BILL REQ. #: H-0779.1
State of Washington | 62nd Legislature | 2011 Regular Session |
Read first time 01/17/11. Referred to Committee on Local Government.
AN ACT Relating to limited expansions of urban growth areas into one hundred year floodplains in areas adjacent to a freeway interchange or interstate in counties wholly or partially bordering salt waters with more than one hundred thousand but fewer than one hundred fifty thousand residents; and amending RCW 36.70A.110.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 36.70A.110 and 2010 c 211 s 1 are each amended to read
as follows:
(1) 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.
As part of this planning process, each city within the county must
include areas sufficient to accommodate the broad range of needs and
uses that will accompany the projected urban growth including, as
appropriate, medical, governmental, institutional, commercial, service,
retail, and other nonresidential uses.
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) 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) 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) 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 under this
section. Such action may be appealed to the 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) Each county shall include designations of urban growth areas in
its comprehensive plan.
(7) 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.
(8)(a) Except as provided in (b) of this subsection, the expansion
of an urban growth area is prohibited into the one hundred year
floodplain of any river or river segment that: (i) Is located west of
the crest of the Cascade mountains; and (ii) has a mean annual flow of
one thousand or more cubic feet per second as determined by the
department of ecology.
(b) Subsection (8)(a) of this section does not apply to:
(i) Urban growth areas that are fully contained within a floodplain
and lack adjacent buildable areas outside the floodplain;
(ii) Urban growth areas where expansions are precluded outside
floodplains because: (((A))) Urban governmental services cannot be
physically provided to serve areas outside the floodplain; or (((B)
Expansions outside the floodplain)) accessing the expansion would
require a river or estuary crossing ((to access the expansion)); or
(iii) Urban growth area expansions where:
(A) Public facilities already exist within the floodplain and the
expansion of an existing public facility is only possible on the land
to be included in the urban growth area and located within the
floodplain; ((or))
(B) Urban development already exists within a floodplain as of July
26, 2009, and is adjacent to, but outside of, the urban growth area,
and the expansion of the urban growth area is necessary to include such
urban development within the urban growth area; ((or))
(C) The expansion is authorized by a county that is wholly or
partially bordered by salt waters and has more than one hundred
thousand but fewer than one hundred fifty thousand residents. Urban
growth area expansions authorized in accordance with this subsection
(8)(b)(iii)(C) must be a single parcel or contiguous parcels, may not
exceed seven acres, and must be limited to areas that are adjacent to
an urban growth area and entirely surrounded by a freeway interchange
right-of-way; or
(D) The land is owned by a jurisdiction planning under this chapter
or the rights to the development of the land have been permanently
extinguished, and the following criteria are met:
(I) The permissible use of the land is limited to one of the
following: Outdoor recreation; environmentally beneficial projects,
including but not limited to habitat enhancement or environmental
restoration; storm water facilities; flood control facilities; or
underground conveyances; and
(II) The development and use of such facilities or projects will
not decrease flood storage, increase storm water runoff, discharge
pollutants to fresh or salt waters during normal operations or floods,
or increase hazards to people and property.
(c) For the purposes of this subsection (8), "one hundred year
floodplain" means the same as "special flood hazard area" as set forth
in WAC 173-158-040 as it exists on July 26, 2009.