1624-S AMS MORT GUY 001

SHB 1624 - S AMD - 463

    By Senator Morton

                                                 WITHDRAWN 4/17/97

    Strike everything after the enacting clause and insert the following:

    "NEW SECTION. Sec. 1.  The legislature finds that it is the goal of the state of Washington to achieve no overall net loss of wetland functions.  Wetlands are recognized as providing public benefits related to flood control, groundwater recharge, water quality and wildlife habitat.  The legislature further finds that consideration should be given to the functions wetlands provide and to the needs of private property owners to assure that wetlands regulations both reflect the impact to wetland functions and allow for a reasonable use of property.

    Sec. 2.  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) In adopting critical areas development regulations, counties and cities shall provide a means to take into account the relative functions provided by an individual wetland and the relative significance of potential impact to wetland functions caused by a development proposal.

(6) The department of ecology shall provide technical assistance to counties and cities in the assessment of wetland functions upon request.  In addition, the department shall develop a method for assessing wetland functions that is based on the best available science and includes broad public involvement.

(7) A project permit shall not be denied on the ground of impact on a wetland unless there is an adverse impact upon the wetland function of the wetland.

(8) Development regulations adopted under RCW 36.70A.040 for the protection of wetlands shall provide a reasonable use exception.  A reasonable use exception is a tool to be used at the discretion of the permitting authority to address those cases in which the application of development regulations unreasonably and substantially restricts economic use of a parcel of land and the restriction cannot be remedied by other authorized techniques or conditions.  The relief granted by a reasonable use exception shall be the minimum necessary to permit the reasonable use of the parcel and to ensure that the interests promoted by the development regulations are not harmed. A reasonable use exception for a specific use of a parcel may be granted only under the following circumstances:

(a) The inability to derive reasonable economic use is not the result of the applicant's action;

(b) The use sought will pose no threat to the public safety and health; and

(c) There is no other reasonable use of the land that would have a lesser impact than the use for which the permit is sought."

SHB 1624 - S AMD - 463

     By Senator Morton

     On page 1, line 2 of the title, after "purposes;" strike the remainder of the title and insert "amending RCW 36.70A.060 and creating a new section."

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