas. (1) A new fully contained community may be approved in a county planning under this chapter if criteria including but not limited to the following are met: (a) New infrastructure is provided for and impact fees are established consistent with the requirements of RCW 82.02.050; (b) Transit - oriented site planning and traffic demand management programs are implemented; (c) Buffers are provided between the new fully con- tained communities and adjacent urban development; (d) A mix of uses is provided to offer jobs, housing, and services to the residents of the new community; (e) Affordable housing is provided within the new community for a broad range of income levels; (f) Environmental protection has been addressed and provided for; (g) Development regulations are established to ensure urban growth will not occur in adjacent nonurban areas; (h) Provision is made to mitigate impacts on designated agricultural lands, forest lands, and mineral resource lands; (i) The plan for the new fully contained community is consistent with the development regulations established for the protection of critical areas by the county pursuant to RCW 36.70A.170. (2) New fully contained communities may be approved outside established urban growth areas only if a county reserves a portion of the twenty -year population projection and offsets the urban growth area accordingly for allocation to new fully contained communities that meet the require- ments of this chapter. Any county electing to establish a new community reserve shall do so no more often than once every five years as a part of the designation or review of urban growth areas required by this chapter. The new community reserve shall be allocated on a project -by- project basis, only after specific project approval procedures have been adopted pursuant to this chapter as a development regulation. When a new community reserve is established, urban growth areas designated pursuant to this chapter shall accommodate the unreserved portion of the twenty -year Population projection. Final approval of an application for a new fully con- tained community shall be considered an adopted amendment to the comprehensive plan prepared pursuant to RCW 36.70A.070 designating the new fully contained community as an urban growth area. 11991 sp.s. c 32 § 16.] [Title 36 RCW —page 1931 36.70A.360 Title 36 RCW: Counties 36.70A.360 Master planned resorts. (1) Counties that are required or choose to plan under RCW 36.70A.040 may permit master planned resorts which may constitute urban growth outside of urban growth areas as limited by this section. .A master planned resort means a self - contained and fully integrated planned unit development, in a setting of significant natural amenities, with primary focus on destina- tion resort facilities consisting of short -term visitor accom- modations associated with a range of developed on -site indoor or outdoor recreational facilities. (2) Capital facilities, utilities, and services, including those related to sewer, water, storm water, security, fire suppression, and emergency medical, provided on -site shall be limited to meeting the needs of the master planned resort. Such facilities, utilities, and services may be provided to a master planned resort by outside service providers, including municipalities and special purpose districts, provided that all costs associated with service extensions and capacity increases directly attributable to the master planned resort are fully borne by the resort. A master planned resort and service providers may enter into agreements for shared capital facilities and utilities, provided that such facilities and utilities serve only the master planned resort or urban growth areas. Nothing in this subsection may be construed as: Establishing an order of priority for processing applications for water right permits, for granting such permits, or for issuing certificates of water right; altering or authorizing in any manner the alteration of the place of use for a water right; or affecting or impairing in any manner whatsoever an existing water right. All waters or the use of waters shall be regulated and controlled as provided in chapters 90.03 and 90.44 RCW and not otherwise. (3) A master planned resort may include other residen- tial uses within its boundaries, but only if the residential uses are integrated into and support the on -site recreational nature of the resort. (4) A master planned resort may be authorized by a county only if: (a) The comprehensive plan specifically identifies policies to guide the development of master planned resorts; (b) The comprehensive plan and development regula- tions include restrictions that preclude new urban or subur- ban land uses in the vicinity of the master planned resort, except in areas otherwise designated for urban growth under RCW 36.70A.110; (c) The county includes a finding as a part of the approval process that the land is better suited, and has more long -term importance, for the master planned resort than for the commercial harvesting of timber or agricultural produc- tion, if located on land that otherwise would be designated as forest land or agricultural land under RCW 36.70A.170; (d) The county ensures that the resort plan is consistent with the development regulations established for critical areas; and (e) On -site and off -site infrastructure and service impacts are fully considered and mitigated. [1998 c 112 § 2; 1991 sp.s. c 32 § 17.] Intent -1998 c 112: "The primary intent of this act is to give effect to recommendations by the 1994 department of community, trade, and economic development's master planned resort task force by clarifying that master planned resorts may make use of capital facilities, utilities, services provided by outside service providers, and may enter i agreements for shared facilities with such providers, when all costs dire; attributable to the resort, including capacity increases, are fully borne by resort." [1998 c 112 § 1.1 36.70A.362 Master planned resorts — Existing resti`i' may be included. Counties that are required or choose to;;_ plan under RCW 36.70A.040 may include existing resorts as master planned resorts which may constitute urban growth. outside of urban growth areas as limited by this section.- Ari'..:, existing resort means a resort in existence on July 1, and developed, in whole or in part, as a significantly self=, contained and integrated development that includes short- term visitor accommodations associated with a range of indoor and outdoor recreational facilities within the property boundaries in a setting of significant natural amenities. An existing resort may include other permanent residential uses, conference facilities, and commercial activities supporting the resort, but only if these other uses are integrated into and consistent with the on -site recreational nature of the resort. An existing resort may be authorized by a county only if: (1) The comprehensive plan specifically identifies policies to guide the development of the existing resort; (2) The comprehensive plan and development regular tions include restrictions that preclude new urban or subur= ban land uses in the vicinity of the existing resort, except in areas otherwise designated for urban growth under RCW 36.70A.110 and *36.70A.360(1); (3) The county includes a finding as a part of the approval process that the land is better suited, and has more long -term importance, for the existing resort than for the commercial harvesting of timber or agricultural production, if located on land that otherwise would be designated as for- est land or agricultural land under RCW 36.70A.170; (4) The county finds that the resort plan is consistent with the development regulations established for critical areas; and (5) On -site and off -site infrastructure impacts are fully considered and mitigated. A county may allocate a portion of its twenty -year population projection, prepared by the office of financial management, to the master planned resort corresponding to the projected number of permanent residents within the master planned resort. [1997 c 382 § l.] *Reviser's note: RCW 36.70A.360 was amended by 1998 c 112 § 2, changing subsection (1) to subsection (4)(a). 36.70A.365 Major industrial developments. A county required or choosing to plan under RCW 36.70A.040 may establish, in consultation with cities consistent with provisions of RCW 36.70A.210, a process for reviewing and approving proposals to authorize siting of specific major industrial developments outside urban growth areas. (1) "Major industrial development" means a master planned location for a specific manufacturing, industrial, or commercial business that: (a) Requires a parcel of land so large that no suitable parcels are available within an urban growth area; or (b) is a natural resource -based industry requiring a location near agricultural land, forest land, or [Title 36 RCW —page 1941 (2002 Ed.) Growth Management— Planning by Selected Counties and Cities 36.70A.365 mineral resource land upon which it is dependent. The major industrial development shall not be for the purpose of retail commercial development or multitenant office parks. (2) A major industrial development may be approved outside an urban growth area in a county planning under this chapter if criteria including, but not limited to the following, are met: (a) New infrastructure is provided for and /or applicable impact fees are paid; (b) Transit- oriented site planning and traffic demand management programs are implemented; (c) Buffers are provided between the major industrial development and adjacent nonurban areas; (d) Environmental protection including air and water quality has been addressed and provided for; (e) Development regulations are established to ensure that urban growth will not occur in adjacent nonurban areas; (f) Provision is made to mitigate adverse impacts on designated agricultural lands, forest lands, and mineral resource lands; (g) The plan for the major industrial development is consistent with the county's development regulations established for protection of critical areas; and (h) An inventory of developable land has been conduct- ed and the county has determined and entered findings that land suitable to site the major industrial development is unavailable within the urban growth area. Priority shall be given to applications for sites that are adjacent to or in close proximity to the urban growth area. (3) Final approval of an application for a major industri- al development shall be considered an adopted amendment to the comprehensive plan adopted pursuant to RCW 36.70A.070 designating the major industrial development site on the land use map as an urban growth area. Final approv- al of an application for a major industrial development shall not be considered an amendment to the comprehensive plan for the purposes of RCW 36.70A.130(2) and may be considered at any time. [1995 c 190 § 1.1 36.70A.367 Major industrial developments— Master planned locations. (1) In addition to the major industrial development allowed under RCW 36.70A.365, a county planning under RCW 36.70A.040 that meets the criteria in subsection (9) or (10) of this section may establish, in consultation with cities consistent with provisions of RCW 36.70A.210, a process for designating a bank of no more than two master planned locations for major industrial. activity outside urban growth areas. (2) A master planned location for major industrial developments outside an urban growth area may be included in the urban industrial land bank for the county if criteria including, but not limited to, the following are met: (a) New infrastructure is provided for and/or applicable impact fees are paid; (b) Transit - oriented site planning and traffic demand management programs are implemented; (c) Buffers are provided between the major industrial development and adjacent nonurban areas; (d) Environmental protection including air and water quality has been addressed and provided for; (e) Development regulations are established to ensure that urban growth will not occur in adjacent nonurban areas; (f) Provision is made to mitigate adverse impacts on designated agricultural lands, forest lands, and mineral resource lands; (g) The plan for the major industrial development is consistent with the county's development regulations established for protection of critical areas; (h) An inventory of developable land has been conduct- ed as provided in RCW 36.70A.365; (i) An interlocal agreement related to infrastructure cost sharing and revenue sharing between the county and interest- ed cities are [is] established; (j) Provisions are established for determining the availability of alternate sites within urban growth areas and the long -term annexation feasibility. of land sites outside of urban growth areas; and (k) Development regulations require the industrial land bank site to be used primarily for locating industrial and manufacturing businesses and specify that the gross floor area of all commercial and service buildings or facilities locating within the industrial land bank shall not exceed ten percent of the total gross floor area of buildings or facilities in the industrial land bank. The commercial and service businesses operated within the ten percent gross floor area limit shall be necessary to the primary industrial or manu- facturing businesses within the industrial land bank. The intent of this provision for commercial or service use is to meet the needs of employees, clients, customers, vendors, and others having business at the industrial site and as an adjunct to the industry to attract and retain a quality work force and to further other public objectives, such as trip reduction. Such uses would not be promoted to attract additional clientele from the surrounding area. The cominer- cial and service businesses should be established concurrent- ly with or subsequent to the industrial or manufacturing businesses. (3) In selecting master planned locations for inclusion in the urban industrial land bank, priority shall be given to locations that are adjacent to, or in close proximity to, an urban growth area. (4) Final approval of inclusion of a master planned location in the urban industrial land bank shall be considered an adopted amendment to the comprehensive plan adopted pursuant to RCW 36.70A.070, except that RCW 36.70A.130(2) does not apply so that inclusion or exclusion of master planned locations may be considered at any time. (5) Once a master planned location has been included in the urban industrial land bank, manufacturing and industrial businesses that qualify as major industrial development under RCW 36.70A.365 may be located there. (6) Nothing in this section may be construed to alter the requirements for a county to comply with chapter 43.21C RCW. (7)(a) The authority of a county meeting the criteria of subsection (9) of this section to engage in the process of including or excluding master planned locations from the urban industrial land bank shall terminate on December 31, 2007. However, any location included in the urban indus- trial land bank on or before December 31, 2007, shall be available for major industrial development as long as the criteria of subsection (2) of this section are met. A county (2002 Ed.) [Title 36 RCW —page 1951 36.70A.367 Title 36 RCW: Counties that has established or proposes to establish an industrial land bank pursuant to this section shall review the need for an industrial land bank within the county, including a review of the availability of land for industrial and manufacturing uses within the urban growth area, during the review and evaluation of comprehensive plans and development regula- tions required by RCW 36.70A.130. . (b) The authority of a county meeting the criteria of subsection (10) of this section to engage in the process of including or excluding master planned locations from the urban industrial land bank terminates on December 31, 2002. However, any location included in the urban industrial land bank on December 31, 2002, shall be available for major industrial development as long as the criteria of subsection (2) of this section are met. (8) For the purposes of this section, "major industrial development" means a master planned location suitable for manufacturing or industrial businesses that: (a) Requires a parcel of land so large that no suitable parcels are available within an urban growth area; or (b) is a natural resource - based industry requiring a location near agricultural land, forest land, or mineral resource land upon which it is dependent; or (c) requires a location with characteristics such as proximity to transportation facilities or related industries such that there is no suitable location in an urban growth area. The major industrial development may not be for the purpose of retail commercial development or multitenant office parks. (9) This section and the termination date specified in subsection (7)(a) of this section apply to a county that at the time the process is established under subsection (1) of this section: (a) Has a population greater than two hundred fifty thousand and is part of a metropolitan area that includes a city in another state with a population greater than two hundred fifty thousand; (b) Has a population greater than one hundred forty thousand and is adjacent to another country; (c) Has a population greater than forty thousand but less than seventy -five thousand and has an average level of unemployment for the preceding three years that exceeds the average state unemployment for those years by twenty percent; and (i) Is bordered by the Pacific Ocean; (ii) Is located in the Interstate 5 or Interstate 90 corri- dor; or (iii) Is bordered by Hood Canal; (d) Is east of the Cascade divide; and (i) Borders another state to the south; or (ii) Is located wholly south of Interstate 90 and borders the Columbia river to the east; or (e) Has an average level of unemployment for the preceding three years that exceeds the average state unem- ployment for those years by twenty percent, and is bordered by the Pacific Ocean and by Hood Canal. (10) This section and the termination date specified in subsection (7)(b) of this section apply to a county that at the time the process is established under subsection (1) of this section: (a) Has a population greater than forty thousand but fewer than eighty thousand; [Title 36 RCW —page 196] (b) Has an average level of unemployment for th preceding three years that exceeds the average state or th e ployment for those years by twenty percent; and (c) Is located in the Interstate 5 or Interstate 90 corridor.' „ (11) Any location included in an industrial land bank r pursuant to section 2, chapter 289, Laws of 1998, section 1 r. chapter 402, Laws of 1997, and section 2, chapter 167, Laws of 1996 shall remain available for major industrial develop- ment according to this section as long as the criteria of subsection (2) of this section continue to be satisfied. [2002 c 306 § 1; 2001 c 326 § 1; 1998 c 289 § 2; 1997 c 402 § 1996 c 167 § 2.] Findings— Purpose -1998 a 289: "The legislature finds that to fulfill the economic development goal of this chapter, it is beneficial to expand the limited authorization for pilot projects for identifying locations for major industrial activity in advance of specific proposals by an applicant. The legislature further finds that land bank availability may provide economical- ly disadvantaged counties the opportunity to attract new industrial activity by offering expeditious siting and therefore promote a community's economic health and vitality. The purpose of this act is to authorize and evaluate additional pilot projects for major industrial activity in economical- ly disadvantaged counties." [1998 c 289 § 1.] Findings — Purpose -1996 c 167: "In 1995 the legislature addressed the demand for siting of major industrial facilities by passage of Engrossed Senate Bill No. 5019, implementing a process for siting such activities outside urban growth areas. The legislature recognizes that the 1995 act requires consideration of numerous factors necessary to ensure that the community can reasonably accommodate a major industrial development outside an urban growth area. The legislature finds that the existing case -by -case procedure for evaluating and approving such a site under the 1995 act may operate to a community's economic disadvantage when a firm, for business reasons, must make a business location decision expeditiously. The legislature therefore finds that it would be useful to authorize, on a limited basis, and evaluate a process for identifying locations for major industrial activity in advance of specific proposals by an applicant. It is the, purpose of this act (1) to authorize a pilot project under which a bank of major industrial development locations outside urban growth areas is created for use in expeditiously siting such a development; (2) to evaluate the impact of this process on the county's compliance with chapter 36.70A RCW; and (3) to encourage consolidation and planning, and environmental review procedures under chapter 36.70B RCW." [1996 c 167 § 1.1 Effective date -1996 c 167: "This act is necessary for the immediate preservation of 'the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [March 28, 1.996]." [1996 c 167 § 3.] 36.70A.370 Protection of private property. (1) The state attorney general shall establish by October 1, 1991, an orderly, consistent process, including a checklist if appropri- ate, that better enables state agencies and local governments to evaluate proposed regulatory or administrative actions to assure that such actions do not result in an unconstitutional taking of private property. It is not the purpose of this section to expand or reduce the scope of private property protections provided in the state and federal Constitutions. The attorney general shall review and update the process at least on an annual basis to maintain consistency with chang- es in case law. (2) Local governments that are required or choose to plan under RCW 36.70A.040 and state agencies shall utilize the process established by subsection (1) of this section to assure that proposed regulatory or administrative actions do not result in an unconstitutional taking of private property. (3) The attorney general, in consultation with the Washington state bar association, shall develop a continuing education course to implement this section. (2002 Ed.) the :m- or. nk 1, ws ,p- of )2 1; 911 he or )e 1- Y d I- Growth Management — Planning by Selected Counties and Cities 36.70A.370 (4) The process used by government agencies shall be protected by attorney client privilege. Nothing in this section grants a private party the right to seek judicial relief requiring compliance with the provisions of this section. [1991 sp.s. c 32 § 18.] 36.70A.380 Extension of designation date. The department may extend the date by which a county or city is required to designate agricultural lands, forest lands, mineral resource lands, and critical areas under RCW 36.70A.170, or the date by which a county or city is required to protect such lands and critical areas under RCW 36.70A.060, if the county or city demonstrates that it is proceeding in an orderly fashion, and is making a good faith effort, to meet these requirements. An extension may be for up to an additional one hundred eighty days. The length of an extension shall be based on the difficulty of the effort to conform with these requirements. [1991 sp.s. c 32 § 39.] 36.70A.385 Environmental planning pilot projects. (1) The legislature intends to determine whether the environ- mental review process mandated under chapter 43.21C RCW may be enhanced and simplified, and coordination improved, when applied to comprehensive plans mandated by this chap- ter. The department shall undertake pilot projects on environmental review to determine if the review process can be improved by fostering more coordination and eliminating duplicative environmental analysis which is made to assist decision makers approving comprehensive plans pursuant to this chapter. Such pilot projects should be designed and scoped to consider cumulative impacts resulting from plan decisions, plan impacts on environmental quality, impacts on adjacent jurisdictions, and similar factors in sufficient depth to simplify the analysis of subsequent specific projects being carried out pursuant to the approved plan. (2) The legislature hereby authorizes the department to establish, in cooperation with business, industry, cities, counties, and other interested parties, at least two but not more than four pilot projects, one of which shall be with a county, on enhanced draft and final nonproject environmental analysis of comprehensive plans prepared pursuant to this . chapter, for the purposes outlined in subsection (1) of this section. The department may select appropriate geographic subareas within a comprehensive plan if that will best serve the purposes of this section and meet the requirements of chapter 43.21C RCW. (3) An enhanced draft and final nonproject environmen- tal analysis prepared pursuant to this section shall follow the rules adopted pursuant to chapter 43.21C RCW. (4) Not later than December 31, 1993, the department shall evaluate the overall effectiveness of the pilot projects under this section regarding preparing enhanced nonproject environmental analysis for the approval process of compre- hensive plans and shall: (a) Provide an interim report of its findings to the legislature with such recommendations as may be appropri- ate, including the need, if any, for further legislation; (b) Consider adoption of any further rules or guidelines as may be appropriate to assist counties and cities in meeting requirements of chapter 43.21C RCW when considering comprehensive plans; and (2002 Ed.) (c) Prepare and circulate to counties and cities such instructional manuals or other information derived from the pilot projects as will assist all counties and cities in meeting the requirements and objectives of chapter 43.21C RCW in the most expeditious and efficient manner in the process of considering comprehensive plans pursuant to this chapter. [1998 c 245 § 30; 1995 c 399 § 43; 1991 sp.s. c 32 § 20.] 36.70A.390 Moratoria, interim zoning controls — Public hearing— Limitation on length— Exceptions. A county or city governing body that adopts a moratorium, interim zoning map, interim zoning ordinance, or interim official control without holding a public hearing on the proposed moratorium, interim zoning map, interim zoning ordinance, or interim official control, shall hold a public hearing on the adopted moratorium, interim zoning map, interim zoning ordinance, or interim official control within at least sixty days of its adoption, whether or not the governing body received a recommendation on the matter from the planning commission or department. If the governing body does not adopt findings of fact justifying its action before this hearing, then the governing body shall do so immediately after this public hearing. 'A moratorium, interim zoning map, interim zoning ordinance, or interim official control adopted under this section may be effective for not longer than six months, but may be effective for up to one year if a work plan is developed for related studies providing for such a longer period. A moratorium, interim zoning map, interim zoning ordinance, or interim official control may be renewed for one or more six -month periods if a subsequent public hearing is held and findings of fact are made prior to each renewal. This section does not apply to the designation of critical areas, agricultural lands, forest lands, and mineral resource lands, under RCW 36.70A.170, and the conservation of these lands and protection of these areas under RCW 36.70A.060, prior to such actions being taken in a comprehensive plan adopted under RCW 36.70A.070 and implementing develop- ment regulations. adopted under RCW 36.70A.120, if a public hearing is held on such proposed actions. [1992 c' 207 § 6.] 36.70A.400 Accessory apartments. Any local government, as defined in RCW 43.63A.215, that is planning under this chapter shall comply with RCW 43.63A.215(3). [1993 c 478 § 11.] 36.70A.410 Treatment of residential structures occupied by persons with handicaps. No county or city that plans or elects to plan under this chapter may enact or maintain an ordinance, development regulation, zoning regulation or official control, policy, or administrative practice which treats a residential structure occupied by persons with handicaps differently than a similar residential structure occupied by a family or other unrelated individuals. As used in this section, "handicaps" are as defined in the federal fair housing amendments act of 1988 (42 U.S.C. Sec. 3602). [1993 c 478 § 23.] 36.70A.420 Transportation projects— Findings- Intent. The legislature recognizes that there are major [Title 36 RCW —page 197] R 36.70A.420 Title 36 RCW: Counties transportation projects that affect multiple jiirisdictions as to economic development, fiscal influence, environmental consequences, land use implications, and mobility of people and goods. The legislature further recognizes that affected jurisdictions have important interests that must be addressed, and that these jurisdictions' present environmental planning and permitting authority may result in multiple local permits and other requirements being specified for the projects. The legislature finds that the present permitting system may result in segmented and sequential decisions by local governments that do not optimally serve all the parties with an interest in the decisions. The present system may also make more difficult achieving the consistency among plans and actions that is an important aspect of this chapter. It is the intent of the legislature to provide for more efficiency and equity in the decisions of local governments regarding major transportation projects by encouraging coordination or consolidation of the processes for reviewing environmental planning and permitting requirements for those projects. The legislature intends that local govern- ments coordinate their regulatory decisions by considering together the range of local, state, and federal requirements for major transportation projects. Nothing in RCW 36.70A.420 or 36.70A.430 alters.the authority of cities or counties under any other planning or permitting statute. [1994 c 258 § 1.] Captions not law -1994 c 258: "Section captions used in this act constitute no part of the law." (1994 c 258 § 6.] 36.70A.430 Transportation projects— Collaborative review process. For counties engaged in planning under this chapter, there shall be established by December 31, 1994, a collaborative process to review and coordinate state and .local permits for all transportation projects that cross more than one city or county boundary. This process shall at a minimum, establish a mechanism among affected cities and counties to designate a permit coordinating agency to fa- cilitate multijurisdictional review and approval of such transportation projects. [1994 c 258 § 2.] Captions not law -1994 c 258: See note following RCW 36.70A.420. 36.70A.450 Family day -care provider's home facility —City may not prohibit in residential or commer- cial area. No city that plans or elects to plan under this chapter may enact, enforce, or maintain an ordinance, development regulation, zoning regulation, or official control, policy, or administrative practice which prohibits the use of a residential dwelling, located in an area zoned for resi- dential or commercial use, as a family day -care provider's home facility. A city may require that the facility: (1) Comply with all building, fire, safety, health code, and business licensing requirements; (2) conform to lot size, building size, setbacks, and lot coverage standards applicable to the zoning district except if the structure is a legal nonconforming structure; (3) is certified by the office of child care policy licensor as providing a safe passenger loading area; (4) include signage, if any, that conforms to applicable regulations; and (5) limit hours of operations to facilitate neighborhood compatibility, [Title 36 RCW —page 198] while also providing appropriate opportunity for persons: w. use family day -care and who work a nonstandard work: s ``.`'' A city may also require that the family day- caz.i., provider, before state licensing, require proof of writte notification by the provider that the immediately adjoining;? property owners have been informed of the intent to locate w and maintain such a facility. If a dispute arises between:`;1'. neighbors and the family day -care provider over licensingr~ requirements, the licensor may provide a forum to resolve; ; the dispute. T; Nothing in this section shall be construed to prohibit.a`:. city that plans or elects to plan under this chapter froze.`: imposing zoning conditions on the establishment and maintenance of a family day -care provider's home in an area zoned for residential or commercial use, so long as such conditions are no more restrictive than conditions imposed on other residential dwellings in the same zone and the es- tablishment of such facilities is not precluded. As used in this section, "family day -care provider" is as defined in RCW 74.15.020. [1.995 c 49 § 3; 1994 c 273 § 17.] 36.70A.460 Watershed restoration projects— Permit processing —Fish habitat enhancement project. A permit required under this chapter for a watershed restoration project as defined in RCW 89.08.460 shall be processed in compliance with RCW 89.08.450 through 89.08.510. A fish habitat enhancement project meeting the criteria of *RCW 75.20.350(1) shall be reviewed and approved according to the provisions of *RCW 75.20.350. [1998 c 249 § 11; 1995 c 378 § 11.] *Reviser's note: RCW 75.20.350 was recodified as RCW 77.55.290 pursuant to 2000 c 107 § 129. Findings— Purpose— Report — Effective date -1998 c 249: See notes following RCW 77.55.290. 36.70A.470 Project review — Amendment suggestion procedure — Definitions. (1) Project review, which shall be conducted pursuant to the provisions of chapter 36.7013 RCW, shall be used to make individual project decisions, not land use planning decisions. If, during project review, a county or city planning under RCW 36.70A.040 identifies deficiencies in plans or regulations: (a) The permitting process shall not be used as a comprehensive planning process; (b) Project review shall continue; and (c) The identified deficiencies shall be docketed for possible future plan or development regulation amendments. (2) Each county and city planning under RCW 36.70A.040 shall include in its development regulations a procedure for any interested person, including applicants, citizens, hearing examiners, and staff of other agencies, to suggest plan or development regulation amendments. The suggested amendments shall be docketed and considered on at least an annual basis, consistent with the provisions of RCW 36.70A.130. (3) For purposes of this section, a deficiency in a comprehensive plan or development regulation refers to the absence of required or potentially desirable contents of a comprehensive plan or development regulation. It does not refer to whether a development regulation addresses a project's probable specific adverse environmental impacts (2002 Ed.) ins who k shift. y -care vritten oining locate tween !using solve ibit a from and area ;uch )sed es- i in I in nit lit )n in :h V Growth Management — Planning by Selected Counties and Cities 36.70A.470 which the permitting agency could mitigate in the normal project review process. (4)- For purposes of this section, docketing refers to compiling and maintaining a list of suggested changes to the comprehensive plan or development regulations in a manner that will ensure such suggested changes will be considered by the county or city and,will be available for review by the public. [1995 c 347 § 10.2.] Findings— Intent -1.995 c 347 § 102: "The legislature finds that during project review, a county or city planning under RCW 36.70A.040 is likely to discover the need to make various improvements in comprehensive plans and development regulations. There is no current requirement or process for applicants, citizens, or agency staff to ensure that these improvements are considered in the plan review process. The legislature also finds that in the past environmental review and permitting of proposed projects have been used to reopen and make land use planning decisions that should have been made through the comprehensive planning process, in part because agency staff and hearing examiners have not been able to ensure consideration of all issues in the local planning process. The legislature further finds that, while plans and regulations should be improved and refined over time, it is unfair to penalize applicants that have submitted permit applications that meet current requirements. It is the intent of the legislature in enacting RCW 36.70A.470 to establish a means by which cities and counties will docket suggested plan or development regulation amendments and ensure their consideration during tite planning process." [1995 c 347 § 101.] Finding -1995 c 347: 'The legislature recognizes by this act that the growth management act is a fundamental building block of regulatory reform. The state and local governments have invested considerable resources in an act that should serve as the integrating framework for all other land -use related laws. The growth management act provides the means to effectively combine certainty for development decisions, reasonable environmental protection, long -range planning for cost - effective infrastructure, and orderly growth and development." [1995 c 347 § 1.1 Severability -1995 c 347: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1995 c 347 § 901.] - Part headings and table of contents not law -1995 c 347: "Part headings and the table of contents as used in this act do not constitute any part of the law." [1995 c 347 § 902.] . 36.70A.480 Shorelines of the state. (1) For shore- lines of the state, the goals and policies of the shoreline management act as set forth in RCW 90.58.020 are added as one of the goals of this chapter as set forth in RCW 36.70A.020. The goals and policies of a shoreline master program for a county or city approved under chapter 90.58 RCW shall be considered an element of the county or city's comprehensive plan. All other portions of the shoreline master program for a county or city adopted under chapter 90.58 RCW, including use regulations, shall be considered a part of the county or city's development regulations. (2) The shoreline master program shall be adopted pursuant to the procedures of chapter 90.58 RCW rather than the procedures set forth in this chapter for the adoption of a comprehensive plan or development regulations. [1995 c 347 § 104.] Finding —Severability —Part headings and table of contents not law -1995 c 347: See notes following RCW 36.70A.470. 36.70A.481 Construction— Chapter 347, Laws of 1995. Nothing in RCW 36.70A.480 shall be construed to authorize a county or city to adopt regulations applicable to shorelands as defined in RCW 90.58.030 that are inconsis- tent with the provisions of chapter 90.58 RCW. [1995 c 382 § 13.] (2002 Ed.) 36.70A.490 Growth management planning and environmental review fund — Established. The growth management planning and environmental review fund is hereby established in the state treasury. Moneys may be placed in the fund from the proceeds of bond sales, tax reve- nues, budget transfers, federal appropriations, gifts, or any other lawful source. Moneys in the fund may be spent only after appropriation. - Moneys in the fund shall be used to make grants to local governments for the purposes set forth in RCW 43.21C.240, 43.21C.031, or 36.70A.500. [1995 c 347 § 115.1 that: Findings— Purpose -1995 c 347 § 115: "(1) The legislature finds (a) As of July 23, 1995, twenty -nine counties and two hundred eight cities are conducting comprehensive planning under the growth management act, chapter 36.70A RCW, which together comprise over ninety percent of the state's population; (b) Comprehensive plans for many of the jurisdictions were due by July 1, 1994, and the remaining jurisdictions must complete plans under due dates ranging from October 1994 to September 1997; (c) Concurrently with these comprehensive planning activities, local governments must conduct several other planning requirements under the growth management act, such as the adoption of capital facilities plans, urban growth areas, and development regulations; (d) Local governments must also comply with the state environmental policy act, chapter 43.21C RCW, in the development of comprehensive plans and development regulations; (e) The combined activities of comprehensive planning and the state environmental policy act present a serious fiscal burden upon local governments; and (f) Detailed environmental analysis integrated with comprehensive plans, subarea plans, and development regulations will facilitate planning for and managing growth, allow greater protection of the environment, and benefit both the general public and private property owners. (2) In order to provide financial assistance to cities and counties planning under chapter 36.70A RCW and to improve the usefulness of plans and integrated environmental analyses, the legislature has created the fund described in RCW 36.70A.490." [1.995 c 347 § 1.14.] Finding— Severability —Part headings and table of contents not law -1995 c 347: See notes following RCW 36.70A.470. 36.70A.500 Growth management planning and environmental review fund — Awarding of grants — Procedures. (1) The department of community, trade, and economic development shall provide management services for the find created by RCW 36.70A.490. The department shall establish procedures for fund management. The department shall encourage participation in the grant pro- gram by other public agencies. The department shall develop the grant criteria, monitor the grant program, and select grant recipients in consultation with state agencies participating in the grant program through the provision of grant funds or technical assistance. (2) A grant may be awarded to a county or city that is required to or has chosen to plan under RCW 36.70A.040 and that is qualified pursuant to this section. The grant shall be provided to assist a county or city in paying for the cost of preparing an environmental analysis wider chapter 43.21C RCW, that is integrated with a comprehensive plan, subarea plan, plan element, county -wide planning policy, develop- ment regulation, monitoring program, or other planning activity adopted under or implementing this chapter that: (a) Improves the process for project permit review while maintaining environmental quality; or [Title 36 RCW —page 199] 36.70A.500 Title 36 RCW: Counties (b) Encourages use of plans and information developed for purposes of complying with this chapter to satisfy requirements of other state programs. (3) In order to qualify for a grant, a county or city shall: (a) Demonstrate that it will prepare an environmental analysis pursuant to chapter 43.210 RCW and subsection (2) of this section that is integrated with a comprehensive plan, subarea plan, plan element, county -wide planning policy, development regulations, monitoring program, or other planning activity adopted under or implementing this chapter; (b) Address environmental impacts and consequences, alternatives, and mitigation measures in sufficient detail to allow the analysis to be adopted in whole or in part by applicants for development permits within the geographic area analyzed in the plan; (c) Demonstrate that procedures for review of develop- ment permit applications will be based on the integrated plans and environmental analysis; (d) Include mechanisms to monitor the consequences of growth as it occurs in the plan area and to use the resulting data to update the plan, policy, or implementing mechanisms and associated environmental analysis; (e) Demonstrate substantial progress towards compliance with the requirements of this chapter. A county or city that is more than six months out of compliance with a require- ment of this chapter is deemed not to be making substantial progress towards compliance; and (f) Provide local funding, which may include financial. participation by the private sector. (4) In awarding grants, the department shall give preference to proposals that include one or more of the following elements: (a) Financial participation by the private sector, or a public /private partnering approach; (b) Identification and monitoring of system capacities for elements of the built environment, and to the extent appropriate, of the natural environment; (c) Coordination with state, federal, and tribal govern- ments in project review; (d) Furtherance of important state objectives related to economic development, protection of areas of statewide significance, and siting of essential public facilities; (e) Programs to improve the efficiency and effectiveness of the permitting process by greater reliance on integrated plans and. prospective environmental analysis; (f) Programs for effective citizen and neighborhood involvement that contribute to greater likelihood that planning decisions can be implemented with community support; and (g) Programs to identify environmental impacts and establish mitigation measures that provide effective means to satisfy concurrency requirements and establish project consistency with the plans. (5) If the local funding includes funding provided by other state functional planning programs, including open space planning and watershed or basin planning, the func- tional plan shall be integrated into and be consistent with the comprehensive plan. (6) State agencies shall work with grant recipients to facilitate state and local project review processes that will implement the projects receiving grants under this ,seal( [1997 c 429 § 28; 1995 c 347 § 116.] r. Severability -1997 c 429: See note following RCW 36.70A.32C Finding— Severability —Part headings and table of content5� i law -1995 c 347: See notes following RCW 36.70A.470. 36.70A.510 General aviation airports. Adoption amendment of comprehensive plan provisions and deve ment regulations under this chapter affecting a gen aviation airport are subject to RCW 36.70.547. [1996 c § 5.] 36.70A.520 National historic towns — Designation; Counties that are required or choose to plan under RCW 36.70A.040 may authorize and designate national historic towns that may constitute urban growth outside of urban growth areas as limited by this section. A national historic town means a town or district that has been designated a national historic landmark by the United States secretary of the interior pursuant to 16 U.S.C. 461 et seq., as amended, based on its significant historic urban features, and which historically contained a mix of residential and commercial or industrial uses. A national historic town may be designated under this chapter by a county only if: (1) The comprehensive plan specifically identifies policies to guide the preservation, redevelopment, infill, and development of the town; (2) The comprehensive plan and development regula- tions specify a mix of residential, commercial, industrial, tourism - recreation, waterfront, or other historical uses, along with other uses, infrastructure, and services which promote the economic sustainability of the town and its historic character. To promote historic preservation, redevelopment, and an economically sustainable community, the town also may include the types of uses that existed at times during its history and is not limited to those present at the time of the historic designation. Portions of the town may include urban densities if they reflect density patterns that existed at times during its history; (3) The boundaries of the town include all of the area contained in the national historic landmark designation, along with any additional limited areas determined by the county as appropriate for transitional uses and buffering. Provisions for transitional uses and buffering must be compatible with the town's historic character and must protect the existing natural and built environment under the requirements of this chapter within and beyond the additional limited areas, including visual compatibility. The comprehensive plan and development regulations must include restrictions that preclude new urban or suburban land uses in the vicinity of the town, including the additional limited areas, except in areas otherwise designated for urban growth under this chap- ter; (4) The development regulations provide for architectur- al controls and review procedures applicable to the rehabili- tation, redevelopment, infill, or new development to promote the historic character of the town; (5) The county finds that the national historic town is consistent with the development regulations established for critical areas; and [Title 36 RCW —page 200] (2002 Ed.) Growth Management — Planning by Selected Counties and Cities (6) on-site and off -site infrastructure impacts are fully considered and mitigated concurrent with development. ' A county may allocate a portion of its twenty -year population projection, prepared by the office of financial management, to the national historic town corresponding to the projected number of permanent residents within the national historic town. [2000 c 196 § 1.] 36.70A.800 Role of growth strategies commission. The growth strategies commission created by executive order shall: (1) Analyze different methods for assuring that county and city comprehensive plans adopted under chapter 36.70A RCW are consistent with the planning goals under RCW 36.70A.020 and with other requirements of chapter 36.70A RCW; (2) Recommend to the legislature and the governor by October 1, 1990, a specific structure or process that, among other things: (a) Ensures county and city comprehensive plans adopted under chapter 36.70A RCW are coordinated and comply with planning goals and other requirements under chapter 36.70A RCW; (b) Requires state agencies to comply with this chapter and to consider and be consistent with county and city comprehensive plans in actions by state agencies, including the location, financing, and expansion of transportation systems and other public facilities; (c) Defines the state role in growth management; (d) Addresses lands and resources of statewide signifi- cance, including to: (i) Protect these lands and resources of statewide significance by developing standards for their preservation and protection and suggesting the appropriate structure to monitor and enforce the preservation of these lands and resources; and (ii) Consider the environmental, economic, and social values of the lands and resources with statewide significance; (e) Identifies potential state funds that may be withheld and incentives that promote county and city compliance with chapter 36.70A RCW; (f) Increases affordable housing statewide and promotes linkages between land use and transportation; (g) Addresses vesting of rights; and (h) Addresses short subdivisions; and (3) Develop recommendations to provide for the resolution of disputes over urban growth areas between counties and cities, including incorporations and annexations. 11990 1st ex.s. c 17 § 86.1 36.70A.900 Severability -1990 1st ex.s. c 17. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstanc- es is not affected. 11990 1st ex.s. c 17 § 88.] 36.70A.901 Part, section headings not law -19% 1st ex.s. c 17. Part and section headings as used in this act do not constitute any part of the law. 11990 1st ex.s. c 17 § 89.] (2002 Ed.) 36.70A.520 36.70A.902 Section headings not law -1991 sp.s. c 32. Section headings as used in this act do not constitute any part of the law. 11991 sp.s. c 32 § 40.] Chapter 36.70B LOCAL PROJECT REVIEW Sections 36.7013.010 Findings and declaration. 36.70B.020 Definitions. 36.70B.030 Project review — Required elements — Limitations. 36.70B.040 Determination of consistency, 36.70B.050 Local government review of project permit applications required— Objectives. 36.70B.060 Local governments planning under the growth management act to establish integrated and consolidated project per - 36.7013.070 Proje ttpermit applications -Determination of complete- ness— Notice to applicant. 36.70B.080 Development regulations — Requirements. 36.70B.100 Designation of person or entity to receive determinations and notices. 36.70B.110 Notice of application— Required elements — Integration with other review procedures— Administrative appeals (as amended by 1997 c 396). 36.70B.110 Notice of application— Required elements Integration with other review procedures — Administrative appeals (as amended by 1997 c 429). 36.7013.120 Permit review process. 36.7013.130 Notice of decision — Distribution. 36.70B.140 Project permits that may be excluded from review. 36.7013.150 Local governments not planning under the growth manage - 36.7013.160 Additional project review encouraged — Construction. 36.7013.170 Development agreements— Authorized. 36.7013.180 Development agreements— Effect. 36.7013.190 Development agreements—Recording—Parties and succes- sors bound. 36.7013.200 Development agreements— Public hearing. 36.7013.210 Development agreements— Authority to impose fees not extended. 36.7013.220 Permit assistance staff. 36.70B.230 Planning regulations— Copies provided to county assessor. 36.70B.900 Finding -- Severability —Part headings and table of contents not law -1995 c 347. 36.70B.010 Findings and declaration. The legisla- ture finds and declares the following: (1) As the number of environmental laws and develop- ment regulations has increased for land uses and develop - ment, so has the number of required local land use permits, each with its own separate approval process. (2) The increasing number of local and state land use permits and separate environmental review processes required by agencies has generated continuing potential for conflict, overlap, and duplication between the various permit and review processes. (3) This regulatory burden has significantly added to the cost and time needed to obtain local and state land use Permits and has made it difficult for the public to know how and when to provide timely comments on land use proposals that require multiple permits and have separate environmen- tal review processes. [1995 c 347 § 401.1 36.70B.020 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. [Title 36 RCW —page 2011