BILL REQ. #:  H-0324.2 

Read first time 01/11/11.   Referred to Committee on Local Government.

     AN ACT Relating to limiting the moratoria authority of counties and cities in the ordinary course of comprehensive plan and shoreline master program amendment processes; and amending RCW 36.70A.390 and 90.58.590.

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

Sec. 1   RCW 36.70A.390 and 1992 c 207 s 6 are each amended to read as follows:
     (1) A county or city governing body that adopts a moratorium, interim zoning map, interim zoning ordinance, or interim official control without holding a public hearing on the proposed moratorium, interim zoning map, interim zoning ordinance, or interim official control, shall hold a public hearing on the adopted moratorium, interim zoning map, interim zoning ordinance, or interim official control within at least sixty days of its adoption, whether or not the governing body received a recommendation on the matter from the planning commission or department. If the governing body does not adopt findings of fact justifying its action before this hearing, then the governing body shall do so immediately after this public hearing. A moratorium, interim zoning map, interim zoning ordinance, or interim official control adopted under this section may be effective for not longer than six months, but may be effective for up to one year if a work plan is developed for related studies providing for such a longer period. A moratorium, interim zoning map, interim zoning ordinance, or interim official control may be renewed for one or more six-month periods if a subsequent public hearing is held and findings of fact are made prior to each renewal.
     (2) This section does not apply to the designation of critical areas, agricultural lands, forest lands, and mineral resource lands, under RCW 36.70A.170, and the conservation of these lands and protection of these areas under RCW 36.70A.060, prior to such actions being taken in a comprehensive plan adopted under RCW 36.70A.070 and implementing development regulations adopted under RCW 36.70A.120, if a public hearing is held on such proposed actions.
     (3) Counties and cities, in exercising moratoria authority under this section, may not adopt one or more consecutive moratoria during a comprehensive plan amendment process to prevent lawful activities under the comprehensive plan in anticipation of a change of law by those amendments. This subsection does not apply to comprehensive plan amendments that are in response to a court decision or a decision of the growth management hearings board. Nothing in this subsection may be construed to modify county and city moratoria powers conferred outside this chapter.

Sec. 2   RCW 90.58.590 and 2009 c 444 s 2 are each amended to read as follows:
     (1) Local governments may adopt moratoria or other interim official controls as necessary and appropriate to implement this chapter.
     (2)(a) A local government adopting a moratorium or control under this section must:
     (i) Hold a public hearing on the moratorium or control;
     (ii) Adopt detailed findings of fact that include, but are not limited to, justifications for the proposed or adopted actions and explanations of the desired and likely outcomes;
     (iii) Notify the department of the moratorium or control immediately after its adoption. The notification must specify the time, place, and date of any public hearing required by this subsection;
     (iv) Provide that all lawfully existing uses, structures, or other development shall continue to be deemed lawful conforming uses and may continue to be maintained, repaired, and redeveloped, so long as the use is not expanded, under the terms of the land use and shoreline rules and regulations in place at the time of the moratorium.
     (b) The public hearing required by this section must be held within sixty days of the adoption of the moratorium or control.
     (3) A moratorium or control adopted under this section may be effective for up to six months if a detailed work plan for remedying the issues and circumstances necessitating the moratorium or control is developed and made available for public review. A moratorium or control may be renewed for two six-month periods if the local government complies with subsection (2)(a) of this section before each renewal. If a moratorium or control is in effect on the date a proposed master program or amendment is submitted to the department, the moratorium or control must remain in effect until the department's final action under RCW 90.58.090; however, the moratorium expires six months after the date of submittal if the department has not taken final action.
     (4) Local governments, in exercising moratoria authority under this section, may not adopt one or more consecutive moratoria during a shoreline master program amendment process to prevent lawful activities under the master program in anticipation of a change of law by those amendments. This subsection does not apply to shoreline master program amendments that are in response to a court decision or a decision of the shorelines hearings board.
     (5) Nothing in this section may be construed to modify county and city moratoria powers conferred outside this chapter.