BILL REQ. #:  S-0368.1 

Read first time 01/27/2005.   Referred to Committee on Government Operations & Elections.

     AN ACT Relating to critical area regulations; 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   A new section is added to chapter 36.70A RCW to read as follows:
     (1) The legislative body of a county or city planning under this chapter, before adopting or amending a development regulation that designates or protects a critical area with an area of greater than one hundred acres, shall publish notice of the development regulation at least once a week for two weeks in one or more newspapers of general circulation within the county or city.
     (2) Following adoption of a critical area development regulation with an area of greater than one hundred acres, the legislative body shall cause notice of the proposed effective date of the development regulation, together with a description of the critical area and the effect of the development regulation, to be published at least once each week for two weeks subsequent to passage of the development regulation, in one or more newspapers of general circulation within the county or city. Any development regulation adopted under this section shall take effect upon the date fixed in the development regulation, which date may not be fewer than forty-five days after adoption of the development regulation.
     (3) The critical area development regulation provided for in this section is subject to referendum for forty-five days after passage. Upon the filing of a timely and sufficient referendum petition with the legislative body of the county or city that adopted the development regulation, signed by registered voters in number equal to not less than fifteen percent of the votes cast in the last general state election in the county or city, the question of adoption of the critical area development regulation shall be submitted to the voters of the area in a general election if one is to be held within ninety days or at a special election called for that purpose not less than forty-five days nor more than ninety days after the filing of the referendum petition. Notice of the election shall be given and the election shall be conducted as provided in the general election law. The development regulation shall be deemed approved by the voters unless a majority of the votes cast on the proposition are in opposition thereto.
     After the expiration of the forty-fifth day from but excluding the date of passage of the development regulation, if no timely and sufficient referendum petition has been filed, the development regulation shall take effect upon the date fixed in the development regulation.
     (4) Costs for an election required under subsection (3) of this section shall be borne by the county or city adopting the development regulation.

NEW SECTION.  Sec. 2   Section 1 of this act applies to critical area development regulations adopted or amended on or after January 1, 2000, involving critical areas of greater than one hundred acres.