WSR 98-01-133

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF COMMUNITY,

TRADE AND ECONOMIC DEVELOPMENT

[Filed December 18, 1997, 4:50 p.m.]

Subject of Possible Rule Making: Title 365 WAC, criteria to assist local governments planning under RCW 36.70A.040 to analyze the consistency of project actions with the applicable development regulations, or in the absence of applicable regulations the adopted comprehensive plan.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 36.70B.040.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: RCW 36.70B.040 authorizes the Department of Community, Trade and Economic Development to adopt by rule criteria to analyze project consistency. Local governments planning under the Growth Management Act need guidance on how to analyze project consistency when consistency with applicable regulations or policies is not clear.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

Process for Developing New Rule: The rule will be developed by an advisory committee and circulated for comment among interest groups, counties, and cities.

Over the last two years, the Department of Ecology and the Department of Community, Trade and Economic Development have been meeting with an advisory committee consisting of county and city planners, environmental and citizen groups, the business community, and other state agencies. The advisory committee was convened to develop amendments to chapter 197-11 WAC to integrate SEPA and the Growth Management Act, including criteria for consistency. The draft amendments were circulated for state-wide public comment and hearings. Subsequently, rule-making authority to develop the consistency criteria was transferred to the Department of Community, Trade and Economic Development.

The results of ecology's process are being relied upon as part of this Department of Community, Trade and Economic Development rule-making process. The former SEPA rule advisory committee will continue to be used to develop this rule.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Department of Community, Trade and Economic Development, Growth Management Division, P.O. Box 48300, Olympia, WA 98504-8300, Shane Hope, Managing Director, (360) 753-1197, FAX (360) 753-2950, Heather Ballash, Growth Management Planner.

December 16, 1997

Erika Lim, Director