S 0740

S‑0740.4 _____________________________________________

SENATE BILL 5458

_____________________________________________

State of Washington 57th Legislature 2001 Regular Session

By Senators Jacobsen, Oke, Snyder, Hargrove, Hale, Morton and Parlette

Read first time 01/23/2001. Referred to Committee on Natural Resources, Parks & Shorelines.

_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 twenty-~~

25 ~~four months after~~)) pursuant to the adoption of guidelines as

26 provided in RCW 90.58.060, a master program for regulation of uses

27 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.

‑‑‑ END ‑‑‑

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