Passed by the House April 14, 2011 Yeas 92   FRANK CHOPP ________________________________________ Speaker of the House of Representatives Passed by the Senate April 6, 2011 Yeas 48   BRAD OWEN ________________________________________ President of the Senate | I, Barbara Baker, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is ENGROSSED SUBSTITUTE HOUSE BILL 1886 as passed by the House of Representatives and the Senate on the dates hereon set forth. BARBARA BAKER ________________________________________ Chief Clerk | |
Approved May 16, 2011, 2:43 p.m. CHRISTINE GREGOIRE ________________________________________ Governor of the State of Washington | May 17, 2011 Secretary of State State of Washington |
State of Washington | 62nd Legislature | 2011 Regular Session |
READ FIRST TIME 02/17/11.
AN ACT Relating to implementing recommendations developed in accordance with Substitute Senate Bill No. 5248, chapter 353, Laws of 2007; amending RCW 36.70A.280; reenacting and amending RCW 36.70A.130; adding new sections to chapter 36.70A RCW; adding a new section to chapter 43.21C RCW; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 (1) The purpose of this act is to establish
the voluntary stewardship program as recommended in the report
submitted by the William D. Ruckelshaus Center to the legislature as
required by chapter 353, Laws of 2007 and chapter 203, Laws of 2010.
(2) It is the intent of this act to:
(a) Promote plans to protect and enhance critical areas within the
area where agricultural activities are conducted, while maintaining and
improving the long-term viability of agriculture in the state of
Washington and reducing the conversion of farmland to other uses;
(b) Focus and maximize voluntary incentive programs to encourage
good riparian and ecosystem stewardship as an alternative to historic
approaches used to protect critical areas;
(c) Rely upon RCW 36.70A.060 for the protection of critical areas
for those counties that do not choose to participate in this program;
(d) Leverage existing resources by relying upon existing work and
plans in counties and local watersheds, as well as existing state and
federal programs to the maximum extent practicable to achieve program
goals;
(e) Encourage and foster a spirit of cooperation and partnership
among county, tribal, environmental, and agricultural interests to
better assure the program success;
(f) Improve compliance with other laws designed to protect water
quality and fish habitat; and
(g) Rely upon voluntary stewardship practices as the primary method
of protecting critical areas and not require the cessation of
agricultural activities.
NEW SECTION. Sec. 2 The definitions in this section apply to
sections 1 through 15 of this act and RCW 36.70A.130 and 36.70A.280
unless the context clearly requires otherwise.
(1) "Agricultural activities" means all agricultural uses and
practices as defined in RCW 90.58.065.
(2) "Commission" means the state conservation commission as defined
in RCW 89.08.030.
(3) "Director" means the executive director of the state
conservation commission.
(4) "Enhance" or "enhancement" means to improve the processes,
structure, and functions existing, as of the effective date of this
section, of ecosystems and habitats associated with critical areas.
(5) "Participating watershed" means a watershed identified by a
county under section 4(1) of this act to participate in the program.
(6) "Priority watershed" means a geographic area nominated by the
county and designated by the commission.
(7) "Program" means the voluntary stewardship program established
in section 3 of this act.
(8) "Protect" or "protecting" means to prevent the degradation of
functions and values existing as of the effective date of this section.
(9) "Receipt of funding" means the date a county takes legislative
action accepting any funds as required in section 5(1) of this act to
implement the program.
(10) "Statewide advisory committee" means the statewide advisory
committee created in section 11 of this act.
(11) "Technical panel" means the directors or director designees of
the following agencies: The department of fish and wildlife; the
department of agriculture; the department of ecology; and the
commission.
(12) "Watershed" means a water resource inventory area, salmon
recovery planning area, or a subbasin as determined by a county.
(13) "Watershed group" means an entity designated by a county under
the provisions of section 5 of this act.
(14) "Work plan" means a watershed work plan developed under the
provisions of section 6 of this act.
NEW SECTION. Sec. 3 (1) The voluntary stewardship program is
established to be administered by the commission. The program shall be
designed to protect and enhance critical areas on lands used for
agricultural activities through voluntary actions by agricultural
operators.
(2) In administering the program, the commission must:
(a) Establish policies and procedures for implementing the program;
(b) Administer funding for counties to implement the program
including, but not limited to, funding to develop strategies and
incentive programs and to establish local guidelines for watershed
stewardship programs;
(c) Administer the program's technical assistance funds and
coordinate among state agencies and other entities for the
implementation of the program;
(d) Establish a technical panel;
(e) In conjunction with the technical panel, review and evaluate:
(i) Work plans submitted for approval under section 6(2)(a) of this
act; and (ii) reports submitted under section 6(2)(b) of this act;
(f) Review and evaluate the program's success and effectiveness and
make appropriate changes to policies and procedures for implementing
the program, in consultation with the statewide advisory committee and
other affected agencies;
(g) Designate priority watersheds based upon the recommendation of
the statewide advisory committee. The commission and the statewide
advisory committee may only consider watersheds nominated by counties
under section 4 of this act. When designating priority watersheds, the
commission and the statewide advisory committee shall consider the
statewide significance of the criteria listed in section 4(3) of this
act;
(h) Provide administrative support for the program's statewide
advisory committee in its work. The administrative support must be in
collaboration with the department of ecology and other agencies
involved in the program;
(i) Maintain a web site about the program that includes times,
locations, and agenda information for meetings of the statewide
advisory committee;
(j) Report to the legislature on the general status of program
implementation by December 1, 2013, and December 1, 2015;
(k) In conjunction with the statewide advisory committee, conduct
a review of the program beginning in 2017 and every five years
thereafter, and report its findings to the legislature by December 1st;
and
(l) Report to the appropriate committees of the legislature in the
format provided in RCW 43.01.036.
(3) The department shall assist counties participating in the
program to develop plans and development regulations under section 9(1)
of this act.
(4) The commission, department, department of agriculture,
department of fish and wildlife, department of ecology, and other state
agencies as directed by the governor shall:
(a) Cooperate and collaborate to implement the program; and
(b) Develop materials to assist local watershed groups in
development of work plans.
(5) State agencies conducting new monitoring to implement the
program in a watershed must focus on the goals and benchmarks of the
work plan.
NEW SECTION. Sec. 4 (1)(a) As an alternative to protecting
critical areas in areas used for agricultural activities through
development regulations adopted under RCW 36.70A.060, the legislative
authority of a county may elect to protect such critical areas through
the program.
(b) In order to participate in the program, within six months after
the effective date of this section, the legislative authority of a
county must adopt an ordinance or resolution that:
(i) Elects to have the county participate in the program;
(ii) Identifies the watersheds that will participate in the
program; and
(iii) Based on the criteria in subsection (4) of this section,
nominates watersheds for consideration by the commission as state
priority watersheds.
(2) Before adopting the ordinance or resolution under subsection
(1) of this section, the county must (a) confer with tribes, and
environmental and agricultural interests; and (b) provide notice
following the public participation and notice provisions of RCW
36.70A.035 to property owners and other affected and interested
individuals, tribes, government agencies, businesses, school districts,
and organizations.
(3) In identifying watersheds to participate in the program, a
county must consider:
(a) The role of farming within the watershed, including the number
and acreage of farms, the economic value of crops and livestock, and
the risk of the conversion of farmland;
(b) The overall likelihood of completing a successful program in
the watershed; and
(c) Existing watershed programs, including those of other
jurisdictions in which the watershed has territory.
(4) In identifying priority watersheds, a county must consider the
following:
(a) The role of farming within the watershed, including the number
and acreage of farms, the economic value of crops and livestock, and
the risk of the conversion of farmland;
(b) The importance of salmonid resources in the watershed;
(c) An evaluation of the biological diversity of wildlife species
and their habitats in the geographic region including their
significance and vulnerability;
(d) The presence of leadership within the watershed that is
representative and inclusive of the interests in the watershed;
(e) Integration of regional watershed strategies, including the
availability of a data and scientific review structure related to all
types of critical areas;
(f) The presence of a local watershed group that is willing and
capable of overseeing a successful program, and that has the
operational structures to administer the program effectively, including
professional technical assistance staff, and monitoring and adaptive
management structures; and
(g) The overall likelihood of completing a successful program in
the watershed.
(5) Except as otherwise provided in subsection (9) of this section,
beginning with the effective date of the ordinance or resolution
adopted under subsection (1) of this section, the program applies to
all unincorporated property upon which agricultural activities occur
within a participating watershed.
(6)(a) Except as otherwise provided in (b) of this subsection,
within two years after the effective date of this section, a county
must review and, if necessary, revise development regulations adopted
under this chapter to protect critical areas as they specifically apply
to agricultural activities:
(i) If the county has not elected to participate in the program,
for all unincorporated areas; or
(ii) If the county has elected to participate in the program, for
any watershed not participating in the program.
(b) A county that between July 1, 2003, and June 30, 2007, in
accordance with RCW 36.70A.130 completed the review of its development
regulations as required by RCW 36.70A.130 to protect critical areas as
they specifically apply to agricultural activities is not required to
review and revise its development regulations until required by RCW
36.70A.130.
(c) After the review and amendment required under (a) of this
subsection, RCW 36.70A.130 applies to the subsequent review and
amendment of development regulations adopted under this chapter to
protect critical areas as they specifically apply to agricultural
activities.
(7)(a) A county that has made the election under subsection (1) of
this section may withdraw a participating watershed from the program by
adopting an ordinance or resolution withdrawing the watershed from the
program. A county may withdraw a watershed from the program at the end
of three years, five years, or eight years after receipt of funding, or
any time after ten years from receipt of funding.
(b) Within eighteen months after withdrawing a participating
watershed from the program, the county must review and, if necessary,
revise its development regulations that protect critical areas in that
watershed as they specifically apply to agricultural activities. The
development regulations must protect the critical area functions and
values as they existed on the effective date of this section. RCW
36.70A.130 applies to the subsequent review and amendment of
development regulations adopted under this chapter to protect critical
areas as they specifically apply to agricultural activities.
(8) A county that has made the election under subsection (1) of
this section is eligible for a share of the funding made available to
implement the program, subject to funding availability from the state.
(9) A county that has made the election under subsection (1) of
this section is not required to implement the program in a
participating watershed until adequate funding for the program in that
watershed is provided to the county.
NEW SECTION. Sec. 5 (1) When the commission makes funds
available to a county that has made the election provided in section
4(1) of this act, the county must within sixty days:
(a) Acknowledge the receipt of funds; and
(b) Designate a watershed group and an entity to administer funds
for each watershed for which funding has been provided.
(2) A county must confer with tribes and interested stakeholders
before designating or establishing a watershed group.
(3) The watershed group must include broad representation of key
watershed stakeholders and, at a minimum, representatives of
agricultural and environmental groups and tribes that agree to
participate. The county should encourage existing lead entities,
watershed planning units, or other integrating organizations to serve
as the watershed group.
(4) The county may designate itself, a tribe, or another entity to
coordinate the local watershed group.
NEW SECTION. Sec. 6 (1)
A watershed group designated by a county
under section 5 of this act must develop a work plan to protect
critical areas while maintaining the viability of agriculture in the
watershed. The work plan must include goals and benchmarks for the
protection and enhancement of critical areas. In developing and
implementing the work plan, the watershed group must:
(a) Review and incorporate applicable water quality, watershed
management, farmland protection, and species recovery data and plans;
(b) Seek input from tribes, agencies, and stakeholders;
(c) Develop goals for participation by agricultural operators
conducting commercial and noncommercial agricultural activities in the
watershed necessary to meet the protection and enhancement benchmarks
of the work plan;
(d) Ensure outreach and technical assistance is provided to
agricultural operators in the watershed;
(e) Create measurable benchmarks that, within ten years after the
receipt of funding, are designed to result in (i) the protection of
critical area functions and values and (ii) the enhancement of critical
area functions and values through voluntary, incentive-based measures;
(f) Designate the entity or entities that will provide technical
assistance;
(g) Work with the entity providing technical assistance to ensure
that individual stewardship plans contribute to the goals and
benchmarks of the work plan;
(h) Incorporate into the work plan any existing development
regulations relied upon to achieve the goals and benchmarks for
protection;
(i) Establish baseline monitoring for: (i) Participation
activities and implementation of the voluntary stewardship plans and
projects; (ii) stewardship activities; and (iii) the effects on
critical areas and agriculture relevant to the protection and
enhancement benchmarks developed for the watershed;
(j) Conduct periodic evaluations, institute adaptive management,
and provide a written report of the status of plans and accomplishments
to the county and to the commission within sixty days after the end of
each biennium;
(k) Assist state agencies in their monitoring programs; and
(l) Satisfy any other reporting requirements of the program.
(2)(a) The watershed group shall develop and submit the work plan
to the director for approval as provided in section 7 of this act.
(b)(i) Not later than five years after the receipt of funding for
a participating watershed, the watershed group must report to the
director and the county on whether it has met the work plan's
protection and enhancement goals and benchmarks.
(ii) If the watershed group determines the protection goals and
benchmarks have been met, and the director concurs under section 8 of
this act, the watershed group shall continue to implement the work
plan.
(iii) If the watershed group determines the protection goals and
benchmarks have not been met, it must propose and submit to the
director an adaptive management plan to achieve the goals and
benchmarks that were not met. If the director does not approve the
adaptive management plan under section 8 of this act, the watershed is
subject to section 9 of this act.
(iv) If the watershed group determines the enhancement goals and
benchmarks have not been met, the watershed group must determine what
additional voluntary actions are needed to meet the benchmarks,
identify the funding necessary to implement these actions, and
implement these actions when funding is provided.
(c)(i) Not later than ten years after receipt of funding for a
participating watershed, and every five years thereafter, the watershed
group must report to the director and the county on whether it has met
the protection and enhancement goals and benchmarks of the work plan.
(ii) If the watershed group determines the protection goals and
benchmarks have been met, and the director concurs under section 8 of
this act, the watershed group shall continue to implement the work
plan.
(iii) If the watershed group determines the protection goals and
benchmarks have not been met, the watershed is subject to section 9 of
this act.
(iv) If the watershed group determines the enhancement goals and
benchmarks have not been met, the watershed group must determine what
additional voluntary actions are needed to meet the benchmarks,
identify the funding necessary to implement these actions, and
implement these actions when funding is provided.
(3) Following approval of a work plan, a county or watershed group
may request a state or federal agency to focus existing enforcement
authority in that participating watershed, if the action will
facilitate progress toward achieving work plan protection goals and
benchmarks.
(4) The commission may provide priority funding to any watershed
designated under the provisions of section 3(2)(g) of this act. The
director, in consultation with the statewide advisory committee, shall
work with the watershed group to develop an accelerated implementation
schedule for watersheds that receive priority funding.
(5) Commercial and noncommercial agricultural operators
participating in the program are eligible to receive funding and
assistance under watershed programs.
NEW SECTION. Sec. 7 (1) Upon receipt of a work plan submitted to
the director under section 6(2)(a) of this act, the director must
submit the work plan to the technical panel for review.
(2) The technical panel shall review the work plan and report to
the director within forty-five days after the director receives the
work plan. The technical panel shall assess whether at the end of ten
years after receipt of funding, the work plan, in conjunction with
other existing plans and regulations, will protect critical areas while
maintaining and enhancing the viability of agriculture in the
watershed.
(3)(a) If the technical panel determines the proposed work plan
will protect critical areas while maintaining and enhancing the
viability of agriculture in the watershed:
(i) It must recommend approval of the work plan; and
(ii) The director must approve the work plan.
(b) If the technical panel determines the proposed work plan will
not protect critical areas while maintaining and enhancing the
viability of agriculture in the watershed:
(i) It must identify the reasons for its determination; and
(ii) The director must advise the watershed group of the reasons
for disapproval.
(4) The watershed group may modify and resubmit its work plan for
review and approval consistent with this section.
(5) If the director does not approve a work plan submitted under
this section within two years and nine months after receipt of funding,
the director shall submit the work plan to the statewide advisory
committee for resolution. If the statewide advisory committee
recommends approval, the director must approve the work plan.
(6) If the director does not approve a work plan for a watershed
within three years after receipt of funding, the provisions of section
9(2) of this act apply to the watershed.
NEW SECTION. Sec. 8 (1) Upon receipt of a report by a watershed
group under section 6(2)(b) of this act that the work plan goals and
benchmarks have been met, the director must consult with the statewide
advisory committee. If the director concurs with the watershed group
report, the watershed group shall continue to implement the work plan.
If the director does not concur with the watershed group report, the
director shall consult with the statewide advisory committee following
the procedures in subsection (2) of this section.
(2) If either the director, following receipt of a report under
subsection (1) of this section, or the watershed group, in the report
submitted to the director under section 6(2)(b) of this act, concludes
that the work plan goals and benchmarks for protection have not been
met, the director must consult with the statewide advisory committee
for a recommendation on how to proceed. If the director, acting upon
recommendation from the statewide advisory committee, determines that
the watershed is likely to meet the goals and benchmarks with an
additional six months of planning and implementation time, the director
must grant an extension. If the director, acting upon a recommendation
from the statewide advisory committee, determines that the watershed is
unlikely to meet the goals and benchmarks within six months, the
watershed is subject to section 9 of this act.
(3) A watershed that fails to meet its goals and benchmarks for
protection within the six-month time extension under subsection (2) of
this section is subject to section 9 of this act.
NEW SECTION. Sec. 9 (1) Within eighteen months after one of the
events in subsection (2) of this section, a county must:
(a) Develop, adopt, and implement a watershed work plan approved by
the department that protects critical areas in areas used for
agricultural activities while maintaining the viability of agriculture
in the watershed. The department shall consult with the departments of
agriculture, ecology, and fish and wildlife and the commission, and
other relevant state agencies before approving or disapproving the
proposed work plan. The appeal of the department's decision under this
subsection is subject to appeal under RCW 36.70A.280;
(b) Adopt development regulations previously adopted under this
chapter by another local government for the purpose of protecting
critical areas in areas used for agricultural activities. Regulations
adopted under this subsection (1)(b) must be from a region with similar
agricultural activities, geography, and geology and must: (i) Be from
Clallam, Clark, King, or Whatcom counties; or (ii) have been upheld by
a growth management hearings board or court after July 1, 2011, where
the board or court determined that the provisions adequately protected
critical areas functions and values in areas used for agricultural
activities;
(c) Adopt development regulations certified by the department as
protective of critical areas in areas used for agricultural activities
as required by this chapter. The county may submit existing or amended
regulations for certification. The department must make its decision
on whether to certify the development regulations within ninety days
after the county submits its request. If the department denies the
certification, the county shall take an action under (a), (b), or (d)
of this subsection. The department must consult with the departments
of agriculture, ecology, and fish and wildlife and the commission
before making a certification under this section. The appeal of the
department's decision under this subsection (1)(c) is subject to appeal
under RCW 36.70A.280; or
(d) Review and, if necessary, revise development regulations
adopted under this chapter to protect critical areas as they relate to
agricultural activities.
(2) A participating watershed is subject to this section if:
(a) The work plan is not approved by the director as provided in
section 7 of this act;
(b) The work plan's goals and benchmarks for protection have not
been met as provided in section 6 of this act;
(c) The commission has determined under section 10 of this act that
the county, department, commission, or departments of agriculture,
ecology, or fish and wildlife have not received adequate funding to
implement a program in the watershed; or
(d) The commission has determined under section 10 of this act that
the watershed has not received adequate funding to implement the
program.
(3) The department shall adopt rules to implement subsection (1)(a)
and (c) of this section.
NEW SECTION. Sec. 10 (1) By July 31, 2015, the commission must:
(a) In consultation with each county that has elected under section
4 of this act to participate in the program, determine which
participating watersheds received adequate funding to establish and
implement the program in a participating watershed by July 1, 2015; and
(b) In consultation with other state agencies, for each
participating watershed determine whether state agencies required to
take action under the provisions of sections 1 through 15 of this act
have received adequate funding to support the program by July 1, 2015.
(2) By July 31, 2017, and every two years thereafter, in
consultation with each county that has elected under section 4 of this
act to participate in the program and other state agencies, the
commission shall determine for each participating watershed whether
adequate funding to implement the program was provided during the
preceding biennium as provided in subsection (1) of this section.
(3) If the commission determines under subsection (1) or (2) of
this section that a participating watershed has not received adequate
funding, the watershed is subject to the provisions of section 9 of
this act.
(4) In consultation with the statewide advisory committee and other
state agencies, not later than August 31, 2015, and each August 31st
every two years thereafter, the commission shall report to the
legislature and each county that has elected under section 4 of this
act to participate in the program on the participating watersheds that
have received adequate funding to establish and implement the program.
NEW SECTION. Sec. 11 (1)(a) From the nominations made under (b)
of this subsection, the commission shall appoint a statewide advisory
committee, consisting of: Two persons representing county government,
two persons representing agricultural organizations, and two persons
representing environmental organizations. The commission, in
conjunction with the governor's office, shall also invite participation
by two representatives of tribal governments.
(b) Organizations representing county, agricultural, and
environmental organizations shall submit nominations of their
representatives to the commission within ninety days of the effective
date of this section. Members of the statewide advisory committee
shall serve two-year terms except that for the first year, one
representative from each of the sectors shall be appointed to the
statewide advisory committee for a term of one year. Members may be
reappointed by the commission for additional two-year terms and
replacement members shall be appointed in accordance with the process
for selection of the initial members of the statewide advisory
committee.
(c) Upon notification of the commission by an appointed member, the
appointed member may designate a person to serve as an alternate.
(d) The executive director of the commission shall serve as a
nonvoting chair of the statewide advisory committee.
(e) Members of the statewide advisory committee shall serve without
compensation and, unless serving as a state officer or employee, are
not eligible for reimbursement for subsistence, lodging, and travel
expenses under RCW 43.03.050 and 43.03.060.
(2) The role of the statewide advisory committee is to advise the
commission and other agencies involved in development and operation of
the program.
NEW SECTION. Sec. 12 (1) Agricultural operators implementing an
individual stewardship plan consistent with a work plan are presumed to
be working toward the protection and enhancement of critical areas.
(2) If the watershed group determines that additional or different
practices are needed to achieve the work plan's goals and benchmarks,
the agricultural operator may not be required to implement those
practices but may choose to implement the revised practices on a
voluntary basis and is eligible for funding to revise the practices.
NEW SECTION. Sec. 13 In developing stewardship practices to
implement the work plan, to the maximum extent practical the watershed
group should:
(1) Avoid management practices that may have unintended adverse
consequences for other habitats, species, and critical areas functions
and values; and
(2) Administer the program in a manner that allows participants to
be eligible for public or private environmental protection and
enhancement incentives while protecting and enhancing critical area
functions and values.
NEW SECTION. Sec. 14 An agricultural operator participating in
the program may withdraw from the program and is not required to
continue voluntary measures after the expiration of an applicable
contract. The watershed group must account for any loss of protection
resulting from withdrawals when establishing goals and benchmarks for
protection and a work plan under section 6 of this act.
NEW SECTION. Sec. 15 Nothing in sections 1 through 14 of this
act may be construed to:
(1) Interfere with or supplant the ability of any agricultural
operator to work cooperatively with a conservation district or
participate in state or federal conservation programs;
(2) Require an agricultural operator to discontinue agricultural
activities legally existing before the effective date of this section;
(3) Prohibit the voluntary sale or leasing of land for conservation
purposes, either in fee or as an easement;
(4) Grant counties or state agencies additional authority to
regulate critical areas on lands used for agricultural activities; and
(5) Limit the authority of a state agency, local government, or
landowner to carry out its obligations under any other federal, state,
or local law.
Sec. 16 RCW 36.70A.130 and 2010 c 216 s 1 and 2010 c 211 s 2 are
each reenacted and amended to read as follows:
(1)(a) Each comprehensive land use plan and development regulations
shall be subject to continuing review and evaluation by the county or
city that adopted them. Except as otherwise provided, a county or city
shall take legislative action to review and, if needed, revise its
comprehensive land use plan and development regulations to ensure the
plan and regulations comply with the requirements of this chapter
according to the deadlines in subsections (4) and (5) of this section.
(b) Except as otherwise provided, a county or city not planning
under RCW 36.70A.040 shall take action to review and, if needed, revise
its policies and development regulations regarding critical areas and
natural resource lands adopted according to this chapter to ensure
these policies and regulations comply with the requirements of this
chapter according to the deadlines in subsections (4) and (5) of this
section. Legislative action means the adoption of a resolution or
ordinance following notice and a public hearing indicating at a
minimum, a finding that a review and evaluation has occurred and
identifying the revisions made, or that a revision was not needed and
the reasons therefor.
(c) The review and evaluation required by this subsection may be
combined with the review required by subsection (3) of this section.
The review and evaluation required by this subsection shall include,
but is not limited to, consideration of critical area ordinances and,
if planning under RCW 36.70A.040, an analysis of the population
allocated to a city or county from the most recent ten-year population
forecast by the office of financial management.
(d) Any amendment of or revision to a comprehensive land use plan
shall conform to this chapter. Any amendment of or revision to
development regulations shall be consistent with and implement the
comprehensive plan.
(2)(a) Each county and city shall establish and broadly disseminate
to the public a public participation program consistent with RCW
36.70A.035 and 36.70A.140 that identifies procedures and schedules
whereby updates, proposed amendments, or revisions of the comprehensive
plan are considered by the governing body of the county or city no more
frequently than once every year. "Updates" means to review and revise,
if needed, according to subsection (1) of this section, and the
deadlines in subsections (4) and (5) of this section or in accordance
with the provisions of subsection (6) of this section. Amendments may
be considered more frequently than once per year under the following
circumstances:
(i) The initial adoption of a subarea plan. Subarea plans adopted
under this subsection (2)(a)(i) must clarify, supplement, or implement
jurisdiction-wide comprehensive plan policies, and may only be adopted
if the cumulative impacts of the proposed plan are addressed by
appropriate environmental review under chapter 43.21C RCW;
(ii) The development of an initial subarea plan for economic
development located outside of the one hundred year floodplain in a
county that has completed a state-funded pilot project that is based on
watershed characterization and local habitat assessment;
(iii) The adoption or amendment of a shoreline master program under
the procedures set forth in chapter 90.58 RCW;
(iv) The amendment of the capital facilities element of a
comprehensive plan that occurs concurrently with the adoption or
amendment of a county or city budget; or
(v) The adoption of comprehensive plan amendments necessary to
enact a planned action under RCW 43.21C.031(2), provided that
amendments are considered in accordance with the public participation
program established by the county or city under this subsection (2)(a)
and all persons who have requested notice of a comprehensive plan
update are given notice of the amendments and an opportunity to
comment.
(b) Except as otherwise provided in (a) of this subsection, all
proposals shall be considered by the governing body concurrently so the
cumulative effect of the various proposals can be ascertained.
However, after appropriate public participation a county or city may
adopt amendments or revisions to its comprehensive plan that conform
with this chapter whenever an emergency exists or to resolve an appeal
of a comprehensive plan filed with the growth management hearings board
or with the court.
(3)(a) Each county that designates urban growth areas under RCW
36.70A.110 shall review, at least every ten years, its designated urban
growth area or areas, and the densities permitted within both the
incorporated and unincorporated portions of each urban growth area. In
conjunction with this review by the county, each city located within an
urban growth area shall review the densities permitted within its
boundaries, and the extent to which the urban growth occurring within
the county has located within each city and the unincorporated portions
of the urban growth areas.
(b) The county comprehensive plan designating urban growth areas,
and the densities permitted in the urban growth areas by the
comprehensive plans of the county and each city located within the
urban growth areas, shall be revised to accommodate the urban growth
projected to occur in the county for the succeeding twenty-year period.
The review required by this subsection may be combined with the review
and evaluation required by RCW 36.70A.215.
(4) Except as provided in subsection (6) of this section, counties
and cities shall take action to review and, if needed, revise their
comprehensive plans and development regulations to ensure the plan and
regulations comply with the requirements of this chapter as follows:
(a) On or before December 1, 2004, for Clallam, Clark, Jefferson,
King, Kitsap, Pierce, Snohomish, Thurston, and Whatcom counties and the
cities within those counties;
(b) On or before December 1, 2005, for Cowlitz, Island, Lewis,
Mason, San Juan, Skagit, and Skamania counties and the cities within
those counties;
(c) On or before December 1, 2006, for Benton, Chelan, Douglas,
Grant, Kittitas, Spokane, and Yakima counties and the cities within
those counties; and
(d) On or before December 1, 2007, for Adams, Asotin, Columbia,
Ferry, Franklin, Garfield, Grays Harbor, Klickitat, Lincoln, Okanogan,
Pacific, Pend Oreille, Stevens, Wahkiakum, Walla Walla, and Whitman
counties and the cities within those counties.
(5) Except as otherwise provided in subsections (6) and (8) of this
section, following the review of comprehensive plans and development
regulations required by subsection (4) of this section, counties and
cities shall take action to review and, if needed, revise their
comprehensive plans and development regulations to ensure the plan and
regulations comply with the requirements of this chapter as follows:
(a) On or before December 1, 2014, and every seven years
thereafter, for Clallam, Clark, Jefferson, King, Kitsap, Pierce,
Snohomish, Thurston, and Whatcom counties and the cities within those
counties;
(b) On or before December 1, 2015, and every seven years
thereafter, for Cowlitz, Island, Lewis, Mason, San Juan, Skagit, and
Skamania counties and the cities within those counties;
(c) On or before December 1, 2016, and every seven years
thereafter, for Benton, Chelan, Douglas, Grant, Kittitas, Spokane, and
Yakima counties and the cities within those counties; and
(d) On or before December 1, 2017, and every seven years
thereafter, for Adams, Asotin, Columbia, Ferry, Franklin, Garfield,
Grays Harbor, Klickitat, Lincoln, Okanogan, Pacific, Pend Oreille,
Stevens, Wahkiakum, Walla Walla, and Whitman counties and the cities
within those counties.
(6)(a) Nothing in this section precludes a county or city from
conducting the review and evaluation required by this section before
the deadlines established in subsections (4) and (5) of this section.
Counties and cities may begin this process early and may be eligible
for grants from the department, subject to available funding, if they
elect to do so.
(b) A county that is subject to a deadline established in
subsection (4)(b) through (d) of this section and meets the following
criteria may comply with the requirements of this section at any time
within the thirty-six months following the deadline established in
subsection (4) of this section: The county has a population of less
than fifty thousand and has had its population increase by no more than
seventeen percent in the ten years preceding the deadline established
in subsection (4) of this section as of that date.
(c) A city that is subject to a deadline established in subsection
(4)(b) through (d) of this section and meets the following criteria may
comply with the requirements of this section at any time within the
thirty-six months following the deadline established in subsection (4)
of this section: The city has a population of no more than five
thousand and has had its population increase by the greater of either
no more than one hundred persons or no more than seventeen percent in
the ten years preceding the deadline established in subsection (4) of
this section as of that date.
(d) A county or city that is subject to a deadline established in
subsection (4)(d) of this section and that meets the criteria
established in subsection (6)(b) or (c) of this section may comply with
the requirements of subsection (4)(d) of this section at any time
within the thirty-six months after the extension provided in subsection
(6)(b) or (c) of this section.
(e) State agencies are encouraged to provide technical assistance
to the counties and cities in the review of critical area ordinances,
comprehensive plans, and development regulations.
(7)(a) The requirements imposed on counties and cities under this
section shall be considered "requirements of this chapter" under the
terms of RCW 36.70A.040(1). Only those counties and cities that meet
the following criteria may receive grants, loans, pledges, or financial
guarantees under chapter 43.155 or 70.146 RCW:
(i) Complying with the deadlines in this section;
(ii) Demonstrating substantial progress towards compliance with the
schedules in this section for development regulations that protect
critical areas; or
(iii) Complying with the extension provisions of subsection (6)(b),
(c), or (d) of this section.
(b) A county or city that is fewer than twelve months out of
compliance with the schedules in this section for development
regulations that protect critical areas is making substantial progress
towards compliance. Only those counties and cities in compliance with
the schedules in this section may receive preference for grants or
loans subject to the provisions of RCW 43.17.250.
(8)(a) Except as otherwise provided in (c) of this subsection, if
a participating watershed is achieving benchmarks and goals for the
protection of critical areas functions and values, the county is not
required to update development regulations to protect critical areas as
they specifically apply to agricultural activities in that watershed.
(b) A county that has made the election under section 4(1) of this
act may only adopt or amend development regulations to protect critical
areas as they specifically apply to agricultural activities in a
participating watershed if:
(i) A work plan has been approved for that watershed in accordance
with section 7 of this act;
(ii) The local watershed group for that watershed has requested the
county to adopt or amend development regulations as part of a work plan
developed under section 6 of this act;
(iii) The adoption or amendment of the development regulations is
necessary to enable the county to respond to an order of the growth
management hearings board or court;
(iv) The adoption or amendment of development regulations is
necessary to address a threat to human health or safety; or
(v) Three or more years have elapsed since the receipt of funding.
(c) Beginning ten years from the date of receipt of funding, a
county that has made the election under section 4(1) of this act must
review and, if necessary, revise development regulations to protect
critical areas as they specifically apply to agricultural activities in
a participating watershed in accordance with the review and revision
requirements and timeline in subsection (5) of this section. This
subsection (8)(c) does not apply to a participating watershed that has
determined under section 6(2)(c)(ii) of this act that the watershed's
goals and benchmarks for protection have been met.
Sec. 17 RCW 36.70A.280 and 2010 c 211 s 7 are each amended to
read as follows:
(1) The growth management hearings board shall hear and determine
only those petitions alleging either:
(a) That, except as provided otherwise by this subsection, a state
agency, county, or city planning under this chapter is not in
compliance with the requirements of this chapter, chapter 90.58 RCW as
it relates to the adoption of shoreline master programs or amendments
thereto, or chapter 43.21C RCW as it relates to plans, development
regulations, or amendments, adopted under RCW 36.70A.040 or chapter
90.58 RCW. Nothing in this subsection authorizes the board to hear
petitions alleging noncompliance with RCW 36.70A.5801; ((or))
(b) That the twenty-year growth management planning population
projections adopted by the office of financial management pursuant to
RCW 43.62.035 should be adjusted;
(c) That the approval of a work plan adopted under section 9(1)(a)
of this act is not in compliance with the requirements of the program
established under section 4 of this act;
(d) That regulations adopted under section 9(1)(b) of this act are
not regionally applicable and cannot be adopted, wholly or partially,
by another jurisdiction; or
(e) That a department certification under section 9(1)(c) of this
act is erroneous.
(2) A petition may be filed only by: (a) The state, or a county or
city that plans under this chapter; (b) a person who has participated
orally or in writing before the county or city regarding the matter on
which a review is being requested; (c) a person who is certified by the
governor within sixty days of filing the request with the board; or (d)
a person qualified pursuant to RCW 34.05.530.
(3) For purposes of this section "person" means any individual,
partnership, corporation, association, state agency, governmental
subdivision or unit thereof, or public or private organization or
entity of any character.
(4) To establish participation standing under subsection (2)(b) of
this section, a person must show that his or her participation before
the county or city was reasonably related to the person's issue as
presented to the board.
(5) When considering a possible adjustment to a growth management
planning population projection prepared by the office of financial
management, the board shall consider the implications of any such
adjustment to the population forecast for the entire state.
The rationale for any adjustment that is adopted by the board must
be documented and filed with the office of financial management within
ten working days after adoption.
If adjusted by the board, a county growth management planning
population projection shall only be used for the planning purposes set
forth in this chapter and shall be known as the "board adjusted
population projection." None of these changes shall affect the
official state and county population forecasts prepared by the office
of financial management, which shall continue to be used for state
budget and planning purposes.
NEW SECTION. Sec. 18 Sections 1 through 15 of this act are each
added to chapter
NEW SECTION. Sec. 19 A new section is added to chapter 43.21C
RCW to read as follows:
(1) Decisions made under section 6 of this act pertaining to work
plans, as defined in section 2 of this act, are not subject to the
requirements of RCW 43.21C.030(2)(c).
(2) Decisions made by a county under section 4 of this act on
whether to participate in the voluntary stewardship program established
by section 3 of this act are not subject to the requirements of RCW
43.21C.030(2)(c).
NEW SECTION. Sec. 20 If any provision of this
act or its
application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other
persons or circumstances is not affected.
NEW SECTION. Sec. 21 If any part of this act is found to be in
conflict with federal requirements that are a prescribed condition to
the allocation of federal funds to the state, the conflicting part of
this act is inoperative solely to the extent of the conflict and with
respect to the agencies directly affected, and this finding does not
affect the operation of the remainder of this act in its application to
the agencies concerned. Rules adopted under this act must meet federal
requirements that are a necessary condition to the receipt of federal
funds by the state.