S-0520.1  _______________________________________________

                         SENATE BILL 5244

          _______________________________________________

State of Washington      56th Legislature     1999 Regular Session

By Senators Kline, Heavey, Haugen, Wojahn, McAuliffe and Gardner

Read first time 01/18/1999.  Referred to Committee on State & Local Government.

Clarifying that development regulations be consistent with city and county comprehensive plans.

    AN ACT Relating to comprehensive plans and development regulations; amending RCW 36.70A.120; and creating a new section.

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

NEW SECTION. Sec. 1.  The legislature finds that in the enactment of the growth management act in 1990, the legislature expressed its intent that city and county comprehensive plans be the guiding local documents for land use activities and that the implementation through development regulations be consistent with such plans.  However, a recent appellate court decision has construed the legislation in a manner inconsistent with this intent, even though this issue was neither briefed nor argued by the parties in that case.  It is the purpose of this act to reaffirm the legislature's intent that comprehensive plans providing greater restrictions will control over inconsistent development regulations.

    Sec. 2.  RCW 36.70A.120 and 1993 sp.s. c 6 s 3 are each amended to read as follows:

    Each county and city that is required or chooses to plan under RCW 36.70A.040 shall perform its activities and make capital budget decisions in conformity with its comprehensive plan.  If the policies of the comprehensive plan are more restrictive than the development regulations, then the policies of the comprehensive plan shall apply to any project permit application, as that term is defined in RCW 36.70A.020.

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