BILL REQ. #:  H-3863.1 

Read first time 01/20/2004.   Referred to Committee on Local Government.

     AN ACT Relating to state agency review of development regulations; and amending RCW 36.70A.106.

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

Sec. 1   RCW 36.70A.106 and 1991 sp.s. c 32 s 8 are each amended to read as follows:
     (1)(a) Each county and city proposing adoption of a comprehensive plan or development regulations under this chapter shall notify the department of its intent to adopt such plan or regulations at least sixty days prior to final adoption. State agencies including the department may provide comments to the county or city on the proposed comprehensive plan, or proposed development regulations, during the public review process prior to adoption.
     (((2))) (b) Each county and city planning under this chapter shall transmit a complete and accurate copy of its comprehensive plan or development regulations to the department within ten days after final adoption.
     (((3))) (c) Any amendments for permanent changes to a comprehensive plan ((or development regulation)) that are proposed by a county or city to its adopted plan ((or regulations)) shall be submitted to the department in the same manner as initial plans ((and development regulations)) under this section. Any amendments to a comprehensive plan ((or development regulations)) that are adopted by a county or city shall be transmitted to the department in the same manner as the initial plans ((and regulations)) under this section.
     (2)(a) Except as provided by (b) of this subsection, each county and city proposing adoption of any amendments for permanent changes to a development regulation under this chapter shall notify the department of its intent to adopt such regulations at least thirty days prior to final adoption. State agencies including the department may provide comments to the county or city on the proposed development regulations during the public review process prior to adoption.
     (b) The following are exempt from the requirements of (a) of this subsection:
     (i) Ordinances governing wireless communication facilities;
     (ii) Sign codes;
     (iii) Ordinances related to the siting of adult entertainment establishments;
     (iv) Development regulations related to fences or accessory structures that do not alter the permitted underlying density;
     (v) Development regulations amendments to allowable height or bulk in a zone that do not alter the permitted underlying density;
     (vi) Development regulations related to landscaping requirements that are not related to critical areas or clearing and grading;
     (vii) Capital improvement programs or transportation programs adopted by reference; and
     (viii) Site specific rezones authorized by a comprehensive plan or subarea plan and defined as a "project permit" or "project permit application" by RCW 36.70B.020(4).
     (c) Any amendments to development regulations that are adopted by a county or city shall be transmitted to the department within ten days after final adoption.