H-1992

AN ACT Relating to growth strategies; amending RCW 36.70A.030, 36.70A.020, 36.70A.070, 36.70A.170, 36.70A.060, and 36.70A.050; adding new sections to chapter 36.70A RCW; and creating new sections.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The legislature finds that the state's natural resources are among the most valuable of all resources in the state, and that their conservation and protection is an essential part of maintaining the quality of life for both present and future generations. A lack of common goals and the absence of effective methods and procedures to plan for environmentally sound land use to accommodate new economic and population growth at the local and regional level have contributed to severe problems and conflicts that threaten the health of our natural resources. It is the intent of the legislature to establish a process and system of planning and growth management that emphasizes a shared responsibility between state and local governments to ensure that our natural resources are effectively conserved and protected. To achieve this goal, state and local governments must be given responsibilities that each level of government is uniquely qualified to perform. It is the intent of the legislature to establish certain state-wide requirements and to designate a state role regarding natural resources of state-wide significance and where natural resources planning involves multiple jurisdictions. It is also the intent of the legislature to permit local governments maximum flexibility in conserving and protecting natural resources where those decisions can most appropriately be made at the local level.

Sec. 2. RCW 36.70A.030 and 1990 1st ex.s. c 17 s 3 are each amended to read as follows:

DEFINITIONS. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Adjacent jurisdictions" include contiguous counties, cities, federally recognized Indian tribes, and the department of natural resources with respect to management of trust lands.

(2) "Adopt a comprehensive land use plan" means to enact a new comprehensive land use plan or to update an existing comprehensive land use plan.

((~~(2)~~)) (3) "Agricultural land" means land primarily devoted to the commercial production of horticultural, viticultural, floricultural, dairy, apiary, vegetable, or animal products or of berries, grain, hay, straw, turf, seed, Christmas trees not subject to the excise tax imposed by RCW 84.33.100 through 84.33.140, or livestock, and that has long-term commercial significance for agricultural production.

((~~(3)~~)) (4) "Board" means the growth management board established to review plans and regulations established under this chapter.

(5) "City" means any city or town, including a code city.

((~~(4)~~)) (6) "Committee" means the committee established under section 10 of this act.

(7) "Comprehensive land use plan," "comprehensive plan," or "plan" means a generalized coordinated land use policy statement of the governing body of a county or city that is adopted pursuant to this chapter.

((~~(5)~~)) (8) "Critical areas" include the following areas and ecosystems: (a) Wetlands; (b) areas with a critical recharging effect on aquifers used for potable water; (c) critical fish and wildlife habitat ((~~conservation areas~~)); (d) frequently flooded areas; and (e) geologically hazardous areas.

((~~(6)~~)) (9) "Department" means the department of community development.

((~~(7)~~)) (10) "Development regulations" means any controls placed on development or land use activities by a county or city, including, but not limited to, zoning ordinances, official controls, planned unit development ordinances, subdivision ordinances, and binding site plan ordinances.

((~~(8)~~)) (11) "Forest land" means land primarily useful for growing and harvesting trees, including Christmas trees subject to the excise tax imposed under RCW 84.33.100 through 84.33.140, for commercial purposes, and that has long-term commercial significance for growing and harvesting trees commercially.

((~~(9)~~)) (12) "Geologically hazardous areas" means areas that because of their susceptibility to erosion, sliding, earthquake, or other geological events, are not suited to the siting of commercial, residential, or industrial development consistent with public health or safety concerns.

((~~(10)~~)) (13) "Long-term commercial significance" includes the growing capacity, productivity, and soil composition of the land for long-term commercial production, in consideration with the land's proximity to population areas, and the possibility of more intense uses of the land.

((~~(11)~~)) (14) "Mineral((s)) resource lands" include those lands identified and currently used or having future potential for long-term commercial extraction of gravel, sand, rock, and valuable metallic substances.

(15) "Natural resources of state-wide significance" are natural resources that possess outstanding natural, ecological, or scenic values, and are of the highest quality and most significant of their type. Because of their quality, they are of interest to all residents of the state. They include but are not limited to: (a) Lands essential for the protection, management, or public enjoyment of wildlife; (b) rivers or segments of rivers with exceptional scenic or ecological characteristics; (c) scenic landscapes of outstanding value; (d) high quality, regionally important wetland communities; (e) unique or rare ecological systems; (f) prime examples of native plant communities; (g) unique geological features; (h) significant shorelines, estuaries, or aquatic sites; (i) essential water resources; and (j) prime or outstanding features of the Washington landscape.

(16) "New community" means a comprehensive development providing for a mixture of land uses which includes the following: (a) A mix of jobs, housing, and public facilities needed for a self-contained community; (b) preservation of open spaces within and around the community; (c) an internal and external transportation system supportive of pedestrian access and mass transit; (d) the new infrastructure needed to serve the proposed community; and (e) the mitigation of off-site impacts.

(17) "Open space" includes two categories of lands that have distinct functions. The first category protects the use of forest, agricultural, and mineral resource lands to assure that these lands continue to produce resource commodities. The second category preserves lands that should not or cannot be altered from their current state because of their value, natural limitations, or dedication by deed for public use. The protection of these categories of open space would: (a) Conserve and enhance scenic, or viewshed resources; (b) provide scenic amenities and community identity within and between areas of urban development; (c) protect physical and/or visual buffers within and between areas of urban and rural development, or along transportation corridors; (d) protect lakes, rivers, streams, watersheds, or water supply; (e) promote conservation of critical areas, forest land, agricultural lands, mineral resource lands, soils, or tidal marshes, beaches, or other shoreline areas; (f) enhance the value to the public of abutting or neighboring parks, forests, wildlife habitat, trails, or other open space; (g) enhance visual enjoyment and recreation opportunities, including public access to shoreline areas; (h) protect natural areas and environmental features with significant educational, scientific, wildlife habitat, historic, or scenic value; or (i) retain and preserve natural areas and wildlife habitat important to the quality of life which are situated in an urban environment.

((~~(12)~~)) (18) "Public facilities" include streets, roads, highways, sidewalks, trails, street and road lighting systems, traffic signals, domestic water systems, storm and sanitary sewer systems, parks and recreational facilities, and schools.

((~~(13)~~)) (19) "Public services" include fire protection and suppression, law enforcement, public health, education, recreation, environmental protection, and other governmental services.

(20) "Region" means one or more counties and the cities within the county or counties, including, as a local option, multicounty regions.

(21) "Special district" means every municipal and quasi-municipal corporation other than a county or city. Special districts shall include, but are not limited to: Water districts, sewer districts, public transportation benefit areas, fire protection districts, port districts, library districts, school districts, public utility districts, county park and recreation service areas, flood control zone districts, irrigation districts, diking districts, and drainage improvement districts.

(22) "State agencies" means all departments, boards, commissions, institutions of higher education, and offices of state government, except those in the legislative or judicial branches, except to the extent otherwise required by law.

((~~(14)~~)) (23) "Urban growth" refers to growth that makes intensive use of land for the location of buildings, structures, and impermeable surfaces to such a degree as to be incompatible with the primary use of such land for the production of food, other agricultural products, or fiber, or the extraction of mineral resources. When allowed to spread over wide areas, urban growth typically requires urban governmental services. "Characterized by urban growth" refers to land having urban growth located on it, or to land located in relationship to an area with urban growth on it as to be appropriate for urban growth.

((~~(15)~~)) (24) "Urban growth areas" means those areas designated by a county pursuant to RCW 36.70A.110.

((~~(16)~~)) (25) "Urban governmental services" include those governmental services historically and typically delivered by cities, and include storm and sanitary sewer systems, domestic water systems, street cleaning services, fire and police protection services, public transit services, and other public utilities associated with urban areas and normally not associated with nonurban areas.

((~~(17)~~)) (26) "Wetland" or "wetlands" means areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities. However, wetlands may include those artificial wetlands intentionally created from nonwetland areas created to mitigate conversion of wetlands, if permitted by the county or city.

Sec. 3. RCW 36.70A.020 and 1990 1st ex.s. c 17 s 2 are each amended to read as follows:

PLANNING GOALS. The following goals are adopted to guide the development and adoption of comprehensive plans and development regulations of those counties and cities that are required or choose to plan under RCW 36.70A.040. The following goals are not listed in order of priority and shall be used ((~~exclusively~~)) for the purpose of guiding the development of comprehensive plans and development regulations. However, plans, regulations, and actions, including expenditures of state-appropriated funds, of state agencies, counties, and cities required or choosing to plan, and special districts shall conform to and support these goals:

(1) Urban growth areas. ((~~Encourage~~)) Urban development shall occur in urban growth areas where adequate public facilities and services exist or can be provided in an efficient manner.

Urban growth areas should be compact, have concentrated employment centers, and provide opportunities for people to live in a variety of housing types close to where they work. Plans should ensure an adequate supply of land for projected jobs considering the nature and diversity of economic activity and for a variety of housing types. Development densities should be sufficient to: (a) Protect open space, natural features and parks, critical areas, forest lands, agricultural lands, and mineral resource lands within and outside of urban growth areas; (b) promote affordable housing; and (c) promote transit. Large land areas characterized by significant natural limitations such as steep slopes, seismic hazard areas, flood plains, and wetlands should not be designated for urban growth.

New development should be designed to respect the planned and existing character of neighborhoods. Open spaces and natural features should be preserved within urban areas.

(2) Reduce sprawl. Reduce the inappropriate conversion of undeveloped land into sprawling, low-density development.

(3) Transportation. ((~~Encourage~~)) Develop efficient multimodal transportation systems that are based on regional priorities and coordinated with county and city comprehensive plans. Provide alternatives to single-occupant automobile travel in congested urban areas. Housing should be of sufficient density and employment centers should be concentrated to enable greater efficiency and affordability of transit service.

(4) Housing. Encourage ((~~the availability of~~)) and participate in making available affordable housing ((to)) for all economic segments of the population of this state, promote a variety of residential densities and housing types, ((~~and~~)) encourage preservation of existing housing stock, promote the state and federal fair housing goals, and provide for a fair share of housing needs.

(5) Economic development. Encourage economic development throughout the state that is consistent with adopted comprehensive plans, promote economic opportunity for all citizens of this state, especially for unemployed and for disadvantaged persons, build a network of strong regional economies, identify and focus assistance on priority economic development areas where there is a need for growth and where there is the realistic capacity and broad local support for such growth, and encourage growth in areas experiencing insufficient economic growth, all within the capacities of the state's natural resources, public services, and public facilities.

(6) Property rights. Private property shall not be taken for public use without just compensation having been made. The property rights of public and private landowners shall be protected from arbitrary and discriminatory actions.

(7) Permits. Applications for both state and local government permits should be processed in a timely and fair manner to ensure predictability.

(8) Natural resource industries. Maintain and enhance natural resource-based industries, including productive timber, agricultural, and fisheries industries. Encourage the conservation of productive forest lands and productive agricultural lands, and discourage incompatible uses.

(9) Open space and recreation. ((~~Encourage the retention of open space and development of recreational opportunities, conserve fish and wildlife habitat, increase access to natural resource lands and water, and develop parks.~~)) Protect open space and where possible link open space into networks at the local, regional, and state-wide level. Permanent open space networks should separate neighboring cities, where possible, and define distinct urban growth areas to prevent their merging into large continuous urban areas. Open space should be used to: Protect fish and wildlife habitat; protect environmentally sensitive land and water areas; provide park and outdoor recreational opportunities; protect scenic areas and viewsheds; accommodate nonmotorized recreational corridors and trails; ensure adequate parks and recreation facilities sized to accommodate anticipated growth in demand of such facilities; and protect views and vistas within and around cities.

(10) Environment. Protect the environment and enhance the state's high quality of life, including air and water quality, and the availability of water.

(11) Citizen participation and coordination. ((~~Encourage~~)) Ensure the involvement of citizens in the planning process and ensure coordination between communities and jurisdictions to reconcile conflicts.

(12) Public facilities and services. Ensure that those public facilities and services necessary to support development shall be adequate to serve the development at the time the development is available for occupancy and use without decreasing current service levels below locally established minimum standards.

(13) Historic preservation. Identify and encourage the preservation of lands, sites, and structures, that have historical or archaeological significance.

(14) Fair share. Ensure the siting of regional and state public facilities, so that each county and its cities accepts their fair share of public facilities and no community is overburdened.

(15) Water Resources. Land use planning and permit decisions that will both protect water and create demand for water must be compatible with water resource plans. New growth must be related to water availability. Each county and its cities must integrate water resource planning for consumptive and nonconsumptive uses into its land use plan. Water is key for fish, wildlife, domestic use, industrial use, power, agriculture, aesthetics, and recreation.

Sec. 4. RCW 36.70A.070 and 1990 1st ex.s. c 17 s 7 are each amended to read as follows:

COMPREHENSIVE PLANS--MANDATORY ELEMENTS. The comprehensive plan of a county or city that is required or chooses to plan under RCW 36.70A.040 shall consist of a map or maps, and descriptive text covering objectives, principles, and standards used to develop the comprehensive plan. The plan shall be an internally consistent document and all elements shall be consistent with the future land use map. A comprehensive plan shall be adopted and amended with public participation as provided in RCW 36.70A.140.

Each comprehensive plan shall include a plan, scheme, or design for each of the following:

(1) A land use element designating the proposed general distribution and general location and extent of the uses of land, where appropriate, for agriculture, timber production, housing, commerce, industry, recreation, open spaces, public utilities, public facilities, and other land uses. The land use element shall provide for sufficient developable land and densities for a range of housing types. The land use element shall include population densities, building intensities, and estimates of future population growth. The land use element shall include designation of natural resource lands and lands for outdoor recreation as provided in RCW 36.70A.060. Each county shall include urban growth areas as established in RCW 36.70A.110 in its comprehensive land use plan. The land use element shall provide for protection of the quality and quantity of ground and surface water used for public water supplies and shall recognize that water availability and quality are key factors in determining the extent, location, distribution, and intensity of land uses. Where applicable, the land use element shall review drainage, flooding, and storm water run-off in the area and nearby jurisdictions and provide guidance for corrective actions to mitigate or cleanse those discharges that pollute waters of the state, including Puget Sound or waters entering Puget Sound.

(2) A housing element recognizing the vitality and character of established residential neighborhoods that: (a) Includes an inventory and analysis of existing and projected housing needs; (b) includes a statement of goals, policies, and objectives for the preservation, improvement, and development of housing and for meeting fair share housing obligations within the county and/or jurisdictions; (c) identifies sufficient land and densities for housing; (d) identifies the existing and projected fair share accommodation of low-income moderate-income housing, including, but not limited to, government-assisted housing, housing for low-income families, manufactured housing, multifamily housing, and group homes and foster care facilities; ((~~and (d)~~)) (e) makes adequate provisions for existing and projected needs of all economic segments of the community; (f) promotes housing that is affordable; and (g) minimizes the displacement of residents from housing.

(3) A capital facilities plan element consisting of: (a) An inventory of existing capital facilities owned by public entities, showing the locations and capacities of the capital facilities; (b) a forecast of the future needs for such capital facilities; (c) the proposed locations and capacities of expanded or new capital facilities; (d) at least a six-year plan that will finance such capital facilities within projected funding capacities and clearly identifies sources of public money for such purposes; and (e) a requirement to reassess the land use element if probable funding falls short of meeting existing needs and to ensure that the land use element, capital facilities plan element, and financing plan within the capital facilities plan element are coordinated and consistent.

(4) A utilities element consisting of the general location, proposed location, and capacity of all existing and proposed utilities, including, but not limited to, electrical lines, telecommunication lines, and natural gas lines.

(5) Counties shall include a rural element including lands that

are not designated for urban growth, agriculture, forest, or mineral resources. The rural element shall permit land uses that are compatible with the rural character of such lands and provide for a variety of rural densities and do not foster urban growth.

(6) A transportation element that implements, and is consistent with, the land use element. The transportation element shall include the following subelements:

(a) Land use assumptions used in estimating travel;

(b) Facilities and services needs, including:

(i) An inventory of air, water, and land transportation facilities and services, including transit alignments, to define existing capital facilities and travel levels as a basis for future planning;

(ii) Level of service standards for all arterials and transit routes to serve as a gauge to judge performance of the system. These standards should be regionally coordinated;

(iii) Specific actions and requirements for bringing into compliance any facilities or services that are below an established level of service standard;

(iv) Forecasts of traffic for at least ten years based on the adopted land use plan to provide information on the location, timing, and capacity needs of future growth;

(v) Identification of system expansion needs and transportation system management needs to meet current and future demands;

(i) An analysis of funding capability to judge needs against probable funding resources;

(ii) A multiyear financing plan based on the needs identified in the comprehensive plan, the appropriate parts of which shall serve as the basis for the six-year street, road, or transit program required by RCW 35.77.010 for cities, RCW 36.81.121 for counties, and RCW 35.58.2795 for public transportation systems;

(iii) If probable funding falls short of meeting identified needs, a discussion of how additional funding will be raised, or how land use assumptions will be reassessed to ensure that level of service standards will be met;

(d) Intergovernmental coordination efforts, including an assessment of the impacts of the transportation plan and land use assumptions on the transportation systems of adjacent jurisdictions;

(e) Demand-management strategies.

After adoption of the comprehensive plan by jurisdictions required to plan or who choose to plan under RCW 36.70A.040, local jurisdictions must adopt and enforce ordinances which prohibit development approval if the development causes the level of service on a transportation facility to decline below the standards adopted in the transportation element of the comprehensive plan, unless transportation improvements or strategies to accommodate the impacts of development are made concurrent with the development. These strategies may include increased public transportation service, ride sharing programs, demand management, and other transportation systems management strategies. For the purposes of this subsection (6) "concurrent with the development" shall mean that improvements or strategies are in place at the time of development, or that a financial commitment is in place to complete the improvements or strategies within six years.

The transportation element described in this subsection, and the six-year plans required by RCW 35.77.010 for cities, RCW 36.81.121 for counties, and RCW 35.58.2795 for public transportation systems, must be consistent.

(7) A design element that enables communities to harmoniously fit new development with planned or existing community character and vision.

(8) An environmental management element that minimizes development and growth impacts on the environment and enhances the quality of air, water, and land resources.

(9) An open space and outdoor recreation element that provides for local and regional parks, outdoor recreation facilities, trails, resource conservation, natural vistas, and open space.

(10) An annexation element for cities and incorporation element for counties to clearly delineate a local government service delivery plan.

(11) A fair share element for siting state and regional public facilities.

Sec. 5. RCW 36.70A.170 and 1990 1st ex.s. c 17 s 17 are each amended to read as follows:

NATURAL RESOURCE LANDS AND CRITICAL AREAS--DESIGNATIONS. (1) On or before September 1, 1991, each county, and each city, shall designate where appropriate:

(a) Agricultural lands that are not already characterized by urban growth and that have long-term significance for the commercial production of food or other agricultural products;

(b) Forest lands that are not already characterized by urban growth and that have long-term significance for the commercial production of timber;

(c) Mineral resource lands that are not already characterized by urban growth and that have long-term significance for the extraction of minerals; and

(d) Critical areas.

(2) In making the designations required by this section, counties and cities shall consider the guidelines established pursuant to RCW 36.70A.050.

(3) Once classified, such lands shall be protected according to RCW 36.70A.060.

Sec. 6. RCW 36.70A.060 and 1990 1st ex.s. c 17 s 6 are each amended to read as follows:

NATURAL RESOURCE LANDS AND CRITICAL AREAS--DEVELOPMENT REGULATIONS. (1) Each county that is required or chooses to plan under RCW 36.70A.040, and each city within such county, shall adopt development regulations on or before September 1, 1991, to assure the conservation of agricultural, forest, and mineral resource lands designated under RCW 36.70A.170. Regulations adopted under this ((~~section~~)) subsection may not prohibit land uses that were permitted prior to their adoption and shall remain in effect until ((a)) the county or city adopts development regulations pursuant to RCW 36.70A.120. Such regulations shall assure that the use of lands adjacent to agricultural, forest, or mineral resource lands shall not interfere with the continued use, in the accustomed manner and in accordance with best management practices, of these designated lands for the production of food, agricultural products, or timber, or for the extraction of minerals.

(2) Each county that is required or chooses to plan under RCW 36.70A.040, and each city within such county, shall adopt development regulations on or before September 1, 1991, precluding land uses or development that is incompatible with the critical areas that are required to be designated under RCW 36.70A.170.

((~~(2)~~)) (3) Such counties and cities shall review these designations and development regulations when adopting their comprehensive plans under RCW 36.70A.040 and implementing development regulations under RCW 36.70A.120 and may alter such designations and development regulations to insure consistency.

NEW SECTION. Sec. 7. OPEN SPACE LANDS--IDENTIFICATION. In addition to designation of natural resource lands and critical areas as required under RCW 36.70A.170, every county and city requiring or choosing to plan under this chapter shall identify existing open space lands permanently protected by the county or city by June 30, 1992. This identification shall be consistent with the requirements contained in RCW 36.70A.160.

NEW SECTION. Sec. 8. REGIONAL PLANS. In counties required to plan under the provisions of this chapter, a regional plan or strategy shall be developed by the county and the cities within the county and as a tribal option any relevant tribal government to set major directions and policies for fair share siting of public facilities by September 1, 1992. A regional plan or strategy for economic development and/or open space may be added at the option of the county and participating cities. State agencies shall participate in and cooperate with regional open space and fair share planning processes to the maximum extent feasible and compatible with their primary responsibilities. Counties may join together to develop multicounty regions for these planning purposes at the option of the county governing bodies of the participating counties. These policies shall be reflected in the individual county and city comprehensive plan elements on open space and fair share siting. After the adoption of such plans, the comprehensive plans prepared under this chapter of participating counties and cities shall be consistent for the subjects covered by the plans.

Sec. 9. RCW 36.70A.050 and 1990 1st ex.s. c 17 s 5 are each amended to read as follows:

MINIMUM STANDARDS TO CLASSIFY AGRICULTURE, FOREST, AND MINERAL LANDS AND CRITICAL AREAS. (1) Subject to the definitions provided in RCW 36.70A.030, the department shall adopt guidelines, under chapter 34.05 RCW, no later than September 1, 1990, to guide the classification of: (a) Agricultural lands; (b) forest lands; (c) mineral resource lands; and (d) critical areas. The department shall consult with the department of agriculture regarding guidelines for agricultural lands, the department of natural resources regarding forest lands and mineral resource lands, and the department of ecology regarding critical areas.

(2) In carrying out its duties under this section, the department shall consult with interested parties, including but not limited to: (a) Representatives of cities; (b) representatives of counties; (c) representatives of developers; (d) representatives of builders; (e) representatives of owners of agricultural lands, forest lands, and mining lands; (f) representatives of local economic development officials; (g) representatives of environmental organizations; (h) representatives of special districts; (i) representatives of the governor's office and federal and state agencies; and (j) representatives of Indian tribes. In addition to the consultation required under this subsection, the department shall conduct public hearings in the various regions of the state. The department shall consider the public input obtained at such public hearings when adopting the guidelines.

(3) The guidelines under subsection (1) of this section shall be minimum guidelines that apply to all ((~~jurisdictions~~)) counties and cities, but also shall allow for regional differences that exist in Washington state. The intent of these guidelines is to assist counties and cities in designating the classification of agricultural lands, forest lands, mineral resource lands, and critical areas under RCW 36.70A.170.

(4) The guidelines established by the department under this section regarding classification of forest lands shall not be inconsistent with guidelines adopted by the department of natural resources.

(5) Once classified, such lands shall be protected according to RCW 36.70A.060.

NEW SECTION. Sec. 10. There is created a committee consisting of the commissioner of public lands, the director of parks and recreation, the director of wildlife, the director of fisheries, the director of ecology, the director of community development, or their designees, one representative from the association of Washington cities, one representative from the Washington state association of counties, one representative from the Washington state public ports association, and by appointment of the governor, three members of the public. In selecting the three members of the public to serve on this committee, the governor shall keep in mind the diversity of the state's natural resources and the diverse needs of state residents. The director of community development shall serve as the chair of the committee and the department shall provide staff to the committee. Members employed by the state shall serve without additional pay, and participation in the work of the committee shall be deemed performance of their employment. Members from the public at large shall be compensated in accordance with RCW 43.03.240 and shall be entitled to reimbursement individually for travel expenses incurred in performance of their duties as members of the committee in accordance with RCW 43.03.050 and RCW 43.03.060.

NEW SECTION. Sec. 11. (1) The committee established in section 10 of this act shall: (a) Develop recommendations on criteria to be used in identifying natural resources of state-wide significance; (b) develop recommendations on minimum standards to be used by counties and cities to protect natural resources of state-wide significance within their jurisdictions; and (c) assist the department in reviewing plans and development regulations as provided in section 14(3) of this act. In carrying out the responsibilities under (a) of this subsection the committee shall keep in mind the requirement that the state compensate private landowners as provided for in section 12(3) of this act. In carrying out the responsibilities under (a) and (b) of this subsection, the committee shall consult with interested parties and shall conduct public hearings in the various regions of the state. The committee shall consider the public input obtained at such public hearings when developing the recommendations. These recommendations shall be submitted to the department on or before September 1, 1991.

(2) The department shall adopt criteria, under chapter 34.05 RCW, for identifying natural resources of state-wide significance, based on the recommendations prepared by the committee under subsection (1)(a) of this section no later than January 1, 1992. The department shall adopt minimum standards, under chapter 34.05 RCW, for protection of natural resources of state-wide significance based on the recommendations prepared by the committee under subsection 1(b) of this section no later than January 1, 1992.

NEW SECTION. Sec. 12. (1)(a) Every county and city shall identify and designate natural resources of state-wide significance located in its jurisdiction based on the criteria adopted by the department pursuant to section 11(2) of this act, to the extent that such natural resources occur within the county or city. Counties and cities may request assistance in identifying these natural resources from the departments of wildlife, ecology, fisheries, and natural resources, and the parks and recreation commission. If requested, these agencies shall, to the maximum extent feasible, provide assessments of which natural resources within the county's or city's jurisdiction meet the criteria established under section 11(2) of this act.

(b) When a county or a city designates a natural resource of state-wide significance that is not wholly contained in the jurisdiction making the designation, the county or city shall notify other counties and/or cities that may share a common interest in the designation.

(2) Every county and city that designates natural resources of state-wide significance shall adopt development regulations on or before September 1, 1992, precluding land uses or development incompatible with the level of protection required by the minimum standards adopted under section 11(2) of this act.

(3) If the development regulations adopted by a county or city to protect a natural resource of state-wide significance reduce the fair market value of private lands, the owner shall have the right to require compensation from the state for the value lost and the state shall pay such compensation.

NEW SECTION. Sec. 13. When a natural resource of state-wide significance designated under section 12 of this act or a critical area designated under RCW 36.70A.170 crosses a city or county border, or where a designated natural resource of state-wide significance or critical area borders two or more jurisdictions, these jurisdictions shall enter into negotiations to arrive at a mutually acceptable set of development regulations that preclude land uses or development that is incompatible with these designations. If the jurisdictions cannot reach agreement, then the proposal from the jurisdiction with the strictest provisions for the protection of the shared natural resource of state-wide significance or critical area shall be adopted by all jurisdictions involved in the negotiations, except that if a jurisdiction believes that other jurisdictions have not negotiated in good faith to reach an agreement, the jurisdiction may prepare alternative development regulations and request that the department review the adequacy of the alternative as provided in section 14(4) of this act.

NEW SECTION. Sec. 14. (1) Each county and city preparing a comprehensive plan and/or development regulations, or amendments thereto, under this chapter shall submit its final draft plan and development regulations, or amendments, to the department before adoption. In addition, the county or city shall submit a copy of those documents to adjacent jurisdictions.

(2) Counties shall submit the regional plans under section 8 of this act to the department for preadoption review.

(3) The department, with assistance from the committee, shall review plans and development regulations, or amendments, and shall prepare an assessment of the degree to which these documents: (a) Meet the minimum standards required for protection of natural resources of state-wide significance; (b) cumulatively provide adequate protection for resources of state-wide significance; and (c) preclude land uses or development incompatible with critical areas. The department shall compile its comments and forward the comments to the county or city within sixty days of receiving the draft plan and regulations, or the department may be presumed to agree with the plan and regulations, or amendments, as submitted. This presumption of agreement shall not apply to changes in the proposed comprehensive plans or development regulations, or amendments, that are made after submission under this section.

(4) If a jurisdiction would be required to adopt stricter development regulations under section 6 of this act than it believes are necessary, the department shall review the jurisdiction's proposed alternative development regulations as part of the assessment in subsection (3) of this section. Where the department finds that the proposed alternative development regulations adequately preclude land uses or development incompatible with critical areas and/or natural resources of state-wide significance, it shall recommend that the proposed alternative regulations be adopted by the jurisdiction. This recommendation shall be included in the comments prepared by the department.

(5) In addition to the comments provided under this section, counties and cities are encouraged to seek comments from the department, other state agencies, and adjacent jurisdictions on proposed comprehensive plans and development regulations, and any amendments proposed after initial adoption, throughout their development. This consultation should supplement the public involvement opportunities under RCW 36.70A.140.

NEW SECTION. Sec. 15. (1) To assist local governments in carrying out the goals and requirements of this chapter, the committee created in section 10 of this act shall prepare a state-wide open space map identifying existing areas of protected open space lands and networks as described in RCW 36.70A.020.

(2) The committee shall prepare the map and submit it to the governor and the joint select committee on growth management by December 1, 1992. The committee shall distribute the map to all counties and cities required to adopt comprehensive land use plans under this chapter.

(3) The process shall consist of:

(a) The identification by the committee of existing open space lands protected by state agencies; and

(b) The identification, in those counties or cities required or choosing to plan under this chapter, of existing open space lands protected by counties and cities.

(4) The committee shall assist the department in developing guidelines pursuant to RCW 36.70A.070(9) to encourage open space networks which link together existing lands identified in subsection (3) of this section.

(5) In preparing the map, the committee shall cooperate to the maximum degree feasible with counties and cities preparing comprehensive plans under RCW 36.70A.040 and with counties and cities designating and adopting development regulations to protect forest, agricultural, and mineral resource lands and critical areas. The map is to be prepared using existing resources information available from federal, state, and local governments, including the designations of forest, agricultural, and mineral resource lands, and critical areas required under this chapter, designations of natural resources of state-wide significance required under section 12 of this act, and the identification of open space corridors provided for in RCW 36.70A.160. The committee shall provide opportunities for public review and comment during preparation of the map.

NEW SECTION. Sec. 16. OPEN SPACE PLAN--STATE AGENCIES SHALL COOPERATE. To foster the efforts of counties and cities to identify and protect open space networks in their comprehensive plans and development regulations as required in RCW 36.70A.160 and this act, all state agencies with natural resources land management, regulation, or planning authorities shall cooperate with county and city efforts to protect open space lands and networks to the extent that is within their primary responsibilities.

NEW SECTION. Sec. 17. Nothing in this act shall be construed as affecting the state's obligation to manage federally granted trust lands for the primary benefit of the designated beneficiary.

NEW SECTION. Sec. 18. HEADINGS. Section headings as used in this act do not constitute any part of the law.

NEW SECTION. Sec. 19. Sections 7, 8, and 10 through 16 of this act are each added to chapter 36.70A RCW.