AN
ACT Relating to allowing rural counties to remove themselves and their cities
from the planning requirements of the growth management act; amending RCW
36.70A.040; adding a new section to chapter 36.70A RCW; and declaring an
emergency.
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:
(a)
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)) beginning May 16, 1995, through June 30,
1998, has had its population increase by more than seventeen percent in the
previous ten years((,)); or
(b)
On or after July 1, 1998, has both a population of sixty thousand or more and
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 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)) 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, 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)) 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 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,
unless the county removes itself, and the cities located within the county,
from the requirement to plan under this section under the procedures in
subsection (7) of this section.
(3)
Any county or city that is initially required to ((conform with all of the
requirements of this chapter)) plan 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)) plan under this section, as a result of the county
legislative authority adopting its resolution of intention under subsection (2)
of this section, and the county has not removed itself, and the cities
located within the county, from the requirement to plan under this section
under the procedures in subsection (7) 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.
(7)
The county legislative authority of any county with a population of less than
fifty thousand that is required to plan by reason of adopting a resolution
under subsection (2) of this section, and any county with a population of less
than fifty thousand that at any time has had the authority to remove itself
from the requirements of this chapter by adoption of a resolution under
subsection (1) of this section, may remove the county and the cities located
within the county from the requirement to plan under this section under the
procedures in this subsection.
(a)
By December 31, 1998, the county legislative authority, by majority vote, may
adopt a resolution stating its intent to remove the county, and the cities
located within the county, from the requirement to plan under this section and
submit the resolution to the cities located within the county.
(b)
If the county has two or more cities, the county and the cities located within
the county are no longer subject to the requirement to plan:
(i)
If within sixty days of submission of the resolution of intent, a majority of
the cities adopt resolutions concurring in the resolution of the county; or
(ii)
If the cities do not concur within sixty days under (b)(i) of this subsection,
if a resolution removing the county and the cities located within the county
from the requirement to plan under this section is submitted to and approved by
a majority of the registered voters in the county at the next general election.
(c)
If the county has one city, the county and the city located within the county
are no longer subject to the requirement to plan:
(i)
If within sixty days of submission of the resolution of intent, the city adopts
a resolution concurring in the resolution of the county; or
(ii)
If the city does not concur within sixty days under (c)(i) of this subsection,
if a resolution removing the county and the city located within the county from
the requirement to plan under this section is submitted to and approved by a
majority of the registered voters in the county at the next general election.
(d)
A county, and the cities located within the county, that are no longer required
to plan under this section remain subject to the requirements for the
designation and protection of critical areas and the designation of natural
resource lands under RCW 36.70A.060(2), 36.70A.170, and 36.70A.172.
NEW
SECTION. Sec. 2. A
new section is added to chapter 36.70A RCW to read as follows:
If
a resolution is adopted or approved under RCW 36.70A.040(7) removing the county
and the cities located within the county from the requirement to plan under
this chapter, any claim pending before a board or court that relates to the
requirement to plan under this chapter is moot and the claim shall be
dismissed.
NEW SECTION. Sec. 3. 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 takes effect immediately.
