CERTIFICATION OF ENROLLMENT
SUBSTITUTE SENATE BILL 5841
2002 Regular Session
Passed by the Senate March 12, 2002
YEAS 38 NAYS 7
President of the Senate
Passed by the House March 6, 2002
YEAS 92 NAYS 0
I, Tony M. Cook, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SUBSTITUTE SENATE BILL 5841 as passed by the Senate and the House of Representatives on the dates hereon set forth.
Speaker of the
House of Representatives
Governor of the State of Washington
Secretary of State
State of Washington
SUBSTITUTE SENATE BILL 5841
AS AMENDED BY THE HOUSE
Passed Legislature - 2002 Regular Session
State of Washington 57th Legislature 2001 Second Special Session
By Senate Committee on State & Local Government (originally sponsored by Senators Patterson, McCaslin, Gardner, Sheahan, T. Sheldon, Deccio, Haugen, Winsley and Hochstatter)
READ FIRST TIME 06/20/2001.
AN ACT Relating to establishing a schedule for review of comprehensive plans and development regulations adopted under the growth management act; and amending RCW 36.70A.130.
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:
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 legislative action
to review and, if needed, revise its comprehensive land use plan and
development regulations to ensure (( that)) the plan and regulations (( are
complying)) comply with the requirements of this chapter according
to the time periods specified in subsection (4) of this section. A county or
city not planning under RCW 36.70A.040 shall take action to review and, if
needed, revise its policies and development regulations regarding critical
areas and natural resource lands adopted according to this chapter to ensure
these policies and regulations comply with the requirements of this chapter
according to the time periods specified in subsection (4) of this section.
Legislative action means the adoption of a resolution or ordinance following
notice and a public hearing indicating at a minimum, a finding that a review
and evaluation has occurred and identifying the revisions made, or that a
revision was not needed and the reasons therefore. The review and
evaluation required by this subsection may be combined with the review required
by subsection (3) of this section. The review and evaluation required by
this subsection shall include, but is not limited to, consideration of critical
area ordinances and, if planning under RCW 36.70A.040, an analysis of the
population allocated to a city or county from the most recent ten-year
population forecast by the office of financial management.
Any amendment of or revision to a comprehensive land use plan shall
conform to this chapter((
, and)). Any (( change)) amendment
of or revision to development regulations shall be consistent with and
implement the comprehensive plan.
Each county and city shall establish and broadly disseminate to the public a
public participation program ((
identifying)) consistent with RCW
36.70A.035 and 36.70A.140 that identifies procedures and schedules
whereby updates, 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)).
"Updates" means to review and revise, if needed, according to
subsection (1) of this section, and the time periods specified in subsection
(4) of this section. Amendments may be considered more frequently than
once per year under the following circumstances:
(i) The initial adoption of a subarea plan that does not modify the comprehensive plan policies and designations applicable to the subarea;
(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) 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.
(4) The department shall establish a schedule for counties and cities to take action to review and, if needed, revise their comprehensive plans and development regulations to ensure the plan and regulations comply with the requirements of this chapter. The schedule established by the department shall provide for the reviews and evaluations to be completed as follows:
(a) On or before December 1, 2004, and every seven years thereafter, for Clallam, Clark, Jefferson, King, Kitsap, Pierce, Snohomish, Thurston, and Whatcom counties and the cities within those counties;
(b) On or before December 1, 2005, and every seven years thereafter, for Cowlitz, Island, Lewis, Mason, San Juan, Skagit, and Skamania counties and the cities within those counties;
(c) On or before December 1, 2006, and every seven years thereafter, for Benton, Chelan, Douglas, Grant, Kittitas, Spokane, and Yakima counties and the cities within those counties; and
(d) On or before December 1, 2007, and every seven years thereafter, for Adams, Asotin, Columbia, Ferry, Franklin, Garfield, Grays Harbor, Klickitat, Lincoln, Okanogan, Pacific, Pend Oreille, Stevens, Wahkiakum, Walla Walla, and Whitman counties and the cities within those counties.
(5)(a) Nothing in this section precludes a county or city from conducting the review and evaluation required by this section before the time limits established in subsection (4) of this section. Counties and cities may begin this process early and may be eligible for grants from the department, subject to available funding, if they elect to do so.
(b) State agencies are encouraged to provide technical assistance to the counties and cities in the review of critical area ordinances, comprehensive plans, and development regulations.
(6) A county or city subject to the time periods in subsection (4)(a) of this section that, pursuant to an ordinance adopted by the county or city establishing a schedule for periodic review of its comprehensive plan and development regulations, has conducted a review and evaluation of its comprehensive plan and development regulations and, on or after January 1, 2001, has taken action in response to that review and evaluation shall be deemed to have conducted the first review required by subsection (4)(a) of this section. Subsequent review and evaluation by the county or city of its comprehensive plan and development regulations shall be conducted in accordance with the time periods established under subsection (4)(a) of this section.
(7) The requirements imposed on counties and cities under this section shall be considered "requirements of this chapter" under the terms of RCW 36.70A.040(1). Only those counties and cities in compliance with the schedules in this section shall have the requisite authority to receive grants, loans, pledges, or financial guarantees from those accounts established in RCW 43.155.050 and 70.146.030. Only those counties and cities in compliance with the schedules in this section shall receive preference for grants or loans subject to the provisions of RCW 43.17.250.
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