S-3825

AN ACT Relating to the mapping of wetlands; amending RCW 36.70A.060; adding new sections to chapter 36.70A RCW; making an appropriation; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The legislature finds that designating land as a wetland to be protected by a county or city's development regulations has a significant impact on the value and permissible uses, both public and private, of that land. The legislature also finds that creating an inventory and map of wetlands within the local jurisdiction will provide local officials with needed knowledge to allow for the integration of wetlands protection programs with the multiple planning goals established in RCW 36.70A.020. Mapping will serve also as an indication to an owner of land that his or her land may be subject to local ordinances that regulate wetlands.

The legislature finds that, while precise mapping of wetland boundaries is overly expensive to do on a state-wide basis, an inventory showing the general location and extent of wetlands can be developed by using currently available information. In addition, there is significant benefit in providing local governments with the means to utilize additional wetland mapping tools to map wetlands in anticipated urban growth areas.

The legislature finds it beneficial that counties and cities provide information that is currently available on the location of wetlands and also provide pertinent development regulations affecting land value to the county assessor's office to assist in meeting current statutory requirements of determining the value of property for tax purposes.

NEW SECTION. Sec. 2. (1) Prior to adopting development regulations to protect wetlands, the county or city considering adoption shall develop an inventory of wetlands that may be subject to those regulations. The approximate location of wetlands must be placed on maps of suitable scale for public viewing. At a minimum, the county or city shall use information from existing national wetland inventory maps together with existing soil maps developed by the federal soil conservation service to indicate the approximate location of wetlands to satisfy the requirements of this section.

(2) At least fifteen working days prior to the first public hearing on the proposed regulations, the county or city shall mail a notice to the owners of land that can be reasonably determined from existing maps showing property ownership as subject to wetland protection regulations. The notice must state how a landowner may obtain a copy of the proposed ordinance and map, and the time and location of the public hearing. The notice shall also state that the map of inventoried wetlands indicates, based upon the best information currently available, the possible location of wetlands. Further that some areas shown on the maps will not be regulated and some areas will be subject to regulation that are not shown on the map. Any person who owns property within the jurisdiction of a county or city that fails to mail a notice as required by this subsection may bring an action for an injunction in the form of a writ of mandamus to require the county or city to mail a notice and hold another public hearing.

The county or city shall also give notice to the public by publishing in a daily newspaper of general circulation one time per week for two consecutive weeks a notice that states how the public may obtain a copy of the proposed ordinance and map, and the time and location of the public hearing. A county or city that publishes a notice to the public is not subject to legal action for damages based upon a failure of providing individual notification.

(3) Upon adopting development regulations, a county or city subject to this section shall transmit a copy of the development regulations and wetlands inventory map to the county assessor's office within sixty days of adopting the ordinances. The county assessor shall consider this information in determining a new assessed value of property subject to the ordinance within twelve months of receiving the information.

(4) This section shall apply only to a county or city that adopts development regulations after March 15, 1992.

NEW SECTION. Sec. 3. (1) A county or city that has adopted development regulations by March 15, 1992, shall develop by September 1, 1992, an inventory of land that may be subject to wetland regulation. The approximate location of wetlands shall be placed on maps of suitable scale for public viewing. At a minimum, the county or city shall use information from existing national wetland inventory maps together with existing soil maps developed by the federal soil conservation service to indicate the approximate location of wetlands to satisfy the requirements of this section.

(2) Within thirty days after the required completion date of the inventory, the county and city shall mail a notice to the owners of land that can be reasonably determined from existing maps showing property ownership as subject to the wetland protection regulation. The notice must inform the landowners how the landowner may obtain a copy of the ordinance and map. The notice shall also state that the map of the inventoried wetlands indicates, based upon the best information currently available, the possible location of wetlands. Further that some areas shown on the maps will not be regulated and some areas will be subject to regulation that are not shown on the map. Any person who owns property within the jurisdiction of a county or city that fails to mail a notice as required by this subsection may bring an action for an injunction in the form of a writ of mandamus to require the county or city to mail a notice and hold another public hearing.

The county or city shall give notice to the public by publishing in a daily newspaper of general circulation one time per week for two consecutive weeks a notice that states how a person may obtain a copy of the proposed ordinance and map. A county or city that publishes a notice to the public and that makes reasonable attempts at providing individual notification is not subject to legal action for damages based upon a failure of providing individual notification.

(3) A county or city subject to this section shall transmit a copy of the development regulations and the wetlands inventory map to the county assessor within thirty days of the required completion date of the inventory. The county assessor shall consider this information in determining a new assessed value of property subject to the ordinance within twelve months of receiving the information.

Sec. 4. RCW 36.70A.060 and 1991 sp.s. c 32 s 21 are each amended to read as follows:

(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~~)) section 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.120. 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 three 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.

(2) In order to comply with the mapping and inventory requirements of sections 2 and 3 of this act, each county and city shall adopt interim 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 interim development regulations shall be adopted on or before ((~~September 1, 1991~~)) March 1, 1992. For the remainder of the counties and cities, such development regulations shall be adopted on or before ((~~March~~)) September 1, 1992.

(3) Such counties and cities shall review these designations and development regulations when adopting their comprehensive plans under RCW 36.70A.040 and implementing 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 commercial significance under RCW 36.70A.170 unless the city or county has enacted a program authorizing transfer or purchase of development rights.

NEW SECTION. Sec. 5. The department of community development, in consultation with the Washington state association of counties, Washington association of cities, and representatives of affected interest groups, within thirty days after the effective date of this act shall inquire and evaluate the cost and timeliness of contracting with the federal soil conservation service, institutions of higher education within the state, and private consulting firms to expedite the development of wetland maps for use by local governments for the purposes of implementing sections 2 and 3 of this act.

NEW SECTION. Sec. 6. (1) If the county assessor fails to revalue property within the time specified in sections 2(3) and 3(3) of this act, a person who owns land designated or that appears to be subject to regulation as a wetland by a county or city, may request the county assessor for revaluation. If the county assessor fails to make the proper adjustment, the landowner may request a hearing before the county board of equalization under chapter 84.48 RCW.

(2) If the value of the property is adjusted under this section or under section 2(3) or 3(3) of this act, the property owner shall be entitled to a refund under chapter 84.69 RCW in the amount of overpaid taxes commencing as of the effective date of the regulation.

NEW SECTION. Sec. 7. Sections 1 through 3, 5, and 6 of this act are each added to chapter 36.70A RCW.

NEW SECTION. Sec. 8. The sum of one million five hundred dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1993, from the water quality account, established under RCW 70.146.030, to the department of community development for the purpose of funding grants to counties and cities required by this act to map wetlands in anticipated urban growth areas. The grants may only be used for mapping that utilizes infrared photography.

NEW SECTION. Sec. 9. 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.