1338-S AMH MULL ELGE 30
SHB 1338 - H AMD 290 ADOPTED 3-18-97
By Representative Mulliken
Beginning on page 1, after the enacting clause, strike all of section 1 and insert the following:
"Sec. 1. RCW 36.70A.040 and 1995 c 400 s 1 are each amended to read as follows:
(1)(a)
Each county that has both a population of fifty thousand or more and, until May
16, 1995, has had its population increase by more than ten percent in the
previous ten years or, on or after May 16, 1995, has had its population
increase by more than seventeen percent in the previous ten years, and the
cities located within such county, and any other county regardless of its
population that has had its population increase by more than twenty percent in
the previous ten years, and the cities located within such county, shall ((conform
with all of the requirements of this chapter)) plan under this section.
However, the county legislative authority of such a county with a population of
less than ((fifty)) seventy-five thousand population may adopt a
resolution removing the county, and the cities located within the county, from
the requirement((s of adopting comprehensive land use plans and development
regulations under this chapter)) to plan under this section if this
resolution is adopted and filed with the department by December 31, ((1990,
for counties initially meeting this set of criteria)) 1997, or
within((sixty days))six months of the date the office of
financial management certifies that a county meets this set of criteria under
subsection (5) of this section. A county that adopts a resolution removing
the county, and the cities located within the county, from the requirement to
plan under this section remains subject to the requirements for the designation
and protection of critical areas and the designation of natural resource lands
under RCW 36.70A.060(2), 36.70A.170, and 36.70A.172.
(b)
Once a county meets either of these sets of criteria and the county has not
adopted a resolution under subsection (a) of this section, the requirement
to ((conform with all of the requirements of this chapter)) plan
under this section remains in effect, even if the county no longer meets
one of these sets of criteria.
(2)
The county legislative authority of any county that does not ((meet either
of the sets of criteria established)) plan under ((subsection (1)
of)) this section may adopt a resolution indicating its intention ((to
have subsection (1) of this section apply to)) that the county plan
under this section. Each city, located in a county that ((chooses to
plan)) adopts a resolution under this subsection((,)) shall
((conform with all of the requirements of this chapter)) plan under
this section. Once such a resolution has been adopted, the county and the
cities located within the county remain subject to all of the requirements of
this ((chapter.))section. However, a county with a population of
seventy-five thousand or less that, before the effective date of this act,
adopted a resolution of intention under this subsection to plan under this
section may adopt a resolution removing the county, and the cities located
within the county, from the requirement to plan under this section if the
resolution is adopted and filed with the department by December 31, 1997. A
county that adopts a resolution removing the county, and the cities located within
the county, from the requirement to plan under this section remains subject to
the requirements for the designation and protection of critical areas and the
designation of natural resource lands under RCW 36.70A.060(2), 36.70A.170, and
36.70A.172.
(3)
Any county or city that is initially required to ((conform with all of the
requirements of this chapter)) plan under this section, and,
where applicable, the county legislative authority has not adopted a resolution
removing the county from these requirements as provided in subsection (1)
of this section, shall take actions under this chapter as follows: (a)
The county legislative authority shall adopt a county-wide planning policy
under RCW 36.70A.210; (b) the county and each city located within the county
shall designate critical areas, agricultural lands, forest lands, and mineral
resource lands, and adopt development regulations conserving these designated
agricultural lands, forest lands, and mineral resource lands and protecting
these designated critical areas, under RCW 36.70A.170 and 36.70A.060; (c) the
county shall designate and take other actions related to urban growth areas
under RCW 36.70A.110; (d) if the county has a population of fifty thousand or
more, the county and each city located within the county shall adopt a
comprehensive plan under this chapter and development regulations that are
consistent with and implement the comprehensive plan on or before July 1, 1994,
and if the county has a population of less than fifty thousand, the county and
each city located within the county shall adopt a comprehensive plan under this
chapter and development regulations that are consistent with and implement the
comprehensive plan by January 1, 1995, but if the governor makes written
findings that a county with a population of less than fifty thousand or a city
located within such a county is not making reasonable progress toward adopting
a comprehensive plan and development regulations the governor may reduce this
deadline for such actions to be taken by no more than one hundred eighty days.
Any county or city subject to this subsection may obtain an additional six
months before it is required to have adopted its development regulations by
submitting a letter notifying the department of community, trade, and economic
development of its need prior to the deadline for adopting both a comprehensive
plan and development regulations.
(4)
Any county or city that is required to ((conform with all the requirements
of this chapter)) plan under this section, as a result of the county
legislative authority adopting its resolution of intention under subsection (2)
of this section, and the county legislative authority has not adopted a
resolution removing the county from these requirements under subsection (2) of
this section, shall take actions under this chapter as follows: (a) The
county legislative authority shall adopt a county-wide planning policy under
RCW 36.70A.210; (b) the county and each city that is located within the county
shall adopt development regulations conserving agricultural lands, forest
lands, and mineral resource lands it designated under RCW 36.70A.060 within one
year of the date the county legislative authority adopts its resolution of
intention; (c) the county shall designate and take other actions related to
urban growth areas under RCW 36.70A.110; and (d) the county and each city that
is located within the county shall adopt a comprehensive plan and development
regulations that are consistent with and implement the comprehensive plan not later
than four years from the date the county legislative authority adopts its
resolution of intention, but a county or city may obtain an additional six
months before it is required to have adopted its development regulations by
submitting a letter notifying the department of community, trade, and economic
development of its need prior to the deadline for adopting both a comprehensive
plan and development regulations.
(5)
If the office of financial management certifies that the population of a county
that ((previously had not been required to)) does not plan under
((subsection (1) or (2) of)) this section has changed sufficiently to
meet either of the sets of criteria specified under subsection (1) of this
section, and where applicable, the county legislative authority has not adopted
a resolution removing the county from these requirements as provided in
subsection (1) of this section, the county and each city within such county
shall take actions under this chapter as follows: (a) The county legislative
authority shall adopt a county-wide planning policy under RCW 36.70A.210; (b)
the county and each city located within the county shall adopt development
regulations under RCW 36.70A.060 conserving agricultural lands, forest lands,
and mineral resource lands it designated within one year of the certification
by the office of financial management; (c) the county shall designate and take
other actions related to urban growth areas under RCW 36.70A.110; and (d) the
county and each city located within the county shall adopt a comprehensive land
use plan and development regulations that are consistent with and implement the
comprehensive plan within four years of the certification by the office of
financial management, but a county or city may obtain an additional six months
before it is required to have adopted its development regulations by submitting
a letter notifying the department of community, trade, and economic development
of its need prior to the deadline for adopting both a comprehensive plan and
development regulations.
(6) A copy of each document that is required under this section shall be submitted to the department at the time of its adoption."
Beginning on page 7, line 17, strike all of sections 4 and 5
Renumber the remaining sections consecutively and correct the title.
EFFECT: Counties with a population under 75,000 may remove themselves, and the cities within the counties, from the requirements to adopt comprehensive plans and development regulations under the GMA. All counties and cities in the state, whether or not they plan under the GMA, would remain subject to the requirements to designate natural resource lands and designate and protect critical areas.