BILL REQ. #:  S-4589.2 

READ FIRST TIME 02/09/04.   

     AN ACT Relating to encroachment of incompatible land uses around military installations; adding a new section to chapter 36.70A RCW; and creating a new section.

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

NEW SECTION.  Sec. 1   The United States military is a vital component of the Washington state economy. The protection of military installations from incompatible development of land is essential to the health of Washington's economy and quality of life. Incompatible development of land close to a military installation reduces the ability of the military to complete its mission or to undertake new missions, and increases its cost of operating. The department of defense evaluates continued utilization of military installations based upon their operating costs, their ability to carry out missions, and their ability to undertake new missions.

NEW SECTION.  Sec. 2   A new section is added to chapter 36.70A RCW to read as follows:
     (1) Military installations are of particular importance to the economic health of the state of Washington and it is a priority of the state to protect the land surrounding our military installations from encroachment.
     (2) Each county and city planning under RCW 36.70A.040 that has a federal military installation, other than a reserve center, that employs one hundred or more personnel and is operated by the United States department of defense within or adjacent to its border shall, in consultation with the commander of the military installation, adopt strategies in its comprehensive plan to identify lands adjacent to military installations, and adopt policies to ensure that those lands are protected from encroachment.
     (3) The city or county shall also request from the commander of the military installation a written recommendation and supporting facts relating to the use of land being considered in the adoption of a comprehensive plan or an amendment to a plan. If the commander does not submit a response to such request, the local government may presume that implementation of the proposed plan or amendment will not have any adverse effect on the operation of the installation.
     (4) The process of developing the strategies and policies required by subsection (2) of this section may, at the request of the department of defense, include a joint land use study. When the request of the department of defense is accompanied by a commitment to fund all or a substantial part of the study, a joint land use study shall be conducted. A city or county must notify the department of defense of its intention to plan under RCW 36.70A.040 and request a written notification whether the department of defense will request a joint land use study be conducted. If the department of defense does not submit a response to such request, the local government may presume that consultation with the commander of the military installation or installations is sufficient. The city or county shall incorporate all jointly approved findings of that study into its plans to protect military installations from encroachment.
     (5) It is the intent of the legislature that strategies and policies adopted under this section shall be adopted and amended concurrent with the scheduled update provided in RCW 36.70A.130, except that counties and cities identified in RCW 36.70A.130(4)(a) shall comply with this section on or before December 1, 2005. The joint land use study required under subsection (4) of this section shall be updated as part of each scheduled update provided in RCW 36.70A.130.
     (6) For the purposes of this section:
     (a) "Encroachment" means a pattern of development in the vicinity of a military installation that is incompatible with the installation's ability to carry out its mission requirements.
     (b) "Joint land use study" means an analytical planning study of civilian development patterns and land use activities in the vicinity of a military installation, conducted by a city or county with the cooperation of a military installation, that result in recommendations for instituting compatible civilian land use activities and development patterns that protect and preserve the utility and operational effectiveness of the military installation.