Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Agriculture & Natural Resources Committee

HB 1453

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 Bill

Requires the Columbia River Gorge Commission (Commission) to eliminate the Commission's backlog of complete and unprocessed land use applications by July 1, 2017, improve the Commission's land use permit application approval process, and submit two reports each year to the Legislature describing the Commission's progress on eliminating its backlog of complete and unprocessed land use applications and the improvements made to the land use application process.

Background:

In 1986 the federal National Scenic Area Act (Act) became law. The Act's purpose is to protect and enhance the scenic, cultural, recreational, and natural resources of the Columbia River Gorge while protecting and supporting the Columbia River Gorge Area's economy by encouraging growth in existing urban areas and allowing for future economic development. The Scenic Area is about 83 miles long and consists of 292,500 total acres located in Washington and Oregon. In Washington, the Scenic Area includes parts of Skamania County, Klickitat County, and Clark County.

Pursuant to federal authority granted in the Act, in 1987 Washington and Oregon ratified an interstate compact that formed the Columbia River Gorge Commission (Commission)—a regional planning agency. The Commission consists of 12 voting members, who are appointed by the governors of Washington and Oregon, and the governing bodies of the six counties within the national Scenic Area. Additionally, the United States Secretary of Agriculture appoints one non-voting member.

All new development and land uses in the National Scenic Area must be consistent with the Act and the local ordinances that implement the Act. Implementing ordinances must be consistent with the Scenic Area Management Plan—which was created pursuant to the Act—and may be disapproved by the Commission. The Commission may also adopt an ordinance for a county that sets standards for using nonfederal land in a county within the Scenic Area if the county fails to do so. The Commission reviews all proposals for major development in each county in the Scenic Area, except urban areas, and may disapprove development if the development is inconsistent with the purpose of the Act. Washington and Oregon fund the Commission separately through their own legislation.

Summary of Bill:

The Columbia River Gorge Commission (Commission) is required to eliminate its backlog of complete and unprocessed land use application by July 1, 2017. In addition, the Commission is required to plan and implement certain improvements to the Commission's land use application review process. Specifically, the Commission must reinstate processing timelines for land use applications, provide technical assistance to Clark County, Klickitat County, and Skamania County's land use application programs, and review proposed amendments to the Scenic Area Management Plan.

Moreover, the Commission is required to submit two reports each year to the appropriate committees of the Legislature. The reports are required to contain information about the number of new staff the Commission hires for the purpose of processing land use applications and the number of land use applications processed, including the date the applicant submitted each application, the type of land use approval sought in each application, the date the Commission processed each application, and the number of applications that remain unprocessed. The reports must document the Commission's progress on improving the land use application process to prevent future backlogs of unprocessed applications.

The Commission's reports must be submitted to the Legislature every six months, beginning January 1, 2016, and ending July 1, 2017.