PREPROPOSAL STATEMENT OF INQUIRY
Subject of Possible Rule Making: New chapter 365-198 WAC would provide an alternative to an interlocal agreement to cities and counties participating in the regional transfer of development rights (TDR) program for central Puget Sound. This includes Pierce, King, Snohomish, and Kitsap counties and the cities within them. The rule would provide terms and conditions that they may adopt by reference in lieu of an interlocal agreement to transfer development rights. The rule is intended to facilitate participation by cities and counties in the TDR program. The rule would be strictly voluntary.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 43.362.050 directs the department of commerce to develop and adopt by rule terms and conditions of an interlocal agreement for transfers of development rights between counties, cities, and towns to facilitate participation in the regional TDR program.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The rule was recommended by an advisory committee convened by the department of commerce pursuant to RCW 43.362.020 (as enacted by the legislature in 2007 in session law, section 3, chapter 482). The rule was recommended as a tool to facilitate transfers of development rights between counties and cities under the regional transfer of development rights program. Currently, a county and city are required to enter into an interlocal agreement to transfer development rights. The rule would allow a county and city to adopt the terms and conditions of an interlocal agreement as set out in the rule by reference, rather than having to negotiate a formal interlocal agreement. Cities and counties have indicated that this would make the process of transferring development rights easier.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: No federal or state agencies regulate interlocal agreements between cities and counties.
Process for Developing New Rule: Department of commerce will convene an advisory committee of representatives of cities and counties in the central Puget Sound interested in participating in the regional transfer of development rights program.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. Cities and counties interested in participating in the regional transfer of development rights program may participate in the advisory committee. Other interested cities and counties, stakeholders, and citizens may participate in several ways, including signing up for the commerce listserv to receive notices of advisory committee meetings, viewing information on the commerce web site, attending and listening to advisory committee discussions, and providing comments directly to the commerce staff. The commerce staff lead is Heather Ballash at (360) 725-3044, Heather.Ballash@commerce.wa.gov.
November 24, 2009
Marie Sullivan
Interim Assistant Director
Financial Services Division