AN ACT Relating to the protection of military installations operated by the United States armed services from incompatible development; and amending RCW 36.70A.530.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1.  RCW 36.70A.530 and 2004 c 28 s 2 are each amended to read as follows:

(1) Military installations are of particular importance to the economic health of the state of Washington and it is a priority of the state to protect the land surrounding our military installations from incompatible development.

(2) Comprehensive plans, amendments to comprehensive plans, development regulations, or amendments to development regulations adopted under this section shall be adopted or amended concurrent with the scheduled update provided in RCW 36.70A.130, except that counties and cities identified in RCW 36.70A.130(4)(a) shall comply with this section on or before December 1, 2005, and shall thereafter comply with this section on a schedule consistent with RCW 36.70A.130(4).

(3) A comprehensive plan, amendment to a plan, a development regulation, or amendment to a new development regulation, ((should)) may not allow development in the vicinity of a military installation that is incompatible with the installation's ability to carry out its mission requirements. A city or county may find that an existing comprehensive plan or development regulations are compatible with the installation's ability to carry out its mission requirements.

(4) As part of the requirements of RCW 36.70A.070(1) each county and city planning under RCW 36.70A.040 that has a federal military installation, other than a reserve center or a recruiting center, that ((employs one hundred or more personnel and)) is operated by the United States ((department of defense)) armed services within or adjacent to its border, shall notify the commander of the military installation or a designee of the county's or city's intent to amend its comprehensive plan or amend or adopt development regulations ((to address lands adjacent to military installations to ensure those lands are protected from incompatible development)) where the proposal applies to lands where development may interfere with the installation's ability to carry out its current or future mission requirements. The notice must fully inform the commander or their designee of the county's or city's proposal.

(5)(a) The notice provided under subsection (4) of this section shall request from the commander of the military installation or a designee a written ((recommendation and supporting facts)) response with comments relating to the ((use of land being considered in the adoption of a comprehensive plan or an amendment to a plan)) county's or city's proposal and providing recommendations to ensure the military installation is protected from incompatible development. The notice shall provide sixty days for a response from the commander. If the commander does not submit a response to such request within sixty days, the local government may presume that implementation of the proposed plan or amendment will not have any adverse effect on the operation of the installation.

(b) When a county or city intends to amend its development regulations to be consistent with the comprehensive plan elements addressed in (a) of this subsection, notice shall be provided to the commander of the military installation or a designee consistent with subsection (4) of this section. The notice shall request from the commander of the military installation or a designee a written recommendation and supporting facts relating to the use of land being considered in the amendment to the development regulations. The notice shall provide sixty days for a response from the commander to the requesting government. If the commander or a designee does not submit a response to such request within sixty days, the local government may presume that implementation of the proposed development regulation or amendment will not have any adverse effect on the operation of the installation.

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