ESHB 1727 -
By Senator Fairley
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 36.70A.070 and 2005 c 360 s 2 are each amended to
read as follows:
The comprehensive plan of a county or city that is required or
chooses to plan under RCW 36.70A.040 shall consist of a map or maps,
and descriptive text covering objectives, principles, and standards
used to develop the comprehensive plan. The plan shall be an
internally consistent document and all elements shall be consistent
with the future land use map. A comprehensive plan shall be adopted
and amended with public participation as provided in RCW 36.70A.140.
Each comprehensive plan shall include a plan, scheme, or design for
each of the following:
(1) A land use element designating the proposed general
distribution and general location and extent of the uses of land, where
appropriate, for agriculture, timber production, housing, commerce,
industry, recreation, open spaces, general aviation airports, public
utilities, public facilities, and other land uses. The land use
element shall include population densities, building intensities, and
estimates of future population growth. The land use element shall
designate, as appropriate, a sufficient quantity of land needed for
residential, commercial, and industrial uses. The land use element
shall provide for protection of the quality and quantity of ground
water used for public water supplies. Wherever possible, the land use
element should consider utilizing urban planning approaches that
promote physical activity. Where applicable, the land use element
shall review drainage, flooding, and storm water run-off in the area
and nearby jurisdictions and provide guidance for corrective actions to
mitigate or cleanse those discharges that pollute waters of the state,
including Puget Sound or waters entering Puget Sound.
(2) A housing element ensuring the vitality and character of
established residential neighborhoods that: (a) Includes an inventory
and analysis of existing and projected housing needs that identifies
the number of housing units necessary to ((manage)) accommodate
projected growth; (b) includes a statement of goals, policies,
objectives, and mandatory provisions for the preservation, improvement,
and development of housing, including single-family residences; (c)
identifies a sufficient quantity of land suitable for meeting the
existing and projected housing needs identified in (a) of this
subsection, including, but not limited to, government-assisted housing,
housing for low-income families, manufactured housing, multifamily
housing, and group homes and foster care facilities; and (d) makes
adequate provisions for existing and projected needs of all economic
segments of the community.
(3) A capital facilities plan element consisting of: (a) An
inventory of existing capital facilities owned by public entities,
showing the locations and capacities of the capital facilities; (b) a
forecast of the future needs for such capital facilities; (c) the
proposed locations and capacities of expanded or new capital
facilities; (d) at least a six-year plan that will finance such capital
facilities within projected funding capacities and clearly identifies
sources of public money for such purposes; and (e) a requirement to
reassess the land use element if probable funding falls short of
meeting existing needs and to ensure that the land use element, capital
facilities plan element, and financing plan within the capital
facilities plan element are coordinated and consistent. Park and
recreation facilities shall be included in the capital facilities plan
element.
(4) A utilities element consisting of the general location,
proposed location, and capacity of all existing and proposed utilities,
including, but not limited to, electrical lines, telecommunication
lines, and natural gas lines.
(5) Rural element. Counties shall include a rural element
including lands that are not designated for urban growth, agriculture,
forest, or mineral resources. The following provisions shall apply to
the rural element:
(a) Growth management act goals and local circumstances. Because
circumstances vary from county to county, in establishing patterns of
rural densities and uses, a county may consider local circumstances,
but shall develop a written record explaining how the rural element
harmonizes the planning goals in RCW 36.70A.020 and meets the
requirements of this chapter.
(b) Rural development. The rural element shall permit rural
development, forestry, and agriculture in rural areas. The rural
element shall provide for a variety of rural densities, uses, essential
public facilities, and rural governmental services needed to serve the
permitted densities and uses. To achieve a variety of rural densities
and uses, counties may provide for clustering, density transfer, design
guidelines, conservation easements, and other innovative techniques
that will accommodate appropriate rural densities and uses that are not
characterized by urban growth and that are consistent with rural
character.
(c) Measures governing rural development. The rural element shall
include measures that apply to rural development and protect the rural
character of the area, as established by the county, by:
(i) Containing or otherwise controlling rural development;
(ii) Assuring visual compatibility of rural development with the
surrounding rural area;
(iii) Reducing the inappropriate conversion of undeveloped land
into sprawling, low-density development in the rural area;
(iv) Protecting critical areas, as provided in RCW 36.70A.060, and
surface water and ground water resources; and
(v) Protecting against conflicts with the use of agricultural,
forest, and mineral resource lands designated under RCW 36.70A.170.
(d) Limited areas of more intensive rural development. Subject to
the requirements of this subsection and except as otherwise
specifically provided in this subsection (5)(d), the rural element may
allow for limited areas of more intensive rural development, including
necessary public facilities and public services to serve the limited
area as follows:
(i) Rural development consisting of the infill, development, or
redevelopment of existing commercial, industrial, residential, or
mixed-use areas, whether characterized as shoreline development,
villages, hamlets, rural activity centers, or crossroads developments.
(A) A commercial, industrial, residential, shoreline, or mixed-use
area shall be subject to the requirements of (d)(iv) of this
subsection, but shall not be subject to the requirements of (c)(ii) and
(iii) of this subsection.
(B) Any development or redevelopment other than an industrial area
or an industrial use within a mixed-use area or an industrial area
under this subsection (5)(d)(i) must be principally designed to serve
the existing and projected rural population.
(C) Any development or redevelopment in terms of building size,
scale, use, or intensity shall be consistent with the character of the
existing areas. Development and redevelopment may include changes in
use from vacant land or a previously existing use so long as the new
use conforms to the requirements of this subsection (5);
(ii) The intensification of development on lots containing, or new
development of, small-scale recreational or tourist uses, including
commercial facilities to serve those recreational or tourist uses, that
rely on a rural location and setting, but that do not include new
residential development. A small-scale recreation or tourist use is
not required to be principally designed to serve the existing and
projected rural population. Public services and public facilities
shall be limited to those necessary to serve the recreation or tourist
use and shall be provided in a manner that does not permit low-density
sprawl;
(iii) The intensification of development on lots containing
isolated nonresidential uses or new development of isolated cottage
industries and isolated small-scale businesses that are not principally
designed to serve the existing and projected rural population and
nonresidential uses, but do provide job opportunities for rural
residents. Rural counties may allow the expansion of small-scale
businesses as long as those small-scale businesses conform with the
rural character of the area as defined by the local government
according to RCW 36.70A.030(((14))) (15). Rural counties may also
allow new small-scale businesses to utilize a site previously occupied
by an existing business as long as the new small-scale business
conforms to the rural character of the area as defined by the local
government according to RCW 36.70A.030(((14))) (15). Public services
and public facilities shall be limited to those necessary to serve the
isolated nonresidential use and shall be provided in a manner that does
not permit low-density sprawl;
(iv) A county shall adopt measures to minimize and contain the
existing areas or uses of more intensive rural development, as
appropriate, authorized under this subsection. Lands included in such
existing areas or uses shall not extend beyond the logical outer
boundary of the existing area or use, thereby allowing a new pattern of
low-density sprawl. Existing areas are those that are clearly
identifiable and contained and where there is a logical boundary
delineated predominately by the built environment, but that may also
include undeveloped lands if limited as provided in this subsection.
The county shall establish the logical outer boundary of an area of
more intensive rural development. In establishing the logical outer
boundary the county shall address (A) the need to preserve the
character of existing natural neighborhoods and communities, (B)
physical boundaries such as bodies of water, streets and highways, and
land forms and contours, (C) the prevention of abnormally irregular
boundaries, and (D) the ability to provide public facilities and public
services in a manner that does not permit low-density sprawl;
(v) For purposes of (d) of this subsection, an existing area or
existing use is one that was in existence:
(A) On July 1, 1990, in a county that was initially required to
plan under all of the provisions of this chapter;
(B) On the date the county adopted a resolution under RCW
36.70A.040(2), in a county that is planning under all of the provisions
of this chapter under RCW 36.70A.040(2); or
(C) On the date the office of financial management certifies the
county's population as provided in RCW 36.70A.040(5), in a county that
is planning under all of the provisions of this chapter pursuant to RCW
36.70A.040(5).
(e) Exception. This subsection shall not be interpreted to permit
in the rural area a major industrial development or a master planned
resort unless otherwise specifically permitted under RCW 36.70A.360 and
36.70A.365.
(6) A transportation element that implements, and is consistent
with, the land use element.
(a) The transportation element shall include the following
subelements:
(i) Land use assumptions used in estimating travel;
(ii) Estimated traffic impacts to state-owned transportation
facilities resulting from land use assumptions to assist the department
of transportation in monitoring the performance of state facilities, to
plan improvements for the facilities, and to assess the impact of land-use decisions on state-owned transportation facilities;
(iii) Facilities and services needs, including:
(A) An inventory of air, water, and ground transportation
facilities and services, including transit alignments and general
aviation airport facilities, to define existing capital facilities and
travel levels as a basis for future planning. This inventory must
include state-owned transportation facilities within the city or
county's jurisdictional boundaries;
(B) Level of service standards for all locally owned arterials and
transit routes to serve as a gauge to judge performance of the system.
These standards should be regionally coordinated;
(C) For state-owned transportation facilities, level of service
standards for highways, as prescribed in chapters 47.06 and 47.80 RCW,
to gauge the performance of the system. The purposes of reflecting
level of service standards for state highways in the local
comprehensive plan are to monitor the performance of the system, to
evaluate improvement strategies, and to facilitate coordination between
the county's or city's six-year street, road, or transit program and
the department of transportation's six-year investment program. The
concurrency requirements of (b) of this subsection do not apply to
transportation facilities and services of statewide significance except
for counties consisting of islands whose only connection to the
mainland are state highways or ferry routes. In these island counties,
state highways and ferry route capacity must be a factor in meeting the
concurrency requirements in (b) of this subsection;
(D) Specific actions and requirements for bringing into compliance
locally owned transportation facilities or services that are below an
established level of service standard;
(E) Forecasts of traffic for at least ten years based on the
adopted land use plan to provide information on the location, timing,
and capacity needs of future growth;
(F) Identification of state and local system needs to meet current
and future demands. Identified needs on state-owned transportation
facilities must be consistent with the statewide multimodal
transportation plan required under chapter 47.06 RCW;
(iv) Finance, including:
(A) An analysis of funding capability to judge needs against
probable funding resources;
(B) A multiyear financing plan based on the needs identified in the
comprehensive plan, the appropriate parts of which shall serve as the
basis for the six-year street, road, or transit program required by RCW
35.77.010 for cities, RCW 36.81.121 for counties, and RCW 35.58.2795
for public transportation systems. The multiyear financing plan should
be coordinated with the ((six-year)) ten-year improvement program
developed by the department of transportation as required by RCW
47.05.030;
(C) If probable funding falls short of meeting identified needs, a
discussion of how additional funding will be raised, or how land use
assumptions will be reassessed to ensure that level of service
standards will be met;
(v) Intergovernmental coordination efforts, including an assessment
of the impacts of the transportation plan and land use assumptions on
the transportation systems of adjacent jurisdictions;
(vi) Demand-management strategies;
(vii) Pedestrian and bicycle component to include collaborative
efforts to identify and designate planned improvements for pedestrian
and bicycle facilities and corridors that address and encourage
enhanced community access and promote healthy lifestyles.
(b) After adoption of the comprehensive plan by jurisdictions
required to plan or who choose to plan under RCW 36.70A.040, local
jurisdictions must adopt and enforce ordinances which prohibit
development approval if the development causes the level of service on
a locally owned transportation facility to decline below the standards
adopted in the transportation element of the comprehensive plan, unless
transportation improvements or strategies to accommodate the impacts of
development are made concurrent with the development. These strategies
may include increased public transportation service, ride sharing
programs, demand management, and other transportation systems
management strategies. For the purposes of this subsection (6)
"concurrent with the development" shall mean that improvements or
strategies are in place at the time of development, or that a financial
commitment is in place to complete the improvements or strategies
within six years.
(c) The transportation element described in this subsection (6),
and the six-year plans required by RCW 35.77.010 for cities, RCW
36.81.121 for counties, and RCW 35.58.2795 for public transportation
systems, and the ten-year plan required by RCW 47.05.030 for the state,
must be consistent.
(7) An economic development element establishing local goals,
policies, objectives, and provisions for economic growth and vitality
and a high quality of life. The element shall include: (a) A summary
of the local economy such as population, employment, payroll, sectors,
businesses, sales, and other information as appropriate; (b) a summary
of the strengths and weaknesses of the local economy defined as the
commercial and industrial sectors and supporting factors such as land
use, transportation, utilities, education, work force, housing, and
natural/cultural resources; and (c) an identification of policies,
programs, and projects to foster economic growth and development and to
address future needs. A city that has chosen to be a residential
community is exempt from the economic development element requirement
of this subsection.
(8) A park and recreation element that implements, and is
consistent with, the capital facilities plan element as it relates to
park and recreation facilities. The element shall include: (a)
Estimates of park and recreation demand for at least a ten-year period;
(b) an evaluation of facilities and service needs; and (c) an
evaluation of intergovernmental coordination opportunities to provide
regional approaches for meeting park and recreational demand.
(9) It is the intent that new or amended elements required after
January 1, 2002, be adopted concurrent with the scheduled update
provided in RCW 36.70A.130. Requirements to incorporate any such new
or amended elements shall be null and void until funds sufficient to
cover applicable local government costs are appropriated and
distributed by the state at least two years before local government
must update comprehensive plans as required in RCW 36.70A.130.
Sec. 2 RCW 36.70A.090 and 1990 1st ex.s. c 17 s 9 are each
amended to read as follows:
A comprehensive plan ((should)) may provide for innovative land use
management techniques, including, but not limited to, density bonuses,
cluster housing, planned unit developments, mixed-use development,
accessory dwelling units, and the transfer of development rights.
Jurisdictions that are not subject to the requirements of RCW
43.63A.215 may provide for accessory dwelling units in their
comprehensive plans and development regulations.
NEW SECTION. Sec. 3 A new section is added to chapter 36.70A RCW
to read as follows:
(1) A county and one or more of its cities, or two or more counties
sharing a common border and their cities, may adopt countywide planning
policies or multicounty planning policies establishing subregions in
order to address housing and employment markets that cross
jurisdictional boundaries. Policies adopted under this section may
include, but are not limited to:
(a) Policies that reallocate among the counties and cities in the
subregion the population growth established for each local government
under RCW 36.70A.110;
(b) Policies that provide for a sufficient number of housing units
to accommodate the existing housing needs and projected population
growth in the subregion; and
(c) Policies that provide for sufficient land suitable for
development to meet the needs for commercial and industrial growth in
the subregion.
(2) The local governments within the subregion may use the
countywide planning policies or multicounty planning policies,
interlocal agreements under chapter 39.34 RCW, or any other appropriate
mechanism to implement the policies established under subsection (1) of
this section.
Sec. 4 RCW 36.70A.110 and 2004 c 206 s 1 are each amended to read
as follows:
(1) In accordance with the requirements of this section, each
county that is required or chooses to plan under RCW 36.70A.040 shall
designate an urban growth area or areas within which urban growth shall
be encouraged and outside of which growth can occur only if it is not
urban in nature. Each city that is located in such a county shall be
included within an urban growth area. An urban growth area may include
more than a single city. An urban growth area may include territory
that is located outside of a city only if such territory already is
characterized by urban growth whether or not the urban growth area
includes a city, or is adjacent to territory already characterized by
urban growth, or is a designated new fully contained community as
defined by RCW 36.70A.350.
(2) Based upon the growth management population projection made for
the county by the office of financial management, the county and each
city within the county shall include areas and densities sufficient to
permit the urban growth that is projected to occur in the county or
city for the succeeding twenty-year period, except for those urban
growth areas contained totally within a national historical reserve.
Each urban growth area shall permit urban densities and shall
include greenbelt and open space areas. In the case of urban growth
areas contained totally within a national historical reserve, the city
may restrict densities, intensities, and forms of urban growth as
determined to be necessary and appropriate to protect the physical,
cultural, or historic integrity of the reserve. An urban growth area
determination may include a reasonable land market supply factor and
shall permit a range of urban densities and uses. In determining this
market factor, cities and counties may consider local circumstances.
Cities and counties have discretion in their comprehensive plans to
make many choices about accommodating growth.
Within one year of July 1, 1990, each county that as of June 1,
1991, was required or chose to plan under RCW 36.70A.040, shall begin
consulting with each city located within its boundaries and each city
shall propose the location of an urban growth area. Within sixty days
of the date the county legislative authority of a county adopts its
resolution of intention or of certification by the office of financial
management, all other counties that are required or choose to plan
under RCW 36.70A.040 shall begin this consultation with each city
located within its boundaries. The county shall attempt to reach
agreement with each city on the location of an urban growth area within
which the city is located. If such an agreement is not reached with
each city located within the urban growth area, the county shall
justify in writing why it so designated the area an urban growth area.
A city may object formally with the department over the designation of
the urban growth area within which it is located. Where appropriate,
the department shall attempt to resolve the conflicts, including the
use of mediation services.
(3) Counties subject to RCW 36.70A.215 and counties east of the
crest of the Cascade mountain range with a population greater than four
hundred thousand must:
(a) Consult with cities within each urban growth area in the county
about developing criteria and procedures that may improve the process
of modifying or designating new urban growth areas;
(b) Upon request, consult with any city or cities within the county
that abut an unincorporated urban growth area or areas about adopting
consistent development standards with those of the city or cities
located within or adjacent to the urban growth areas; and
(c) Submit a report to the appropriate committees of the house of
representatives and the senate by December 1, 2007, summarizing
findings and recommendations resulting from the consultations required
in (a) and (b) of this subsection. The reports required in this
subsection may be submitted by individual jurisdictions or jointly by
participating jurisdictions.
(4) Urban growth should be located first in areas already
characterized by urban growth that have adequate existing public
facility and service capacities to serve such development, second in
areas already characterized by urban growth that will be served
adequately by a combination of both existing public facilities and
services and any additional needed public facilities and services that
are provided by either public or private sources, and third in the
remaining portions of the urban growth areas. Urban growth may also be
located in designated new fully contained communities as defined by RCW
36.70A.350.
(((4))) (5) In general, cities are the units of local government
most appropriate to provide urban governmental services. In general,
it is not appropriate that urban governmental services be extended to
or expanded in rural areas except in those limited circumstances shown
to be necessary to protect basic public health and safety and the
environment and when such services are financially supportable at rural
densities and do not permit urban development.
(((5))) (6) On or before October 1, 1993, each county that was
initially required to plan under RCW 36.70A.040(1) shall adopt
development regulations designating interim urban growth areas under
this chapter. Within three years and three months of the date the
county legislative authority of a county adopts its resolution of
intention or of certification by the office of financial management,
all other counties that are required or choose to plan under RCW
36.70A.040 shall adopt development regulations designating interim
urban growth areas under this chapter. Adoption of the interim urban
growth areas may only occur after public notice; public hearing; and
compliance with the state environmental policy act, chapter 43.21C RCW,
and RCW 36.70A.110. Such action may be appealed to the appropriate
growth management hearings board under RCW 36.70A.280. Final urban
growth areas shall be adopted at the time of comprehensive plan
adoption under this chapter.
(((6))) (7) Each county shall include designations of urban growth
areas in its comprehensive plan.
(((7))) (8) An urban growth area designated in accordance with this
section may include within its boundaries urban service areas or
potential annexation areas designated for specific cities or towns
within the county.
Sec. 5 RCW 36.70A.177 and 2006 c 147 s 1 are each amended to read
as follows:
(1) A county or a city may use a variety of innovative zoning
techniques in areas designated as agricultural lands of long-term
commercial significance under RCW 36.70A.170. The innovative zoning
techniques should be designed to conserve agricultural lands and
encourage the agricultural economy. Except as provided in subsection
(3) of this section, a county or city ((should)) shall encourage
nonagricultural uses, including wetland mitigation banking projects, to
be limited to lands with poor soils or otherwise not suitable for
agricultural purposes.
(2) Innovative zoning techniques a county or city may consider
include, but are not limited to:
(a) Agricultural zoning, which limits the density of development
and restricts or prohibits nonfarm uses of agricultural land and may
allow accessory uses, including nonagricultural accessory uses and
activities, that support, promote, or sustain agricultural operations
and production, as provided in subsection (3) of this section;
(b) Cluster zoning, which allows new development on one portion of
the land, leaving the remainder in agricultural or open space uses;
(c) Large lot zoning, which establishes as a minimum lot size the
amount of land necessary to achieve a successful farming practice;
(d) Quarter/quarter zoning, which permits one residential dwelling
on a one-acre minimum lot for each one-sixteenth of a section of land;
and
(e) Sliding scale zoning, which allows the number of lots for
single-family residential purposes with a minimum lot size of one acre
to increase inversely as the size of the total acreage increases.
(3) Accessory uses allowed under subsection (2)(a) of this section
shall comply with the following:
(a) Accessory uses shall be located, designed, and operated so as
to not interfere with, and to support the continuation of, the overall
agricultural use of the property and neighboring properties, and shall
comply with the requirements of this chapter;
(b) Accessory uses may include:
(i) Agricultural accessory uses and activities, including but not
limited to the storage, distribution, and marketing of regional
agricultural products from one or more producers, agriculturally
related experiences, or the production, marketing, and distribution of
value-added agricultural products, including support services that
facilitate these activities; and
(ii) Nonagricultural accessory uses and activities as long as they
are consistent with the size, scale, and intensity of the existing
agricultural use of the property and the existing buildings on the
site. Nonagricultural accessory uses and activities, including new
buildings, parking, or supportive uses, shall not be located outside
the general area already developed for buildings and residential uses
and shall not otherwise convert more than one acre of agricultural land
to nonagricultural uses; and
(c) Counties and cities have the authority to limit or exclude
accessory uses otherwise authorized in this subsection (3) in areas
designated as agricultural lands of long-term commercial significance.
(4)(a) Off-site wetland mitigation banking projects, as provided
for in chapter 90.84 RCW, including but not limited to projects for
residential, commercial, or industrial purposes, may be permitted by
conditional or special use on agricultural lands, including
agricultural lands of long-term commercial significance, if the local
government has adopted criteria for evaluating and permitting such
projects. The criteria shall reflect the priority expressed in this
chapter for preserving agricultural lands of long-term commercial
significance, without precluding the establishment of wetland
mitigation bank sites on lands with poor soils or otherwise not
suitable for agricultural purposes. The criteria shall minimize the
impact on the continued agricultural use of high value agricultural
lands of long-term commercial significance. Conservation projects that
consist of exclusively planting vegetation or on-site mitigation
projects required for permitted activities shall be allowed.
(b) This subsection (4) shall not affect lands purchased or
otherwise acquired before June 30, 2001, by a port district in whole or
in part for use as a wetland mitigation bank.
(5) This section shall not be interpreted to limit agricultural
production on designated agricultural lands."
ESHB 1727 -
By Senator Fairley
On page 1, line 2 of the title, after "growth;" strike the remainder of the title and insert "amending RCW 36.70A.070, 36.70A.090, 36.70A.110, and 36.70A.177; and adding a new section to chapter 36.70A RCW."