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 365-190-040 - Process

Current through Register Vol. 24-14, July 15, 2024
(1) The
						classification and designation of natural resource lands and critical areas is
						an important step among several in the overall growth management process. These
						steps, outlined in subsections (4) and (5) of this section comprise a vision of
						the future, and that vision gives direction to the steps in the form of
						specific goals and objectives. Under the act, the timing of the first steps
						coincided with development of the larger vision through the comprehensive
						planning process.
(2) The act
						required preliminary classifications and designations of natural resource lands
						and critical areas to be completed in 1991. Counties and cities planning under
						the act were to enact interim regulations to protect and conserve these natural
						resource lands and critical areas by September 1, 1991. By July 1, 1992,
						counties and cities not planning under the act were to bring their development
						regulations into conformance with their comprehensive plans. By July 1, 1993,
						counties and cities planning under the act were to adopt comprehensive plans,
						consistent with the goals of the act. Implementation of the comprehensive plans
						was to occur by the following year.
(3) Under
						RCW
						 36.70A.130, all counties and cities must
						review, and if needed, update their natural resource lands and critical areas
						designations. Counties and cities fully planning under the act must also review
						and, if needed, update their natural resource lands conservation provisions,
						comprehensive plans and development regulations. Legal challenges to some
						updates have led to clarifications of the ongoing review and update
						requirements in
						RCW
						 36.70A.130, and the process for implementing
						those requirements. The process description and recommendations in this section
						incorporate those clarifications and describe both the initial designation and
						conservation or protection of natural resource lands and critical areas, as
						well as subsequent local actions to amend those designations and
						provisions.
(4) Classification is
						the first step in implementing
						RCW
						 36.70A.170 and requires defining categories
						to which natural resource lands and critical areas will be assigned.
(a) Counties and cities are encouraged to
						adopt classification schemes that are consistent with federal and state
						classification schemes and those of adjacent jurisdictions to ensure regional
						consistency. Specific classification schemes for natural resource lands and
						critical areas are described in WAC
						365-190-050 through
						365-190-130.
(b) State agency classification schemes are
						available for specific critical area types, including the wetlands rating
						systems for eastern and western Washington from the Washington state department
						of ecology, the priority habitats and species categories and recommendations
						from the Washington state department of fish and wildlife, and the high quality
						ecosystem and rare plant categories and listings from the department of natural
						resources, natural heritage program. The Washington state department of natural
						resources provides significant information on geologic hazards and aquatic
						resources that may be useful in classifying these critical areas. Not all areas
						classified by state agencies must be designated, but such areas may be likely
						candidates for designation.