AN ACT Relating to growth; amending RCW 90.44.050, 90.03.345, 76.09.060, and 76.09.050; adding new sections to chapter 35.63 RCW; adding new sections to chapter 36.70 RCW; adding a new section to chapter 19.27 RCW; adding a new section to chapter 84.33 RCW; adding a new section to chapter 84.34 RCW; adding a new section to chapter 84.28 RCW; adding a new section to chapter 43.63A RCW; creating new sections; and making an appropriation.

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

NEW SECTION. Sec. 1. INTENT. The state of Washington is a naturally beautiful, pleasant, and healthy place in which to live. The natural bounty of the state, the health, safety, and quality of life of its residents, and the financial security of the state and local governments are threatened by the consequences of unplanned growth resulting in the conversion of lands that have long-term importance for the production of food or fiber into other uses, loss of sensitive and critical areas and ecosystems, loss of open spaces, wasteful competition between jurisdictions for certain types of growth, location of new growth in areas without adequate public facilities to support the growth, and uncontrolled sprawl.

It is the intent of the legislature to address these issues from both state and local perspectives, to establish some requirements on a state-wide basis, to establish some requirements on less than a state-wide basis, to permit such requirements to be accomplished by counties and cities with maximum local flexibility, to provide adequate time to conform with such requirements, and to provide resources for such efforts in the form of both financial assistance and technical assistance. Further, it is the intent of the legislature to direct state economic development programs to communities that are experiencing insufficient economic growth.

The state of Washington intends to retain the quality of life and economic prosperity enjoyed during its first century of existence. The pressing issues which will shape the second century were only faintly recognized as such as recently as a decade ago. The state's residents share a vision of a state that includes protection of resource values for their significance to all state residents. In certain instances the presence and importance of these values is not appreciated until they become threatened or disappear. Washington must act now to begin developing its vision of the second century and in preparing plans to bring about that future.

Sec. 2. Section 5, chapter 263, Laws of 1945 as last amended by section 108, chapter 109, Laws of 1987 and RCW 90.44.050 are each amended to read as follows:

END FIVE THOUSAND GALLON EXEMPTION. (1) After June 6, 1945, but prior to July 1, 1990, no withdrawal of public ground waters of the state shall be begun, nor shall any well or other works for such withdrawal be constructed, unless an application to appropriate such waters has been made to the department and a permit has been granted by it as herein provided: EXCEPT, HOWEVER, That any withdrawal of public ground waters for stock-watering purposes, or for the watering of a lawn or of a noncommercial garden not exceeding one-half acre in area, or for single or group domestic uses in an amount not exceeding five thousand gallons a day, or for an industrial purpose in an amount not exceeding five thousand gallons a day, is and shall be exempt from the provisions of this section, but, to the extent that it is regularly used beneficially, shall be entitled to a right equal to that established by a permit issued under the provisions of this chapter: PROVIDED, HOWEVER, That the department from time to time may require the person or agency making any such small withdrawal to furnish information as to the means for and the quantity of that withdrawal: PROVIDED, FURTHER, That at the option of the party making withdrawals of ground waters of the state not exceeding five thousand gallons per day, applications under this section or declarations under RCW 90.44.090 may be filed and permits and certificates obtained in the same manner and under the same requirements as is in this chapter provided in the case of withdrawals in excess of five thousand gallons ((a)) per day.

(2) On or after July 1, 1990, no withdrawal of public ground waters of the state shall be begun, nor shall any well or other works for such withdrawal be constructed unless an application to appropriate such waters has been made to the department and a permit has been granted by it. The department from time to time may require the person or agency making such withdrawal to furnish information as to the quantity of such withdrawal.

(3) The department may deny an application for withdrawal of public ground water to be used for stock watering, watering a lawn or noncommercial garden not exceeding one-half acre in size, or for industrial, single, or group domestic uses not exceeding five thousand gallons per day only where (a) the approval would threaten the present or future water quality or reliability of service, or (b) where the application serves two or more services within a critical ground water supply service area as defined in chapter 70.116 RCW or in a ground water management area as defined pursuant to RCW 90.44.400 and approval would be inconsistent with the comprehensive plan of the local jurisdiction.

(4) The department shall develop an expedited process for applications to withdraw public ground water to be used for stock watering, watering a lawn or noncommercial garden not exceeding one-half acre in size, or for industrial, single, or group domestic uses not exceeding five thousand gallons per day.

Sec. 3. Section 7, chapter 216, Laws of 1979 ex. sess. and RCW 90.03.345 are each amended to read as follows:

WATER RESERVATIONS. The establishment of reservations of water for agriculture, hydroelectric energy, municipal, industrial, and other beneficial uses under RCW 90.54.050(1) or minimum flows or levels under RCW 90.22.010 or 90.54.040 shall constitute appropriations within the meaning of this chapter with priority dates as of the effective dates of their establishment. Whenever an application for a permit to make beneficial use of public waters embodied in a reservation, established after ((~~the effective date of this act~~)) September 1, 1979, is filed with the department of ecology after the effective date of such reservation, the priority date for a permit issued pursuant to an approval by the department of ecology of the application shall be the effective date of the reservation.

Any application for a reservation of water to be used in part or in whole by a public water system, as defined in RCW 70.116.030(3), shall be a participant in a coordinated water system plan. The department may condition the acceptance of an application for a water reservation upon the participation of the applicant in a coordinated water system plan.

NEW SECTION. Sec. 4. A new section is added to chapter 84.33 RCW to read as follows:

TIMBER CONVERSION WAITING PERIOD. (1) Except as provided in subsection (2) of this section, when the owner of any land designated as forest land under RCW 84.33.120(4) or 84.33.130 requests removal of the land from the forest tax designation the county assessor shall notify the appropriate county officials. The county or city shall not issue any permit, where the issuance of the permit would result in a change in land use on the parcel nor shall the county or city accept any application for a permit to change the land use on the parcel for a period of ten years following the date upon which application was made to remove the land from forest land classification.

The provisions of this section shall be in addition to all provisions of this chapter.

(2) Subsection (1) of this section shall not apply to property located in a jurisdiction with a comprehensive land use plan approved pursuant to the provisions of this act.

NEW SECTION. Sec. 5. A new section is added to chapter 84.34 RCW to read as follows:

TIMBER CONVERSION WAITING PERIOD. (1) Except as provided in subsection (2) of this section, when the owner of any land designated as current use classification under this chapter requests removal of the land from the current use classification the county assessor shall notify the appropriate county or city officials. The county or city shall not issue any permit, where the issuance of the permit would result in a change in land use nor shall the county or city accept any application for a permit to change the land use on the parcel for a period of ten years following the date upon which application was made to remove the land from current use classification.

The provisions of this section shall be in addition to all provisions of this chapter.

(2) Subsection (1) of this section shall not apply to property located in a jurisdiction with a comprehensive land use plan approved pursuant to the provisions of this act.

NEW SECTION. Sec. 6. A new section is added to chapter 84.28 RCW to read as follows:

TIMBER CONVERSION WAITING PERIOD. (1) Except as provided in subsection (2) of this section, when the owner of any land designated as reforestation lands under this chapter requests removal of the land from the reforestation land classification the county assessor shall notify the appropriate county or city officials. The county or city shall not issue any permit, where the issuance of the permit would result in a change in land use nor shall the county or city accept any application for a permit to change the land use on the parcel for a period of ten years following the date upon which application was made to remove the land from reforestation land classification.

The provisions of this section shall be in addition to all provisions of this chapter.

(2) Subsection (1) of this section shall not apply to property located in a jurisdiction with a comprehensive land use plan approved pursuant to the provisions of this act.

Sec. 7. Section 6, chapter 137, Laws of 1974 ex. sess. as amended by section 3, chapter 200, Laws of 1975 1st ex. sess. and RCW 76.09.060 are each amended to read as follows:

(1) The department shall prescribe the form and contents of the notification and application. The forest practices regulations shall specify by whom and under what conditions the notification and application shall be signed. The application or notification shall be delivered in person or sent by certified mail to the department. The information required may include, but shall not be limited to:

(a) Name and address of the forest land owner, timber owner, and operator;

(b) Description of the proposed forest practice or practices to be conducted;

(d) Planimetric and topographic maps showing location and size of all lakes and streams and other public waters in and immediately adjacent to the operating area and showing all existing and proposed roads and major tractor roads;

(e) Description of the silvicultural, harvesting, or other forest practice methods to be used, including the type of equipment to be used and materials to be applied;

(f) Proposed plan for reforestation and for any revegetation necessary to reduce erosion potential from roadsides and yarding roads, as required by the forest practices regulations;

(g) Soil, geological, and hydrological data with respect to forest practices;

(h) The expected dates of commencement and completion of all forest practices specified in the application;

(i) Provisions for continuing maintenance of roads and other construction or other measures necessary to afford protection to public resources; and

(j) An affirmation that the statements contained in the notification or application are true.

(2) At the option of the applicant, the application or notification may be submitted to cover a single forest practice or any number of forest practices within reasonable geographic or political boundaries as specified by the department. Long range plans may be submitted to the department for review and consultation.

(3) The application or notification shall indicate whether any land covered by the application or notification will be converted or is intended to be converted to a use other than commercial timber production within ((~~three~~)) ten years after completion of the forest practices described in it.

(a) If the application states that any such land will be or is intended to be so converted:

(i) The reforestation requirements of this chapter and of the forest practices regulations shall not apply if the land is in fact so converted unless applicable alternatives or limitations are provided in forest practices regulations issued under RCW 76.09.070 as now or hereafter amended;

(ii) Completion of such forest practice operations shall be deemed conversion of the lands to another use for purposes of chapters 84.28, 84.33, and 84.34 RCW unless the conversion is to a use permitted under a current use tax agreement permitted under chapter 84.34 RCW;

(iii) The forest practices described in the application are subject to applicable county, city, town, and regional governmental authority permitted under RCW 76.09.240 as now or hereafter amended as well as the forest practices regulations.

No conversion shall be permitted for a period of ten years after completion of the forest practice where the county, city, or town has not adopted a comprehensive land use plan adopted pursuant to this 1990 act. This provision shall not apply to forest practices within a county, city, or town that has adopted a comprehensive land use plan pursuant to this 1990 act.

(b) If the application or notification does not state that any land covered by the application or notification will be or is intended to be so converted:

(i) For ((~~six~~)) ten years after the date of the application for a permit which would result in a conversion of forest lands to a use incompatible with long-term timber production the county ((or)), city, town, and regional governmental entities ((~~may deny~~)) shall refuse to accept or process and shall deny any or all applications for permits or approvals, including building permits and subdivision approvals, relating to nonforestry uses of land subject to the application;

(ii) Failure to comply with the reforestation requirements contained in any final order or decision shall constitute a removal from classification under the provisions of RCW 84.28.065, a removal of designation under the provisions of RCW 84.33.140, and a change of use under the provisions of RCW 84.34.080, and, if applicable, shall subject such lands to the payments and/or penalties resulting from such removals or changes; and

(iii) Conversion to a use other than commercial timber operations within ((~~three~~)) ten years after completion of the forest practices without the consent of the county ((~~or municipality~~)), city , or town shall constitute a violation of each of the county, ((~~municipal~~)) city, town, and regional authorities to which the forest practice operations would have been subject if the application had so stated.

(c) For ten years after the date of an application for a conversion to an agricultural use, the county, city, or town and regional governmental entities shall deny any or all applications for permits or approvals, including building permits and subdivision approvals, relating to nonagricultural uses of land subject to the application.

(d) If a forest practice is conducted without an application or notification required by this chapter, for ten years after the date the forest practice is discovered, the county or city and regional governmental entities shall refuse to accept and process, and shall deny any or all applications for permits or approvals, including building permits and subdivision approvals, relating to nonforestry uses of land subject to the application.

(e) The application or notification shall be either signed by the land owner or accompanied by a statement signed by the land owner indicating his or her intent with respect to conversion and acknowledging that he or she is familiar with the effects of this subsection.

(4) Whenever an approved application authorizes a forest practice which, because of soil condition, proximity to a water course or other unusual factor, has a potential for causing material damage to a public resource, as determined by the department, the applicant shall, when requested on the approved application, notify the department two days before the commencement of actual operations.

(5) Before the operator commences any forest practice in a manner or to an extent significantly different from that described in a previously approved application or notification, there shall be submitted to the department a new application or notification form in the manner set forth in this section.

(6) The notification to or the approval given by the department to an application to conduct a forest practice shall be effective for a term of one year from the date of approval or notification and shall not be renewed unless a new application is filed and approved or a new notification has been filed.

(7) Notwithstanding any other provision of this section, no prior application or notification shall be required for any emergency forest practice necessitated by fire, flood, windstorm, earthquake, or other emergency as defined by the board, but the operator shall submit an application or notification, whichever is applicable, to the department within forty-eight hours after commencement of such practice.

Sec. 8. Section 5, chapter 137, Laws of 1974 ex. sess. as last amended by section 47, chapter 36, Laws of 1988 and RCW 76.09.050 are each amended to read as follows:

(1) The board shall establish by rule which forest practices shall be included within each of the following classes:

Class I: Minimal or specific forest practices that have no direct potential for damaging a public resource that may be conducted without submitting an application or a notification;

Class II: Forest practices which have a less than ordinary potential for damaging a public resource that may be conducted without submitting an application and may begin five calendar days, or such lesser time as the department may determine, after written notification by the operator, in the manner, content, and form as prescribed by the department, is received by the department. Class II shall not include forest practices:

(a) On lands platted after January 1, 1960, or being converted to another use;

(b) Which require approvals under the provisions of the hydraulics act, RCW 75.20.100;

(d) Excluded from Class II by the board;

Class III: Forest practices other than those contained in Class I, II, or IV. A Class III application must be approved or disapproved by the department within thirty calendar days from the date the department receives the application;

Class IV: Forest practices other than those contained in Class I or II: (a) On lands platted after January 1, 1960, (b) on lands being converted to another use, (c) on lands which, pursuant to RCW 76.09.070 as now or hereafter amended, are not to be reforested because of the likelihood of future conversion to urban development, and/or (d) which have a potential for a substantial impact on the environment and therefore require an evaluation by the department as to whether or not a detailed statement must be prepared pursuant to the state environmental policy act, chapter 43.21C RCW. Such evaluation shall be made within ten days from the date the department receives the application: PROVIDED, That nothing herein shall be construed to prevent any local or regional governmental entity from determining that a detailed statement must be prepared for an action pursuant to a Class IV forest practice taken by that governmental entity concerning the land on which forest practices will be conducted. A Class IV application must be approved or disapproved by the department within thirty calendar days from the date the department receives the application, unless the department determines that a detailed statement must be made, in which case the application must be approved or disapproved by the department within sixty calendar days from the date the department receives the application, unless the commissioner of public lands, through the promulgation of a formal order, determines that the process cannot be completed within such period.

As guidance in determining the likelihood of future conversion to urban development the department shall consider all available information, including but not limited to:

(i) Whether the land is assessed under the provisions of chapter 84.28, 84.33, or 84.34 RCW;

(ii) Whether the land is excluded from any local improvement district;

(iii) Whether the classification of the land in the local comprehensive plan or the local zoning ordinance permits or encourages long-term timber production;

(iv) Whether the land lies outside the current or proposed boundary of a city or the urban growth boundary of a city or outside a water or sewer district;

(v) Whether the land has received previous development permit approval; and

(vi) The presence or absence of a forest management plan for the land.

Forest practices under Classes I, II, and III are exempt from the requirements for preparation of a detailed statement under the state environmental policy act.

In reviewing and determining the class of a forest practice application the department shall give substantial weight to the stated intention of the applicant or landowner. Indicators of an intent of the landowner to maintain the land in commercial forestry include the demonstration of a forest management plan, the enrollment of the land under the provisions of chapter 84.28, 84.33, or 84.34 RCW, or previous application for a development permit.

(2) No Class II, Class III, or Class IV forest practice shall be commenced ((~~or continued after January 1, 1975,~~)) unless the department has received a notification with regard to a Class II forest practice or approved an application with regard to a Class III or Class IV forest practice containing all information required by RCW 76.09.060 as now or hereafter amended((: PROVIDED, That any person commencing a forest practice during 1974 may continue such forest practice until April 1, 1975, if such person has submitted an application to the department prior to January 1, 1975: PROVIDED, FURTHER, That)). In the event forest practices regulations necessary for the scheduled implementation of this chapter and RCW 90.48.420 have not been adopted in time to meet such schedules, the department shall have the authority to regulate forest practices and approve applications on such terms and conditions consistent with this chapter and RCW 90.48.420 and the purposes and policies of RCW 76.09.010 until applicable forest practices regulations are in effect.

(3) If a notification or application is delivered in person to the department by the operator or his agent, the department shall immediately provide a dated receipt thereof. In all other cases, the department shall immediately mail a dated receipt to the operator.

(4) Forest practices shall be conducted in accordance with the forest practices regulations, orders and directives as authorized by this chapter or the forest practices regulations, and the terms and conditions of any approved applications.

(5) The department of natural resources shall notify the applicant in writing of either its approval of the application or its disapproval of the application and the specific manner in which the application fails to comply with the provisions of this section or with the forest practices regulations. Except as provided otherwise in this section, if the department fails to either approve or disapprove an application or any portion thereof within the applicable time limit, the application shall be deemed approved and the operation may be commenced: PROVIDED, That this provision shall not apply to applications which are neither approved nor disapproved pursuant to the provisions of subsection (7) of this section: PROVIDED, FURTHER, That if seasonal field conditions prevent the department from being able to properly evaluate the application, the department may issue an approval conditional upon further review within sixty days((: PROVIDED, FURTHER, That the department shall have until April 1, 1975, to approve or disapprove an application involving forest practices allowed to continue to April 1, 1975, under the provisions of subsection (2) of this section)). Upon receipt of any notification or any satisfactorily completed application the department shall in any event no later than two business days after such receipt transmit a copy to the departments of ecology, wildlife, and fisheries, and to the county ((~~in which~~)), city, or town in whose jurisdiction the forest practice is to be commenced. Any comments by such agencies shall be directed to the department of natural resources.

(6) If the county, city, or town believes that an application is inconsistent with this chapter, the forest practices regulations, or any local authority consistent with RCW 76.09.240 as now or hereafter amended, it may so notify the department and the applicant, specifying its objections.

(7) The department shall not approve portions of applications to which a county, city, or town objects if:

(a) The department receives written notice from the county, city, or town of such objections within fourteen business days from the time of transmittal of the application to the county, city, or town, or one day before the department acts on the application, whichever is later; and

(b) The objections relate to lands ((~~either~~)):

(i) Platted after January 1, 1960; ((or))

(ii) Being converted to another use; or

(iii) Which the department has determined are not to be reforested due to the likelihood of future conversion to urban development.

The department shall either disapprove those portions of such application or appeal the county, city, or town objections to the appeals board. If the objections related to subparagraphs (b) (i) and (ii) of this subsection are based on local authority consistent with RCW 76.09.240 as now or hereafter amended, the department shall disapprove the application until such time as the county, city, or town consents to its approval or such disapproval is reversed on appeal. The applicant shall be a party to all department appeals of county, city, or town objections. Unless the county, city, or town either consents or has waived its rights under this subsection, the department shall not approve portions of an application affecting such lands until the minimum time for county, city, or town objections has expired.

(8) In addition to any rights under the above paragraph, the county, city, or town may appeal any department approval of an application with respect to any lands within its jurisdiction. The appeals board may suspend the department's approval in whole or in part pending such appeal where there exists potential for immediate and material damage to a public resource.

(9) Appeals under this section shall be made to the appeals board in the manner and time provided in RCW 76.09.220(8). In such appeals there shall be no presumption of correctness of either the county, city, or town or the department position.

(10) The department shall, within four business days notify the county, city, or town of all notifications, approvals, and disapprovals of an application affecting lands within the county, city, or town, except to the extent the county, city, or town has waived its right to such notice.

(11) A county, city, or town may waive in whole or in part its rights under this section, and may withdraw or modify any such waiver, at any time by written notice to the department.

NEW SECTION. Sec. 9. A new section is added to chapter 35.63 RCW to read as follows:

RESOURCE LAND. When the owner of any land described as agricultural or forestry use in the comprehensive plan of the local jurisdiction requests removal of the land from the agricultural or forestry use the local jurisdiction shall not issue any permit, where the issuance of the permit would result in a change in land use nor shall the local jurisdiction accept any application for a permit to change the land use on the parcel for a period of ten years following the date upon which application was made to remove the land from agricultural or forestry land use.

This section shall not apply to any county or city with a comprehensive land use plan approved pursuant to the provisions of this act.

NEW SECTION. Sec. 10. A new section is added to chapter 36.70 RCW to read as follows:

RESOURCE LAND. When the owner of any land described as agricultural or forestry use in the county comprehensive plan requests removal of the land from the agricultural or forestry use the county shall not issue any permit, where the issuance of the permit would result in a change in land use nor shall the county accept any application for a permit to change the land use on the parcel for a period of ten years following the date upon which application was made to remove the land from agricultural or forestry land use.

This section shall not apply to any county with a comprehensive land use plan approved pursuant to the provisions of this act.

NEW SECTION. Sec. 11. A new section is added to chapter 35.63 RCW to read as follows:

Each city may adopt ordinances governing exceptions to sections 4 through 6, 9, 10 of this act and RCW 76.09.050 and 76.09.060. Exceptions shall be granted solely on presentation of evidence by the landowner that imposition of the specified waiting period would impose an extreme hardship which could not have been reasonably anticipated by the landowner.

NEW SECTION. Sec. 12. A new section is added tochapter 36.70 RCW to read as follows:

Each county may adopt ordinances governing exceptions to sections 4 through 6, 9, 10 of this act and RCW 76.09.050 and 76.09.060. Exceptions shall be granted solely on presentation of evidence by the landowner that imposition of the specified waiting period would impose an extreme hardship which could not have been reasonably anticipated by the landowner.

NEW SECTION. Sec. 13. A new section is added to chapter 19.27 RCW to read as follows:

Each applicant for a building permit shall provide evidence of an adequate water source for the intended use of the building. Evidence may be in the form of a water right certificate from the department of ecology, a letter from an approved water purveyor stating the ability to provide water, or another form adequate to verify the existence of a valid water source. An application for a water right shall not be adequate proof of a valid water source.

NEW SECTION. Sec. 14. A new section is added to chapter 43.63A RCW to read as follows:

INVENTORYING AND COLLECTING DATA. (1) The department shall assist in the process of inventorying and collecting data on public and private land for the acquisition of data describing land uses, demographics, infrastructure, environmentally sensitive areas, transportation corridors physical features, housing, and other information useful in managing growth throughout the state. For this purpose the department shall contract with the department of information services and shall form an advisory group consisting of representatives from state, local, and federal agencies, colleges and universities, and private firms with expertise in land planning, and geographic information systems.

(2) The department shall establish a sequence for acquiring data, giving priority to rapidly growing areas. The data shall be retained in a manner to facilitate its use in preparing maps, aggregating with data from multiple jurisdictions, and comparing changes over time. Data shall further be retained in a manner which permits its access via computer.

(3) By December 1, 1990, the department shall report to the appropriate committees of the house of representatives and senate on the availability of existing data; specific data which is needed but not currently available; data compatibility across jurisdictions; the suitability of various types of data for retention on computer; the cost of collecting, storing, updating, mapping, and manipulating data on a computer; and recommendations on how to maintain an inventory of data which is accessible to any user and whether to maintain the data at a central repository or decentralized repositories.

(4) The department shall work with other state agencies, local governments, and private organizations that are inventorying public and private lands to ensure close coordination and to ensure that duplication of efforts does not occur.

NEW SECTION. Sec. 15. APPROPRIATION--GENERAL FUND. Two hundred fifty thousand dollars, or as much thereof as may be necessary, is appropriated from the general fund to the department of community development, for the biennium ending June 30, 1991, for the inventories under section 14 of this act.

NEW SECTION. Sec. 16. SEVERABILITY CLAUSE. 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. 17. SECTION HEADINGS NOT PART OF LAW. Section headings as used in this act do not constitute any part of the law.