SENATE BILL REPORT

SB 6425

BYSenators Talmadge and Murray

Coordinating state and local government land use planning.

Senate Committee on Governmental Operations

Senate Hearing Date(s):February 16, 1990

Senate Staff:Eugene Green (786-7405); Barbara Howard (786-7410)

AS OF FEBRUARY 15, 1990

BACKGROUND:

The need for the legislation is summarized in the findings and intent section.

SUMMARY:

Legislative Findings and Intent.  Washington's natural, scenic and recreational resources contribute greatly to a superior quality of life.  Local governments have the primary responsibility for land use planning and control, but there is a need for coordination among local governments and at the state level.  Where urban development occurs, roads, schools, waste management, and police and fire protection are better provided at higher urban densities.  On the other hand, urban growth should be limited in rural areas with limited public services and where the local economy is sustained by renewable resource lands.

Intent is declared that: (1) local and state land use planning programs provide for a balance of social, economic and environmental concerns; (2) where rapid growth is occurring, land use regulatory programs should place a high priority on the prevention of urban sprawl; (3) statewide goals and guidelines for growth and development policies of local governments are necessary to protect the health, welfare, safety and quality of life of Washington residents; (4) citizen participation should be encouraged at all levels of land use planning; and (5) state agencies involved in land management should coordinate their actions with local governments.

State Responsibilities

Statewide Planning Guidelines.  The lead responsibility for state activity is assigned to the Department of Community Development (DCD).  No later than July 1, 1992, the department must adopt planning guidelines for all city or county comprehensive land use plans which implement the following goals:  conservation and wise use of natural resources; preservation of unique wildlife habitats, important ecosystems, environmentally sensitive areas and lands with significant cultural and geologic value; ensuring diversified recreational opportunities and open space; encouragement of diversified transportation modes; assuring that major developments such as educational and correctional institutions and health care, transportation, waste management and energy facilities are prudently located; encouraging regional planning and balanced growth decisions; and assuring a meaningful role for citizens in planning processes.

Procedure For Adopting Planning Guidelines.  In developing draft land use planning guidelines, DCD shall hold at least one hearing in each congressional district, and shall consult with city and county legislative bodies and executive officials.  The guidelines must be adopted as rules under the state Administrative Policy Act.

Certification of Local Comprehensive Plans.  No later than 24 months after the planning guidelines are adopted, each city and county must submit its revised comprehensive plan to DCD.  The department must either certify the plan as being consistent with the state guidelines or reject it, within 180 days.  The review period may be extended for 180 more days.  If the department rejects the plan, it must specify the deficiencies and describe required changes.  Major plan amendments must also be submitted for approval, but the department may adopt rules describing minor plan amendments which do not require certification.

Urban Growth Boundaries.  No later than July 1, 1992, the department must adopt rules defining standards for county adoption of urban growth boundaries.  The rules shall describe the levels of urban governmental services which should be planned for areas intended for urban growth.  Criteria must be established for counties to follow in setting urban growth boundaries relating to agriculture and forest production, natural resources and the environment, population trends, urban governmental service capacity, patterns of commercial and industrial development, population trends, residential characteristics and community identity, affordable housing, and needs of public agencies.

Enforcement and Sanctions.  Each city and county must have obtained certification of its comprehensive land use plan no later than 36 months following adoption of the state planning guidelines.  If a city or county fails to comply, the department or any aggrieved person may seek review in superior court for the county in which the plan applies.

After January 1, 1996, no state agency shall extend financial assistance for provision of urban governmental services to a city or county which does not have a certified comprehensive land use plan.  By the same date, each state agency providing such financial assistance must adopt and apply guidelines that place a higher priority for grants on projects identified in a certified plan.

Before the end of each even-numbered year, DCD must submit a report to the Governor and the Legislature describing the progress on implementation of the process, including a review of conformance by state agencies with state guidelines.

Local Government Responsibilities

Mandatory Comprehensive Plans.  No later than 24 months following final adoption of the state planning guidelines, each city and county must adopt or make revisions to its comprehensive land use plan to make it consistent with the state guidelines.  Each county and city must establish procedures for early and continuous public participation in the planning process.

Urban Growth Boundaries.  In the same time period, each county must prescribe urban growth boundaries as an element of its comprehensive plan.  The proposed boundaries must be submitted to DCD for certification in the same manner as for local comprehensive plans.  Following certification of the county comprehensive land use plan, no urban governmental services may be extended outside of an urban growth boundary unless approved by the county legislative authority or planning commission.  A county may not approve facilities or systems outside an urban growth boundary for urban governmental services projected beyond five years in the future without amending the urban growth boundary and obtaining certification from DCD.  These provisions do not apply to services within incorporated boundaries of cities or towns.

Development Regulations.  Within 18 months of certification of a comprehensive plan, each city and county must enact development regulations to implement the plan and file a copy of the regulations with the department.

Boundary review boards and annexation review boards must act consistently with certified comprehensive land use plans, and may not approve inconsistent boundary revisions, annexations or incorporations.

Miscellaneous Provisions

All state agencies must comply with the development regulations of cities and counties.  Where a development regulation does not specifically permit a state land use, it must provide a procedure for issuing an extraordinary use permit.  An application for an extraordinary use permit must be made to the local legislative body, which must conduct a hearing within 30 days.

A local government may issue a conditional permit to ensure that the state project complies with the state guidelines, or it may deny the permit if the project would cause unacceptable adverse impacts on public health or safety or the environment which cannot be resolved by economically feasible mitigation measures.

Activities of state concern are defined as major new construction or additions for airports; port facilities; power transmission, gas and oil lines; sewer trunk lines; new municipal and industrial water supply systems; land application of municipal sewage sludge; solid waste disposal facilities; correctional facilities administered by the Department of Corrections or the Department of Social and Health Services.  Local governments may issue conditional permits for such projects.

Appropriation:    Unspecified amount to the Department of Community Development to carry out the provisions of the act, including grants to local governments for developing the comprehensive plans.

Revenue:    none

Fiscal Note:      requested February 9, 1990