Ordinance 34740006.900000
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9/16/03
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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
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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:
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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:
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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
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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
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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.
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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.
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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.
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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
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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
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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
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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
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residing at Everett, SiiohomysUE��G f
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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
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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.)
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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.)
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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