BILL REQ. #: H-1598.4
|State of Washington||59th Legislature||2005 Regular Session|
READ FIRST TIME 02/21/05.
AN ACT Relating to limited recreational activities, playing fields, and supporting facilities existing before January 1, 2004, on designated recreational lands in jurisdictions planning under RCW 36.70A.040; amending RCW 36.70A.030, 36.70A.060, and 36.70A.130; adding new sections to chapter 36.70A RCW; creating new sections; providing an expiration date; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 The legislature recognizes the need for
playing fields and supporting facilities for sports played on grass as
well as the need to preserve agricultural land of long-term commercial
significance. With thoughtful and deliberate planning, and adherence
to the goals and requirements of the growth management act, both needs
can be met.
The legislature acknowledges the state's interest in preserving the agricultural industry and family farms, and recognizes that the state's rich and productive lands enable agricultural production. Because of its unique qualities and limited quantities, designated agricultural land of long-term commercial significance is best suited for agricultural and farm uses, not recreational uses.
The legislature acknowledges also that certain local governments have either failed or neglected to properly plan for population growth and the sufficient number of playing fields and supporting facilities needed to accommodate this growth. The legislature recognizes that citizens responded to this lack of planning, fields, and supporting facilities by constructing nonconforming fields and facilities on agricultural lands of long-term commercial significance. It is the intent of the legislature to permit the continued existence and use of these fields and facilities in very limited circumstances if specific criteria are satisfied within a limited time frame. It is also the intent of the legislature to grant this authorization without diminishing the designation and preservation requirements of the growth management act pertaining to Washington's invaluable farmland.
The legislature recognizes also that many local governments face difficult choices when determining whether to adequately fund needed services or to provide outdoor recreational facilities that enhance the health and quality of life of its citizenry. The legislature, therefore, intends to establish a study committee on outdoor recreation to examine relevant issues and seek long-term solutions for local governments as they respond to growing needs for recreational facilities.
Sec. 2 RCW 36.70A.030 and 1997 c 429 s 3 are each amended to read
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Adopt a comprehensive land use plan" means to enact a new comprehensive land use plan or to update an existing comprehensive land use plan.
(2) "Agricultural land" means land primarily devoted to the commercial production of horticultural, viticultural, floricultural, dairy, apiary, vegetable, or animal products or of berries, grain, hay, straw, turf, seed, Christmas trees not subject to the excise tax imposed by RCW 84.33.100 through 84.33.140, finfish in upland hatcheries, or livestock, and that has long-term commercial significance for agricultural production.
(3) "City" means any city or town, including a code city.
(4) "Comprehensive land use plan," "comprehensive plan," or "plan" means a generalized coordinated land use policy statement of the governing body of a county or city that is adopted pursuant to this chapter.
(5) "Critical areas" include the following areas and ecosystems: (a) Wetlands; (b) areas with a critical recharging effect on aquifers used for potable water; (c) fish and wildlife habitat conservation areas; (d) frequently flooded areas; and (e) geologically hazardous areas.
(6) "Department" means the department of community, trade, and economic development.
(7) "Development regulations" or "regulation" means the controls placed on development or land use activities by a county or city, including, but not limited to, zoning ordinances, critical areas ordinances, shoreline master programs, official controls, planned unit development ordinances, subdivision ordinances, and binding site plan ordinances together with any amendments thereto. A development regulation does not include a decision to approve a project permit application, as defined in RCW 36.70B.020, even though the decision may be expressed in a resolution or ordinance of the legislative body of the county or city.
(8) "Forest land" means land primarily devoted to growing trees for long-term commercial timber production on land that can be economically and practically managed for such production, including Christmas trees subject to the excise tax imposed under RCW 84.33.100 through 84.33.140, and that has long-term commercial significance. In determining whether forest land is primarily devoted to growing trees for long-term commercial timber production on land that can be economically and practically managed for such production, the following factors shall be considered: (a) The proximity of the land to urban, suburban, and rural settlements; (b) surrounding parcel size and the compatibility and intensity of adjacent and nearby land uses; (c) long-term local economic conditions that affect the ability to manage for timber production; and (d) the availability of public facilities and services conducive to conversion of forest land to other uses.
(9) "Geologically hazardous areas" means areas that because of their susceptibility to erosion, sliding, earthquake, or other geological events, are not suited to the siting of commercial, residential, or industrial development consistent with public health or safety concerns.
(10) "Long-term commercial significance" includes the growing capacity, productivity, and soil composition of the land for long-term commercial production, in consideration with the land's proximity to population areas, and the possibility of more intense uses of the land.
(11) "Minerals" include gravel, sand, and valuable metallic substances.
(12) "Public facilities" include streets, roads, highways, sidewalks, street and road lighting systems, traffic signals, domestic water systems, storm and sanitary sewer systems, parks and recreational facilities, and schools.
(13) "Public services" include fire protection and suppression, law enforcement, public health, education, recreation, environmental protection, and other governmental services.
(14) "Recreational land" means land so designated under section 4 of this act and that, immediately prior to this designation, was designated as agricultural land of long-term commercial significance under RCW 36.70A.170. Recreational land must have playing fields and supporting facilities existing before January 1, 2004, for sports played on grass playing fields.
(15) "Rural character" refers to the patterns of land use and development established by a county in the rural element of its comprehensive plan:
(a) In which open space, the natural landscape, and vegetation predominate over the built environment;
(b) That foster traditional rural lifestyles, rural-based economies, and opportunities to both live and work in rural areas;
(c) That provide visual landscapes that are traditionally found in rural areas and communities;
(d) That are compatible with the use of the land by wildlife and for fish and wildlife habitat;
(e) That reduce the inappropriate conversion of undeveloped land into sprawling, low-density development;
(f) That generally do not require the extension of urban governmental services; and
(g) That are consistent with the protection of natural surface water flows and ground water and surface water recharge and discharge areas.
(15))) (16) "Rural development" refers to development outside the
urban growth area and outside agricultural, forest, and mineral
resource lands designated pursuant to RCW 36.70A.170. Rural
development can consist of a variety of uses and residential densities,
including clustered residential development, at levels that are
consistent with the preservation of rural character and the
requirements of the rural element. Rural development does not refer to
agriculture or forestry activities that may be conducted in rural
(16))) (17) "Rural governmental services" or "rural services"
include those public services and public facilities historically and
typically delivered at an intensity usually found in rural areas, and
may include domestic water systems, fire and police protection
services, transportation and public transit services, and other public
utilities associated with rural development and normally not associated
with urban areas. Rural services do not include storm or sanitary
sewers, except as otherwise authorized by RCW 36.70A.110(4).
(17))) (18) "Urban growth" refers to growth that makes intensive
use of land for the location of buildings, structures, and impermeable
surfaces to such a degree as to be incompatible with the primary use of
land for the production of food, other agricultural products, or fiber,
or the extraction of mineral resources, rural uses, rural development,
and natural resource lands designated pursuant to RCW 36.70A.170. A
pattern of more intensive rural development, as provided in RCW
36.70A.070(5)(d), is not urban growth. When allowed to spread over
wide areas, urban growth typically requires urban governmental
services. "Characterized by urban growth" refers to land having urban
growth located on it, or to land located in relationship to an area
with urban growth on it as to be appropriate for urban growth.
(18))) (19) "Urban growth areas" means those areas designated by
a county pursuant to RCW 36.70A.110.
(19))) (20) "Urban governmental services" or "urban services"
include those public services and public facilities at an intensity
historically and typically provided in cities, specifically including
storm and sanitary sewer systems, domestic water systems, street
cleaning services, fire and police protection services, public transit
services, and other public utilities associated with urban areas and
normally not associated with rural areas.
(20))) (21) "Wetland" or "wetlands" means areas that are
inundated or saturated by surface water or ground water at a frequency
and duration sufficient to support, and that under normal circumstances
do support, a prevalence of vegetation typically adapted for life in
saturated soil conditions. Wetlands generally include swamps, marshes,
bogs, and similar areas. Wetlands do not include those artificial
wetlands intentionally created from nonwetland sites, including, but
not limited to, irrigation and drainage ditches, grass-lined swales,
canals, detention facilities, wastewater treatment facilities, farm
ponds, and landscape amenities, or those wetlands created after July 1,
1990, that were unintentionally created as a result of the construction
of a road, street, or highway. Wetlands may include those artificial
wetlands intentionally created from nonwetland areas created to
mitigate conversion of wetlands.
Sec. 3 RCW 36.70A.060 and 1998 c 286 s 5 are each amended to read
(1)(a) Except as provided in section 4 of this act, each county that is required or chooses to plan under RCW 36.70A.040, and each city within such county, shall adopt development regulations on or before September 1, 1991, to assure the conservation of agricultural, forest, and mineral resource lands designated under RCW 36.70A.170. Regulations adopted under this subsection may not prohibit uses legally existing on any parcel prior to their adoption and shall remain in effect until the county or city adopts development regulations pursuant to RCW 36.70A.040. Such regulations shall assure that the use of lands adjacent to agricultural, forest, or mineral resource lands shall not interfere with the continued use, in the accustomed manner and in accordance with best management practices, of these designated lands for the production of food, agricultural products, or timber, or for the extraction of minerals.
(b) Counties and cities shall require that all plats, short plats, development permits, and building permits issued for development activities on, or within five hundred feet of, lands designated as agricultural lands, forest lands, or mineral resource lands, contain a notice that the subject property is within or near designated agricultural lands, forest lands, or mineral resource lands on which a variety of commercial activities may occur that are not compatible with residential development for certain periods of limited duration. The notice for mineral resource lands shall also inform that an application might be made for mining-related activities, including mining, extraction, washing, crushing, stockpiling, blasting, transporting, and recycling of minerals.
(2) Each county and city shall adopt development regulations that protect critical areas that are required to be designated under RCW 36.70A.170. For counties and cities that are required or choose to plan under RCW 36.70A.040, such development regulations shall be adopted on or before September 1, 1991. For the remainder of the counties and cities, such development regulations shall be adopted on or before March 1, 1992.
(3) Such counties and cities shall review these designations and development regulations when adopting their comprehensive plans under RCW 36.70A.040 and implementing development regulations under RCW 36.70A.120 and may alter such designations and development regulations to insure consistency.
(4) Forest land and agricultural land located within urban growth areas shall not be designated by a county or city as forest land or agricultural land of long-term commercial significance under RCW 36.70A.170 unless the city or county has enacted a program authorizing transfer or purchase of development rights.
NEW SECTION. Sec. 4 A new section is added to chapter 36.70A RCW
to read as follows:
(1)(a) The legislative authority of a county subject to the provisions of RCW 36.70A.215 with a population fewer than one million and a total market value of production greater than one hundred twenty-five million dollars as reported by the United States department of agriculture's 2002 census of agriculture county profile may, by resolution, and in accordance with the requirements of RCW 36.70A.035 and 36.70A.140, designate agricultural lands designated pursuant to RCW 36.70A.170 as recreational lands. Lands eligible for designation as recreational lands must not be in use for the commercial production of food or other agricultural products and must have playing fields and supporting facilities existing before January 1, 2004, for sports played on grass playing fields.
(b) Designated recreational lands may be used only for athletic or related activities, playing fields, and supporting facilities for sports played on grass playing fields or for agricultural uses.
(c) The recreational lands designation shall supersede previous designations and shall require an amendment to the comprehensive plan prepared pursuant to RCW 36.70A.070.
(2) Lands eligible for designation as recreational land must be registered by the property owner or owners with the county within which the land is located no fewer than ninety days before being designated as recreational land.
(3) Agricultural lands of long-term commercial significance designated under RCW 36.70A.170: (a) That were purchased in full or in part with public funds; or (b) with property rights or interests that were purchased in full or in part with public funds,
may not be designated as recreational land.
(4) Playing fields and supporting facilities for sports played on grass playing fields must comply with applicable permitting requirements and development regulations. The size and capacity of the playing fields and supporting facilities, irrespective of parcel size, may not exceed the infrastructure capacity of the county within which the fields and facilities are located.
(5) The designation of recreational land shall not affect other lands designated under RCW 36.70A.170(1)(b), and shall not preclude reversion to agricultural uses.
(6) This section expires June 30, 2006.
NEW SECTION. Sec. 5 A new section is added to chapter 36.70A RCW
to read as follows:
In accordance with sections 2 through 4 of this act and RCW 36.70A.130, playing fields and supporting facilities existing before January 1, 2004, on designated recreational lands shall be considered in compliance with the requirements of this chapter.
Sec. 6 RCW 36.70A.130 and 2002 c 320 s 1 are each amended to read
(1)(a) Each comprehensive land use plan and development regulations shall be subject to continuing review and evaluation by the county or city that adopted them. A county or city shall take legislative action to review and, if needed, revise its comprehensive land use plan and development regulations to ensure the plan and regulations comply with the requirements of this chapter according to the time periods specified in subsection (4) of this section. A county or city not planning under RCW 36.70A.040 shall take action to review and, if needed, revise its policies and development regulations regarding critical areas and natural resource lands adopted according to this chapter to ensure these policies and regulations comply with the requirements of this chapter according to the time periods specified in subsection (4) of this section. Legislative action means the adoption of a resolution or ordinance following notice and a public hearing indicating at a minimum, a finding that a review and evaluation has occurred and identifying the revisions made, or that a revision was not needed and the reasons therefore. The review and evaluation required by this subsection may be combined with the review required by subsection (3) of this section. The review and evaluation required by this subsection shall include, but is not limited to, consideration of critical area ordinances and, if planning under RCW 36.70A.040, an analysis of the population allocated to a city or county from the most recent ten-year population forecast by the office of financial management.
(b) Any amendment of or revision to a comprehensive land use plan shall conform to this chapter. Any amendment of or revision to development regulations shall be consistent with and implement the comprehensive plan.
(2)(a) Each county and city shall establish and broadly disseminate to the public a public participation program consistent with RCW 36.70A.035 and 36.70A.140 that identifies procedures and schedules whereby updates, proposed amendments, or revisions of the comprehensive plan are considered by the governing body of the county or city no more frequently than once every year. "Updates" means to review and revise, if needed, according to subsection (1) of this section, and the time periods specified in subsection (4) of this section. Amendments may be considered more frequently than once per year under the following circumstances:
(i) The initial adoption of a subarea plan that does not modify the comprehensive plan policies and designations applicable to the subarea;
(ii) The adoption or amendment of a shoreline master program under the procedures set forth in chapter 90.58 RCW; ((
(iii) The amendment of the capital facilities element of a comprehensive plan that occurs concurrently with the adoption or amendment of a county or city budget; and
(iv) Until June 30, 2006, the designation of recreational lands under section 4 of this act. A county amending its comprehensive plan pursuant to this subsection (2)(a)(iv) may not do so more frequently than every eighteen months.
(b) Except as otherwise provided in (a) of this subsection, all proposals shall be considered by the governing body concurrently so the cumulative effect of the various proposals can be ascertained. However, after appropriate public participation a county or city may adopt amendments or revisions to its comprehensive plan that conform with this chapter whenever an emergency exists or to resolve an appeal of a comprehensive plan filed with a growth management hearings board or with the court.
(3) Each county that designates urban growth areas under RCW 36.70A.110 shall review, at least every ten years, its designated urban growth area or areas, and the densities permitted within both the incorporated and unincorporated portions of each urban growth area. In conjunction with this review by the county, each city located within an urban growth area shall review the densities permitted within its boundaries, and the extent to which the urban growth occurring within the county has located within each city and the unincorporated portions of the urban growth areas. The county comprehensive plan designating urban growth areas, and the densities permitted in the urban growth areas by the comprehensive plans of the county and each city located within the urban growth areas, shall be revised to accommodate the urban growth projected to occur in the county for the succeeding twenty-year period. The review required by this subsection may be combined with the review and evaluation required by RCW 36.70A.215.
(4) The department shall establish a schedule for counties and cities to take action to review and, if needed, revise their comprehensive plans and development regulations to ensure the plan and regulations comply with the requirements of this chapter. The schedule established by the department shall provide for the reviews and evaluations to be completed as follows:
(a) On or before December 1, 2004, and every seven years thereafter, for Clallam, Clark, Jefferson, King, Kitsap, Pierce, Snohomish, Thurston, and Whatcom counties and the cities within those counties;
(b) On or before December 1, 2005, and every seven years thereafter, for Cowlitz, Island, Lewis, Mason, San Juan, Skagit, and Skamania counties and the cities within those counties;
(c) On or before December 1, 2006, and every seven years thereafter, for Benton, Chelan, Douglas, Grant, Kittitas, Spokane, and Yakima counties and the cities within those counties; and
(d) On or before December 1, 2007, and every seven years thereafter, for Adams, Asotin, Columbia, Ferry, Franklin, Garfield, Grays Harbor, Klickitat, Lincoln, Okanogan, Pacific, Pend Oreille, Stevens, Wahkiakum, Walla Walla, and Whitman counties and the cities within those counties.
(5)(a) Nothing in this section precludes a county or city from conducting the review and evaluation required by this section before the time limits established in subsection (4) of this section. Counties and cities may begin this process early and may be eligible for grants from the department, subject to available funding, if they elect to do so.
(b) State agencies are encouraged to provide technical assistance to the counties and cities in the review of critical area ordinances, comprehensive plans, and development regulations.
(6) A county or city subject to the time periods in subsection (4)(a) of this section that, pursuant to an ordinance adopted by the county or city establishing a schedule for periodic review of its comprehensive plan and development regulations, has conducted a review and evaluation of its comprehensive plan and development regulations and, on or after January 1, 2001, has taken action in response to that review and evaluation shall be deemed to have conducted the first review required by subsection (4)(a) of this section. Subsequent review and evaluation by the county or city of its comprehensive plan and development regulations shall be conducted in accordance with the time periods established under subsection (4)(a) of this section.
(7) The requirements imposed on counties and cities under this section shall be considered "requirements of this chapter" under the terms of RCW 36.70A.040(1). Only those counties and cities in compliance with the schedules in this section shall have the requisite authority to receive grants, loans, pledges, or financial guarantees from those accounts established in RCW 43.155.050 and 70.146.030. Only those counties and cities in compliance with the schedules in this section shall receive preference for grants or loans subject to the provisions of RCW 43.17.250.
NEW SECTION. Sec. 7 (1) A study committee on outdoor recreation
is established. The study committee shall consist of four members, as
(a) One member from each of the two largest caucuses of the house of representatives, appointed by the speaker of the house of representatives; and
(b) One member from each of the two largest caucuses of the senate, appointed by the president of the senate.
(2) The study committee members shall, by an affirmative vote of at least three members, select a chair from among its membership.
(3) The study committee shall consult with individuals from the public and private sectors and other interested parties, as may be appropriate, for technical advice and assistance and may ask such individuals to establish advisory committees or work groups that report to the study committee. Those with whom the study committee must consult include, but are not limited to, the following:
(a) Representatives from state agencies;
(b) Representatives from local governments;
(c) Representatives from recreation organizations;
(d) Representatives from agriculture;
(e) Representatives from environmental organizations; and
(f) Representatives from citizens' organizations.
(4) The study committee shall:
(a) Review local government responses to accommodating population growth and the resulting recreational facility needs;
(b) Study infrastructure funding issues pertaining to recreational facilities and examine methods by which local governments can reduce or eliminate related funding shortfalls;
(c) Compile and review information about publicly owned properties that may be suitable for use as recreational facilities; and
(d) Make legislative findings and recommendations related to recreational facility and funding needs.
(5) The study committee shall use staff from the house of representatives office of program research, senate committee services, and the department of community, trade, and economic development.
(6) The study committee shall report its findings and recommendations to the appropriate committees of the house of representatives and the senate by January 1, 2006.
(7) The study committee expires January 1, 2006.
NEW SECTION. Sec. 8 This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the
state government and its existing public institutions, and takes effect