BILL REQ. #:  H-2028.1 

READ FIRST TIME 02/23/05.   

     AN ACT Relating to critical area regulations under the growth management act for tsunami resistant structures; and amending RCW 36.70A.050.

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

Sec. 1   RCW 36.70A.050 and 1990 1st ex.s. c 17 s 5 are each amended to read as follows:
     (1) Subject to the definitions provided in RCW 36.70A.030, the department shall adopt guidelines, under chapter 34.05 RCW, no later than September 1, 1990, to guide the classification of: (a) Agricultural lands; (b) forest lands; (c) mineral resource lands; and (d) critical areas. The department shall consult with the department of agriculture regarding guidelines for agricultural lands, the department of natural resources regarding forest lands and mineral resource lands, and the department of ecology regarding critical areas.
     (2) In carrying out its duties under this section, the department shall consult with interested parties, including but not limited to: (a) Representatives of cities; (b) representatives of counties; (c) representatives of developers; (d) representatives of builders; (e) representatives of owners of agricultural lands, forest lands, and mining lands; (f) representatives of local economic development officials; (g) representatives of environmental organizations; (h) representatives of special districts; (i) representatives of the governor's office and federal and state agencies; and (j) representatives of Indian tribes. In addition to the consultation required under this subsection, the department shall conduct public hearings in the various regions of the state. The department shall consider the public input obtained at such public hearings when adopting the guidelines.
     (3) The guidelines under subsection (1) of this section shall be minimum guidelines that apply to all jurisdictions, but also shall allow for regional differences that exist in Washington state. The intent of these guidelines is to assist counties and cities in designating the classification of agricultural lands, forest lands, mineral resource lands, and critical areas under RCW 36.70A.170.
     (4) The guidelines established by the department under this section regarding classification of forest lands shall not be inconsistent with guidelines adopted by the department of natural resources.
     (5) The guidelines established by the department under this section regarding classification of critical areas shall accommodate tsunami resistant structures built in geologically hazardous areas. For the purposes of this subsection, "tsunami resistant structure" means a structure that:
     (a) Is included as a hazard mitigation measure in an adopted comprehensive hazard mitigation plan approved by the department of ecology or the United States federal emergency management agency;
     (b) Meets construction standards adopted by a local government pursuant to guidelines issued by the national oceanic and atmospheric administration under the national tsunami hazard mitigation program;
     (c) Is designed for the primary purpose of providing emergency shelter to the residents of the local government in the event of a tsunami;
     (d) Is not suitable for long-term residential habitation; and
     (e) May be used as a training site for emergency responders.