1727-S AMH SPRI MOET 060

SHB 1727 - H AMD TO H AMD (H-2924.4/07) 256

By Representative Springer

ADOPTED 3/10/2007

   On page 9, after line 26 of the amendment, insert the following:

   "Sec. 4. RCW 36.70A.110 and 2004 c 206 s 1 are each amended to read as follows:

   (1) In accordance with the requirements of this section, each county that is required or chooses to plan under RCW 36.70A.040 shall designate an urban growth area or areas within which urban growth shall be encouraged and outside of which growth can occur only if it is not urban in nature. Each city that is located in such a county shall be included within an urban growth area. An urban growth area may include more than a single city. An urban growth area may include territory that is located outside of a city only if such territory already is characterized by urban growth whether or not the urban growth area includes a city, or is adjacent to territory already characterized by urban growth, or is a designated new fully contained community as defined by RCW 36.70A.350.

   (2) Based upon the growth management population projection made for the county by the office of financial management, the county and each city within the county shall include areas and densities sufficient to permit the urban growth that is projected to occur in the county or city for the succeeding twenty-year period, except for those urban growth areas contained totally within a national historical reserve.

   Each urban growth area shall permit urban densities and shall include greenbelt and open space areas. In the case of urban growth areas contained totally within a national historical reserve, the city may restrict densities, intensities, and forms of urban growth as determined to be necessary and appropriate to protect the physical, cultural, or historic integrity of the reserve. An urban growth area determination may include a reasonable land market supply factor and shall permit a range of urban densities and uses. In determining this market factor, cities and counties may consider local circumstances. Cities and counties have discretion in their comprehensive plans to make many choices about accommodating growth.

   Within one year of July 1, 1990, each county that as of June 1, 1991, was required or chose to plan under RCW 36.70A.040, shall begin consulting with each city located within its boundaries and each city shall propose the location of an urban growth area. Within sixty days of the date the county legislative authority of a county adopts its resolution of intention or of certification by the office of financial management, all other counties that are required or choose to plan under RCW 36.70A.040 shall begin this consultation with each city located within its boundaries. The county shall attempt to reach agreement with each city on the location of an urban growth area within which the city is located. If such an agreement is not reached with each city located within the urban growth area, the county shall justify in writing why it so designated the area an urban growth area. A city may object formally with the department over the designation of the urban growth area within which it is located. Where appropriate, the department shall attempt to resolve the conflicts, including the use of mediation services.

   (3) Counties planning under RCW 36.70A.040 with populations of at least one hundred seventy-five thousand must:

   (a) Consult and cooperate with each city within an urban growth area proposed for modification prior to and concurrent with actions to modify the urban growth area within which the city or cities are located;

   (b) Consult and cooperate with each city within each urban growth area to adopt development regulations for unincorporated territory within urban growth areas that are consistent with each applicable city;

   (c) Adopt development regulations for new development in unincorporated territory within an urban growth area that is, as of the effective date of this act, entirely surrounded by incorporated territory. Development regulations adopted under this subsection (c) must be consistent with the city or cities surrounding the unincorporated territory; and

   (d) Report to the appropriate committees of the house of representatives and the senate by December 1, 2007, on the implementation of, and any impediments related to, the requirements of (a) and (b) of this subsection (3).

   (4) Urban growth should be located first in areas already characterized by urban growth that have adequate existing public facility and service capacities to serve such development, second in areas already characterized by urban growth that will be served adequately by a combination of both existing public facilities and services and any additional needed public facilities and services that are provided by either public or private sources, and third in the remaining portions of the urban growth areas. Urban growth may also be located in designated new fully contained communities as defined by RCW 36.70A.350.

   (((4)))(5) In general, cities are the units of local government most appropriate to provide urban governmental services. In general, it is not appropriate that urban governmental services be extended to or expanded in rural areas except in those limited circumstances shown to be necessary to protect basic public health and safety and the environment and when such services are financially supportable at rural densities and do not permit urban development.

   (((5)))(6) On or before October 1, 1993, each county that was initially required to plan under RCW 36.70A.040(1) shall adopt development regulations designating interim urban growth areas under this chapter. Within three years and three months of the date the county legislative authority of a county adopts its resolution of intention or of certification by the office of financial management, all other counties that are required or choose to plan under RCW 36.70A.040 shall adopt development regulations designating interim urban growth areas under this chapter. Adoption of the interim urban growth areas may only occur after public notice; public hearing; and compliance with the state environmental policy act, chapter 43.21C RCW, and RCW 36.70A.110. Such action may be appealed to the appropriate growth management hearings board under RCW 36.70A.280. Final urban growth areas shall be adopted at the time of comprehensive plan adoption under this chapter.

   (((6)))(7) Each county shall include designations of urban growth areas in its comprehensive plan.

   (((7)))(8) An urban growth area designated in accordance with this section may include within its boundaries urban service areas or potential annexation areas designated for specific cities or towns within the county."

EFFECT: Requires counties fully planning under the Growth Management Act with at least 175,000 residents to:

(1) Consult and cooperate with each city within an urban growth area (UGA) proposed for modification prior to and concurrent with actions to modify the UGA within which the city or cities are located;

   (2) Consult and cooperate with each city within each UGA to adopt development regulations for unincorporated territory within UGAs that are consistent with each applicable city;

   (3) Adopt development regulations for new development in unincorporated territory within a UGA that is, as of the effective date of the act, entirely surrounded by incorporated territory. Development regulations adopted in accordance with this requirement must be consistent with the city or cities surrounding the unincorporated territory; and

   (4) Report to the appropriate committees of the House and Senate by December 1, 2007, on the implementation of, and any impediments related to, the consultation and cooperation requirements of (1) and (2).