BILL REQ. #:  H-3554.1 

Prefiled 12/28/09. Read first time 01/11/10.   Referred to Committee on Agriculture & Natural Resources.

     AN ACT Relating to coordinated state land management by agencies responsible for managing natural resources; adding a new section to chapter 77.12 RCW; adding a new section to chapter 79.02 RCW; adding a new section to chapter 79A.05 RCW; and creating a new section.

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

NEW SECTION.  Sec. 1   The legislature finds that:
     (1) The public interest will be best served if lands throughout the state and their resources are subject to the coordinated management efforts of the state and local governments;
     (2) The federal government requires its agencies to coordinate and provide meaningful involvement of state and local government officials in the development and revisions of federal land use plans, guidelines, and regulations as explained in 43 U.S.C. Sec. 1712 (c)(9);
     (3) Many local governments have extensive plans for the lands within their jurisdiction as required by various state laws, including but not limited to Titles 35, 35A, and 36 RCW; and
     (4) The citizens of Washington directly benefit when state agencies coordinate their activities with local government officials regarding land use administration, management, and planning.

NEW SECTION.  Sec. 2   A new section is added to chapter 77.12 RCW to read as follows:
     (1)(a) The department shall coordinate with all applicable affected local government officials during the development, revision, and implementation of any public land use plan under the control or authority of the department.
     (b) Implementation of this section requires the department to, at a minimum:
     (i) Keep itself apprised of all relevant local and tribal land use plans and ordinances;
     (ii) Ensure that consideration is given to local and tribal plans that are germane in the development of land use activities for the department and strive to make corresponding state policies, plans, or actions consistent with local policies, plans, or actions;
     (iii) Assist in resolving inconsistencies between department land management and local and tribal plans and ordinances;
     (iv) Provide for meaningful public involvement of other local government officials, both elected and appointed, in the development of land use programs, land use policies, land use rules, and land use decisions for department lands; and
     (v) Provide local government officials early notification of all land use actions or plans of the department that will affect the unit of local government directly or indirectly.
     (2) If, after consulting with an affected local government, the department finds that the statutory limitations of the department make compliance with a particular locally adopted land use plan or ordinance unlawful, the department shall report this finding to the appropriate committees of the legislature along with specific information relating to the statute or statutes limiting the department from complying with local plans or ordinances.
     (3) The director must make available a formal channel through which local government officials may provide direct feedback and other communications regarding proposed actions by the department relating to the purchase and sale of land, the development or revision of land use plans, land use guidelines, land use policies, and land use rules for department lands within the local jurisdiction and with respect to other land use matters as deemed relevant to a local official.

NEW SECTION.  Sec. 3   A new section is added to chapter 79.02 RCW to read as follows:
     (1)(a) The department shall coordinate with all applicable affected local government officials during the development, revision, and implementation of any public land use plan under the control or authority of the department.
     (b) Implementation of this section requires the department to, at a minimum:
     (i) Keep itself apprised of all relevant local and tribal land use plans and ordinances;
     (ii) Ensure that consideration is given to local and tribal plans that are germane in the development of land use activities for the department and strive to make corresponding state policies, plans, or actions consistent with local policies, plans, or actions;
     (iii) Assist in resolving inconsistencies between department land management and local and tribal plans and ordinances;
     (iv) Provide for meaningful public involvement of other local government officials, both elected and appointed, in the development of land use programs, land use policies, land use rules, and land use decisions for public lands; and
     (v) Provide local government officials early notification of all land use actions or plans of the department that will affect the unit of local government directly or indirectly.
     (2) If, after consulting with an affected local government, the department finds that the statutory limitations of the department make compliance with a particular locally adopted land use plan or ordinance unlawful, the department shall report this finding to the appropriate committees of the legislature along with specific information relating to the statute or statutes limiting the department from complying with local plans or ordinances.
     (3) The commissioner of public lands must make available a formal channel through which local government officials may provide direct feedback and other communications regarding proposed actions by the department relating to the purchase and sale of land, the development or revision of land use plans, land use guidelines, land use policies, and land use rules for public lands within the local jurisdiction and with respect to other land use matters as deemed relevant to a local official.

NEW SECTION.  Sec. 4   A new section is added to chapter 79A.05 RCW to read as follows:
     (1)(a) The commission shall coordinate with all applicable affected local government officials during the development, revision, and implementation of any public land use plan under the control or authority of the commission.
     (b) Implementation of this section requires the commission to, at a minimum:
     (i) Keep itself apprised of all relevant local and tribal land use plans and ordinances;
     (ii) Ensure that consideration is given to local and tribal plans that are germane in the development of land use activities for the commission and strive to make corresponding commission policies, plans, or actions consistent with local policies, plans, or actions;
     (iii) Assist in resolving inconsistencies between commission land management and local and tribal plans and ordinances;
     (iv) Provide for meaningful public involvement of other local government officials, both elected and appointed, in the development of land use programs, land use policies, land use rules, and land use decisions for commission lands; and
     (v) Provide local government officials early notification of all land use actions or plans of the commission that will affect the unit of local government directly or indirectly.
     (2) If, after consulting with an affected local government, the commission finds that the statutory limitations of the commission make compliance with a particular locally adopted land use plan or ordinance unlawful, the commission shall report this finding to the appropriate committees of the legislature along with specific information relating to the statute or statutes limiting the commission from complying with local plans or ordinances.
     (3) The director must make available a formal channel through which local government officials may provide direct feedback and other communications regarding proposed actions by the commission relating to the purchase and sale of land, the development or revision of land use plans, land use guidelines, land use policies, and land use rules for commission lands within the local jurisdiction and with respect to other land use matters as deemed relevant to a local official.