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 FIVE - CONSISTENCY AND COORDINATION › Section 365-196-550 - Essential public facilities

Current through Register Vol. 24-14, July 15, 2024
(1)
						Determining what facilities are essential public facilities.
(a) The term "essential public facilities"
						refers to public facilities that are typically difficult to site. Consistent
						with county-wide planning policies, counties and cities should create their own
						lists of "essential public facilities," to include at a minimum those set forth
						in RCW
						 36.70A.200.
(b) For the purposes of identifying
						facilities subject to the "essential public facilities" siting process, it is
						not necessary that the facilities be publicly owned.
(c) Essential public facilities include both
						new and existing facilities. It may include the expansion of existing essential
						public facilities or support activities and facilities necessary for an
						essential public facility.
(d) The
						following facilities and types of facilities are identified in
						RCW
						 36.70A.200 as essential public facilities:
(i) Airports;
(ii) State education facilities;
(iii) State or regional transportation
						facilities;
(iv) Transportation
						facilities of statewide significance as defined in
						RCW
						 47.06.140. These include:
(A) The interstate highway system;
(B) Interregional state principal arterials
						including ferry connections that serve statewide travel;
(C) Intercity passenger rail
						services;
(D) Intercity high-speed
						ground transportation;
(E) Major
						passenger intermodal terminals excluding all airport facilities and
						services;
(F) The freight railroad
						system;
(G) The Columbia/Snake
						navigable river system;
(H) Marine
						port facilities and services that are related solely to marine activities
						affecting international and interstate trade;
(I) High capacity transportation
						systems.
(v) Regional
						transit authority facilities as defined under
						RCW
						 81.112.020;
(vi) State and local correctional
						facilities;
(vii) Solid waste
						handling facilities;
(viii)
						In-patient facilities, including substance abuse facilities;
(ix) Mental health facilities;
(x) Group homes;
(xi) Secure community transition
						facilities;
(xii) Any facility on
						the state ten-year capital plan maintained by the office of financial
						management.
(e)
						Essential public facility criteria apply to the facilities and not the
						operator. Cities and counties may not require applicants who operate essential
						public facilities to use an essential public facility siting process for
						projects that would otherwise be allowed by the development regulations.
						Applicants who operate essential public facilities may not use an essential
						public facility siting process to obtain approval for projects that are not
						essential public facilities.
(f)
						Regardless of whether it is a new, existing or an expansion or modification of
						an existing public facility, the major component in the identification of an
						essential public facility is whether it provides or is necessary to provide a
						public service and whether it is difficult to site.