AN
ACT Relating to job retention in rural counties; amending RCW 36.70A.070; and
adding a new section to chapter 36.70A RCW.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. A
new section is added to chapter 36.70A RCW to read as follows:
The
legislature finds that this chapter is intended to recognize the importance of
rural lands and rural character to Washington's economy, its people, and its
environment, while respecting regional differences. Rural lands and rural‑based
economies enhance the economic desirability of the state, help to preserve
traditional economic activities, and contribute to the state's overall quality
of life.
The
legislature finds that to retain and enhance the job base in rural areas, rural
counties must have flexibility to create opportunities for business
development. Further, the legislature finds that rural counties must have the
flexibility to retain existing businesses and allow them to expand. The
legislature recognizes that not all business developments in rural counties
require an urban level of services; and that many businesses in rural areas fit
within the definition of rural character identified by the local planning unit.
Finally,
the legislature finds that in defining its rural element under RCW 36.70A.070(5),
a county should foster land use patterns and develop a local vision of rural
character that will: Help preserve rural‑based economies and traditional
rural lifestyles; encourage the economic prosperity of rural residents; foster
opportunities for small-scale, rural-based employment and self‑employment;
permit the operation of rural-based agricultural, commercial, recreational, and
tourist businesses that are consistent with existing and planned land use
patterns; be compatible with the use of the land by wildlife and for fish and
wildlife habitat; foster the private stewardship of the land and preservation
of open space; and enhance the rural sense of community and quality of life.
Sec.
2. RCW
36.70A.070 and 1998 c 171 s 2 are each amended to read as follows:
The
comprehensive plan of a county or city that is required or chooses to plan
under RCW 36.70A.040 shall consist of a map or maps, and descriptive text
covering objectives, principles, and standards used to develop the
comprehensive plan. The plan shall be an internally consistent document and
all elements shall be consistent with the future land use map. A comprehensive
plan shall be adopted and amended with public participation as provided in RCW
36.70A.140.
Each
comprehensive plan shall include a plan, scheme, or design for each of the
following:
(1)
A land use element designating the proposed general distribution and general
location and extent of the uses of land, where appropriate, for agriculture, timber
production, housing, commerce, industry, recreation, open spaces, general
aviation airports, public utilities, public facilities, and other land uses.
The land use element shall include population densities, building intensities,
and estimates of future population growth. The land use element shall provide
for protection of the quality and quantity of ground water used for public
water supplies. Where applicable, the land use element shall review drainage,
flooding, and storm water run-off in the area and nearby jurisdictions and
provide guidance for corrective actions to mitigate or cleanse those discharges
that pollute waters of the state, including Puget Sound or waters entering
Puget Sound.
(2)
A housing element ensuring the vitality and character of established
residential neighborhoods that: (a) Includes an inventory and analysis of
existing and projected housing needs; (b) includes a statement of goals,
policies, objectives, and mandatory provisions for the preservation,
improvement, and development of housing, including single-family residences;
(c) identifies sufficient land for housing, including, but not limited to,
government-assisted housing, housing for low-income families, manufactured
housing, multifamily housing, and group homes and foster care facilities; and
(d) makes adequate provisions for existing and projected needs of all economic
segments of the community.
(3)
A capital facilities plan element consisting of: (a) An inventory of existing
capital facilities owned by public entities, showing the locations and
capacities of the capital facilities; (b) a forecast of the future needs for
such capital facilities; (c) the proposed locations and capacities of expanded
or new capital facilities; (d) at least a six-year plan that will finance such
capital facilities within projected funding capacities and clearly identifies
sources of public money for such purposes; and (e) a requirement to reassess
the land use element if probable funding falls short of meeting existing needs
and to ensure that the land use element, capital facilities plan element, and
financing plan within the capital facilities plan element are coordinated and
consistent.
(4)
A utilities element consisting of the general location, proposed location, and
capacity of all existing and proposed utilities, including, but not limited to,
electrical lines, telecommunication lines, and natural gas lines.
(5)
Rural element. Counties shall include a rural element including lands that are
not designated for urban growth, agriculture, forest, or mineral resources.
The following provisions shall apply to the rural element:
(a)
Growth management act goals and local circumstances. Because circumstances
vary from county to county, in establishing patterns of rural densities and uses,
a county may consider local circumstances, but shall develop a written record
explaining how the rural element harmonizes the planning goals in RCW
36.70A.020 and meets the requirements of this chapter.
(b)
Rural development. The rural element shall permit rural development, forestry,
and agriculture in rural areas. The rural element shall provide for a variety
of rural densities, uses, essential public facilities, and rural governmental
services needed to serve the permitted densities and uses. In order to achieve
a variety of rural densities and uses, counties may provide for clustering,
density transfer, design guidelines, conservation easements, and other
innovative techniques that will accommodate appropriate rural densities and
uses that are not characterized by urban growth and that are consistent with
rural character.
(c)
Measures governing rural development. The rural element shall include measures
that apply to rural development and protect the rural character of the area, as
established by the county, by:
(i)
Containing or otherwise controlling rural development;
(ii)
Assuring visual compatibility of rural development with the surrounding rural
area;
(iii)
Reducing the inappropriate conversion of undeveloped land into sprawling,
low-density development in the rural area;
(iv)
Protecting critical areas, as provided in RCW 36.70A.060, and surface water and
ground water resources; and
(v)
Protecting against conflicts with the use of agricultural, forest, and mineral
resource lands designated under RCW 36.70A.170.
(d)
Limited areas of more intensive rural development. Subject to the requirements
of this subsection and except as otherwise specifically provided in this
subsection (5)(d), the rural element may allow for limited areas of more
intensive rural development, including necessary public facilities and public
services to serve the limited area as follows:
(i)
Rural development consisting of the infill, development, or redevelopment of
existing commercial, industrial, residential, or mixed-use areas, whether
characterized as shoreline development, villages, hamlets, rural activity
centers, or crossroads developments. A commercial, industrial, residential,
shoreline, or mixed-use area shall be subject to the requirements of (d)(iv) of
this subsection, but shall not be subject to the requirements of (c)(ii) and
(iii) of this subsection. An industrial area is not required to be principally
designed to serve the existing and projected rural population;
(ii)
The intensification of development on lots containing, or new development of,
small-scale recreational or tourist uses, including commercial facilities to
serve those recreational or tourist uses, that rely on a rural location and
setting, but that do not include new residential development. A small-scale
recreation or tourist use is not required to be principally designed to serve
the existing and projected rural population. Public services and public
facilities shall be limited to those necessary to serve the recreation or
tourist use and shall be provided in a manner that does not permit low-density
sprawl;
(iii)
The intensification of development on lots containing isolated nonresidential
uses or new development of isolated cottage industries and isolated small-scale
businesses that are not principally designed to serve the existing and
projected rural population and nonresidential uses, but do provide job
opportunities for rural residents. Rural counties may allow the expansion
of small-scale businesses as long as those small-scale businesses conform with
the rural character of the area as defined by the local government according to
RCW 36.70A.030(14). Rural counties may also allow new small-scale businesses
to utilize a site previously occupied by an existing business as long as the
new small-scale business conforms to the rural character of the area as defined
by the local government according to RCW 36.70A.030(14). Public services
and public facilities shall be limited to those necessary to serve the isolated
nonresidential use and shall be provided in a manner that does not permit
low-density sprawl;
(iv)
A county shall adopt measures to minimize and contain the existing areas or
uses of more intensive rural development, as appropriate, authorized under this
subsection. Lands included in such existing areas or uses shall not extend
beyond the logical outer boundary of the existing area or use, thereby allowing
a new pattern of low-density sprawl. Existing areas are those that are clearly
identifiable and contained and where there is a logical boundary delineated
predominately by the built environment, but that may also include undeveloped
lands if limited as provided in this subsection. The county shall establish
the logical outer boundary of an area of more intensive rural development. In
establishing the logical outer boundary the county shall address (A) the need
to preserve the character of existing natural neighborhoods and communities,
(B) physical boundaries such as bodies of water, streets and highways, and land
forms and contours, (C) the prevention of abnormally irregular boundaries, and
(D) the ability to provide public facilities and public services in a manner
that does not permit low-density sprawl;
(v)
For purposes of (d) of this subsection, an existing area or existing use is one
that was in existence:
(A)
On July 1, 1990, in a county that was initially required to plan under all of
the provisions of this chapter;
(B)
On the date the county adopted a resolution under RCW 36.70A.040(2), in a
county that is planning under all of the provisions of this chapter under RCW
36.70A.040(2); or
(C)
On the date the office of financial management certifies the county's
population as provided in RCW 36.70A.040(5), in a county that is planning under
all of the provisions of this chapter pursuant to RCW 36.70A.040(5).
(e)
Exception. This subsection shall not be interpreted to permit in the rural
area a major industrial development or a master planned resort unless otherwise
specifically permitted under RCW 36.70A.360 and 36.70A.365.
(6)
A transportation element that implements, and is consistent with, the land use
element.
(a)
The transportation element shall include the following subelements:
(i)
Land use assumptions used in estimating travel;
(ii)
Estimated traffic impacts to state-owned transportation facilities resulting
from land use assumptions to assist the department of transportation in
monitoring the performance of state facilities, to plan improvements for the
facilities, and to assess the impact of land-use decisions on state-owned
transportation facilities;
(iii)
Facilities and services needs, including:
(A)
An inventory of air, water, and ground transportation facilities and services,
including transit alignments and general aviation airport facilities, to define
existing capital facilities and travel levels as a basis for future planning.
This inventory must include state-owned transportation facilities within the
city or county's jurisdiction boundaries;
(B)
Level of service standards for all locally owned arterials and transit routes
to serve as a gauge to judge performance of the system. These standards should
be regionally coordinated;
(C)
For state-owned transportation facilities, level of service standards for highways,
as prescribed in chapters 47.06 and 47.80 RCW, to gauge the performance of the
system. The purposes of reflecting level of service standards for state
highways in the local comprehensive plan are to monitor the performance of the
system, to evaluate improvement strategies, and to facilitate coordination
between the county's or city's six-year street, road, or transit program and
the department of transportation's six-year investment program. The
concurrency requirements of (b) of this subsection do not apply to
transportation facilities and services of statewide significance except for
counties consisting of islands whose only connection to the mainland are state
highways or ferry routes. In these island counties, state highways and ferry
route capacity must be a factor in meeting the concurrency requirements in (b)
of this subsection;
(D)
Specific actions and requirements for bringing into compliance locally owned
transportation facilities or services that are below an established level of
service standard;
(E)
Forecasts of traffic for at least ten years based on the adopted land use plan
to provide information on the location, timing, and capacity needs of future
growth;
(F)
Identification of state and local system needs to meet current and future
demands. Identified needs on state-owned transportation facilities must be
consistent with the statewide multimodal transportation plan required under
chapter 47.06 RCW;
(iv)
Finance, including:
(A)
An analysis of funding capability to judge needs against probable funding
resources;
(B)
A multiyear financing plan based on the needs identified in the comprehensive
plan, the appropriate parts of which shall serve as the basis for the six-year
street, road, or transit program required by RCW 35.77.010 for cities, RCW
36.81.121 for counties, and RCW 35.58.2795 for public transportation systems.
The multiyear financing plan should be coordinated with the six-year
improvement program developed by the department of transportation as required
by RCW 47.05.030;
(C)
If probable funding falls short of meeting identified needs, a discussion of
how additional funding will be raised, or how land use assumptions will be
reassessed to ensure that level of service standards will be met;
(v)
Intergovernmental coordination efforts, including an assessment of the impacts
of the transportation plan and land use assumptions on the transportation
systems of adjacent jurisdictions;
(vi)
Demand-management strategies.
(b)
After adoption of the comprehensive plan by jurisdictions required to plan or
who choose to plan under RCW 36.70A.040, local jurisdictions must adopt and
enforce ordinances which prohibit development approval if the development
causes the level of service on a locally owned transportation facility to
decline below the standards adopted in the transportation element of the
comprehensive plan, unless transportation improvements or strategies to
accommodate the impacts of development are made concurrent with the
development. These strategies may include increased public transportation
service, ride sharing programs, demand management, and other transportation
systems management strategies. For the purposes of this subsection (6)
"concurrent with the development" shall mean that improvements or
strategies are in place at the time of development, or that a financial
commitment is in place to complete the improvements or strategies within six
years.
(c)
The transportation element described in this subsection (6), and the six-year
plans required by RCW 35.77.010 for cities, RCW 36.81.121 for counties, RCW
35.58.2795 for public transportation systems, and RCW 47.05.030 for the state,
must be consistent.
