"Sec. 1   RCW 36.70A.040 and 2000 c 36 s 1 are each amended to read as follows:
     (1) 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. However, the county legislative authority of such a county with a population of less than fifty thousand population may adopt a resolution removing the county, and the cities located within the county, from the requirements of adopting comprehensive land use plans and development regulations under this chapter if this resolution is adopted and filed with the department by December 31, 1990, for counties initially meeting this set of criteria, or within sixty days of the date the office of financial management certifies that a county meets this set of criteria under subsection (5) of this section. For the purposes of this subsection, a county not currently planning under this chapter is not required to include in its population count those persons confined in a correctional facility under the jurisdiction of the department of corrections that is located in the county.
     Once a county meets either of these sets of criteria, the requirement to conform with all of the requirements of this chapter remains in effect, even if the county no longer meets one of these sets of criteria.
     (2)(a) The county legislative authority of any county that does not meet either of the sets of criteria established under subsection (1) of this section may adopt a resolution indicating its intention to have subsection (1) of this section apply to the county. Each city, located in a county that chooses to plan under this subsection, shall conform with all of the requirements of this chapter. 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, unless the county subsequently adopts a removal resolution pursuant to (b) of this subsection.
     (b) Until December 31, 2014, the legislative authority of a county may adopt a resolution removing the county, and the cities located within the county, from the requirements of adopting comprehensive land use plans and development regulations under this section if:
     (i) The county has a population of twenty thousand or fewer inhabitants at any time between January 1, 2010, and December 31, 2014;
     (ii) The county has previously adopted a resolution indicating its intention to have subsection (1) of this section apply to the county;
     (iii) At least sixty days prior to adopting the removal resolution, the county provides written notification to the legislative body of each city within the county of its intent to consider adopting a removal resolution; and
     (iv) Before the county legislative authority adopts the removal resolution:
     (A) The legislative bodies of at least sixty percent of those cities having an aggregate population of at least seventy-five percent of the incorporated county population adopt resolutions supporting the removal action by the county and provide written notification of this support to the county; and
     (B) The department has approved that the county and each city located within the county has met the requirements of section 3 of this act.
     (c) Upon adoption of a removal resolution under (b) of this subsection (2), the county and the cities within the county are no longer obligated to plan under this section. However, if a county meets the population criteria for mandatory planning under subsection (1) of this section as of January 1, 2010, or on any subsequent date, the removal resolution of the county is invalid and the county and each city located within the county is required to comply with all the requirements of this chapter.
     (d) The county legislative authority of a county that has adopted a removal resolution under (b) of this subsection may subsequently pass a resolution indicating its intention to have subsection (1) of this section apply to the county.
     (3) Any county or city that is initially required to conform with all of the requirements of this chapter under subsection (1) of this section shall take actions under this chapter as follows: (a) The county legislative authority shall adopt a countywide 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)) commerce 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, as a result of the county legislative authority adopting its resolution of intention 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)) commerce 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 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 countywide 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)) commerce 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.
     (7) Cities and counties planning under this chapter must amend the transportation element of the comprehensive plan to be in compliance with this chapter and chapter 47.80 RCW no later than December 31, 2000.

Sec. 2   RCW 36.70A.060 and 2005 c 423 s 3 are each amended to read as follows:
     (1)(a) ((Except as provided in RCW 36.70A.1701,)) Each county that is required or chooses to plan under RCW 36.70A.040 or is subject to the requirements under section 3(3) of this act, 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. 3   A new section is added to chapter 36.70A RCW to read as follows:
     (1) Prior to adopting a removal resolution under RCW 36.70A.040(2)(b), a county shall notify the department in writing of its proposal to adopt a removal resolution and the county and each city located within the county shall submit to the department a complete and accurate copy of their comprehensive plan and development regulations. A removal resolution may not be adopted until the department approves the proposal under subsection (2) of this section.
     (2)(a) Within ninety days after receipt of the local government notification and submission pursuant to subsection (1) or (3) of this section, the department shall make written findings and conclusions regarding whether the county and each city located within the county are in compliance with this chapter with respect to RCW 36.70A.060, 36.70A.070(5)(b), 36.70A.170, and 36.70A.172.
     (b) If the department finds compliance, the department shall approve the proposal as submitted. If the department finds noncompliance, the department shall deny approval and recommend specific changes necessary to make the proposal approvable. The department may not find compliance where a county is subject to determination of finding of noncompliance under RCW 36.70A.300 or 36.70A.330. The written findings and conclusions shall be provided to the local government, and made available to all interested persons, parties, and groups on the proposal.
     (3)(a) If a county adopts a removal resolution and withdraws from voluntary planning under RCW 36.70A.040(2)(b), the county must:
     (i) Comply with RCW 36.70A.060; and
     (ii) Adopt a plan with a rural element in accordance with RCW 36.70A.070.
     (b) Plans and development regulations adopted under (a) of this subsection are subject to continuing review and evaluation by the county that adopted them. A county shall take legislative action to review and, if needed, revise plans and development regulations to ensure the plans and regulations comply with the requirements of this chapter. The county must submit to the department a complete and accurate copy of any proposed amendments or permanent changes to a plan or development regulation. Additionally, the county must submit to the department a complete and accurate copy of its plans and development regulations at ten-year intervals from the date of the adoption of a removal resolution under RCW 36.70A.040(2)(b). Upon receipt of a submission by a county under this subsection, the department shall review compliance and make findings in the same manner as provided in subsection (2) of this section.
     (c) The removal resolution adopted by the county under RCW 36.70A.040(2)(b) is invalid and the county is required to conform with all of the requirements of this chapter if:
     (i) The county does not adopt plans and development regulations submitted under this subsection that are approved by the department within one hundred eighty days as provided in subsection (2) of this section; or
     (ii) The county fails to submit plans and regulations for review and approval at the ten-year intervals required under (b) of this subsection.
     (4) Any person aggrieved by a decision of the department to approve or deny a proposal or submission under this section may appeal the decision to superior court as provided in RCW 34.05.514 or 36.01.050 within thirty days after the date that the department mails the written findings and conclusions to the county. The state, through the department and the attorney general, shall represent its interest in court with respect to compliance with this section."