S-1025.1 _______________________________________________
SENATE BILL 5618
_______________________________________________
State of Washington 54th Legislature 1995 Regular Session
By Senators Snyder, Swecker, Rasmussen, Hochstatter, Hargrove and Sellar
Read first time 01/30/95. Referred to Committee on Government Operations.
AN ACT Relating to authorizing counties with a population of seventy-five thousand or less to remove themselves and their cities from growth management planning requirements; and amending RCW 36.70A.040.
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 has had its population
increase by more than ten 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)) 1995, 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, 1995.
(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
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 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 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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