SENATE BILL REPORT

SB 5026

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Summary of First Substitute Bill

Requires urban growth area (UGA) boundaries to follow parcel boundary lines existing when the land is included in the UGA, and sets out requirements for adding the part of the parcel outside the UGA.

Background: Growth Management Act. The Growth Management Act (GMA) is the comprehensive land use planning framework for counties and cities in Washington. The GMA sets forth three broad planning obligations for those counties and cities who plan fully under its scope:

the county legislative authority must adopt a countywide planning policy;
the county, and the cities within the county, must designate critical areas, agricultural lands, forestlands, and mineral resource lands, and adopt development regulations accordingly; and
the county must designate and take other actions related to urban growth areas.

Urban Growth Areas. Counties that fully plan under the GMA must designate Urban Growth Areas (UGAs), within which urban growth must be encouraged and outside of which growth may occur only if it is not urban in nature. Planning jurisdictions must include within their UGAs sufficient areas and densities to accommodate projected urban growth for the succeeding 20-year period. In addition, cities must include sufficient areas to accommodate the broad range of needs and uses that will accompany the projected urban growth, including, as appropriate, medical, governmental, institutional, commercial, service, retail, and other nonresidential uses.

Summary of Bill (First Substitute): UGA boundaries must follow parcel boundary lines existing when the land is included in the UGA. When a parcel is or will be split by a UGA boundary, the part of the parcel outside of the UGA may only be added to the UGA if the land is needed to accommodate the growth management population projection or there is a corresponding reduction in the size of the UGA, the area to be added does not include critical areas or natural resource lands of long-term commercial significance, and the area to be added can be served by existing or planned public facilities and services during the 20-year planning period.

Any changes required to implement this directive must be made as part of the jurisdiction's next periodic comprehensive plan update and must not result in a finding of noncompliance before that time.

EFFECT OF CHANGES MADE BY LOCAL GOVERNMENT COMMITTEE (First Substitute):

Requires that urban growth area boundaries follow parcel boundary lines existing when the land is included in the urban growth area, as opposed to requiring urban growth area boundaries to follow existing parcel boundary lines.
Specifies that when a parcel is or will be split by an urban growth area boundary, the part of the parcel outside the urban growth area may only be added to the urban growth area if (1) the land is needed to accommodate the growth management population projection or there is a corresponding reduction in the size of the urban growth area, (2) the area to be added does not include critical areas or natural resource lands of long-term commercial significance, and (3) the area to be added can be served by existing or planned public facilities and services during the 20-year planning period.

Staff Summary of Public Testimony on Original Bill: The committee recommended a different version of the bill than what was heard. PRO: Pasco School District has a parcel of land with a housing development in the UGA, suitable for siting a school. However, the boundaries of the UGA cut the parcel in half, so it is of no use to them. Adding a consideration of existing parcel lines would be a good requirement, since currently, cities are not required to adjust the UGA boundary for existing parcel lines. This is a good piece of legislation, advising reasonable efforts to avoid unnecessary divisions—a good addition to the GMA.

CON: It makes sense sometimes for boundaries to follow natural areas as opposed to parcel lines, for example, parcels with steep slopes or within flood areas. The directive in this bill would conflict with current law that requires UGA boundaries be based on population projections and development regulations.