Brief Description: Authorizing industrial development on reclaimed surface coal mine sites.

Sponsors: Senators Swecker, Haugen, Keiser, Hatfield, Zarelli, Benton, Hewitt, Stevens, Shin, Marr, Rasmussen, Oemig and Sheldon.

Senate Committee on Government Operations & Elections
House Committee on Local Government

Background: Industrial development in counties and cities planning under the Growth Management Act (GMA) is generally only allowed in urban growth areas (UGAs). UGAs are areas within which urban growth is encouraged, and outside of which, growth can only occur if it is not urban in nature.

In limited circumstances, the GMA allows industrial development in areas outside of UGAs. Under RCW 36.70A.365, a county may authorize the siting of a major industrial development (MID) outside UGAs, and under RCW 36.70A.367, a county may designate an industrial land bank of no more than two master planned locations for major industrial activity outside UGAs. The designation, siting, and approval of a MID or an industrial land bank is done through amendment to the county comprehensive plan, provided certain statutory requirements are met.

Summary: Certain qualified counties planning under the GMA may designate a master planned location for major industrial activity outside UGAs on lands formerly used or designated for surface coal mining and supporting uses. Counties authorized to designate major industrial development on former surface coal mining uses must have had a surface coal mining operation in excess of 3,000 acres that ceased operation after July 1, 2006, and that is located within 15 miles of the I-5 corridor.

Designation of a master planned location for major industrial activities is an amendment to the comprehensive plan of the county. The master planned location must be located on land formerly used or designated for surface coal mining and supporting uses, that consist of an aggregation of land of at least 1,000 acres, and that is suitable for manufacturing, industrial, or commercial business. The master planned location must include criteria for the provision of new infrastructure and an environmental review must be done at the programmatic level.

Approval of a specific major industrial activity is conducted through a local master plan process and does not require comprehensive plan amendment. The development regulations adopted must provide that the site consist of 100 or more acres of land formerly used or designated for surface coal mining; must prevent urban growth in the adjacent nonurban areas; and limit commercial development.

Votes on Final Passage:

Senate      49   0
House      98   0

Effective:   July 22, 2007