H-1085.1  _______________________________________________

 

                          HOUSE BILL 1588

          _______________________________________________

 

State of Washington      57th Legislature     2001 Regular Session

 

By Representatives Mielke, Mulliken, Dunshee, Hatfield, Armstrong, Sump, Clements, Schindler, Ahern, Cox, Ericksen, Pennington, Buck, McMorris, Doumit, Grant, Pearson, Kirby, Delvin, Boldt, Dunn and Lisk

 

Read first time 01/30/2001.  Referred to Committee on Local Government & Housing.

Establishing a schedule for review of comprehensive plans and development regulations adopted under the growth management act.


    AN ACT Relating to establishing a schedule for review of comprehensive plans and development regulations adopted under the growth management act; amending RCW 36.70A.130; and creating a new section.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

    Sec. 1.  RCW 36.70A.130 and 1997 c 429 s 10 are each amended to read as follows:

    (1) Each comprehensive land use plan and development regulations shall be subject to continuing review and evaluation by the county or city that adopted them.  Not later than September 1, 2002, and at least every five years thereafter, a county or city shall take action to formally review and, if needed, revise its policies and regulations regarding critical areas and natural resource lands to ensure that these policies and regulations comply with this chapter.

    (2) A county or city planning under RCW 36.70A.040 shall take action to formally review and, if needed, revise its comprehensive land use plan and development regulations according to the following schedule to ensure that the plan and regulations ((are complying)) comply with the requirements of this chapter:

    (a) Not later than September 1, 2004, and every five years thereafter, for a county or city subject to the requirements of RCW 36.70A.215;

    (b) Not later than September 1, 2006, and every ten years thereafter, for a county or city not subject to the requirements of RCW 36.70A.215 that adopted its comprehensive plan according to this chapter between January 1, 1992, and January 1, 1997; and

    (c) Not later than September 1, 2008, and every ten years thereafter, for a county or city not subject to the requirements of RCW 36.70A.215 that adopted its comprehensive plan according to this chapter after January 1, 1997.

    (3) A county or city that becomes required or chooses to plan under RCW 36.70A.040 after July 1, 2001, shall take action to formally review and, if needed, revise its comprehensive plan and development regulations no later than:

    (a) According to the schedule in subsection (2)(a) of this section for a county or city subject to the requirements of RCW 36.70A.215; or

    (b) Ten years after the date it was required to adopt its initial comprehensive plan and development regulations according to this chapter for a county or city not subject to RCW 36.70A.215 and every ten years thereafter.

    (4) The formal review and evaluation required by ((this)) subsection (2) of this section may be combined with the review required by subsection (((3))) (8) of this section.

    (5) Any amendment or revision to a comprehensive land use plan shall conform to this chapter, and any change to development regulations shall be consistent with and implement the comprehensive plan.

    (((2))) (6) For purposes of this section, "take action to review" includes the submittal by a county or city of an evaluation to the department, no later than one year before the date specified for the county or city in the schedule specified in subsection (2) of this section, describing its review and evaluation process and a schedule for considering amendments as needed to ensure compliance with this chapter.

    (7)(a) Each county and city shall establish and broadly disseminate to the public a public participation program identifying procedures whereby proposed amendments or revisions of the comprehensive plan are considered by the governing body of the county or city no more frequently than once every year except that amendments may be considered more frequently under the following circumstances:

    (i) The initial adoption of a subarea plan;

    (ii) The adoption or amendment of a shoreline master program under the procedures set forth in chapter 90.58 RCW; and

    (iii) The amendment of the capital facilities element of a comprehensive plan that occurs concurrently with the adoption or amendment of a county or city budget.

    (b) Except as otherwise provided in (a) of this subsection, all proposals shall be considered by the governing body concurrently so the cumulative effect of the various proposals can be ascertained.  However, after appropriate public participation a county or city may adopt amendments or revisions to its comprehensive plan that conform with this chapter whenever an emergency exists or to resolve an appeal of a comprehensive plan filed with a growth management hearings board or with the court.

    (((3))) (8) Each county that designates urban growth areas under RCW 36.70A.110 shall review, at least every ten years, its designated urban growth area or areas, and the densities permitted within both the incorporated and unincorporated portions of each urban growth area.  In conjunction with this review by the county, each city located within an urban growth area shall review the densities permitted within its boundaries, and the extent to which the urban growth occurring within the county has located within each city and the unincorporated portions of the urban growth areas.  The county comprehensive plan designating urban growth areas, and the densities permitted in the urban growth areas by the comprehensive plans of the county and each city located within the urban growth areas, shall be revised to accommodate the urban growth projected to occur in the county for the succeeding twenty-year period.  The review required by this subsection may be combined with the review and evaluation required by RCW 36.70A.215.

 

    NEW SECTION.  Sec. 2.  A county or city shall not be obligated to satisfy the requirements of section 1 of this act if the county or city has not received specific funding to satisfy the requirements of section 1 of this act during the biennium corresponding to the schedules specified in section 1 (1), (2), and (3) of this act.

 


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