H-3761.1 _______________________________________________
HOUSE BILL 2370
_______________________________________________
State of Washington 54th Legislature 1996 Regular Session
By Representatives Honeyford, Grant, Buck, Koster, D. Schmidt, Smith, Sheldon, Clements, Johnson, Benton, Skinner, Fuhrman, Basich, Sherstad, Hargrove, Boldt, Campbell, McMorris, Pennington, Thompson, Mulliken and McMahan
Read first time 01/10/96. Referred to Committee on Government Operations.
AN ACT Relating to authorizing counties to remove themselves from the planning requirements of the growth management act; and amending RCW 36.70A.040.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 36.70A.040 and 1995 c 400 s 1 are each amended to read as follows:
(1)
Each county that has both a population of fifty thousand or more and, until May
16, 1995, has had its population increase by more than ten percent in the
previous ten years or, on or after May 16, 1995, has had its population
increase by more than seventeen percent in the previous ten years, and the
cities located within such county, and any other county regardless of its
population that has had its population increase by more than twenty percent in
the previous ten years, and the cities located within such county, shall ((conform
with all of the requirements of this chapter)) plan under this section.
However, the county legislative authority of such a county with a population of
less than ((fifty)) seventy-five thousand population may adopt a
resolution removing the county, and the cities located within the county, from
the requirement((s of adopting comprehensive land use plans and development
regulations under this chapter)) to plan under this section if this
resolution is adopted and filed with the department by December 31, ((1990,
for counties initially meeting this set of criteria)) 1996, or
within sixty days of the date the office of financial management certifies that
a county meets this set of criteria under subsection (5) of this section.
Once a
county meets either of these sets of criteria and the county has not
followed this procedure to remove itself from the requirement to plan under
this section, the requirement to ((conform with all of the requirements
of this chapter)) plan under this section remains in effect, even if
the county no longer meets one of these sets of criteria.
(2)
The county legislative authority of any county that does not ((meet either
of the sets of criteria established)) plan under ((subsection (1)
of)) this section may adopt a resolution indicating its intention ((to
have subsection (1) of this section apply to)) that the county plan
under this section. Each city((,)) located in a county that ((chooses
to plan)) adopts a resolution under this subsection((,))
shall ((conform with all of the requirements of this chapter)) plan
under this section. Once such a resolution has been adopted, the county
and the cities located within the county remain subject to all of the
requirements of this ((chapter)) section. However, a county with a
population of seventy-five thousand or less that, before the effective date of
this act, adopted a resolution of intention under this subsection to plan under
this section may adopt a resolution removing the county, and the cities located
within the county, from the requirement to plan under this section if the
resolution is adopted and filed with the department by December 31, 1996.
(3)
Any county or city that is initially required to ((conform with all of the
requirements of this chapter)) plan under this section by
subsection (1) of this section, and, where applicable, the county
legislative authority has not adopted a resolution removing the county from
these requirements as provided in subsection (1) of this section, shall
take actions under this chapter as follows: (a) The county legislative
authority shall adopt a county-wide planning policy under RCW 36.70A.210; (b)
the county and each city located within the county shall designate critical
areas, agricultural lands, forest lands, and mineral resource lands, and adopt
development regulations conserving these designated agricultural lands, forest
lands, and mineral resource lands and protecting these designated critical
areas, under RCW 36.70A.170 and 36.70A.060; (c) the county shall designate and
take other actions related to urban growth areas under RCW 36.70A.110; (d) if the
county has a population of fifty thousand or more, the county and each city
located within the county shall adopt a comprehensive plan under this chapter
and development regulations that are consistent with and implement the
comprehensive plan on or before July 1, 1994, and if the county has a
population of less than fifty thousand, the county and each city located within
the county shall adopt a comprehensive plan under this chapter and development
regulations that are consistent with and implement the comprehensive plan by
January 1, 1995, but if the governor makes written findings that a county with
a population of less than fifty thousand or a city located within such a county
is not making reasonable progress toward adopting a comprehensive plan and development
regulations the governor may reduce this deadline for such actions to be taken
by no more than one hundred eighty days. Any county or city subject to this
subsection may obtain an additional six months before it is required to have
adopted its development regulations by submitting a letter notifying the
department ((of community, trade, and economic development)) of its need
prior to the deadline for adopting both a comprehensive plan and development
regulations.
(4)
Any county or city that is required to ((conform with all the requirements
of this chapter)) plan under this section, as a result of the county
legislative authority adopting its resolution of intention under subsection (2)
of this section, and, where applicable, the county legislative authority has
not adopted a resolution removing the county from these requirements as
provided in subsection (2) of this section, shall take actions under this
chapter as follows: (a) The county legislative authority shall adopt a
county-wide planning policy under RCW 36.70A.210; (b) the county and each city
that is located within the county shall adopt development regulations
conserving agricultural lands, forest lands, and mineral resource lands it
designated under RCW 36.70A.060 within one year of the date the county
legislative authority adopts its resolution of intention; (c) the county shall
designate and take other actions related to urban growth areas under RCW
36.70A.110; and (d) the county and each city that is located within the county
shall adopt a comprehensive plan and development regulations that are
consistent with and implement the comprehensive plan not later than four years
from the date the county legislative authority adopts its resolution of
intention, but a county or city may obtain an additional six months before it
is required to have adopted its development regulations by submitting a letter
notifying the department ((of community, trade, and economic development))
of its need prior to the deadline for adopting both a comprehensive plan and
development regulations.
(5) If
the office of financial management certifies that the population of a county
that ((previously had not been required to)) does not plan under
((subsection (1) or (2) of)) this section has changed sufficiently to
meet either of the sets of criteria specified under subsection (1) of this
section, and where applicable, the county legislative authority has not adopted
a resolution removing the county from these requirements as provided in
subsection (1) of this section, the county and each city within such county
shall take actions under this chapter as follows: (a) The county legislative
authority shall adopt a county-wide planning policy under RCW 36.70A.210; (b)
the county and each city located within the county shall adopt development
regulations under RCW 36.70A.060 conserving agricultural lands, forest lands,
and mineral resource lands it designated within one year of the certification
by the office of financial management; (c) the county shall designate and take
other actions related to urban growth areas under RCW 36.70A.110; and (d) the
county and each city located within the county shall adopt a comprehensive land
use plan and development regulations that are consistent with and implement the
comprehensive plan within four years of the certification by the office of
financial management, but a county or city may obtain an additional six months
before it is required to have adopted its development regulations by submitting
a letter notifying the department ((of community, trade, and economic
development)) of its need prior to the deadline for adopting both a
comprehensive plan and development regulations.
(6) A copy of each document that is required under this section shall be submitted to the department at the time of its adoption.
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