FINAL BILL REPORT

ESHB 2905

C 196 L 04

Synopsis as Enacted

Brief Description: Modifying provisions for type 1 limited areas of more intensive rural development.

Sponsors: By House Committee on Local Government (originally sponsored by Representatives Hatfield and Jarrett).

House Committee on Local Government

Senate Committee on Land Use & Planning

Background:

The Growth Management Act (GMA) establishes a comprehensive land use planning framework for county and city governments in Washington. Counties and cities meeting specific population and growth criteria are required to comply with the major requirements of the GMA. Counties not meeting these criteria may choose to plan under the GMA. Twenty-nine of 39 counties, and the cities within those 29 counties, are required to or have chosen to comply with the major requirements of the GMA (GMA jurisdictions).

Comprehensive Land Use Plans

Among numerous planning requirements, GMA jurisdictions must adopt internally consistent comprehensive land use plans (comprehensive plans), which are generalized, coordinated land use policy statements of the governing body. Each comprehensive plan must include certain elements, including land use, housing, transportation, and rural elements.

The rural element of a comprehensive plan must specify provisions for lands not designated for urban growth, agriculture, forest, or mineral resources. Such provisions include:

•    allowing counties to consider local circumstances when establishing patterns of rural densities and uses;

•    permitting specific development, varieties of densities, uses, essential public facilities, and rural government services;

•    requiring measures governing rural development, including measures to protect an area's rural character; and

•    permitting limited areas of more intensive rural development (LAMIRDs), including necessary public facilities and public services to serve limited areas.

Limited Areas of More Intensive Rural Development

Subject to GMA requirements, counties may permit three types of LAMIRDs providing for the following:

•    Rural Development - allowing the infill, development, or redevelopment of existing commercial, industrial, residential, or mixed-use areas.

•    Recreational and Tourist Uses - allowing intensification of development on lots containing, or new development of, small-scale recreational or tourists uses.

•    Nonresidential/Cottage Industry - allowing intensification of development on lots containing isolated nonresidential uses or new development of isolated cottage industries and isolated small-scale businesses.

Summary:

Any development or redevelopment within the first type of limited areas of more intensive rural development (i.e., rural development LAMIRDs), other than an industrial area or an industrial use within a mixed-use or industrial area, must be principally designed to serve the existing and projected rural population. Any development or redevelopment within this type of LAMIRD in terms of building size, scale, use, or intensity must be consistent with the character of the existing areas. Development or redevelopment may include changes in use from vacant land or a previously existing use if the new use conforms to specific requirements of the Growth Management Act.

Votes on Final Passage:

House 93  0

Senate 46  0

Effective: June 10, 2004