WSR 00-22-030

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF COMMUNITY,

TRADE AND ECONOMIC DEVELOPMENT

[ Filed October 24, 2000, 9:35 a.m. ]

Subject of Possible Rule Making: Title 365 WAC, criteria and guidance to assist local governments planning under RCW 36.70A.040 to analyze the consistency of project actions with the applicable development regulations, or in the absence of development regulations, the adopted comprehensive plan.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 36.70B.040.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: RCW 36.70B.040 authorizes the Department of Community, Trade and Economic Development (CTED) to adopt by rule criteria to analyze project consistency. Local governments planning under the Growth Management Act need guidance on how to analyze project consistency when consistency with applicable regulations or comprehensive plan policies is not clear.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

Process for Developing New Rule: The rule was developed by a drafting committee and circulated for comment among the members of the 1724 Advisory Committee to amend the SEPA rules, interest groups, counties, and cities.

     Over a period of two years, the Department of Ecology and CTED met with the 1724 Advisory Committee consisting of county and city planners, environmental and citizen groups, the business community, and other state agencies. The advisory committee was convened to develop amendments to chapter 197-11 WAC to integrate SEPA and the Growth Management Act, including criteria for project consistency. The draft amendments were circulated for statewide public comment and hearings. Subsequently, in 1997, rule-making authority to develop the consistency criteria was transferred to CTED.

     The results of ecology's process are being relied upon as part of this CTED rule-making process. The former SEPA rule advisory committee and a smaller drafting committee will continue to be used to develop this rule.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting the Department of Community, Trade and Economic Development, Office of Community Development, Growth Management Division, P.O. Box 48350, Olympia, WA 98504-8350, Shane Hope, Managing Director, (360) 725-3055, or Heather Ballash, Senior Planner, (360) 725-3046.

October 17, 2000

Busse Nutley, Director

Office of Community Development

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