Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-190 - Minimum guidelines to classify agriculture, forest, mineral lands and critical areas › Part ONE - PURPOSE/AUTHORITY › Section 365-190-020 - Purpose

Current through Register Vol. 24-14, July 15, 2024
(1) The intent of
						this chapter is to establish minimum guidelines to assist all counties and
						cities in classifying and designating agricultural lands, forest lands, mineral
						resource lands, and critical areas.
(2) Growth management, natural resource land
						conservation, and critical areas protection share problems related to
						governmental costs and efficiency. The unwise development of natural resource
						lands or areas susceptible to natural hazards may lead to inefficient use of
						limited public resources, jeopardize environmental resource functions and
						values, subject persons and property to unsafe conditions, and affect the
						perceived quality of life. It is more costly to remedy the loss of natural
						resource lands or critical areas than to conserve and protect them from loss or
						degradation. The inherent economic, ecological, social, and cultural values of
						natural resource lands and critical areas should be considered in the
						development of strategies designed to conserve and protect these
						lands.
(3) In recognition of these
						common concerns, classification and designation of natural resource lands and
						critical areas is intended to assure the long-term conservation of natural
						resource lands and the protection of critical areas, and to preclude land uses
						and developments which are incompatible with natural resource lands and
						critical areas. When classifying and designating natural resource lands and
						critical areas, counties and cities should integrate regulatory and
						nonregulatory approaches together in a comprehensive program that relates to
						existing local, state, and federal efforts. An integrated approach should also
						consider other applicable planning requirements, including the need to identify
						open space corridors in
						RCW
						 36.70A.160, and the need to include the best
						available science in policies and regulations protecting critical areas in
						RCW
						 36.70A.172.
(4) There are qualitative differences between
						and among critical areas. Not all areas and ecosystems are critical for the
						same reasons. Some are critical because of the hazard they present to public
						health and safety, some because of the values they represent to the public
						welfare. In some cases, the risk posed to the public by use or development of a
						critical area can be mitigated or reduced by engineering or design; in other
						cases that risk cannot be effectively reduced except by avoidance of the
						critical area. Classification and designation of critical areas is intended to
						lead counties and cities to recognize the differences among these areas, and to
						develop appropriate regulatory and nonregulatory actions in response.
(5) There are also qualitative differences
						between and among natural resource lands. The three types of natural resource
						lands (agricultural, forest, and mineral) vary widely in their use, location,
						and size. One type may overlap another type. For example, designated forest
						resource lands may also include designated mineral resource lands. Agricultural
						resource lands vary based on the types of crops produced, their location on the
						landscape, and their relationship to sustaining agricultural industries in an
						identified geographic area.
(6)
						Counties and cities required or opting to plan under the act should consider
						the definitions and guidelines in this chapter when preparing development
						regulations that preclude uses and development incompatible with natural
						resource lands and critical areas (see
						RCW
						 36.70A.060). Precluding incompatible uses
						and development does not mean a prohibition of all uses or development. Rather,
						it means governing changes in land uses, new activities, or development that
						could adversely affect natural resource lands or critical areas. For each type
						of natural resource land and critical area, counties and cities planning under
						the act should define classification schemes and prepare development
						regulations that govern changes in land uses and new activities by prohibiting
						clearly inappropriate actions and restricting, allowing, or conditioning other
						activities as appropriate.
(7) It
						is the intent of these guidelines that critical areas designations overlay
						other land uses including designated natural resource lands. For example, if
						both critical area and natural resource land use designations apply to a given
						parcel or a portion of a parcel, both or all designations must be made.
						Regarding natural resource lands, counties and cities should allow existing and
						ongoing resource management operations, that have long-term commercial
						significance, to continue. Counties and cities should encourage resource land
						managers to use the best management practices of their industry, especially
						where existing and ongoing resource management operations that have long-term
						commercial significance include designated critical areas. Future operations or
						expansion of existing operations should be done in consideration of protecting
						critical areas, and with special consideration for conservation or protection
						measures needed to preserve or enhance anadromous fisheries.
Statutory Authority:
								RCW
								36.70A.050 and
								36.70A.190. 10-03-085, §
											365-190-020, filed 1/19/10,
								effective 2/19/10. Statutory Authority:
								RCW
								36.70A.050. 91-07-041, §
											365-190-020, filed 3/15/91,
								effective 4/15/91.