FINAL BILL REPORT

                                   ESB 6401

                                  C 227 L 92

                              SYNOPSIS AS ENACTED

Brief Description:  Regulating the designation of corridors.

SPONSORS: Senators Barr, Bauer, Hayner and Snyder

SENATE COMMITTEE ON AGRICULTURE & WATER RESOURCES

HOUSE COMMITTEE ON LOCAL GOVERNMENT

BACKGROUND:

Cities and counties who choose to prepare a comprehensive plan under the Growth Management Act are required to identify open space corridors within and between urban growth areas.  They are to include lands useful for recreation, wildlife habitat, trails and connection of critical areas.  Authority was provided for counties or cities to seek to acquire by purchase the fee simple or lesser interests in these open space corridors.

In 1991, amendments were made to the Growth Management Act.  One section of that legislation was subsequently vetoed.  The veto message indicated that the vetoed language was so ambiguous that it would give rise to numerous legal interpretations and invite litigation.  The message further stated that additional work was needed to develop clear and effective open space protection.

SUMMARY:

Identification of an open space corridor by a city or county is not to restrict the use or management of lands within the corridor for agricultural or forest purposes.  A city or county may impose restrictions on the use or management of the identified land solely to maintain or enhance its value as a corridor only if there is sufficient interest in preventing the development or controlling the resource development of the lands.

The requirement for acquisition of sufficient interest does not apply to abandoned railroad corridors regulated by the Interstate Commerce Commission.

VOTES ON FINAL PASSAGE:

Senate      39    9

House 98    0     (House amended)

Senate      39    8     (Senate concurred)

EFFECTIVE:  June 11, 1992