reglab/statecodes huggingface dataset:
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 365-196-520 - Coordination with other county and city comprehensive plans

Current through Register Vol. 24-14, July 15, 2024
(1) Each county and city planning under the
						act should circulate its proposed comprehensive plan to other counties and
						cities with which it shares a common border or has related regional issues. The
						proposed comprehensive plan should be accompanied by the relevant environmental
						documents.
(2) Reviewing counties
						and cities are presumed to have concurred with the provisions of the
						comprehensive plan, unless within a reasonable period of time, they provide
						written comment identifying comprehensive plan features that will preclude or
						interfere with the achievement of their own comprehensive plans.
(3) All counties and cities should attempt to
						resolve conflicts over interjurisdictional consistency through consultation and
						negotiation. Additional guidance for interjurisdictional consistency is located
						in WAC 365-196-510.
Statutory Authority:
								RCW
								36.70A.050 and
								36.70A.190. 10-03-085, §
											365-196-520, 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 FIVE - CONSISTENCY AND COORDINATION › Section 365-196-530 - State agency compliance

Current through Register Vol. 24-14, July 15, 2024
(1)RCW
						 36.70A.103 requires that state agencies
						comply with the local comprehensive plans and development regulations, and
						subsequent amendments, adopted pursuant to the act. An exception to this
						requirement exists for the state's authority to site and operate a special
						commitment center and a secure community transition facility to house persons
						conditionally released to a less restrictive alternative on McNeil Island under
						RCW
						 36.70A.200.
(2) The department construes
						RCW
						 36.70A.103 to require each state agency to
						meet local siting and building requirements when it occupies the position of an
						applicant proposing development, except where specific legislation explicitly
						dictates otherwise. This means that development of state facilities is subject
						to local approval procedures and substantive provisions, including zoning,
						density, setbacks, bulk and height restrictions.
(3) Under
						RCW
						 36.70A.210(4), state
						agencies must follow adopted county-wide planning policies. Consistent with
						other statutory mandates, state programs should be administered in a manner
						which does not interfere with implementation of the county framework for
						interjurisdictional consistency, or the exercise by any local government of its
						responsibilities and authorities under the act.
(4) Overall, the broad sweep of policy
						contained in the act implies a requirement that all programs at the state level
						accommodate the outcomes of the growth management process wherever possible.
						The exercise of statutory powers, whether in permit functions, grant funding,
						property acquisition or otherwise, routinely involves such agencies in
						discretionary decision making. The discretion they exercise should take into
						account legislatively mandated local growth management programs. State agencies
						that approve plans of special purpose districts that are required to be
						consistent with local comprehensive plans should provide guidance or technical
						assistance to those entities to explain the need to coordinate their planning
						with the local government comprehensive plans within which they provide
						service.
(5) After local adoption
						of comprehensive plans and development regulations under the act, state
						agencies should review their existing programs in light of the local plans and
						regulations. Within relevant legal constraints, this review should lead to
						redirecting the state's actions in the interests of consistency with the growth
						management effort.
Statutory Authority:
								RCW
								36.70A.050 and
								36.70A.190. 10-03-085, §
											365-196-530, 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 FIVE - CONSISTENCY AND COORDINATION › Section 365-196-540 - Compliance by regional agencies and special purpose districts

Current through Register Vol. 24-14, July 15, 2024
(1) Regional
						agencies and special purpose districts possess statutorily defined powers which
						include:
(a) Planning;
(b) Development;
(c) Regulatory;
(d) Facility management; and
(e) Taxing functions.
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 365-196-560 - Special siting statutes

Current through Register Vol. 24-14, July 15, 2024
(1)
						Comprehensive plans and development regulations adopted under the act should
						accommodate situations where the state has explicitly preempted all local land
						use regulations, as for example, in the siting of major energy facilities under
						RCW
						 80.50.110.
(2) Where special statutes relate
						specifically to the setting aside of designated areas for particular purposes
						and under particular management programs, local land use regulations adopted
						under the act should be consistent with those purposes and programs. Examples
						in this category are the statutes relating to:
(a) Natural resource conservation
						areas;
(b) Natural area
						preserves;
(c) Seashore
						conservation area;
(d) Scenic
						rivers.
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 365-196-570 - Secure community transition facilities

Current through Register Vol. 24-14, July 15, 2024
Requirements.
(1)
						Secure community transition facilities are essential public
						facilities.
(2) Counties and cities
						must either establish an essential public facility siting process, or amend
						their existing process to allow for the siting of secure community transition
						facilities, or be subject to preemption by the Washington state department of
						social and health services consistent with
						RCW
						 71.09.342.
(3) A failure to act before the September 1,
						2002, deadline does not constitute noncompliance for the purposes of grants and
						loans, and does not subject a county or city to a failure to act challenge to
						the growth management hearings board.
(4) If a county or city does not adopt an
						essential public facility siting process or does not amend its existing process
						to allow for the siting of a secure community transition facility, then the
						Washington state department of social and health services may preempt local
						development regulations as necessary to site and operate a secure community
						transition facility under
						RCW
						 71.09.285 through
						71.09.342. If the Washington state
						department of social and health services preempts local development
						regulations, the county or city may still participate in the siting process as
						provided in
						RCW
						 71.09.342.
(5) A local secure community transition
						facility siting process established by a city or county must be consistent
						with, and no more restrictive than, the siting process established in
						RCW
						 71.09.285 through
						71.09.342. The Washington state
						department of social and health services has final authority to determine if a
						locally adopted siting process allows for the siting of secure community
						transition facilities in compliance with
						RCW
						 71.09.285.
Statutory Authority:
								RCW
								36.70A.050,
								36.70A.190. 10-22-103, §
											365-196-570, filed 11/2/10,
								effective 12/3/10; 10-03-085, §
											365-196-570, 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 SIX - REVIEWING, AMENDING, AND UPDATING COMPREHENSIVE PLANS AND DEVELOPMENT REGULATIONS › Section 365-196-600 - Public participation

Current through Register Vol. 24-14, July 15, 2024
(1)
						Requirements.
(a) Each county and city
						planning under the act must establish procedures for early and continuous
						public participation in the development and amendment of comprehensive plans
						and development regulations. The procedures are not required to be
						reestablished for each set of amendments.
(b) The procedures must provide for broad
						dissemination of proposals and alternatives, opportunity for written comments,
						public meetings after effective notice, provision for open discussion,
						communication programs, information services, and consideration of and response
						to public comments. (c) Errors in exact compliance with the established
						procedures do not render the comprehensive plan or development regulations
						invalid if the spirit of the procedures is observed.
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 SIX - REVIEWING, AMENDING, AND UPDATING COMPREHENSIVE PLANS AND DEVELOPMENT REGULATIONS › Section 365-196-620 - Integration of State Environmental Policy Act process with creation and adoption of comprehensive plans and development regulations

Current through Register Vol. 24-14, July 15, 2024
(1) Adoption of
						comprehensive plans and development regulations are "actions" as defined under
						State Environmental Policy Act (SEPA). Counties and cities must comply with
						SEPA when adopting new or amended comprehensive plans and development
						regulations.
(2) Integration of
						SEPA review with other analysis required by the act.
(a) The SEPA process is supplementary to
						other governmental decision-making processes, including the processes involved
						in creating and adopting comprehensive plans and development regulations under
						the act. The thoughtful integration of SEPA compliance with the overall effort
						to implement the act will provide understanding and insight of significant
						value to the choices growth management requires.
(b) SEPA analysis and documentation can
						serve, in significant part, to fulfill the need to compile a record showing the
						considerations which went into the plan and why one alternative was chosen over
						another.
(c) When conducting a SEPA
						analysis, counties and cities should coordinate the development and evaluation
						of SEPA alternatives with other evaluations required by the act such as:
(i) Evaluation of fiscal impact required by
						RCW
						 36.70A.210;
(ii) Review of drainage, flooding and storm
						water runoff required by
						RCW
						 36.70A.070;
(iii) The forecast of future capital
						facilities needs required by
						RCW
						 36.70A.070(3); and
(iv) The traffic forecast, identification of
						system needs and analysis of funding capability required in
						RCW
						 36.70A.070(6)(a)(iii)(D), (E) and
						(F).
(d) Coordination should assure that these
						evaluations occur against a uniform set of alternatives and provide a complete
						picture of both the environmental and financial impacts of various
						alternatives.
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 SIX - REVIEWING, AMENDING, AND UPDATING COMPREHENSIVE PLANS AND DEVELOPMENT REGULATIONS › Section 365-196-630 - Submitting notice of intent to adopt to the state

Current through Register Vol. 24-14, July 15, 2024
(1) State notification and comment.
(a) The act requires each county or city
						proposing adoption of an original comprehensive plan or development regulation,
						or amendment, under the act, must notify the department of its intent at least
						sixty days prior to final adoption. Counties and cities may request expedited
						review for changes to the development regulations pursuant to
						RCW
						 36.70A.106(3)(b).
(b) State agencies, including the department,
						may provide comments on comprehensive plans, development regulations, and
						related amendments during the public review process.
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 SIX - REVIEWING, AMENDING, AND UPDATING COMPREHENSIVE PLANS AND DEVELOPMENT REGULATIONS › Section 365-196-640 - Comprehensive plan amendment procedures

Current through Register Vol. 24-14, July 15, 2024
(1) Each county or city should provide for an
						ongoing process to ensure:
(a) The
						comprehensive plan is internally consistent and consistent with the
						comprehensive plans of adjacent counties and cities. See WAC
						365-196-500 and
						365-196-510; and
(b) The development regulations are
						consistent with and implement the comprehensive plan.
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 SIX - REVIEWING, AMENDING, AND UPDATING COMPREHENSIVE PLANS AND DEVELOPMENT REGULATIONS › Section 365-196-650 - Implementation strategy

Current through Register Vol. 24-14, July 15, 2024
Each county or city planning under the act should develop a
							strategy for implementing its comprehensive plan. The strategy should describe
							the regulatory and nonregulatory measures (including actions for acquiring and
							spending money) to be used to implement the comprehensive plan. The strategy
							should identify each of the development regulations needed.
(1) Selection. In determining the specific
						regulations to be adopted, counties and cities may select from a wide variety
						of types of controls. The strategy should include consideration of:
(a) The choice of substantive requirements,
						such as the delineation of use zones; general development limitations
						concerning lot size, setbacks, bulk, height, density; provisions for
						environmental protection; urban design guidelines and design review criteria;
						specific requirements for affordable housing, landscaping, parking; levels of
						service, concurrency regulations and other measures relating to public
						facilities.
(b) The means of
						applying the substantive requirements, such as methods of prior approval
						through permits, licenses, franchises, or contracts.
(c) The processes to be used in applying the
						substantive requirements, such as permit application procedures, hearing
						procedures, approval deadlines, and appeals.
(d) The methods of enforcement, such as
						inspections, reporting requirements, bonds, permit revocation, civil penalties,
						and abatement.
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 SIX - REVIEWING, AMENDING, AND UPDATING COMPREHENSIVE PLANS AND DEVELOPMENT REGULATIONS › Section 365-196-660 - Supplementing, amending, and monitoring

Current through Register Vol. 24-14, July 15, 2024
(1) New development regulations may be
						adopted as the need for supplementing the initial implementation strategy
						becomes apparent.
(2) Counties and
						cities should institute an annual review of growth management implementation on
						a systematic basis. To aid in this process, counties and cities planning under
						the act should consider establishing a growth management monitoring program
						designed to measure and evaluate the progress being made toward accomplishing
						the act's goals and the provisions of the comprehensive plan.
(a) This process should also include a review
						of comprehensive plan or regulatory deficiencies encountered during project
						review.
(b) This process should be
						integrated with provisions for continuous public involvement. See WAC
						365-196-600.
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 SEVEN - RELATIONSHIP OF GROWTH MANAGEMENT PLANNING TO OTHER LAWS › Section 365-196-700 - Background

Current through Register Vol. 24-14, July 15, 2024
(1) For counties and
						cities subject to its terms, the act mandates the development of comprehensive
						plans and development regulations that meet statutory goals and requirements.
						These comprehensive plans and development regulations will take their place
						among existing laws relating to resource management, environmental protection,
						regulation of land use, utilities and public facilities. Many of these existing
						laws were neither repealed nor amended by the act.
(2) The circumstances outlined in subsection
						(1) of this section place responsibility both on local growth management
						planners and on administrators of preexisting programs to work toward producing
						a single harmonious body of law.
(3) The need to consider and recognize other
						laws should profoundly influence, limit, and shape planning and decision making
						under the act. At the same time, in recognition of the broad and fundamental
						changes intended by creation of the growth management scheme, prior programs
						should be interpreted and directed, to the maximum extent possible, in a manner
						consistent with the products of the comprehensive growth management system, as
						described in WAC
						365-196-305,
						365-196-500, and
						365-196-510.
(4) The far-reaching nature of the act and
						the wide variety of possible outcomes under its authority dictate that
						identification of all the points of contact between its products and other laws
						will have to be elaborated over time. The entire process of determining how the
						act fits into the overall legal framework will, of necessity, be an incremental
						one.
(5) A conscious effort to
						address the requirements of other existing law is an essential step in adopting
						and amending local plans and regulations. This need poses an unprecedented
						challenge to all governmental entities - municipalities, counties, regional
						authorities, special purpose districts and state agencies - to communicate and
						collaborate. The act is a mandate to government at all levels to engage in
						coordinated planning and cooperative implementation.
Statutory Authority:
								RCW
								36.70A.050 and
								36.70A.190. 10-03-085, §
											365-196-700, 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 SEVEN - RELATIONSHIP OF GROWTH MANAGEMENT PLANNING TO OTHER LAWS › Section 365-196-705 - Basic assumptions

Current through Register Vol. 24-14, July 15, 2024
(1)
						Where the legislature has spoken expressly on the relationship of the act to
						other statutory provisions, the explicit legislative directions shall be
						carried out. Examples of such express provisions are set forth in WAC
						365-196-745.
(2) Absent a clear statement of legislative
						intent or judicial interpretation to the contrary, it should be presumed that
						neither the act nor other statutes are intended to be preemptive. Rather they
						should be read together and, wherever possible, construed as mutually
						consistent. However, the legislature has identified the act as a fundamental
						building block of regulatory reform, and it should serve as the integrating
						framework for all other local land-use regulations.
Statutory Authority:
								RCW
								36.70A.050 and
								36.70A.190. 10-03-085, §
											365-196-705, 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 SEVEN - RELATIONSHIP OF GROWTH MANAGEMENT PLANNING TO OTHER LAWS › Section 365-196-710 - Identification of other laws

Current through Register Vol. 24-14, July 15, 2024
(1) In
						developing and amending comprehensive plans and implementing regulations,
						counties and cities planning under the act should identify other statutes and
						legal authorities affecting subjects addressed in their comprehensive plans and
						development regulations.
(2) To aid
						in this identification, state agencies, regional authorities, special districts
						and utilities should implement programs to inform counties and cities of
						programs and provisions within their jurisdiction or expertise that are
						relevant to growth management planning actions.
(3) Agencies that review and comment on draft
						comprehensive plans, or on related State Environmental Policy Act documents,
						should take advantage of these opportunities to advise planning jurisdictions
						of preexisting programs and related legal authorities.
Statutory Authority:
								RCW
								36.70A.050 and
								36.70A.190. 10-03-085, §
											365-196-710, 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 SEVEN - RELATIONSHIP OF GROWTH MANAGEMENT PLANNING TO OTHER LAWS › Section 365-196-715 - Integrating external considerations

Current through Register Vol. 24-14, July 15, 2024
(1) County and city planners should take
						advantage of data and analyses prepared by other governmental agencies and use
						it to shape the form and content of comprehensive plans and development
						regulations under the act where relevant.
(2) Other governmental agencies should also
						use the data and analyses prepared by counties and cities in the formation of
						their comprehensive plans, especially when making assumptions about future land
						use patterns in areas covered by a local comprehensive plan.
(3) Governmental entities with expertise in
						subjects affecting or affected by the act and private companies that provide
						public services should, as practicable, offer technical assistance to counties
						and cities planning under the act.
(4) When drafting or amending comprehensive
						plans and development regulations, counties and cities should identify other
						related laws, evaluate any potential areas of conflict and make efforts to
						avoid such conflicts. Where the text of outside sources can appropriately serve
						local needs, consideration should be given to adoption of that text in local
						comprehensive plans or development regulations.
Statutory Authority:
								RCW
								36.70A.050 and
								36.70A.190. 10-03-085, §
											365-196-715, 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 SEVEN - RELATIONSHIP OF GROWTH MANAGEMENT PLANNING TO OTHER LAWS › Section 365-196-720 - Sources of law

Current through Register Vol. 24-14, July 15, 2024
(1) In seeking to
						identify other relevant legal authorities, planners should refer to sources at
						all levels of government, including federal and state constitutions, federal
						and state statutes, federal and state administrative regulations, and judicial
						interpretations thereof.
(2) The
						sources of law set forth in WAC
						365-196-725 through
						365-196-745 are intended to
						assist planners by highlighting various kinds of external legal provisions that
						should be considered during the planning process. Some of the sources of law
						overlap in WAC
						365-196-725 through
						365-196-745. The listing is not
						exhaustive. It is intended to supplement, not substitute for, the informational
						efforts of state agencies, regional authorities, special districts and
						utilities.
Statutory Authority:
								RCW
								36.70A.050 and
								36.70A.190. 10-03-085, §
											365-196-720, 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 SEVEN - RELATIONSHIP OF GROWTH MANAGEMENT PLANNING TO OTHER LAWS › Section 365-196-725 - Constitutional provisions

Current through Register Vol. 24-14, July 15, 2024
(1)
						Comprehensive plans and development regulations adopted under the act are
						subject to the supremacy principle of Article VI, United States Constitution
						and of Article XI, Section 11, Washington state Constitution.
(2) Counties and cities planning under the
						act are required to use a process established by the state attorney general to
						assure that proposed regulatory or administrative actions do not
						unconstitutionally infringe upon private property rights. As set forth in
						RCW
						 36.70A.370, the state attorney general has
						developed a publication entitled "
Advisory Memorandum: Avoiding
						Unconstitutional Takings of Private Property
," which is updated
						frequently to maintain consistency with changes in case law. Counties and
						cities should contact the department or state attorney general for the latest
						edition of this advisory memorandum.
Statutory Authority:
								RCW
								36.70A.050 and
								36.70A.190. 10-03-085, §
											365-196-725, 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 SEVEN - RELATIONSHIP OF GROWTH MANAGEMENT PLANNING TO OTHER LAWS › Section 365-196-730 - Federal authorities

Current through Register Vol. 24-14, July 15, 2024
(1)
						Counties and cities drafting or amending comprehensive plans and development
						regulations under the act should consider the effects of federal authority over
						land or resource use within the planning area, including:
(a) Treaties with Native Americans;
(b) Jurisdiction on land owned or held in
						trust by the federal government;
(c) Federal statutes or regulations imposing
						national standards;
(d) Federal
						permit programs and plans;
(e)
						Metropolitan planning organizations, which are also designated as regional
						transportation planning organizations established in chapter 47.80 RCW;
						and
(f) The Central Puget Sound
						economic development district.
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 SEVEN - RELATIONSHIP OF GROWTH MANAGEMENT PLANNING TO OTHER LAWS › Section 365-196-735 - State and regional authorities

Current through Register Vol. 24-14, July 15, 2024
(1) When developing and amending
						comprehensive plans and development regulations under the act, counties and
						cities should consider existing state and regional regulatory and planning
						provisions affecting land use, resource management, environmental protection,
						utilities, or public facilities including:
(a) State statutes and regulations imposing
						statewide standards;
(b) Programs
						involving state-issued permits or certifications;
(c) State statutes and regulations regarding
						rates, services, facilities and practices of utilities, and tariffs of
						utilities in effect pursuant to such statutes and regulations;
(d) State and regional plans;
(e) Regulations and permits issued by
						regional entities;
(f) Locally
						developed plans subject to review or approval by state or regional
						entities.
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 SEVEN - RELATIONSHIP OF GROWTH MANAGEMENT PLANNING TO OTHER LAWS › Section 365-196-740 - Regional perspective

Current through Register Vol. 24-14, July 15, 2024
Some of the authorities in WAC
							365-196-730 and
							365-196-735 require planning for
							particular purposes for areas related by physical features, such as watersheds,
							rather than by political boundaries. Moreover, the environmental and ecological
							systems addressed in resource management, service by utilities, fish and
							wildlife management and pollution control are generally not circumscribed by
							county and city lines. Planning entities should attempt to identify these
							geographic areas which require a regional planning approach and, if needed,
							work toward creating collaborative processes involving all agencies with
							jurisdiction in the relevant geographical area. This approach should assist in
							achieving interjurisdictional consistency, consistency with the county-wide
							planning policies and, where applicable, multicounty planning policies. See WAC
							365-196-305 regarding county-wide
							planning policies.
Statutory Authority:
								RCW
								36.70A.050 and
								36.70A.190. 10-03-085, §
											365-196-740, 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 SEVEN - RELATIONSHIP OF GROWTH MANAGEMENT PLANNING TO OTHER LAWS › Section 365-196-745 - Explicit statutory directions

Current through Register Vol. 24-14, July 15, 2024
(1) The legislature expressly amended
						numerous statutes outside of
						chapter
						36.70A RCW that relate to
						the act. These amendments define the relationship of such existing statutes to
						comprehensive plans and development regulations under the act. Examples
						include:
(a)RCW
						 19.27.097 (state building code - evidence of
						adequate supply of potable water);
(b)RCW
						 35.13.005 (annexation of unincorporated areas
						- prohibited beyond urban growth areas);
(c)RCW
						 35.58.2795 (municipal corporations - six-year
						transit plan consistent with comprehensive plans);
(d)RCW
						 35.77.010 (city streets - six-year
						comprehensive street program consistent with comprehensive plans);
(e)RCW
						 35A.14.005 (annexation by code cities -
						prohibited beyond urban growth areas);
(f) Section 201, chapter 7, Laws of 2010
						(community facilities districts may only include land within urban growth
						areas);
(g)RCW
						 36.81.121 (county roads - six-year
						comprehensive road program consistent with act comprehensive plans);
(h)RCW
						 36.94.040 (sewerage, water, drainage systems
						- incorporation of relevant comprehensive plan provisions into sewer or water
						general plan);
(i)RCW
						 43.20.260 (water system plans consistent with
						comprehensive plans and development regulations);
(j)RCW
						 43.21C.240 (project review under the
						act);
(k)RCW
						 57.16.010 (water districts - district
						comprehensive water plan consistent with urban growth area
						restrictions);
(l)RCW
						 58.17.060 (short plats - written findings
						about appropriate provisions for infrastructure);
(m)RCW
						 58.17.110 (subdivisions - written findings
						about appropriate provisions for infrastructure);
(n)RCW
						 59.18.440 (land development - authority of
						entities planning under the act to require relocation assistance);
(o)RCW
						 70.118B.040(3) (requirements
						for large on-site sewage systems to be consistent with the requirements of any
						comprehensive plans or development regulations adopted under the
						act);
(p)RCW
						 86.12.200 (comprehensive flood control
						management plans - may be incorporated into comprehensive plans under the act);
						and
(q)RCW
						 90.46.120 (use of water from wastewater
						treatment facility - consideration in regional water supply plan or potable
						water supply service planning).
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 EIGHT - DEVELOPMENT REGULATIONS › Section 365-196-800 - Relationship between development regulations and comprehensive plans

Current through Register Vol. 24-14, July 15, 2024
(1) Development
						regulations under the act are specific controls placed on development or land
						use activities by a county or city. Development regulations must be consistent
						with and implement comprehensive plans adopted pursuant to the act.
"Implement" in this context has a more affirmative meaning
							than merely "consistent." See WAC
							365-196-210. "Implement" connotes
							not only a lack of conflict but also a sufficient scope to fully carry out the
							goals, policies, standards and directions contained in the comprehensive
							plan.
(2) When a county
						first becomes subject to the full planning requirements of
						RCW
						 36.70A.040, it must adopt development
						regulations designating interim urban growth areas as outlined under
						RCW
						 36.70A.110(5). The
						legislature specifically provided that the designation of interim urban growth
						areas shall be in the form of development regulations. Such interim
						designations shall generally precede the adoption of comprehensive
						plans.
Statutory Authority:
								RCW
								36.70A.050 and
								36.70A.190. 10-03-085, §
											365-196-800, 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 EIGHT - DEVELOPMENT REGULATIONS › Section 365-196-805 - Timing of initial adoption

Current through Register Vol. 24-14, July 15, 2024
(1)
						Except for interim regulations, required development regulations must be
						enacted either by the deadline for adoption of the comprehensive plan or within
						six months thereafter, if an extension is obtained. The possibility of a time
						gap between the adoption of a comprehensive plan and the adoption of
						development regulations pertains to the time frame after the initial adoption
						of the comprehensive plan. Subsequent amendments to the plan should not face
						any delay before being implemented by regulations. After adoption of the
						initial plan and development regulations, such regulations should at all times
						be consistent with the comprehensive plan. Whenever amendments to comprehensive
						plans are adopted, consistent implementing regulations or amendments to
						existing regulations should be enacted and put into effect concurrently. See
						WAC 365-196-660.
(2) To obtain an extension of the deadline
						for the initial adoption of development regulations, a county or city must
						notify the department of its need by letter prior to the initial deadline.
						Six-month extensions will be obtained whenever such letters are timely
						received, but no extensions will result from requests received after the
						initial deadline.
Statutory Authority:
								RCW
								36.70A.050 and
								36.70A.190. 10-03-085, §
											365-196-805, 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 EIGHT - DEVELOPMENT REGULATIONS › Section 365-196-810 - Review for consistency when adopting development regulations

Current through Register Vol. 24-14, July 15, 2024
(1) When adopting
						any development regulation intended to carry out a comprehensive plan, the
						proposing county or city should review its terms to ensure it is consistent
						with and implements the comprehensive plan and make a finding in the adopting
						ordinance to that effect.
(2) If a
						county or city develops an implementation strategy, it should ensure the
						strategies are consistent with the comprehensive plans of adjacent counties or
						cities. See WAC
						365-196-650 for implementation
						strategy recommendations.
Statutory Authority:
								RCW
								36.70A.050 and
								36.70A.190. 10-03-085, §
											365-196-810, 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 EIGHT - DEVELOPMENT REGULATIONS › Section 365-196-815 - Conservation of natural resource lands

Current through Register Vol. 24-14, July 15, 2024
(1) Requirements.
(a) Counties and cities planning under
						RCW
						 36.70A.040 must adopt development regulations
						that assure the conservation of designated agricultural, forest, and mineral
						lands of long-term commercial significance. If counties and cities designate
						agricultural or forest resource lands within any urban growth area, they must
						also establish a program for the purchase or transfer of development
						rights.
(b) "Conservation" means
						measures designed to assure that the natural resource lands will remain
						available to be used for commercial production of the natural resources
						designated. Counties and cities should address two components to conservation:
(i) Development regulations must prevent
						conversion to a use that removes land from resource production. Development
						regulations must not allow a primary use of agricultural resource lands that
						would convert those lands to nonresource purposes. Accessory uses may be
						allowed, consistent with subsection (3)(b) of this section.
(ii) Development regulations must assure that
						the use of lands adjacent to designated natural resource lands does not
						interfere with the continued use, in the accustomed manner and in accordance
						with the best management practices, of these designated lands for the
						production of food, agricultural products, or timber, or for the extraction of
						minerals.
(c)
						Classification, designation and designation amendment. The department adopted
						minimum guidelines in chapter 365-190 WAC, detailing the process involved in
						establishing a natural resource lands conservation program. Included are
						criteria to be considered before any designation change should be
						approved.
(d) Prior uses.
						Regulations for the conservation of natural resource lands may not prohibit
						uses legally existing on any parcel prior to their adoption.
(e) Plats and permits. Counties and cities
						shall require that all plats, short plats, development permits, and building
						permits issued for development activities on, or within five hundred feet, of
						designated natural resource lands contain a notice that the subject property is
						within or near designated agricultural lands, forest lands, or mineral resource
						lands on which a variety of commercial activities may occur that are not
						compatible with residential development for certain periods of limited
						duration.
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 EIGHT - DEVELOPMENT REGULATIONS › Section 365-196-820 - Subdivisions

Current through Register Vol. 24-14, July 15, 2024
(1) Regulations for
						subdivision approvals and dedications, must require that the county or city
						make written findings that "appropriate provisions" have been made for the
						public health, safety, and general welfare, including open spaces, drainage
						ways, streets or roads, alleys, other public ways, transit stops, potable water
						supplies, sanitary wastes, parks and recreation, playgrounds, schools and
						school grounds, and all other relevant factors, including sidewalks and other
						planning features that assure safe walking conditions for students who walk to
						and from school; and that the public use and interest will be served by the
						platting of such subdivision and dedication.
(2) Regulations for short plat and short
						subdivision approvals may require written findings for "appropriate provisions"
						that are different requirements than those governing the approval of
						preliminary and final plats of subdivisions. However, counties and cities must
						include in their short plat regulations and procedures provisions for
						considering sidewalks and other planning features that assure safe walking
						conditions for students who walk to and from school.
(3) Regulations for subdivision approvals may
						require that the county or city make additional findings related to the public
						health, safety and general welfare to the specific listing above, such as
						protection of critical areas, conservation of natural resource lands, and
						affordable housing for all economic segments of the population.
(4) In drafting development regulations,
						"appropriate provisions" should be defined in a manner consistent with the
						requirements of other applicable laws and with any level of service standards
						or planning objectives established by the city or county for the facilities
						involved. The definition of "appropriate provisions" could also cover the
						timing within which the facilities involved should be available for use,
						requiring, for example, that such timing be consistent with the definition of
						"concurrency" in this chapter. See WAC
						365-196-210.
Statutory Authority:
								RCW
								36.70A.050 and
								36.70A.190. 10-03-085, §
											365-196-820, 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 EIGHT - DEVELOPMENT REGULATIONS › Section 365-196-825 - Potable water

Current through Register Vol. 24-14, July 15, 2024
(1) Each
						applicant for a building permit of a building needing potable water shall
						provide evidence of an adequate water supply for the intended use of the
						building. Local regulations should be designed to produce enough data to make
						such a determination, addressing both water quality and water quantity issues.
						RCW
						 19.27.097 provides that such evidence may be
						in the form of a water right permit from the department of ecology, a letter
						from an approved water purveyor stating the ability to provide water, or
						another form sufficient to verify the existence of an adequate water
						supply.
(2) Counties and cities
						should give consideration to guidelines promulgated by the departments of
						ecology and health on what constitutes an adequate water supply. In addition,
						Attorney General's Opinion, AGO 1992 No. 17, should be consulted for assistance
						in determining what substantive standards should be applied.
(3) If the department of ecology has adopted
						rules on this subject, or any part of it, local regulations should be
						consistent with those rules. Such rules may include instream flow rules, which
						may limit the availability of additional ground or surface water within a
						specific geographic area.
(4)
						Counties and cities may impose conditions on building permits requiring
						connection to an existing public water system where the existing system is
						willing and able to provide safe and reliable potable water to the applicant
						with reasonable economy and efficiency.
Statutory Authority:
								RCW
								36.70A.050 and
								36.70A.190. 10-03-085, §
											365-196-825, 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 EIGHT - DEVELOPMENT REGULATIONS › Section 365-196-830 - Protection of critical areas

Current through Register Vol. 24-14, July 15, 2024
(1)
						The act requires the designation of critical areas and the adoption of
						regulations for the protection of such areas by all counties and cities,
						including those that do not plan under
						RCW
						 36.70A.040. The department has adopted
						minimum guidelines in chapter 365-190 WAC detailing the process involved in
						establishing a program to protect critical areas.
(2) Critical areas that must be protected
						include the following areas and ecosystems:
(a) Wetlands;
(b) Areas of critical recharging effect on
						aquifers used for potable water;
(c) Fish and wildlife habitat conservation
						areas;
(d) Frequently flooded
						areas; and
(e) Geologically
						hazardous areas.