S‑1873.1 _____________________________________________
SUBSTITUTE SENATE BILL 5378
_____________________________________________
State of Washington 57th Legislature 2001 Regular Session
By Senate Committee on Natural Resources, Parks & Shorelines (originally sponsored by Senators Jacobsen, Swecker and Spanel; by request of Governor Locke)
READ FIRST TIME 03/05/01.
_1 AN ACT Relating to amendments to shoreline master programs and
_2 critical areas; amending RCW 90.58.080 and 36.70A.130; and
_3 creating a new section.
_4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
_5 NEW SECTION. Sec. 1. The legislature finds that many factors
_6 impact the quality and availability of habitat for salmon in their
_7 various life stages. The legislature also finds that substantial
_8 portions of the shoreline management rules recently adopted by the
_9 department of ecology are intended to improve shoreline practices
10 that impact salmon. The legislature also finds that many state and
11 federal laws direct counties and cities to take action to protect
12 and improve salmon habitat.
13 The legislature recognizes that there are numerous regulations
14 requiring local governments to protect the environment, and salmon
15 in particular. The growth management act requires that county and
16 city development regulations include best available science when
17 designating and protecting critical areas, including fish and
18 wildlife areas, wetlands, and frequently flooded areas. The growth
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_1 management act also requires counties and cities to give special
_2 consideration to conservation and protection measures necessary to
_3 preserve or enhance anadromous fisheries. In addition, most
_4 counties and cities must comply with the federal clean water
_5 act. Many counties and cities must develop storm water management
_6 plans and must require those developing property to use best
_7 management practices to prevent storm water runoff. Counties and
_8 cities must also comply with the state environmental policy
_9 act. All counties and cities with threatened or endangered salmonid
10 species must avoid take through their development practices and
11 permitting activities, subject to enforcement by the federal
12 government or third-party lawsuits. Many counties and cities also
13 have in place flood hazard reduction programs, are engaged in
14 watershed planning, and are engaged in salmon recovery limiting
15 factors analysis.
16 It is the intent of this act to coordinate the planning process
17 of the growth management act, chapter 36.70A RCW, the critical
18 areas provision of the growth management act, RCW 36.70A.130, and
19 the shoreline management act, chapter 90.58 RCW. The planning
20 should be on the same schedule to fully integrate the statutory
21 requirements of each.
22 Sec. 2. RCW 90.58.080 and 1995 c 347 s 305 are each amended to
23 read as follows:
24 (1) Local governments shall develop or amend,
((within
25 twenty-four months after)) pursuant to the
adoption of guidelines
26 as provided in RCW 90.58.060, a master program for regulation of
27 uses of the shorelines of the state consistent with the required
28 elements of the guidelines adopted by the department.
29 (2) The department must consult with counties and cities and
30 develop a master program amendment schedule consistent with the
31 priority salmon recovery regions identified in the statewide
32 strategy to recover salmon and population growth data provided by
33 the office of financial management. Taking into account the amount
34 of funding provided by the legislature and the ability of the
35 department to timely review and approve the shoreline master
36 program amendments, the schedule may not require a county or city
37 to submit its amended master program to the department sooner than
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_1 thirty-six months or later than seventy-two months after that
_2 county or city has received the full amount of funding needed to
_3 amend its shoreline master program.
_4 (3) The department, upon the request of a local government,
_5 must grant an extension of no less than twelve months to the
_6 deadlines established by the department under subsection (2) of
_7 this section for amending the shoreline master program element of
_8 comprehensive plans.
_9 (4) Amendments to the guidelines adopted by the department
10 after January 1, 2000, do not apply to any:
11 (a) County or city with a shoreline master program and
12 comprehensive land use plan in place; and
13 (b) County, or city within a county, that has seventy-five
14 percent or more of its land base in preservation, natural resource
15 use, or open space. (i) "Preservation" means land that is set aside
16 for national parks, national wildlife refuges, state parks, local
17 parks, conservation easements, natural resource conservation
18 areas, open space, or any similar status; (ii) "natural resource
19 use" means national forest land, state forest land, and
20 agricultural, forest, and mineral resource lands designated under
21 RCW 36.70A.170; and (iii) "open space" has the same definition as
22 in RCW 84.34.020.
23 (5) Counties or cities that are not required to amend an
24 existing master program to conform to shoreline master program
25 guidelines adopted by the department after January 1, 2000, must
26 either maintain and enforce a master program subject to the
27 previous guidelines or voluntarily amend their master program
28 subject to the amended guidelines.
29 Sec. 3. RCW 36.70A.130 and 1997 c 429 s 10 are each amended to
30 read as follows:
31 (1) Except as provided in subsection (5) of this section, each
32 comprehensive land use plan and development regulations shall be
33 subject to continuing review and evaluation by the county or city
34 that adopted them. Not later than September 1, 2002, and at least
35 every five years thereafter, a county or city shall take action to
36 review and, if needed, revise its comprehensive land use plan and
37 development regulations to ensure that the plan and regulations
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_1 are complying with the requirements of this chapter. The review and
_2 evaluation required by this subsection may be combined with the
_3 review required by subsection (3) of this section.
_4 Any amendment or revision to a comprehensive land use plan
_5 shall conform to this chapter, and any change to development
_6 regulations shall be consistent with and implement the
_7 comprehensive plan.
_8 (2)(a) Each county and city shall establish and broadly
_9 disseminate to the public a public participation program
10 identifying procedures whereby proposed amendments or revisions of
11 the comprehensive plan are considered by the governing body of the
12 county or city no more frequently than once every year except that
13 amendments may be considered more frequently under the following
14 circumstances:
15 (i) The initial adoption of a subarea plan;
16 (ii) The adoption or amendment of a shoreline master program
17 under the procedures set forth in chapter 90.58 RCW; and
18 (iii) The amendment of the capital facilities element of a
19 comprehensive plan that occurs concurrently with the adoption or
20 amendment of a county or city budget.
21 (b) Except as otherwise provided in (a) of this subsection, all
22 proposals shall be considered by the governing body concurrently
23 so the cumulative effect of the various proposals can be
24 ascertained. However, after appropriate public participation a
25 county or city may adopt amendments or revisions to its
26 comprehensive plan that conform with this chapter whenever an
27 emergency exists or to resolve an appeal of a comprehensive plan
28 filed with a growth management hearings board or with the court.
29 (3) Each county that designates urban growth areas under RCW
30 36.70A.110 shall review, at least every ten years, its designated
31 urban growth area or areas, and the densities permitted within
32 both the incorporated and unincorporated portions of each urban
33 growth area. In conjunction with this review by the county, each
34 city located within an urban growth area shall review the
35 densities permitted within its boundaries, and the extent to which
36 the urban growth occurring within the county has located within
37 each city and the unincorporated portions of the urban growth
38 areas. The county comprehensive plan designating urban growth
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_1 areas, and the densities permitted in the urban growth areas by
_2 the comprehensive plans of the county and each city located within
_3 the urban growth areas, shall be revised to accommodate the urban
_4 growth projected to occur in the county for the succeeding twenty-
_5 year period. The review required by this subsection may be combined
_6 with the review and evaluation required by RCW 36.70A.215.
_7 (4) It is the intent of this section to coordinate the planning
_8 process of the growth management act, chapter 36.70A RCW, the
_9 critical areas provision of the growth management act under this
10 section, and the shoreline management act, chapter 90.58 RCW. The
11 planning should be on the same schedule to fully integrate the
12 statutory requirements of each.
13 (5) Revisions of critical areas must be completed according to
14 the following schedule:
15 (a) Not later than September 1, 2004, and every ten years
16 thereafter, for each county and city that is subject to the
17 requirements of RCW 36.70A.215;
18 (b) Not later than September 1, 2006, and every ten years
19 thereafter, for each county and city that adopted a comprehensive
20 plan between January 1, 1992, and January 1, 1997, unless it is
21 subject to the requirements of RCW 36.70A.215;
22 (c) Not later than September 1, 2008, and every ten years
23 thereafter, for all other counties and cities, except that if a
24 county or city becomes required or chooses to plan under RCW
25 36.70A.040 after July 1, 2001, it must take action to formally
26 review and, if needed, revise its comprehensive plan and
27 development regulations no later than ten years after the due
28 dates required for its initial adoption of a comprehensive plan
29 and development regulations or, if it is subject to the
30 requirements of RCW 36.70A.215, consistent with the schedule in
31 (a) of this subsection.
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