Z-99 _______________________________________________
SENATE BILL NO. 5416
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State of Washington 50th Legislature 1987 Regular Session
By Senators Peterson, Patterson and Hansen; by request of Department of Transportation
Read first time 1/29/87 and referred to Committee on Transportation.
AN ACT Relating to limited access facilities; amending RCW 47.52.131 and 47.52.133; and adding a new section to chapter 47.52 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. Section 1, chapter 75, Laws of 1965 ex. sess. as amended by section 243, chapter 7, Laws of 1984 and RCW 47.52.131 are each amended to read as follows:
When the
department is planning a limited access facility through a county or an
incorporated city or town, the department or its staff, before any hearing,
shall give careful consideration to available data as to the county or city's
comprehensive plan, land use pattern, present and potential traffic volume of
county roads and city streets crossing the proposed facility, origin and
destination traffic surveys, existing utilities, the physical appearance the
facility will present, and other pertinent surveys((,)) and, except
as provided in section 3 of this 1987 act, shall submit to the county and
city officials for study a report showing how these factors have been taken
into account and how the proposed plan for a limited access facility will serve
public convenience and necessity, together with the locations and access and
egress plans, and over and under crossings that are under consideration. This
report shall show the proposed approximate right of way limits and profile of
the facility with relation to the existing grade, and shall discuss in a
general manner plans for landscaping treatment, fencing, and illumination, and
shall include sketches of typical roadway sections for the roadway itself and
any necessary structures such as viaducts or bridges, subways, or tunnels.
Conferences shall be held on the merits of this state report and plans and any proposed modification or alternate proposal of the county, city, or town in order to attempt to reach an agreement between the department and the county or city officials. As a result of the conference, the proposed plan, together with any modifications, shall be prepared by the department and presented to the county or city for inspection and study.
Sec. 2. Section 2, chapter 75, Laws of 1965 ex. sess. as amended by section 1, chapter 95, Laws of 1981 and RCW 47.52.133 are each amended to read as follows:
Except as provided in section 3 of this 1987 act, the transportation commission and the highway authorities of the counties and incorporated cities and towns, with regard to facilities under their respective jurisdictions, prior to the establishment of any limited access facility, shall hold a public hearing within the county, city, or town wherein the limited access facility is to be established to determine the desirability of the plan proposed by such authority. Notice of such hearing shall be given to the owners of property abutting the section of any existing highway, road, or street being established as a limited access facility, as indicated in the tax rolls of the county, and in the case of a state limited access facility, to the county and/or city or town. Such notice shall be by United States mail in writing, setting forth a time for the hearing, which time shall be not less than fifteen days after mailing of such notice. Notice of such hearing also shall be given by publication not less than fifteen days prior to such hearing in one or more newspapers of general circulation within the county, city, or town. Such notice by publication shall be deemed sufficient as to any owner or reputed owner or any unknown owner or owner who cannot be located. Such notice shall indicate a suitable location where plans for such proposal may be inspected.
NEW SECTION. Sec. 3. A new section is added to chapter 47.52 RCW to read as follows:
Access reports and hearings on the establishment of limited access facilities are not required if:
(1) The limited access facility would lie wholly within state or federal lands and the agency or agencies with jurisdiction of the land agree to the access plan; or
(2) The access rights to the affected section of roadway have previously been purchased or established by others; or
(3) The limited access facility would not significantly change local road use, and all affected local agencies and abutting property owners agree in writing to waive a formal hearing on the establishment of the facility after publication of a notice of opportunity for a limited access hearing. This notice of opportunity for a limited access hearing shall be given in the same manner as required for published notice of hearings under RCW 47.52.133. If the authority specified in the notice receives a request for a hearing from one or more abutting property owners or affected local agencies on or before the date stated in the notice, an access report shall be submitted as provided in RCW 47.52.131 and a hearing shall be held. Notice of the hearing shall be given by mail and publication as provided in RCW 47.52.133.