AN ACT
Relating to growth management; amending RCW 36.70A.040, 36.70A.110, and
36.70A.070; adding a new section to chapter 36.70A RCW; creating a new section;
and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
Sec.
1. RCW
36.70A.040 and 1993 sp.s. c 6 s 1 are each amended to read as follows:
(1)
Each county that has both a population of fifty thousand or more and, until
the effective date of this section, has had its population increase by more
than ten percent in the previous ten years or, on or after the effective
date of this section, 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. However, the county legislative authority of
such a county with a population of less than fifty thousand population may
adopt a resolution removing the county, and the cities located within the
county, from the requirements of adopting comprehensive land use plans and
development regulations under this chapter if this resolution is adopted and
filed with the department by December 31, 1990, for counties initially meeting
this set of criteria, 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, the requirement to conform with
all of the requirements of this chapter 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 under subsection (1) of this section may adopt a
resolution indicating its intention to have subsection (1) of this section
apply to the county. Each city, located in a county that chooses to plan under
this subsection, shall conform with all of the requirements of this chapter.
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.
(3)
Any county or city that is initially required to conform with all of the
requirements of this chapter under 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, as a result of the county legislative authority adopting its
resolution of intention under 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 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.
Sec.
2. RCW
36.70A.110 and 1994 c 249 s 27 are each amended to read as follows:
(1)
Each county that is required or chooses to plan under RCW 36.70A.040 shall
designate an urban growth area or areas within which urban growth shall be
encouraged and outside of which growth can occur only if it is not urban in
nature. Each city that is located in such a county shall be included within an
urban growth area. An urban growth area may include more than a single city.
An urban growth area may include territory that is located outside of a city
only if such territory already is characterized by urban growth whether or
not the urban growth area includes a city, or is adjacent to territory
already characterized by urban growth, or is a designated new fully
contained community as defined by RCW 36.70A.350.
(2)
Based upon the ((population)) growth management ((planning))
population projection made for the county by the office of financial
management, the urban growth areas in the county shall include areas and
densities sufficient to permit the urban growth that is projected to occur in
the county for the succeeding twenty-year period. Each urban growth area shall
permit urban densities and shall include greenbelt and open space areas. An
urban growth area determination may include a reasonable land market supply
factor and shall permit a range of urban densities and uses. In determining
this market factor, cities and counties may consider local circumstances.
Cities and counties have discretion in their comprehensive plans to make many
choices about accommodating growth.
Within
one year of July 1, 1990, each county that as of June 1, 1991, was required or
chose to plan under RCW 36.70A.040, shall begin consulting with each city
located within its boundaries and each city shall propose the location of an
urban growth area. Within sixty days of the date the county legislative
authority of a county adopts its resolution of intention or of certification by
the office of financial management, all other counties that are required or
choose to plan under RCW 36.70A.040 shall begin this consultation with each
city located within its boundaries. The county shall attempt to reach
agreement with each city on the location of an urban growth area within which
the city is located. If such an agreement is not reached with each city
located within the urban growth area, the county shall justify in writing why
it so designated the area an urban growth area. A city may object formally
with the department over the designation of the urban growth area within which
it is located. Where appropriate, the department shall attempt to resolve the
conflicts, including the use of mediation services.
(3)
Urban growth should be located first in areas already characterized by urban
growth that have adequate existing public facility and service
capacities to serve such development, ((and)) second in areas already
characterized by urban growth that will be served adequately by a
combination of both existing public facilities and services and any additional
needed public facilities and services that are provided by either public or
private sources, and third in the remaining portions of the urban growth
areas. Urban growth may also be located in designated new fully contained
communities as defined by RCW 36.70A.350. ((Further, it is))
(4)
In general, cities are the units of local government most appropriate ((that))
to provide urban ((government)) governmental services ((be
provided by cities, and)). In general, it is not appropriate that
urban ((government)) governmental services ((should not))
be ((provided)) extended to or expanded in rural areas except
in those limited circumstances shown to be necessary to protect basic public
health and safety and the environment and when such services are financially
supportable at rural densities and do not permit urban development.
(((4)))
(5) On or before October 1, 1993, each county that was initially
required to plan under RCW 36.70A.040(1) shall adopt development regulations
designating interim urban growth areas under this chapter. Within three years
and three months of the date the county legislative authority of a county
adopts its resolution of intention or of certification by the office of
financial management, all other counties that are required or choose to plan
under RCW 36.70A.040 shall adopt development regulations designating interim
urban growth areas under this chapter. Adoption of the interim urban growth
areas may only occur after public notice; public hearing; and compliance with
the state environmental policy act, chapter 43.21C RCW, and RCW 36.70A.110.
Such action may be appealed to the appropriate growth management hearings board
under RCW 36.70A.280. Final urban growth areas shall be adopted at the time of
comprehensive plan adoption under this chapter.
(((5)))
(6) Each county shall include designations of urban growth areas in its
comprehensive plan.
Sec.
3. RCW
36.70A.070 and 1990 1st ex.s. c 17 s 7 are each amended to read as follows:
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
include population densities, building intensities, and estimates of future
population growth. The land use element shall provide for protection of the
quality and quantity of ground water used for public water supplies. 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;
(c) identifies sufficient land for 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) makes adequate provisions for existing and projected needs of all economic
segments of the community.
(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 appropriate land uses that are compatible with the rural
character of such lands and provide for a variety of rural densities and
uses and may also provide for clustering, density transfer, design guidelines,
conservation easements, and other innovative techniques that will accommodate
appropriate rural uses not characterized by 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;
(c)
Finance, including:
(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.
NEW
SECTION. Sec. 4. A
comprehensive plan adopted or amended before the effective date of this act
shall be considered to be in compliance with RCW 36.70A.070 or 36.70A.110, as
in effect before their amendment by this act, if the comprehensive plan is in
compliance with RCW 36.70A.070 and 36.70A.110 as amended by this act. This
section shall not be construed to alter the relationship between a county-wide
planning policy and comprehensive plans as specified under RCW 36.70A.210.
As to
any appeal relating to compliance with RCW 36.70A.070 or 36.70A.110 pending
before a growth management hearings board on the effective date of this act,
the board may take up to an additional ninety days to resolve such appeal. By
mutual agreement of all parties to the appeal, this additional ninety-day
period may be extended.
NEW
SECTION. Sec. 5. A new
section is added to chapter 36.70A RCW to read as follows:
Where
the county has classified mineral lands pursuant to RCW 36.70A.050 and mineral
resource lands of long-term commercial significance exist, a county, city, or
town shall designate sufficient mineral resource lands in the comprehensive
plans to meet the projected twenty-year, county-wide need. Once designated,
mineral resource uses, including operations as defined in RCW 78.44.031, shall
be established as an allowed use in local development regulations.
The
county, city, or town shall designate mineral resource deposits, both active
and inactive, in economically viable proximity to locations where the deposits
are likely to be used.
Through
its comprehensive plan and development regulations, as defined in RCW
36.70A.030, the county, city, or town shall discourage the siting of
incompatible uses adjacent to mineral resource industries, deposits, and holdings.
The
county-wide need and proximity provisions of this section do not apply to
metals mining and milling operations as defined in RCW 78.56.020.
For
the purposes of this section, "long-term commercial significance"
includes the mineral composition of the land for long-term economically viable
commercial production, in consideration with the mineral resource land's
proximity to population areas, product markets, and the possibility of more
intense uses of the land.
NEW SECTION. Sec. 6. This act
is necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public
institutions, and shall take effect immediately.
