reglab/statecodes huggingface dataset:
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 THREE - GUIDELINES › Section 365-190-060 - Forest resource lands

Current through Register Vol. 24-14, July 15, 2024
(1) In
						classifying and designating forest resource lands, counties must approach the
						effort as a county-wide or regional process. Cities are encouraged to
						coordinate their forest resource lands designations with their county and any
						adjacent jurisdictions. Counties and cities should not review forest resource
						lands designations solely on a parcel-by-parcel basis.
(2) Lands should be designated as forest
						resource lands of long-term commercial significance based on three factors:
(a) The land is not already characterized by
						urban growth. To evaluate this factor, counties and cities should use the
						criteria contained in WAC
						365-196-310.
(b) The land is used or capable of being used
						for forestry production. To evaluate this factor, counties and cities should
						determine whether lands are well suited for forestry use based primarily on
						their physical and geographic characteristics.
Lands that are currently used for forestry production and
							lands that are capable of such use must be evaluated for designation. The
							landowner's intent to either use land for forestry or to cease such use is not
							the controlling factor in determining if land is used or capable of being used
							for forestry production.
(c) The land has long-term commercial
						significance. When determining whether lands are used or capable of being used
						for forestry production, counties and cities should determine which land grade
						constitutes forest land of long-term commercial significance, based on local
						physical, biological, economic, and land use considerations. Counties and
						cities should use the private forest land grades of the department of revenue
						(WAC 458-40-530). This system
						incorporates consideration of growing capacity, productivity, and soil
						composition of the land. Forest land of long-term commercial significance will
						generally have a predominance of the higher private forest land grades.
						However, the presence of lower private forest land grades within the areas of
						predominantly higher grades need not preclude designation as forest
						land.
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 THREE - GUIDELINES › Section 365-190-080 - Critical areas

Current through Register Vol. 24-14, July 15, 2024
(1) Counties and
						cities must protect critical areas. Counties and cities required or opting to
						plan under the act must consider the definitions and guidelines in this chapter
						when designating critical areas and when preparing development regulations that
						protect the function and values of critical areas. The department provides
						additional recommendations for adopting critical areas regulations in WAC
						365-196-485.
(2) Counties and cities must include the best
						available science as described in chapter 365-195 WAC, when designating
						critical areas and when developing policies and regulations that protect
						critical areas. Counties and cities must give special consideration to
						conservation or protection measures necessary to preserve or enhance anadromous
						fisheries. Counties and cities are encouraged to also protect both surface and
						groundwater resources, because these waters often recharge wetlands, streams
						and lakes.
(3) Counties and cities
						are encouraged to develop a coordinated regional critical areas protection
						program that combines interjurisdictional cooperation, public education,
						incentives to promote voluntary protective measures, and regulatory standards
						that serve to protect these critical areas.
(4) Counties and cities should designate
						critical areas by using maps and performance standards.
(a) Maps may benefit the public by increasing
						public awareness of critical areas and their locations. County and city staff
						may also benefit from maps which provide a useful tool for determining whether
						a particular land use permit application may affect a critical area. However,
						because maps may be too inexact for regulatory purposes, counties and cities
						should rely primarily on performance standards to protect critical areas.
						Counties and cities should apply performance standards to protect critical
						areas when a land use permit decision is made.
(b) Counties and cities should clearly state
						that maps showing known critical areas are only for information or illustrative
						purposes.
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 THREE - GUIDELINES › Section 365-190-090 - Wetlands

Current through Register Vol. 24-14, July 15, 2024
(1) The wetlands of
						Washington state are fragile ecosystems that serve a number of important
						beneficial functions. Wetlands assist in reducing erosion, siltation, flooding,
						ground and surface water pollution, and provide wildlife, plant, and fisheries
						habitats. Wetlands destruction or impairment may result in increased public and
						private costs and property losses.
(2) In designating wetlands for regulatory
						purposes, counties and cities must use the definition of wetlands in
						RCW
						 36.70A.030. Counties and cities are requested
						and encouraged to make their actions consistent with the intent and goals of
						"protection of wetlands," Executive Orders 89-10 and 90-04 as they existed on
						September 1, 1990. Additionally, counties and cities should consider wetlands
						protection guidance provided by the department of ecology, including the
						management recommendations based on the best available science, mitigation
						guidance, and provisions addressing the option of using wetland mitigation
						banks.
(3) Wetlands rating systems.
						Wetland functions vary widely.
(a) When
						designating wetlands, counties and cities should use a rating system that
						evaluates the existing wetland functions and values to determine what functions
						must be protected.
(b) In
						developing wetlands rating systems, counties and cities should consider using
						the wetland rating system developed jointly by the department of ecology and
						the United States Army Corps of Engineers.
(c) If a county or city chooses to use an
						alternative rating system, it must include the best available
						science.
(d) A rating system should
						evaluate, at a minimum, the following factors:
(i) Wetlands functions and values;
(ii) Degree of sensitivity to
						disturbance;
(iii)
						Rarity;
(iv) The degree to which a
						wetland contributes to functions and values of a larger ecosystem. Rating
						systems should generally rate wetlands higher when they are well-connected to
						adjacent or nearby habitats, are part of an intact ecosystem or function in a
						network of critical areas; and
(v)
						The ability to replace the functions and values through compensatory
						mitigation.
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 THREE - GUIDELINES › Section 365-190-100 - Critical aquifer recharge areas

Current through Register Vol. 24-14, July 15, 2024
(1) Potable water is an essential life
						sustaining element for people and many other species. Much of Washington's
						drinking water comes from groundwater. Once groundwater is contaminated it is
						difficult, costly, and sometimes impossible to clean up. Preventing
						contamination is necessary to avoid exorbitant costs, hardships, and potential
						physical harm to people and ecosystems.
(2) The quality and quantity of groundwater
						in an aquifer is inextricably linked to its recharge area. Where aquifers and
						their recharge areas have been studied, affected counties and cities should use
						this information as the basis for classifying and designating these areas.
						Where no specific studies have been done, counties and cities may use existing
						soil and surficial geologic information to determine where recharge areas
						exist. To determine the threat to groundwater quality, existing land use
						activities and their potential to lead to contamination should be
						evaluated.
(3) Counties and cities
						must classify recharge areas for aquifers according to the aquifer
						vulnerability. Vulnerability is the combined effect of hydrogeological
						susceptibility to contamination and the contamination loading potential. High
						vulnerability is indicated by land uses that contribute directly or indirectly
						to contamination that may degrade groundwater, and hydrogeologic conditions
						that facilitate degradation. Low vulnerability is indicated by land uses that
						do not contribute contaminants that will degrade groundwater, and by
						hydrogeologic conditions that do not facilitate degradation. Hydrological
						conditions may include those induced by limited recharge of an aquifer. Reduced
						aquifer recharge from effective impervious surfaces may result in higher
						concentrations of contaminants than would otherwise occur.
(a) To characterize hydrogeologic
						susceptibility of the recharge area to contamination, counties and cities may
						consider the following physical characteristics:
(i) Depth to groundwater;
(ii) Aquifer properties such as hydraulic
						conductivity, gradients, and size;
(iii) Soil (texture, permeability, and
						contaminant attenuation properties);
(iv) Characteristics of the vadose zone
						including permeability and attenuation properties; and
(v) Other relevant factors.
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 THREE - GUIDELINES › Section 365-190-110 - Frequently flooded areas

Current through Register Vol. 24-14, July 15, 2024
Frequently flooded areas. Flood plains and other areas
							subject to flooding perform important hydrologic functions and may present a
							risk to persons and property.
(1)
						Classifications of frequently flooded areas should include, at a minimum, the
						100-year flood plain designations of the Federal Emergency Management Agency
						and the National Flood Insurance Program.
(2) Counties and cities should consider the
						following when designating and classifying frequently flooded areas:
(a) Effects of flooding on human health and
						safety, and to public facilities and services;
(b) Available documentation including
						federal, state, and local laws, regulations, and programs, local studies and
						maps, and federal flood insurance programs, including the provisions for urban
						growth areas in
						RCW
						 36.70A.110;
(c) The future flow flood plain, defined as
						the channel of the stream and that portion of the adjoining flood plain that is
						necessary to contain and discharge the base flood flow at build out;
(d) The potential effects of tsunami, high
						tides with strong winds, sea level rise, and extreme weather events, including
						those potentially resulting from global climate change;
(e) Greater surface runoff caused by
						increasing impervious surfaces.
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 THREE - GUIDELINES › Section 365-190-120 - Geologically hazardous areas

Current through Register Vol. 24-14, July 15, 2024
(1)
						Geologically hazardous areas. Geologically hazardous areas include areas
						susceptible to erosion, sliding, earthquake, or other geological events. They
						pose a threat to the health and safety of citizens when incompatible
						commercial, residential, or industrial development is sited in areas of
						significant hazard.
(2) Some
						geological hazards can be reduced or mitigated by engineering, design, or
						modified construction or mining practices so that risks to public health and
						safety are minimized. When technology cannot reduce risks to acceptable levels,
						building in geologically hazardous areas must be avoided. The distinction
						between avoidance and compensatory mitigation should be considered by counties
						and cities that do not currently classify geological hazards, as they develop
						their classification scheme.
(3)
						Areas that are susceptible to one or more of the following types of hazards
						shall be classified as a geologically hazardous area:
(a) Erosion hazard;
(b) Landslide hazard;
(c) Seismic hazard; or
(d) Areas subject to other geological events
						such as coal mine hazards and volcanic hazards including: Mass wasting, debris
						flows, rock falls, and differential settlement.
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 THREE - GUIDELINES › Section 365-190-130 - Fish and wildlife habitat conservation areas

Current through Register Vol. 24-14, July 15, 2024
(1) "Fish and wildlife habitat conservation"
						means land management for maintaining populations of species in suitable
						habitats within their natural geographic distribution so that the habitat
						available is sufficient to support viable populations over the long term and
						isolated subpopulations are not created. This does not mean maintaining all
						individuals of all species at all times, but it does mean not degrading or
						reducing populations or habitats so that they are no longer viable over the
						long term. Counties and cities should engage in cooperative planning and
						coordination to help assure long term population viability.
Fish and wildlife habitat conservation areas contribute to
							the state's biodiversity and occur on both publicly and privately owned lands.
							Designating these areas is an important part of land use planning for
							appropriate development densities, urban growth area boundaries, open space
							corridors, and incentive-based land conservation and stewardship
							programs.
(2) Fish and
						wildlife habitat conservation areas that must be considered for classification
						and designation include:
(a) Areas where
						endangered, threatened, and sensitive species have a primary
						association;
(b) Habitats and
						species of local importance, as determined locally;
(c) Commercial and recreational shellfish
						areas;
(d) Kelp and eelgrass beds;
						herring, smelt, and other forage fish spawning areas;
(e) Naturally occurring ponds under twenty
						acres and their submerged aquatic beds that provide fish or wildlife
						habitat;
(f) Waters of the
						state;
(g) Lakes, ponds, streams,
						and rivers planted with game fish by a governmental or tribal entity;
						and
(h) State natural area
						preserves, natural resource conservation areas, and state wildlife
						areas.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-191 - VOLUNTARY STEWARDSHIP PROGRAM APPROVAL PROCEDURES › Part ONE - GENERAL CONSIDERATION › Section 365-191-010 - Purpose and authority

Current through Register Vol. 24-14, July 15, 2024
(1)Chapter 360, Laws of 2011 establishes the
						voluntary stewardship program as an alternative approach for counties to
						protect critical areas on agricultural lands. The voluntary stewardship program
						is not limited to designated agricultural lands of long-term commercial
						significance. The program is administered by the conservation
						commission.
(2)A county that
						chooses to participate in the program is required to develop work plans to
						protect critical areas while maintaining the viability of agriculture through
						voluntary, incentive-based measures.
(3)If a watershed is subject to
						RCW
						 36.70A.735(2) then a county
						is given eighteen months to take one of four actions.
(4)The purpose of this chapter is to adopt
						rules to implement procedures for two of those four options: Department
						approval of a watershed work plan under
						RCW
						 36.70A.735(1)(a); and
						department certification of development regulations under
						RCW
						 36.70A.735(1)(c).
(5) This chapter is established pursuant to
						RCW
						 36.70A.735(3).
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-191 - VOLUNTARY STEWARDSHIP PROGRAM APPROVAL PROCEDURES › Part ONE - GENERAL CONSIDERATION › Section 365-191-020 - Definitions of terms as used in this chapter

Current through Register Vol. 24-14, July 15, 2024
(1) "Agricultural activities" means all
						agricultural uses and practices as defined in
						RCW
						 90.58.065.
(2)"Commission" means the state conservation
						commission as defined in
						RCW
						 89.08.030.
(3)"Department" means the department of
						commerce.
(4)"Director" means the
						executive director of the state conservation commission.
(5)"Enhance" or "enhancement" means to
						improve the processes, structure, and functions existing, as of July 22, 2011,
						of ecosystems and habitats associated with critical areas.
(6)"Protect" or "protecting" means to prevent
						the degradation of functions and values existing as of July 22, 2011.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-191 - VOLUNTARY STEWARDSHIP PROGRAM APPROVAL PROCEDURES › Part TWO - WATERSHED WORK PLAN SUBMITTAL › Section 365-191-200 - County duties if a work plan is not approved, fails, or is unfunded

Current through Register Vol. 24-14, July 15, 2024
If a watershed work plan falls under
							RCW
							 36.70A.735(2), and the
							county chooses to develop, adopt, and implement a watershed work plan as
							described in
							RCW
							 36.70A.735(1)(a), then the
							county will fall under one of these scenarios:
(1)Work plan not approved by commission: This
						section applies if the director did not approve a work plan submitted by the
						county.
(2)Work plan goals and
						benchmarks have not been met: This section applies if, within five years after
						receipt of funding, the watershed group finds that goals and benchmarks have
						not been met, and the director does not approve an adaptive management plan
						submitted by the county to meet the goals and benchmarks.
(3) Adequate funding not received by county
						or state agencies with responsibilities: The commission has determined under
						RCW
						 36.70A.740 that the county, department,
						commission, or departments of agriculture, ecology, or fish and wildlife have
						not received adequate funding to implement a program in the watershed;
						or
(4)Adequate funding not received
						by the watershed: The commission has determined under
						RCW
						 36.70A.740 that the watershed has not
						received adequate funding to implement the program.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-191 - VOLUNTARY STEWARDSHIP PROGRAM APPROVAL PROCEDURES › Part TWO - WATERSHED WORK PLAN SUBMITTAL › Section 365-191-210 - County submittal requirements

Current through Register Vol. 24-14, July 15, 2024
(1) If a work plan is not approved by the
						director, then the county must submit the following information to the
						department:
(a) The work plan and any
						supporting documentation submitted to the commission;
(b)The revised work plan and a description of
						how the county has addressed any deficiencies or issues cited by the
						commission;
(c)Evidence of adequate
						public notice;
(d) Copies of all
						public, agency and tribal comments received, including a record of names and
						addresses of interested parties involved in the local government review
						process;
(e)Adopted resolutions of
						the county legislative body, if any; and
(f)Meeting minutes and public testimony for
						those meetings.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-191 - VOLUNTARY STEWARDSHIP PROGRAM APPROVAL PROCEDURES › Part TWO - WATERSHED WORK PLAN SUBMITTAL › Section 365-191-220 - Process and criteria for department to review a county's watershed work plan

Current through Register Vol. 24-14, July 15, 2024
(1) A county
						choosing to develop, adopt, and implement a watershed work plan under
						RCW
						 36.70A.735(1)(a) shall
						notify the department not less than one hundred twenty days prior to its
						submittal of their intent and which of the four scenarios under
						RCW
						 36.70A.735(2) it falls
						under.
(2) Prior to submitting the
						information as specified in WAC 365-191-210 to the department, the county shall
						conduct a public process consistent with locally adopted procedures.
(3) The department shall provide notice of
						the county submittal as follows:
(a)
Washington State
						Register
;
(b)Agency e-mail
						distribution list;
(c)Agency web
						site; and
(d)Commission.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-191 - VOLUNTARY STEWARDSHIP PROGRAM APPROVAL PROCEDURES › Part TWO - WATERSHED WORK PLAN SUBMITTAL › Section 365-191-230 - Appeals

Current through Register Vol. 24-14, July 15, 2024
(1) The
						department's decision is subject to appeal under
						RCW
						 36.70A.280 to the growth management hearings
						board.
(2)The sixty-day appeal of a
						petition for review of the department's decision must be filed with the growth
						management hearings board within sixty days of publication in the
Washington State Register
.
(3) Only those parties with standing under
						RCW
						 36.70A.280(2) may appeal the
						department's decision.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-191 - VOLUNTARY STEWARDSHIP PROGRAM APPROVAL PROCEDURES › Part THREE - DEVELOPMENT REGULATION SUBMITTAL › Section 365-191-300 - Local process to review and if necessary revise development regulations to be certified by the department as protective of critical areas in areas used for agricultural activities

Current through Register Vol. 24-14, July 15, 2024
(1) A county choosing to adopt development
						regulations under
						RCW
						 36.70A.735(1)(c) must
						notify the department in writing of its intent to submit existing or amended
						regulations for certification prior to initiating the regulation adoption
						process. Early notice is encouraged and will allow for consultation with the
						department and other agencies. Reviewing agencies shall coordinate between each
						other and with counties to ensure a common understanding of issues and options
						to address concerns.
(2) Prior to
						submitting development regulations to the department for certification, a
						county must conduct a public process consistent with locally adopted
						procedures.
(3)A county may submit
						draft regulations to the department for precertification. Precertification
						means submittal of draft regulations to the department for review and a
						nonbinding determination whether the draft regulations could be certified or,
						if not, what changes would be necessary. The department will review the draft
						regulations and provide a written opinion whether the regulations meet the
						criteria specified in WAC 365-191-330.
(a)
						Precertification is offered to identify significant issues prior to submittal
						to the department for formal certification.
(b)Prior to making its precertification
						determination, the department must consult reviewing state agencies, including
						the departments of agriculture, ecology, fish and wildlife, and the commission,
						as specified in
						RCW
						 36.70A.735(1)(c).
(c) Precertification does not guarantee the
						outcome of the final department certification decision.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-191 - VOLUNTARY STEWARDSHIP PROGRAM APPROVAL PROCEDURES › Part THREE - DEVELOPMENT REGULATION SUBMITTAL › Section 365-191-310 - Submittal of proposed regulations to the department for certification

Current through Register Vol. 24-14, July 15, 2024
(1) The department
						will provide a checklist of materials that must be included with the submittal
						of proposed regulations for certification. The checklist will not create new or
						additional requirements beyond the provisions of this chapter. At a minimum,
						the submittal must include the entire public record of the county development
						regulation adoption process, including:
(a)Proposed regulations;
(b)Evidence of adequate public
						notice;
(c)Evidence of compliance
						with chapter 43.21C
						RCW, (SEPA);
(d) Copies of all
						public written comments received, including a record of names and addresses of
						interested parties involved in the local government review process;
(e) Planning commission findings and
						recommendations;
(f)Adopted
						resolutions, if any, of the county legislative body; and
(g)Meeting minutes and public
						testimony.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-191 - VOLUNTARY STEWARDSHIP PROGRAM APPROVAL PROCEDURES › Part THREE - DEVELOPMENT REGULATION SUBMITTAL › Section 365-191-320 - Department process for certification of development regulations

Current through Register Vol. 24-14, July 15, 2024
(1) After making a
						determination of completeness, the department will notify reviewing agencies
						listed in WAC 365-191-300(3)(b) of the county's submittal and the time frame
						for their formal review and comment.
(2)Reviewing agencies shall have thirty days
						to review and comment on the proposed regulations.
(3)The department shall provide notice of the
						county's request for certification as follows:
(a)
Washington State
						Register
;
(b)The
						department e-mail distribution list;
(c)The department web site;
(d)Local conservation districts.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-191 - VOLUNTARY STEWARDSHIP PROGRAM APPROVAL PROCEDURES › Part THREE - DEVELOPMENT REGULATION SUBMITTAL › Section 365-191-330 - Review criteria

Current through Register Vol. 24-14, July 15, 2024
(1)
						The scope of the department's review shall be limited to a review of existing
						or proposed development regulations submitted for certification and whether the
						regulations address the protection of critical areas in areas used for
						agricultural activities.
(2)
						Counties may consider Clallam, Clark, King, or Whatcom county's critical area
						regulation, in effect on July 1, 2011, as example regulations that protect
						critical areas in areas used for agricultural activities. Counties may also
						consider development regulations of another local government as long as those
						regulations have been upheld by a growth management hearings board or court
						after July 1, 2011.
(3)Regulations
						shall support the continuation of existing and ongoing agricultural
						operations.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-191 - VOLUNTARY STEWARDSHIP PROGRAM APPROVAL PROCEDURES › Part THREE - DEVELOPMENT REGULATION SUBMITTAL › Section 365-191-340 - Procedures for amending development regulations after department certification

Current through Register Vol. 24-14, July 15, 2024
After initial certification under WAC 365-191-050, the
							department has no authority to certify future amendments proposed by
							counties.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-191 - VOLUNTARY STEWARDSHIP PROGRAM APPROVAL PROCEDURES › Part THREE - DEVELOPMENT REGULATION SUBMITTAL › Section 365-191-350 - Appeals

Current through Register Vol. 24-14, July 15, 2024
(1) The
						department's decision is subject to appeal under
						RCW
						 36.70A.280 to the growth management hearings
						board.
(2) The sixty-day appeal
						period shall commence upon the date the department's decision is published in
						the
Washington State Register
.
(3) Only those parties with standing under
						RCW
						 36.70A.280(2) may appeal the
						department's certification decision.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-195 - Growth Management Act-Best available science › Part NINE - BEST AVAILABLE SCIENCE › Section 365-195-900 - Background and purpose

Current through Register Vol. 24-14, July 15, 2024
(1)
						Counties and cities planning under
						RCW
						 36.70A.040 are subject to continuing review
						and evaluation of their comprehensive land use plan and development
						regulations. Every five years they must take action to review and revise their
						plans and regulations, if needed, to ensure they comply with the requirements
						of the Growth Management Act.
						RCW
						 36.70A.130.
(2) Counties and cities must include the
						"best available science" when developing policies and development regulations
						to protect the functions and values of critical areas and must give "special
						consideration" to conservation or protection measures necessary to preserve or
						enhance anadromous fisheries.
						RCW
						 36.70A.172(1). The rules in
						WAC 365-195-900 through
						365-195-925 are intended to
						assist counties and cities in identifying and including the best available
						science in newly adopted policies and regulations and in this periodic review
						and evaluation and in demonstrating they have met their statutory obligations
						under RCW
						 36.70A.172(1).
(3) The inclusion of the best available
						science in the development of critical areas policies and regulations is
						especially important to salmon recovery efforts, and to other decision-making
						affecting threatened or endangered species.
(4) These rules are adopted under the
						authority of
						RCW
						 36.70A.190(4)(b) which
						requires the department of community, trade, and economic development
						(department) to adopt rules to assist counties and cities to comply with the
						goals and requirements of the Growth Management Act.
Statutory Authority:
								RCW
								36.70A.190(4)(b). 01-08-056,
								§
											365-195-900, filed 4/2/01,
								effective 5/3/01; 00-16-064, §
											365-195-900, filed 7/27/00,
								effective 8/27/00.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-195 - Growth Management Act-Best available science › Part NINE - BEST AVAILABLE SCIENCE › Section 365-195-910 - Criteria for obtaining the best available science

Current through Register Vol. 24-14, July 15, 2024
(1) Consultation with state and federal
						natural resources agencies and tribes can provide a quick and cost-effective
						way to develop scientific information and recommendations. State natural
						resource agencies provide numerous guidance documents and model ordinances that
						incorporate the agencies' assessments of the best available science. The
						department can provide technical assistance in obtaining such information from
						state natural resources agencies, developing model GMA-compliant critical areas
						policies and development regulations, and related subjects. The department will
						make available to interested parties a current list of the best available
						science determined to be consistent with criteria set out in WAC
						365-195-905 as identified by
						state or federal natural resource agencies for critical areas.
(2) A county or city may compile scientific
						information through its own efforts, with or without the assistance of
						qualified experts, and through state agency review and the Growth Management
						Act's required public participation process. The county or city should assess
						whether the scientific information it compiles constitutes the best available
						science applicable to the critical areas to be protected, using the criteria
						set out in WAC
						365-195-900 through
						365-195-925 and any technical
						guidance provided by the department. If not, the county or city should identify
						and assemble additional scientific information to ensure it has included the
						best available science.
Statutory Authority:
								RCW
								36.70A.190(4)(b). 00-16-064,
								§
											365-195-910, filed 7/27/00,
								effective 8/27/00.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-195 - Growth Management Act-Best available science › Part NINE - BEST AVAILABLE SCIENCE › Section 365-195-915 - Criteria for including the best available science in developing policies and development regulations

Current through Register Vol. 24-14, July 15, 2024
(1) To
						demonstrate that the best available science has been included in the
						development of critical areas policies and regulations, counties and cities
						should address each of the following on the record:
(a) The specific policies and development
						regulations adopted to protect the functions and values of the critical areas
						at issue.
(b) The relevant sources
						of best available scientific information included in the
						decision-making.
(c) Any
						nonscientific information -- including legal, social, cultural, economic, and
						political information -- used as a basis for critical area policies and
						regulations that depart from recommendations derived from the best available
						science. A county or city departing from science-based recommendations should:
(i) Identify the information in the record
						that supports its decision to depart from science-based
						recommendations;
(ii) Explain its
						rationale for departing from science-based recommendations; and
(iii) Identify potential risks to the
						functions and values of the critical area or areas at issue and any additional
						measures chosen to limit such risks. State Environmental Policy Act (SEPA)
						review often provides an opportunity to establish and publish the record of
						this assessment.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-195 - Growth Management Act-Best available science › Part NINE - BEST AVAILABLE SCIENCE › Section 365-195-920 - Criteria for addressing inadequate scientific information

Current through Register Vol. 24-14, July 15, 2024
Where there is an absence of valid scientific information or
							incomplete scientific information relating to a county's or city's critical
							areas, leading to uncertainty about which development and land uses could lead
							to harm of critical areas or uncertainty about the risk to critical area
							function of permitting development, counties and cities should use the
							following approach:
(1) A
						"precautionary or a no risk approach," in which development and land use
						activities are strictly limited until the uncertainty is sufficiently resolved;
						and
(2) As an interim approach, an
						effective adaptive management program that relies on scientific methods to
						evaluate how well regulatory and nonregulatory actions achieve their
						objectives. Management, policy, and regulatory actions are treated as
						experiments that are purposefully monitored and evaluated to determine whether
						they are effective and, if not, how they should be improved to increase their
						effectiveness. An adaptive management program is a formal and deliberate
						scientific approach to taking action and obtaining information in the face of
						uncertainty. To effectively implement an adaptive management program, counties
						and cities should be willing to:
(a) Address
						funding for the research component of the adaptive management
						program;
(b) Change course based on
						the results and interpretation of new information that resolves uncertainties;
						and
(c) Commit to the appropriate
						time frame and scale necessary to reliably evaluate regulatory and
						nonregulatory actions affecting critical areas protection and anadromous
						fisheries.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-195 - Growth Management Act-Best available science › Part NINE - BEST AVAILABLE SCIENCE › Section 365-195-925 - Criteria for demonstrating "special consideration" has been given to conservation or protection measures necessary to preserve or enhance anadromous fisheries

Current through Register Vol. 24-14, July 15, 2024
(1)RCW
						 36.70A.172(1) imposes two
						distinct but related requirements on counties and cities. Counties and cities
						must include the "best available science" when developing policies and
						development regulations to protect the functions and values of critical areas,
						and counties and cities must give "special consideration" to conservation or
						protection measures necessary to preserve or enhance anadromous fisheries.
						Local governments should address both requirements in
						RCW
						 36.70A.172(1) when
						developing their records to support their critical areas policies and
						development regulations.
(2) To
						demonstrate compliance with
						RCW
						 36.70A.172(1), a county or
						city adopting policies and development regulations to protect critical areas
						should include in the record evidence that it has given "special consideration"
						to conservation or protection measures necessary to preserve or enhance
						anadromous fisheries. The record should be developed using the criteria set out
						in WAC 365-195-900 through
						365-195-925 to ensure that
						conservation or protection measures necessary to preserve or enhance anadromous
						fisheries are grounded in the best available science.
(3) Conservation or protection measures
						necessary to preserve or enhance anadromous fisheries include measures that
						protect habitat important for all life stages of anadromous fish, including,
						but not limited to, spawning and incubation, juvenile rearing and adult
						residence, juvenile migration downstream to the sea, and adult migration
						upstream to spawning areas. Special consideration should be given to habitat
						protection measures based on the best available science relevant to stream
						flows, water quality and temperature, spawning substrates, instream structural
						diversity, migratory access, estuary and nearshore marine habitat quality, and
						the maintenance of salmon prey species. Conservation or protection measures can
						include the adoption of interim actions and long-term strategies to protect and
						enhance fisheries resources.
Statutory Authority:
								RCW
								36.70A.190(4)(b). 00-16-064,
								§
											365-195-925, filed 7/27/00,
								effective 8/27/00.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-196 - Growth Management Act-Procedural criteria for adopting comprehensive plans and development regulations › Part ONE - GENERAL CONSIDERATIONS › Section 365-196-020 - Purpose

Current through Register Vol. 24-14, July 15, 2024
(1) Within the
						framework established by the act, counties and cities may accommodate a wide
						diversity of local visions. There is no exclusive method for accomplishing the
						requirements of the act.
(2) In
						light of the complexity and difficulty of the task, the legislature required
						the department to establish a technical assistance program. As part of that
						program, the department must adopt by rule procedural criteria to assist
						counties and cities in adopting comprehensive plans and development regulations
						that meet the goals and requirements of the act.
(3) Definitions and interpretations made in
						this chapter by the department, but not expressly set forth in the act, are
						identified as such. The department's purpose is to provide assistance in
						interpreting the act, not to add provisions and meanings beyond those intended
						by the legislature. For definitions of specific terms used in this chapter see
						WAC 365-196-210.
Statutory Authority:
								RCW
								36.70A.050 and
								36.70A.190. 10-03-085, §
											365-196-020, filed 1/19/10,
								effective 2/19/10.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-196 - Growth Management Act-Procedural criteria for adopting comprehensive plans and development regulations › Part ONE - GENERAL CONSIDERATIONS › Section 365-196-030 - Applicability

Current through Register Vol. 24-14, July 15, 2024
(1) Where these
						guidelines apply.
(a) This chapter applies to
						all counties and cities that are required to plan or choose to plan under
						RCW
						 36.70A.040.
(b) WAC
						365-196-830 addressing protection
						of critical areas applies to all counties and cities, including those that do
						not fully plan under
						RCW
						 36.70A.040.
(c) As of May 1, 2009, the following counties
						and cities within them are not required to fully plan under
						RCW
						 36.70A.040: Adams, Asotin, Cowlitz, Grays
						Harbor, Klickitat, Lincoln, Okanogan, Wahkiakum, Skamania, and
						Whitman.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-196 - Growth Management Act-Procedural criteria for adopting comprehensive plans and development regulations › Part ONE - GENERAL CONSIDERATIONS › Section 365-196-040 - Standard of review

Current through Register Vol. 24-14, July 15, 2024
(1)
						Comprehensive plans and development regulations adopted under the act are
						presumed valid upon adoption. No state approval is required.
(2) An appeal of a local comprehensive plan
						or development regulation alleging a violation of the act must be filed with
						the growth management hearings board (the board). The board must find
						compliance unless it determines that the action by the state agency, county, or
						city is clearly erroneous in view of the entire record before the board and in
						light of the goals and requirements of the act. To find an action clearly
						erroneous, the board must be left with a firm and definite conclusion that a
						mistake was made.
(3) Although a
						county or city does not have to prove compliance, if challenged, it must
						provide to the hearings board an index of "the record" - all material used in
						taking the action which is the subject of the challenge. See WAC 242-02-520.
						This record should include the documents containing the factual basis for
						determining that the challenged action complies with the act. This information
						may be contained in the comprehensive plan or development regulations, in the
						findings of the adopting ordinance or resolution, or in accompanying background
						documents, such as staff reports.
Statutory Authority:
								RCW
								36.70A.050,
								36.70A.190. 10-22-103, §
											365-196-040, filed 11/2/10,
								effective 12/3/10; 10-03-085, §
											365-196-040, filed 1/19/10,
								effective 2/19/10.
Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-196 - Growth Management Act-Procedural criteria for adopting comprehensive plans and development regulations › Part ONE - GENERAL CONSIDERATIONS › Section 365-196-050 - Regional and local variations

Current through Register Vol. 24-14, July 15, 2024
(1) Regional and local variations and the
						diversity that exist among different counties and cities should be reflected in
						the use and application of these procedural criteria.
(2) Recognition of variations and diversity
						is implicit in the act's framework, with an emphasis on a "bottom up" planning
						process and on public participation. Such recognition is also inherent in the
						listing of goals without assignment of priority. Accordingly, this chapter
						seeks to accommodate regional and local differences by focusing on an
						analytical process, instead of on specific outcomes.
(3) Local plans and development regulations
						are expected to vary in complexity and in level of detail depending on
						population size, growth rates, resources available for planning and scale of
						public facilities, and services provided.
(4) In general, smaller jurisdictions will
						not be expected to engage in extensive original research, but will be able to
						rely upon reasonable assumptions derived from available data of a statewide or
						regional nature or representative of jurisdictions of comparable size and
						growth rates.
(5) When commenting
						on plans and regulations proposed for adoption, state agencies, including the
						department, should be guided by a common sense appreciation of the size of the
						jurisdiction involved, the magnitude of the problems addressed, and the context
						of the submitted changes.
(6) The
						department has developed a variety of technical assistance materials for
						counties and cities that may be used to help guide local planning.
Statutory Authority:
								RCW
								36.70A.050 and
								36.70A.190. 10-03-085, §
											365-196-050, filed 1/19/10,
								effective 2/19/10.