2860-S AMS GO S5576.1

SHB 2860 - S COMM AMD

By Committee on Government Operations

                                               NOT ADOPTED 2/28/96

    Strike everything after the enacting clause and insert the following:

    "Sec. 1.  RCW 36.70A.060 and 1991 sp.s. c 32 s 21 are each amended to read as follows:

    (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 subsection may not prohibit uses legally existing on any parcel prior to their adoption and shall remain in effect until 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.  Counties and cities shall require that all plats, short plats, development permits, and building permits issued for development activities on, or within three hundred feet of, lands designated as agricultural lands, forest lands, or mineral resource lands, contain a notice that the subject property is within or near designated agricultural lands, forest lands, or mineral resource lands on which a variety of commercial activities may occur that are not compatible with residential development for certain periods of limited duration.

    (2) Each county and city shall adopt development regulations that protect critical areas that are required to be designated under RCW 36.70A.170.  For counties and cities that are required or choose to plan under RCW 36.70A.040, such development regulations shall be adopted on or before September 1, 1991.  For the remainder of the counties and cities, such development regulations shall be adopted on or before March 1, 1992.

    (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.

    (4) Forest land and agricultural land located within urban growth areas shall not be designated by a county or city as forest land or agricultural land of long-term commercial significance under RCW 36.70A.170 unless the city or county has enacted a program authorizing transfer or purchase of development rights.

(5) A jurisdiction planning under this chapter has the discretion to exempt certain utility activities from the regulations required under this section.  Examples of such utility activities include, but are not limited to, routine maintenance, repair, or replacement of existing utilities and relocation or extension of utility service in the improved portions of the public or private rights of way, and may include qualifying restrictions that address methods of minimizing harm to the critical area being impacted.  The proposed exemptions must be considered at a public hearing during the course of adoption or readoption of the regulations.

For the purposes of this subsection, "utilities" does not include any facility for the transmission or distribution of oil or refined oil products."

SHB 2860 - S COMM AMD

By Committee on Government Operations

    On page 1, line 1 of the title, after "utilities;" strike the remainder of the title and insert "and amending RCW 36.70A.060."

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