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 365-196-832 - Protection of critical areas and voluntary stewardship program

Current through Register Vol. 24-14, July 15, 2024
(1) Upon approval
						of a watershed work plan, counties participating in the voluntary stewardship
						program pursuant to
						RCW
						 36.70A.710 are encouraged to reference and
						describe their participation in the program within their critical areas
						development regulations. Counties should ensure their development regulations
						are consistent with the approved watershed work plan.
(2) Prior to the approval of a work plan by
						the state conservation commission director, agricultural activities located in
						participating watersheds as defined in RCW 36.70A.-703(5) are subject to
						existing development regulations that protect critical areas.
(3) After watershed work plan approval,
						protection of functions and values of critical areas from agricultural
						activities located in participating watersheds as defined in
						RCW
						 36.70A.703(5) is provided by
						the watershed work plan and any applicable development regulations.
						Agricultural activities located in nonparticipating watersheds are subject to
						applicable development regulations that protect critical areas.
(4)
County responsibilities when
						withdrawing from the voluntary stewardship program.
Counties that elect
						to protect critical areas through the voluntary stewardship program under
						RCW
						 36.70A.710(1)(a) may
						withdraw a participating watershed from the program by adopting an ordinance or
						resolution withdrawing the watershed from the program. A county may withdraw a
						watershed from the program at the end of three years, five years or eight years
						after receipt of funding, or any time after ten years of funding. Watersheds
						withdrawn from the program are subject to
						RCW
						 36.70A.710(7)(b).
Within eighteen months after withdrawing a participating
							watershed from the program, counties must review and, if needed, revise their
							development regulations that protect critical areas in that watershed as they
							specifically apply to agricultural activities. The development regulations must
							protect the critical area functions and values as they existed on July 22,
							2011. During this interim period, counties must continue to protect critical
							areas in watersheds withdrawn from the program. The adopted ordinance or
							resolution used to withdraw participating watersheds must state how counties
							will continue to protect critical areas in watersheds withdrawn from the
							program. Counties have two options during the interim period:
(a) Adopt interim development regulations or
						revert to development regulations that were in place at the time of the
						watershed work plan approval; or
(b) Continue to implement the watershed work
						plan.