BILL REQ. #: H-3144.2
State of Washington | 63rd Legislature | 2014 Regular Session |
Prefiled 01/09/14. Read first time 01/13/14. Referred to Committee on Local Government.
AN ACT Relating to extending the date by which counties participating in the voluntary stewardship program must review and, if necessary, revise development regulations that apply to critical areas in areas used for agricultural activities; and amending RCW 36.70A.710 and 36.70A.130.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 36.70A.710 and 2011 c 360 s 4 are each amended to read
as follows:
(1)(a) As an alternative to protecting critical areas in areas used
for agricultural activities through development regulations adopted
under RCW 36.70A.060, the legislative authority of a county may elect
to protect such critical areas through the program.
(b) In order to participate in the program, within six months after
July 22, 2011, the legislative authority of a county must adopt an
ordinance or resolution that:
(i) Elects to have the county participate in the program;
(ii) Identifies the watersheds that will participate in the
program; and
(iii) Based on the criteria in subsection (4) of this section,
nominates watersheds for consideration by the commission as state
priority watersheds.
(2) Before adopting the ordinance or resolution under subsection
(1) of this section, the county must (a) confer with tribes, and
environmental and agricultural interests; and (b) provide notice
following the public participation and notice provisions of RCW
36.70A.035 to property owners and other affected and interested
individuals, tribes, government agencies, businesses, school districts,
and organizations.
(3) In identifying watersheds to participate in the program, a
county must consider:
(a) The role of farming within the watershed, including the number
and acreage of farms, the economic value of crops and livestock, and
the risk of the conversion of farmland;
(b) The overall likelihood of completing a successful program in
the watershed; and
(c) Existing watershed programs, including those of other
jurisdictions in which the watershed has territory.
(4) In identifying priority watersheds, a county must consider the
following:
(a) The role of farming within the watershed, including the number
and acreage of farms, the economic value of crops and livestock, and
the risk of the conversion of farmland;
(b) The importance of salmonid resources in the watershed;
(c) An evaluation of the biological diversity of wildlife species
and their habitats in the geographic region including their
significance and vulnerability;
(d) The presence of leadership within the watershed that is
representative and inclusive of the interests in the watershed;
(e) Integration of regional watershed strategies, including the
availability of a data and scientific review structure related to all
types of critical areas;
(f) The presence of a local watershed group that is willing and
capable of overseeing a successful program, and that has the
operational structures to administer the program effectively, including
professional technical assistance staff, and monitoring and adaptive
management structures; and
(g) The overall likelihood of completing a successful program in
the watershed.
(5) Except as otherwise provided in subsection (9) of this section,
beginning with the effective date of the ordinance or resolution
adopted under subsection (1) of this section, the program applies to
all unincorporated property upon which agricultural activities occur
within a participating watershed.
(6)(a) Except as otherwise provided in (b) of this subsection,
within two years after July 22, 2011, a county must review and, if
necessary, revise development regulations adopted under this chapter to
protect critical areas as they specifically apply to agricultural
activities:
(i) If the county has not elected to participate in the program,
for all unincorporated areas; or
(ii) If the county has elected to participate in the program, for
any watershed not participating in the program.
(b) A county that between July 1, 2003, and June 30, 2007, in
accordance with RCW 36.70A.130 completed the review of its development
regulations as required by RCW 36.70A.130 to protect critical areas as
they specifically apply to agricultural activities, and that elected
under subsection (1) of this section to participate in the program, is
not required to review and revise ((its)) those development regulations
until ((required by RCW 36.70A.130)) June 1, 2021, or the applicable
date established in RCW 36.70A.130(5), whichever is later.
(c) After the review and amendment required under (a) of this
subsection, RCW 36.70A.130 applies to the subsequent review and
amendment of development regulations adopted under this chapter to
protect critical areas as they specifically apply to agricultural
activities.
(7)(a) A county that has made the election under subsection (1) of
this section may withdraw a participating watershed from the program by
adopting an ordinance or resolution withdrawing the watershed from the
program. A county may withdraw a watershed from the program at the end
of three years, five years, or eight years after receipt of funding, or
any time after ten years from receipt of funding.
(b) Within eighteen months after withdrawing a participating
watershed from the program, the county must review and, if necessary,
revise its development regulations that protect critical areas in that
watershed as they specifically apply to agricultural activities. The
development regulations must protect the critical area functions and
values as they existed on July 22, 2011. RCW 36.70A.130 applies to the
subsequent review and amendment of development regulations adopted
under this chapter to protect critical areas as they specifically apply
to agricultural activities.
(8) A county that has made the election under subsection (1) of
this section is eligible for a share of the funding made available to
implement the program, subject to funding availability from the state.
(9) A county that has made the election under subsection (1) of
this section is not required to implement the program in a
participating watershed until adequate funding for the program in that
watershed is provided to the county.
Sec. 2 RCW 36.70A.130 and 2012 c 191 s 1 are each amended to read
as follows:
(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. Except as otherwise provided, 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 deadlines in subsections (4) and (5) of this section.
(b) Except as otherwise provided, 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 deadlines in subsections (4) and (5) 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 therefor.
(c) 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.
(d) 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, except that, until December 31, 2015,
the program shall provide for consideration of amendments of an urban
growth area in accordance with RCW 36.70A.1301 once every year.
"Updates" means to review and revise, if needed, according to
subsection (1) of this section, and the deadlines in subsections (4)
and (5) of this section or in accordance with the provisions of
subsection (6) 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. Subarea plans adopted
under this subsection (2)(a)(i) must clarify, supplement, or implement
jurisdiction-wide comprehensive plan policies, and may only be adopted
if the cumulative impacts of the proposed plan are addressed by
appropriate environmental review under chapter 43.21C RCW;
(ii) The development of an initial subarea plan for economic
development located outside of the one hundred year floodplain in a
county that has completed a state-funded pilot project that is based on
watershed characterization and local habitat assessment;
(iii) The adoption or amendment of a shoreline master program under
the procedures set forth in chapter 90.58 RCW;
(iv) 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; or
(v) The adoption of comprehensive plan amendments necessary to
enact a planned action under RCW ((43.21C.031(2))) 43.21C.440, provided
that amendments are considered in accordance with the public
participation program established by the county or city under this
subsection (2)(a) and all persons who have requested notice of a
comprehensive plan update are given notice of the amendments and an
opportunity to comment.
(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 the growth management hearings board
or with the court.
(3)(a) Each county that designates urban growth areas under RCW
36.70A.110 shall review, according to the schedules established in
subsection (5) of this section, 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.
(b) 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) Except as provided in subsection (6) of this section, counties
and cities shall 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 as follows:
(a) On or before December 1, 2004, 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, for Cowlitz, Island, Lewis,
Mason, San Juan, Skagit, and Skamania counties and the cities within
those counties;
(c) On or before December 1, 2006, for Benton, Chelan, Douglas,
Grant, Kittitas, Spokane, and Yakima counties and the cities within
those counties; and
(d) On or before December 1, 2007, 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) Except as otherwise provided in subsections (6) and (8) of this
section and RCW 36.70A.710(6)(b), following the review of comprehensive
plans and development regulations required by subsection (4) of this
section, counties and cities shall 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 as follows:
(a) On or before June 30, 2015, and every eight years thereafter,
for King, Pierce, and Snohomish counties and the cities within those
counties;
(b) On or before June 30, 2016, and every eight years thereafter,
for Clallam, Clark, Island, Jefferson, Kitsap, Mason, San Juan, Skagit,
Thurston, and Whatcom counties and the cities within those counties;
(c) On or before June 30, 2017, and every eight years thereafter,
for Benton, Chelan, Cowlitz, Douglas, Kittitas, Lewis, Skamania,
Spokane, and Yakima counties and the cities within those counties; and
(d) On or before June 30, 2018, and every eight years thereafter,
for Adams, Asotin, Columbia, Ferry, Franklin, Garfield, Grant, Grays
Harbor, Klickitat, Lincoln, Okanogan, Pacific, Pend Oreille, Stevens,
Wahkiakum, Walla Walla, and Whitman counties and the cities within
those counties.
(6)(a) Nothing in this section precludes a county or city from
conducting the review and evaluation required by this section before
the deadlines established in subsections (4) and (5) 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) A county that is subject to a deadline established in
subsection (4)(b) through (d) of this section and meets the following
criteria may comply with the requirements of this section at any time
within the thirty-six months following the deadline established in
subsection (4) of this section: The county has a population of less
than fifty thousand and has had its population increase by no more than
seventeen percent in the ten years preceding the deadline established
in subsection (4) of this section as of that date.
(c) A city that is subject to a deadline established in subsection
(4)(b) through (d) of this section and meets the following criteria may
comply with the requirements of this section at any time within the
thirty-six months following the deadline established in subsection (4)
of this section: The city has a population of no more than five
thousand and has had its population increase by the greater of either
no more than one hundred persons or no more than seventeen percent in
the ten years preceding the deadline established in subsection (4) of
this section as of that date.
(d) A county or city that is subject to a deadline established in
subsection (4)(d) of this section and that meets the criteria
established in (b) or (c) of this subsection may comply with the
requirements of subsection (4)(d) of this section at any time within
the thirty-six months after the extension provided in (b) or (c) of
this subsection.
(e) A county that is subject to a deadline established in
subsection (5)(b) through (d) of this section and meets the following
criteria may comply with the requirements of this section at any time
within the twenty-four months following the deadline established in
subsection (5) of this section: The county has a population of less
than fifty thousand and has had its population increase by no more than
seventeen percent in the ten years preceding the deadline established
in subsection (5) of this section as of that date.
(f) A city that is subject to a deadline established in subsection
(5)(b) through (d) of this section and meets the following criteria may
comply with the requirements of this section at any time within the
twenty-four months following the deadline established in subsection (5)
of this section: The city has a population of no more than five
thousand and has had its population increase by the greater of either
no more than one hundred persons or no more than seventeen percent in
the ten years preceding the deadline established in subsection (5) of
this section as of that date.
(g) 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.
(7)(a) 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 that meet
the following criteria may receive grants, loans, pledges, or financial
guarantees under chapter 43.155 or 70.146 RCW:
(i) Complying with the deadlines in this section;
(ii) Demonstrating substantial progress towards compliance with the
schedules in this section for development regulations that protect
critical areas; or
(iii) Complying with the extension provisions of subsection (6)(b),
(c), or (d) of this section.
(b) A county or city that is fewer than twelve months out of
compliance with the schedules in this section for development
regulations that protect critical areas is making substantial progress
towards compliance. Only those counties and cities in compliance with
the schedules in this section may receive preference for grants or
loans subject to the provisions of RCW 43.17.250.
(8)(a) Except as otherwise provided in (c) of this subsection, if
a participating watershed is achieving benchmarks and goals for the
protection of critical areas functions and values, the county is not
required to update development regulations to protect critical areas as
they specifically apply to agricultural activities in that watershed.
(b) A county that has made the election under RCW 36.70A.710(1) may
only adopt or amend development regulations to protect critical areas
as they specifically apply to agricultural activities in a
participating watershed if:
(i) A work plan has been approved for that watershed in accordance
with RCW 36.70A.725;
(ii) The local watershed group for that watershed has requested the
county to adopt or amend development regulations as part of a work plan
developed under RCW 36.70A.720;
(iii) The adoption or amendment of the development regulations is
necessary to enable the county to respond to an order of the growth
management hearings board or court;
(iv) The adoption or amendment of development regulations is
necessary to address a threat to human health or safety; or
(v) Three or more years have elapsed since the receipt of funding.
(c) Beginning ten years from the date of receipt of funding, a
county that has made the election under RCW 36.70A.710(1) must review
and, if necessary, revise development regulations to protect critical
areas as they specifically apply to agricultural activities in a
participating watershed in accordance with the review and revision
requirements and timeline in subsection (5) of this section. This
subsection (8)(c) does not apply to a participating watershed that has
determined under RCW 36.70A.720(2)(c)(ii) that the watershed's goals
and benchmarks for protection have been met.