H-0472.1           _______________________________________________
                                   HOUSE BILL 1498
                   _______________________________________________
State of Washington               56th Legislature             1999 Regular Session
By Representatives Cairnes and Schindler
Read first time 01/27/1999.  Referred to Committee on Local Government.
     AN ACT Relating to growth management; amending RCW 36.70A.010,
36.70A.020, 36.70A.030, 36.70A.050, 36.70A.060, 36.70A.070, 36.70A.110,
36.70A.130, 36.70A.140, 36.70A.160, 36.70A.210, 36.70A.350, 36.70A.370,
36.70A.390, 76.09.050, 36.70B.010, 36.70B.020, 36.70B.040, 36.70B.060,
36.70B.070, 36.70B.090, 36.70B.120, 36.70B.130, 36.70B.140, 36.70B.160,
and 36.70B.170; reenacting and amending RCW 36.70B.110; adding new
sections to chapter 36.70A RCW; creating a new section; repealing RCW
36.70B.030 and 36.70B.080; repealing 1998 c 286 s 9 and 1995 c 347 s
411 (uncodified); providing an expiration date; and declaring anemergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
     Sec. 1.  RCW 36.70A.010 and 1990 1st ex.s. c 17 s 1 are each
amended to read as follows:
     The legislature finds that uncoordinated and unplanned growth,
together with a lack of common goals expressing the public's interest
in the conservation and the wise use of our lands, pose a threat to the
environment, sustainable economic development, and the health, safety,
and high quality of life enjoyed by residents of this state.  {+ The
legislature also finds that private property rights should be
protected. +}  It is in the public interest that citizens, communities,
local governments, and the private sector cooperate and coordinate with
one another in comprehensive land use planning.  Further, the
legislature finds that it is in the public interest that economic
development programs be shared with communities experiencing
insufficient economic growth.
     Sec. 2.  RCW 36.70A.020 and 1990 1st ex.s. c 17 s 2 are each
amended to read as follows:
     The following goals are adopted to guide the development and
adoption of comprehensive plans and development regulations of those
counties and cities that are required or choose to plan under RCW
36.70A.040.  The following goals are not listed in order of priority
and shall be used exclusively for the purpose of guiding the
development of comprehensive plans and development regulations:
     (1) Urban growth.  Encourage development in urban areas where
adequate public facilities and services exist or can be provided in an
efficient manner.     (2) Reduce sprawl.  Reduce the inappropriate conversion of
undeveloped land (({- into sprawling, low-density development -})).
     (3) Transportation.  Encourage efficient multimodal transportation
systems that are based on regional priorities and coordinated with
county and city comprehensive plans.
     (4) Housing.  Encourage the availability of affordable housing to
all economic segments of the population of this state, promote a
variety of residential densities and housing types, and encourage
preservation of existing housing stock.
     (5) Economic development.  Encourage economic development
throughout the state that is consistent with adopted comprehensive
plans, promote economic opportunity for all citizens of this state,
(({- especially for -})) {+ including +} unemployed and (({- for -}))
disadvantaged persons, and encourage growth in areas experiencing
insufficient economic growth(({- , all within the capacities of the
state's natural resources, public services, and public facilities -})).
     (6) Property rights.  Private property shall not be taken for
public use without just compensation having been made.  The property
rights of landowners shall be protected from arbitrary and
discriminatory actions.
     (7) Permits.  Applications for both state and local government
permits should be processed in a timely and fair manner to ensure
predictability.  {+ Counties and cities shall issue permits for single-
family residential construction within seven business days of
application.  Counties and cities shall issue permits for multifamily
construction within thirty days of application.  Counties and cities
shall issue permits for short-subdivision applications within thirty
days of application and subdivision applications within ninety days of
application. +}
     (8) Natural resource industries.  Maintain (({- and enhance -}))
natural resource-based industries, including productive timber,
agricultural, and fisheries industries.  Encourage the conservation of
productive forest lands and productive agricultural lands(({- , and
discourage incompatible uses -})).
     (9) Open space and recreation.  Encourage the retention of open
space and development of recreational opportunities, conserve fish and
wildlife habitat, increase access to natural resource lands and water,
and develop parks.
     (10) Environment.  Protect the environment {+ from hazards and
nuisances +} and (({- enhance -})) {+ maintain +} the state's high
quality of life, including air and water quality, and the availabilityof water.
     (11) Citizen participation and coordination.  Encourage the
involvement of citizens in the planning process and ensure coordination
between (({- communities -})) {+ property owners +} and jurisdictions
to reconcile conflicts.
     (12) Public facilities and services.  Ensure that those public
facilities and services necessary to support development shall be (({-
 adequate -})) {+ planned +} to (({- serve -})) {+ provide services to
+} the development at the time the development is available for
occupancy (({- and use without decreasing current service levels below
locally established minimum standards -})).  {+ A city that operates
public facilities and services shall serve within its service area if
service is technically feasible and in compliance with localregulations.
     A city that provides water or sewer service outside the corporate
boundaries of the city shall not require, as a condition of providing
water or sewer service, the property owner who has requested water or
sewer service to agree to:
     (a) Lot sizes different from those required by the jurisdiction
with zoning authority over the property; or
     (b) Other development or design requirements not required by the
local government with jurisdiction over the property. +}
     (13) Historic preservation.  Identify and encourage the
preservation of lands, sites, and structures, that have historical or
archaeological significance.
     {+ (14) Equal protection of property owners' rights.  Property
owners have the prospective right to those existing uses of similar
adjacent properties within the same zoning designation. +}
     Sec. 3.  RCW 36.70A.030 and 1997 c 429 s 3 are each amended to read
as follows:
     Unless the context clearly requires otherwise, the definitions in
this section apply throughout this chapter.
     (1) "Adopt a comprehensive land use plan" means to enact a new
comprehensive land use plan or to update an existing comprehensive landuse plan.
     (2) "Agricultural land" means land primarily devoted to the
commercial production of horticultural, viticultural, floricultural,
dairy, apiary, vegetable, or animal products or of berries, grain, hay,
straw, turf, seed, Christmas trees not subject to the excise tax
imposed by RCW 84.33.100 through 84.33.140, finfish in upland
hatcheries, or livestock, and that has long-term commercial
significance for agricultural production.
     (3) "City" means any city or town, including a code city.
     (4) "Comprehensive land use plan," "comprehensive plan," or "plan"
means a generalized coordinated land use policy statement of the
governing body of a county or city that is adopted pursuant to thischapter.
     (5) "Critical areas" include the following areas and ecosystems:
(a) Wetlands{+ , limited to the United States army corps of engineers'
definition of wetlands, as now existing or subsequently amended under
its authority, under section 401 of the clean water act, 33 U.S.C. Sec.
1344 +}; (b) areas with a {+ documented +} critical (({- recharging -
})) {+ recharge +} effect (({- on -})) {+ that is necessary for the
health and sanitation of +} aquifers used for potable water; (c) fish
and wildlife habitat conservation areas {+ as limited in chapter 75.20
RCW +}; (d) frequently flooded areas {+ no larger than areas within one
hundred year flood plains under Title 86 RCW +}; and (e) geologically
hazardous areas.
     (6) "Department" means the department of community, trade, and
economic development.
     (7) "Development regulations" or "regulation" means the controls
placed on development or land use activities by a county or city, (({-
 including, but not limited to, -})) zoning ordinances, critical areas
ordinances, shoreline master programs, {+ shoreline management act
provisions, or +} official controls, (({- planned unit development
ordinances, subdivision ordinances, and binding site plan ordinances
together with any amendments thereto -})) {+ each with their own
separate approval processes +}.  A development regulation (({- does not
-})) include{+ s +} (({- a -})) {+ the +} decision to approve a project
permit application, (({- as defined in -})) {+ notwithstanding +} RCW
36.70B.020, even though the decision may be expressed in a resolution
or ordinance of the legislative body of the county or city.
     (8) "Forest land" means land primarily devoted to growing trees for
long-term commercial timber production on land that can be economically
and practically managed for such production, including Christmas trees
subject to the excise tax imposed under RCW 84.33.100 through
84.33.140, and that has long-term commercial significance.  In
determining whether forest land is primarily devoted to growing trees
for long-term commercial timber production on land that can be
economically and practically managed for such production, the following
factors shall be considered:  (a) The proximity of the land to urban,
suburban, and rural settlements; (b) surrounding parcel size and the
compatibility and intensity of adjacent and nearby land uses; (c) long-
term local economic conditions that affect the ability to manage for
timber production; and (d) the availability of public facilities and
services conducive to conversion of forest land to other uses.
     (9) "Geologically hazardous areas"  means areas that because of
their susceptibility to erosion, sliding, earthquake, or other
geological events, are not suited to the siting of commercial,
residential, or industrial development consistent with public health or
safety concerns.  {+ The county or city has the burden of proving
geologically hazardous areas exist and cannot safely support
development.  The cost of this burden shall not be borne by the
property owner. +}
     (10) "Long-term commercial significance" includes the growing
capacity, productivity, and soil composition of the land for long-term
commercial production, in consideration with the land's proximity to
population areas, and the possibility of more intense uses of the land.
     (11) "Minerals" include gravel, sand, and valuable metallicsubstances.
     (12) "Public facilities" include streets, roads, highways,
sidewalks, street and road lighting systems, traffic signals, domestic
water systems, storm and sanitary sewer systems, parks and recreational
facilities, and schools.
     (13) "Public services" include fire protection and suppression, law
enforcement, public health, education, {+ and +} recreation(({- ,
environmental protection, and other governmental services -})).
     (14) "Rural character" refers to the patterns of land use and
development established by a county in the rural element of its
comprehensive plan:
     (a) In which open space, the natural landscape, and vegetation (({-
 predominate over -})) {+ occur more frequently than +} the builtenvironment;
     (b) That foster traditional rural lifestyles, rural-based
economies, and opportunities to both live and work in rural areas;
     (c) That provide visual landscapes that are traditionally found in
rural areas and communities;
     (d) That are compatible with the use of the land by wildlife and
for fish and wildlife habitat;
     (e) That reduce the inappropriate conversion of undeveloped land
into sprawling, low-density development;
     (f) That generally do not require the extension of urban
governmental services; and
     (g) That are consistent with the protection of natural surface
water flows and ground water and surface water recharge and dischargeareas.
     (15) "Rural development" refers to development outside the urban
growth area and outside agricultural, forest, and mineral resource
lands designated pursuant to RCW 36.70A.170.  Rural development can
consist of a variety of uses and residential densities, including
clustered residential development, at levels that (({- are consistent
with -})) {+ consider +} the preservation of rural character and the
requirements of the rural element.  Rural development does not refer to
agriculture or forestry activities that may be conducted in ruralareas.
     (16) "Rural governmental services" or "rural services" include
those public services and public facilities historically and typically
delivered at an intensity usually found in rural areas, and may include
domestic water systems, fire and police protection services,
transportation and public transit services, and other public utilities
associated with rural development and normally not associated with
urban areas.  Rural services (({- do -})) {+ may +} not include storm
or sanitary sewers, except as otherwise authorized by RCW36.70A.110(4).
     (17) {+ "Service area" means a specific geographic area serviced or
for which service is planned by a purveyor.
     (18) +} "Urban growth" refers to growth that makes intensive use of
land for the location of buildings, structures, and impermeable
surfaces to (({- such a degree as to be incompatible with the primary
use of land for the production of food, other agricultural products, or
fiber, or the extraction of mineral resources, rural uses, rural
development, and natural resource lands designated pursuant to RCW
36.70A.170 -})) {+ provide for housing, business, and commerce, which
typically requires urban governmental services +}.  A pattern of more
intensive rural development, as provided in RCW 36.70A.070(5)(d), is
not urban growth.  (({- When allowed to spread over wide areas, urban
growth typically requires urban governmental services. -}))
"Characterized by urban growth" refers to land (({- having -})) {+
that:  (a) Has +} urban growth located on it, or (({- to land -})) {+
is +} located in relationship to an area with urban growth on it (({-
as to be appropriate for urban growth -})){+ ; or (b) is so located in
relationship to facilities, infrastructure, and services as to make
urban growth on the land feasible through public or private extensions
of service +}.
     (({- (18) -})) {+ (19) +} "Urban growth areas" means those areas
designated by a county pursuant to RCW 36.70A.110.
     (({- (19) -})) {+ (20) +} "Urban governmental services" or "urban
services" include those public services and public facilities at an
intensity historically and typically provided in cities, specifically
including storm and sanitary sewer systems, domestic water systems,
street cleaning services, fire and police protection services, public
transit services, and other public utilities associated with urban
areas (({- and normally not associated with rural areas -})).
      (({- (20) -})) {+ (21) +} "Wetland" or "wetlands" means areas that
are inundated or saturated by surface water or ground water at a
frequency and duration sufficient to support, and that under normal
circumstances do support, a prevalence of vegetation typically adapted
for life in saturated soil conditions.  Wetlands generally include
swamps, marshes, bogs, and similar areas.  {+ Wetlands are limited to
wetlands under the United States army corps of engineers' definition
under section 401 of the clean water act, 33 U.S.C. Sec. 1344, as now
existing or hereafter amended. +} Wetlands do not include those
artificial wetlands intentionally created from nonwetland sites,
including, but not limited to, irrigation and drainage ditches, grass-
lined swales, canals, detention facilities, wastewater treatment
facilities, farm ponds, and landscape amenities, or those wetlands
created after July 1, 1990, that were unintentionally created as a
result of the construction of a road, street, or highway.  Wetlands may
include those artificial wetlands intentionally created from nonwetland
areas created to mitigate conversion of wetlands.
     {+ NEW SECTION. +}  Sec. 4.  The department of ecology shall
expeditiously and summarily waive the water quality certification
process of the clean water act, 33 U.S.C. Sec. 1341, as now existing or
hereafter amended.
     {+ NEW SECTION. +}  Sec. 5.  Land developing under this chapter is
exempt from RCW 76.09.050.  For the purposes of this section, "land
developing" means the division or platting of land in preparation for
development or the actual building, constructing, or erecting of
residences or commercial buildings.
     {+ NEW SECTION. +}  Sec. 6.  Critical areas shall be regulated only
for the limited purpose of protecting the public's health and safety.
     {+ NEW SECTION. +}  Sec. 7.  Development regulations shall only be
adopted for the limited purpose of protecting the public's health andsafety.
     {+ NEW SECTION. +}  Sec. 8.  Geologically hazardous areas are not
restricted from development activities unless a city or county meets
its burden to prove that the identified geologic conditions preclude
the safe siting of commercial, residential, or industrial development.
     {+ NEW SECTION. +}  Sec. 9.  Outside an established urban growth
area, if a project applicant has an approved water system and an
approval for sewer or a septic tank system, the city or county shall
issue permits necessary for building single-family residences.
     Sec. 10.  RCW 36.70A.050 and 1990 1st ex.s. c 17 s 5 are each
amended to read as follows:
     (1) Subject to the definitions provided in RCW 36.70A.030, the
department shall adopt guidelines, under chapter 34.05 RCW, no later
than September 1, 1990, {+ and shall amend these guidelines to conform
to this chapter by December 31, 1999, +} to guide the classification
of:  (a) Agricultural lands; (b) forest lands; (c) mineral resource
lands; and (d) critical areas.  The department shall consult with the
department of agriculture regarding guidelines for agricultural lands,
the department of natural resources regarding forest lands and mineral
resource lands, and the department of ecology regarding critical areas.
     (2) In carrying out its duties under this section, the department
shall consult with interested parties, including but not limited to:
(a) Representatives of cities; (b) representatives of counties; (c)
representatives of developers; (d) representatives of builders; (e)
representatives of owners of agricultural lands, forest lands, and
mining lands; (f) representatives of local economic development
officials; (g) representatives of environmental organizations; (h)
representatives of special districts; (i) representatives of the
governor's office and federal and state agencies; and (j)
representatives of Indian tribes.  In addition to the consultation
required under this subsection, the department shall conduct public
hearings in the various regions of the state.  The department shall
consider the public input obtained at such public hearings when
adopting the guidelines.
     (3) The guidelines under subsection (1) of this section shall (({-
 be minimum guidelines that -})) apply to all jurisdictions(({- , but
also shall allow for regional differences that exist in Washington
state -})).  The intent of these guidelines is to assist counties and
cities in designating the classification of agricultural lands, forest
lands, mineral resource lands, and critical areas under RCW 36.70A.170.
{+ Counties and cities may not designate lands as resource lands or
critical areas that do not qualify under the guidelines. +}
     (4) The guidelines established by the department under this section
regarding classification of forest lands shall not be inconsistent with
guidelines adopted by the department of natural resources.
     Sec. 11.  RCW 36.70A.060 and 1998 c 286 s 5 are each amended to
read as follows:
     (1) Each county that is required or chooses to plan under RCW
36.70A.040, and each city within such county, shall adopt development
regulations on or before September 1, 1991, to assure the conservation
of agricultural, forest, and mineral resource lands designated under
RCW 36.70A.170.  Regulations adopted under this subsection may not
prohibit uses legally existing on any parcel prior to their adoption
and shall remain in effect until the county or city adopts development
regulations pursuant to RCW 36.70A.040.  (({- Such regulations shall
assure that the use of lands adjacent to agricultural, forest, or
mineral resource lands shall not interfere with the continued use, in
the accustomed manner and in accordance with best management practices,
of these designated lands for the production of food, agricultural
products, or timber, or for the extraction of minerals. -}))  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, lands designated as agricultural lands,
forest lands, or mineral 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.  The
notice for mineral resource lands shall also inform that an application
might be made for mining-related activities, including mining,
extraction, washing, crushing, stockpiling, blasting, transporting, and
recycling of minerals.
     (2) Each county and city shall adopt development regulations that
protect critical areas {+ from hazards and health and safety risks +}
that are required to be designated under RCW 36.70A.170.  For counties
and cities that are required or choose to plan under RCW 36.70A.040,
such development regulations shall be adopted on or before September 1,
1991.  For the remainder of the counties and cities, such development
regulations shall be adopted on or before March 1, 1992{+ , but cities
and counties shall amend their development regulations to conform with
this chapter by December 1, 1999 +}.
     (3) Such counties and cities shall review these designations and
development regulations when adopting their comprehensive plans under
RCW 36.70A.040 and implementing development regulations under RCW
36.70A.120 (({- and may alter such designations and development
regulations to insure consistency -})).
     (4) Forest land and agricultural land located within urban growth
areas shall not be designated by a county or city as forest land or
agricultural land of long-term commercial significance under RCW
36.70A.170 (({- unless the city or county has enacted a program
authorizing transfer or purchase of development rights -})).
     Sec. 12.  RCW 36.70A.070 and 1998 c 171 s 2 are each amended to
read as follows:
     The comprehensive plan of a county or city that is required or
chooses to plan under RCW 36.70A.040 shall consist of a map or maps,
and descriptive text covering objectives, principles, and standards
used to develop the comprehensive plan.  The plan shall be an
internally consistent document and all elements shall be consistent
with the future land use map.  A comprehensive plan shall be adopted
and amended with public participation as provided in RCW 36.70A.140.
     Each comprehensive plan shall include a plan, scheme, or design for
each of the following:
     (1) A land use element designating the proposed general
distribution and general location and extent of the uses of land, where
appropriate, for agriculture, timber production, housing, commerce,
industry, recreation, open spaces, general aviation airports, public
utilities, public facilities, and other land uses.  (({- The land use
element shall include population densities, building intensities, and
estimates of future population growth.  The land use element shall
provide for protection of the quality and quantity of ground water used
for public water supplies.  Where applicable, the land use element
shall review drainage, flooding, and storm water run-off in the area
and nearby jurisdictions and provide guidance for corrective actions to
mitigate or cleanse those discharges that pollute waters of the state,
including Puget Sound or waters entering Puget Sound. -}))
     (2) A housing element ensuring the vitality and character of
established residential neighborhoods that:  (a) Includes an inventory
and analysis of existing and projected housing needs; (b) includes a
statement of goals, policies, objectives, and mandatory provisions for
the preservation, improvement, and development of housing, including
single-family residences; (c) identifies sufficient land for
housing(({- , including, but not limited to, government-assisted
housing, housing for low-income families, manufactured housing,
multifamily housing, and group homes and foster care facilities -}));
and (d) makes adequate provisions for existing and projected needs of
all economic segments of the community{+ , except that counties and
cities shall not require private projects to include low-income housing
as a condition of issuing a permit or granting a land-use approval +}.
     (3) A capital facilities plan element consisting of:  (a) An
inventory of existing capital facilities owned by public entities,
showing the locations and capacities of the capital facilities; (b) a
forecast of the future needs for such capital facilities; (c) the
proposed locations and capacities of expanded or new capital
facilities; {+ and +} (d) at least a six-year plan that will finance
such capital facilities within projected funding capacities and clearly
identifies sources of public money for such purposes(({- ; and (e) a
requirement to reassess the land use element if probable funding falls
short of meeting existing needs and to ensure that the land use
element, capital facilities plan element, and financing plan within the
capital facilities plan element are coordinated and consistent -})).
     (4) A utilities element consisting of the general location,
proposed location, and capacity of all existing and proposed utilities,
including, but not limited to, electrical lines, telecommunication
lines, and natural gas lines.
     (5) Rural element.  Counties shall include a rural element (({-
 including lands that are not designated for urban growth, agriculture,
forest, or mineral resources -})).  The following provisions shall
apply to the rural element:
     (a) Growth management act goals and local circumstances.  Because
circumstances vary from county to county, in establishing patterns of
rural densities and uses, a county may consider local circumstances,
but shall develop a written record explaining how the rural element
harmonizes the planning goals in RCW 36.70A.020 and meets the
requirements of this chapter.
     (b) Rural development.  The rural element shall permit rural
development, forestry, and agriculture in rural areas{+ , including the
development of less than ten single-family residential units by a
property owner +}.  The rural element shall provide for a variety of
rural densities, uses, essential public facilities, and rural
governmental services needed to serve the permitted densities and uses.
In order to achieve a variety of rural densities and uses, counties may
provide for clustering, density transfer, design guidelines,
conservation easements, and other innovative techniques that will
accommodate appropriate rural densities and uses that are not
characterized by urban growth and that are consistent with ruralcharacter.
     (c) Measures governing rural development.  The rural element shall
include measures that apply to rural development and protect the rural
character of the area, as established by the county, by:
     (i) Containing or otherwise controlling rural development;
     (ii) Assuring visual compatibility of rural development with the
surrounding rural area;
     (iii) Reducing the inappropriate conversion of undeveloped land
into sprawling, low-density development in the rural area;
     (iv) (({- Protecting -})) {+ Preserving +} critical areas, as
provided in RCW 36.70A.060, and surface water and ground waterresources; and
     (v) Protecting against conflicts with the use of agricultural,
forest, and mineral resource lands designated under RCW 36.70A.170.
     (d) Limited areas of more intensive rural development.  Subject to
the requirements of this subsection and except as otherwise
specifically provided in this subsection (5)(d), the rural element may
allow for limited areas of more intensive rural development, including
necessary public facilities and public services to serve the limited
area as follows:
     (i) Rural development consisting of the infill, development, or
redevelopment of existing commercial, industrial, residential, or
mixed-use areas, whether characterized as shoreline development,
villages, hamlets, rural activity centers, or crossroads developments.
A commercial, industrial, residential, shoreline, or mixed-use area
shall be subject to the requirements of (d)(iv) of this subsection, but
shall not be subject to the requirements of (c)(ii) and (iii) of this
subsection.  An industrial area is not required to be principally
designed to serve the existing and projected rural population;
     (ii) The intensification of development on lots containing, or new
development of, small-scale recreational or tourist uses, including
commercial facilities to serve those recreational (({- or -})){+ , +}
tourist{+ , or residential +} uses, that rely on a rural location and
setting(({- , but that do not include new residential development -})).
A small-scale recreation (({- or -})){+ , +} tourist{+ , or residential
+} use is not required to be principally designed to serve the existing
and projected rural population.  Public services and public facilities
shall be limited to those necessary to serve the recreation (({- or -
})){+ , +} tourist{+ , or residential +} use (({- and shall be provided
in a manner that does not permit low-density sprawl -}));
     (iii) The intensification of development on lots containing
isolated nonresidential uses or new development of isolated cottage
industries and isolated small-scale businesses that are not principally
designed to serve the existing and projected rural population and
nonresidential uses, but do provide job opportunities for rural
residents.  Public services and public facilities shall be limited to
those necessary to serve the isolated nonresidential use (({- and shall
be provided in a manner that does not permit low-density sprawl -}));
     (iv) A county shall adopt measures to minimize and contain the
existing areas or uses of more intensive rural development, as
appropriate, authorized under this subsection.  (({- Lands included in
such existing areas or uses shall not extend beyond the logical outer
boundary of the existing area or use, thereby allowing a new pattern of
low-density sprawl. -}))  Existing areas are those that are clearly
identifiable and (({- contained and where there is a logical boundary
delineated predominately by the built environment, but that -})) may
also include undeveloped lands if limited as provided in this
subsection.  The county shall establish the (({- logical -})) outer
boundary of an area of more intensive rural development.  In
establishing the (({- logical -})) outer boundary the county shall
address (A) the need to preserve the character of existing natural
neighborhoods and communities, (B) physical boundaries such as bodies
of water, streets and highways, and land forms and contours, (C) the
prevention of abnormally irregular boundaries, and (D) the ability to
provide public facilities and public services (({- in a manner that
does not permit low-density sprawl -}));
     (v) For purposes of (d) of this subsection, an existing area or
existing use is one that was in existence:
     (A) On July 1, 1990, in a county that was initially required to
plan under all of the provisions of this chapter;
     (B) On the date the county adopted a resolution under RCW
36.70A.040(2), in a county that is planning under all of the provisions
of this chapter under RCW 36.70A.040(2); or
     (C) On the date the office of financial management certifies the
county's population as provided in RCW 36.70A.040(5), in a county that
is planning under all of the provisions of this chapter pursuant to RCW
36.70A.040(5).
     (e) Exception.  This subsection shall not be interpreted to permit
in the rural area a major industrial development or a master planned
resort unless otherwise specifically permitted under RCW 36.70A.360 and
36.70A.365.     (6) A transportation element that implements, and is consistent
with, the land use element.
     (a) The transportation element shall include the followingsubelements:
     (i) Land use assumptions used in estimating travel;
     (ii) Estimated traffic impacts to state-owned transportation
facilities resulting from land use assumptions to assist the department
of transportation in monitoring the performance of state facilities, to
plan improvements for the facilities, and to assess the impact of land-
use decisions on state-owned transportation facilities;
     (iii) Facilities and services needs, including:
     (A) An inventory of air, water, and ground transportation
facilities and services, including transit alignments and general
aviation airport facilities, to define existing capital facilities and
travel levels as a basis for future planning.  This inventory must
include state-owned transportation facilities within the city or
county's jurisdiction boundaries;
     (B) Level of service standards for all locally owned arterials and
transit routes to serve as a gauge to judge performance of the system.
These standards should be regionally coordinated;
     (C) For state-owned transportation facilities, level of service
standards for highways, as prescribed in chapters 47.06 and 47.80 RCW,
to gauge the performance of the system.  The purposes of reflecting
level of service standards for state highways in the local
comprehensive plan are to monitor the performance of the system, to
evaluate improvement strategies, and to facilitate coordination between
the county's or city's six-year street, road, or transit program and
the department of transportation's six-year investment program.  The
(({- concurrency requirements of -})) {+ transportation strategies
adopted under +} (b) of this subsection do not apply to transportation
facilities and services of state-wide significance (({- except for
counties consisting of islands whose only connection to the mainland
are state highways or ferry routes.  In these island counties, state
highways and ferry route capacity must be a factor in meeting the
concurrency requirements in (b) of this subsection -}));
     (D) Specific actions (({- and requirements -})){+ , by using motor
vehicle excise tax and gas tax funds, +} for bringing into compliance
locally owned transportation facilities or services that are below an
established level of service standard;
     (E) Forecasts of traffic for at least ten years based on the
adopted land use plan to provide information on the location, timing,
and capacity needs of future growth;
     (F) Identification of state and local system needs to meet current
and future demands.  Identified needs on state-owned transportation
facilities must be consistent with the state-wide multimodal
transportation plan required under chapter 47.06 RCW;
     (iv) Finance, including:
     (A) An analysis of funding capability to judge needs against
probable funding resources;
     (B) A multiyear financing plan based on the needs identified in the
comprehensive plan, the appropriate parts of which shall serve as the
basis for the six-year street, road, or transit program required by RCW
35.77.010 for cities, RCW 36.81.121 for counties, and RCW 35.58.2795
for public transportation systems.  The multiyear financing plan should
be coordinated with the six-year improvement program developed by the
department of transportation as required by RCW 47.05.030;
     (C) If probable funding falls short of meeting identified needs, a
discussion of how additional funding will be raised(({- , or how land
use assumptions will be reassessed -})) to ensure that level of service
standards will be met;
     (v) Intergovernmental coordination efforts, including an assessment
of the impacts of the transportation plan and land use assumptions on
the transportation systems of adjacent jurisdictions;
     (vi) Demand-management strategies.
     (b) After adoption of the comprehensive plan by jurisdictions
required to plan or who choose to plan under RCW 36.70A.040, local
jurisdictions must adopt and enforce ordinances (({- which prohibit
development approval if the development causes the level of service on
a locally owned transportation facility to decline below the standards
adopted in the transportation element of the comprehensive plan, unless
transportation improvements or strategies to accommodate the impacts of
development are made concurrent with the development.  These -})) {+
that provide +} strategies {+ that +} may include increased public
transportation service, ride sharing programs, demand management, and
other transportation systems management strategies.  (({- For the
purposes of this subsection (6) "concurrent with the development" shall
mean that improvements or strategies are in place at the time of
development, or that a financial commitment is in place to complete the
improvements or strategies within six years. -}))
     (c) The transportation element described in this subsection (6),
and the six-year plans required by RCW 35.77.010 for cities, RCW
36.81.121 for counties, RCW 35.58.2795 for public transportation
systems, and RCW 47.05.030 for the state, must be consistent.
     Sec. 13.  RCW 36.70A.110 and 1997 c 429 s 24 are each amended to
read as follows:
     (1) Each county that is required or chooses to plan under RCW
36.70A.040 shall designate an urban growth area or areas within which
urban growth shall be encouraged (({- and outside of which growth can
occur only if it is not urban in nature -})).  Each city that is
located in such a county shall be included within an urban growth area.
An urban growth area may include more than a single city.  An urban
growth area (({- may -})) {+ shall +} include territory that is located
outside of a city (({- only if such territory already is characterized
by urban growth whether or not the urban growth area includes a city,
or is adjacent to territory already characterized by urban growth, or
is a designated new fully contained community as defined by RCW
36.70A.350 -})) {+ when a county determines that territory is necessary
to provide an adequate land supply to expand the urban growth
boundaries beyond the boundaries of existing cities.  However, a
county's designated urban growth areas shall be at least large enough
to accommodate all projected growth and all growth that actually
occurs.  Cities and counties shall designate urban growth areas that
favor expansive delineation of these areas +}.
     (2) (({- Based upon the growth management population projection
made for the county by the office of financial management, -})) {+ T
+}he county and each city within the county shall include areas and
densities sufficient to permit the urban growth that is projected to
occur in the county or city for the succeeding twenty-year period.  {+
The office of financial management may be a source for which counties
base their population forecasts.  Counties may add their own
calculations to the office of financial management's population
projections. +}  Each urban growth area shall permit urban densities
and shall include greenbelt and open space areas.  An urban growth area
determination may include a reasonable land market supply factor and
shall permit a range of urban densities and uses.  In determining this
market factor, cities and counties may consider local circumstances.
Cities and counties have discretion in their comprehensive plans to
make many choices about accommodating growth.
     Within one year of July 1, 1990, each county that as of June 1,
1991, was required or chose to plan under RCW 36.70A.040, shall begin
consulting with each city located within its boundaries and each city
shall propose the location of an urban growth area.  Within sixty days
of the date the county legislative authority of a county adopts its
resolution of intention or of certification by the office of financial
management, all other counties that are required or choose to plan
under RCW 36.70A.040 shall begin this consultation with each city
located within its boundaries.  The county shall attempt to reach
agreement with each city on the location of an urban growth area within
which the city is located.  If such an agreement is not reached with
each city located within the urban growth area, the county shall
justify in writing why it so designated the area an urban growth area.
A city may object formally with the department over the designation of
the urban growth area within which it is located.  Where appropriate,
the department shall attempt to resolve the conflicts, including the
use of mediation services.  {+ This section is intended to establish
only a minimum standard for the size of urban growth areas.  This
section neither limits the discretion of counties to include an ample
land supply within urban growth areas nor compels counties to limit or
disregard existing property rights. +}
     (3){+ (a) +} Urban growth should be located (({- first -})) in
areas already characterized by urban growth that have adequate existing
public facility and service capacities to serve such development, (({-
 second -})) in areas already characterized by urban growth that will
be served adequately by a combination of both existing public
facilities and services and any additional needed public facilities and
services that are provided by either public or private sources, and
(({- third -})) in the remaining portions of the urban growth areas.
Urban growth may also be located in designated new fully contained
communities as defined by RCW 36.70A.350.  {+ This chapter does not
limit the common law duty of a public utility, whether publicly or
privately owned, to make service available to all within its franchise
area and within areas as to which a public utility has held itself out
as a provider of service.  "Public utility," as used in this
subsection, refers to a private entity or municipal or quasi-municipal
corporation that provides electricity, sanitary sewer, storm sewer,
water, telephone, cable television, communications services, or natural
gas to the public.
     (b) In addition to (a) of this subsection, a city that provides
water or sewer service outside the corporate boundaries of the city
shall not require, as a condition of providing water or sewer service,
the property owner who has requested water or sewer service to agreeto:
     (i) Lot sizes different from those required by the jurisdiction
with zoning authority over the property; or
     (ii) Other development or design requirements not required by the
local government with jurisdiction over the property. +}
     (4) In general, cities are the units of local government most
appropriate to provide urban governmental services.  In general, it is
not appropriate that urban governmental services be extended to or
expanded in rural areas except in those limited circumstances shown to
be necessary to protect basic public health and safety and the
environment and when such services are financially supportable at rural
densities (({- and do not permit urban development -})).
     (5) On or before October 1, 1993, each county that was initially
required to plan under RCW 36.70A.040(1) shall adopt development
regulations designating interim urban growth areas under this chapter.
Within three years and three months of the date the county legislative
authority of a county adopts its resolution of intention or of
certification by the office of financial management, all other counties
that are required or choose to plan under RCW 36.70A.040 shall adopt
development regulations designating interim urban growth areas under
this chapter.  Adoption of the interim urban growth areas may only
occur after public notice; public hearing; and compliance with the
state environmental policy act, chapter 43.21C RCW, and RCW 36.70A.110.
Such action may be appealed to the appropriate growth management
hearings board under RCW 36.70A.280.  Final urban growth areas shall be
adopted at the time of comprehensive plan adoption under this chapter.
     (6) Each county shall include designations of urban growth areas in
its comprehensive plan.
     {+ NEW SECTION. +}  Sec. 14.  (1) A county or city that downzones
any property, in the course of planning, bears the burden of proving,
by clear and convincing evidence, that the downzone is justified by
reference to the common law standards governing downzones and is
indispensable to government achieving compliance with this chapter.
     (2) The standard set forth in subsection (1) of this section
applies to a downzone regardless of whether that downzone is quasi-
judicial or legislative in nature.
     (3) A county or city proposing a downzone shall give timely notice
of the proceedings to each affected property owner and shall provide
each individual property owner with a separate quasi-judicial hearing
in accordance with local procedure.  Commencement of a downzone
proceeding against a property owner must be by written petition,
setting forth in full detail the facts, circumstances, and theories
upon which the entity's claim is based.  The county or city shall not
prove any ground for the downzone not specifically pled.
     (4) A proceeding for a downzone shall not be commenced within five
years of the determination of another downzone proceeding relating to
the same property.
     (5) A property owner who prevails in a proceeding under this
section shall recover reasonable attorneys' fees, expert witness fees,and costs.
     Sec. 15.  RCW 36.70A.130 and 1997 c 429 s 10 are each amended to
read as follows:
     (1) Each comprehensive land use plan and development regulations
shall be subject to continuing review and evaluation by the county or
city that adopted them.  Not later than September 1, 2002, and at least
every (({- five -})) {+ two +} years thereafter, a county or city shall
take action to review and, if needed, revise its comprehensive land use
plan and development regulations to ensure that the plan and
regulations are complying with the requirements of this chapter.  The
review and evaluation required by this subsection may be combined with
the review required by subsection (3) of this section.
     Any amendment or revision to a comprehensive land use plan shall
conform to this chapter, and any change to development regulations
shall be consistent with and implement the comprehensive plan.
     (2)(a) Each county and city shall establish and broadly disseminate
to the public a public participation program identifying procedures
whereby proposed amendments or revisions of the comprehensive plan are
considered by the governing body of the county or city no more
frequently than once every year except that amendments may be
considered more frequently under the following circumstances:
     (i) The initial adoption of a subarea plan;
     (ii) The adoption or amendment of a shoreline master program under
the procedures set forth in chapter 90.58 RCW; and
     (iii) The amendment of the capital facilities element of a
comprehensive plan that occurs concurrently with the adoption or
amendment of a county or city budget.
     (b) Except as otherwise provided in (a) of this subsection, all
proposals shall be considered by the governing body concurrently so the
cumulative effect of the various proposals can be ascertained.
However, after appropriate public participation a county or city may
adopt amendments or revisions to its comprehensive plan that conform
with this chapter whenever an emergency exists or to resolve an appeal
of a comprehensive plan filed with a growth management hearings board
or with the court.
     (3) Each county that designates urban growth areas under RCW
36.70A.110 shall review, at least every (({- ten -})) {+ five +} years,
its designated urban growth area or areas, and the densities permitted
within both the incorporated and unincorporated portions of each urban
growth area.  In conjunction with this review by the county, each city
located within an urban growth area shall review the densities
permitted within its boundaries, and the extent to which the urban
growth occurring within the county has located within each city and the
unincorporated portions of the urban growth areas.  The county
comprehensive plan designating urban growth areas, and the densities
permitted in the urban growth areas by the comprehensive plans of the
county and each city located within the urban growth areas, shall be
revised to accommodate the urban growth projected to occur in the
county for the succeeding twenty-year period.  The review required by
this subsection may be combined with the review and evaluation required
by RCW 36.70A.215.
     Sec. 16.  RCW 36.70A.140 and 1995 c 347 s 107 are each amended to
read as follows:
     Each county and city that is required or chooses to plan under RCW
36.70A.040 shall establish and broadly disseminate to the public a
public participation program identifying procedures providing for early
(({- and continuous -})) public participation in the development and
amendment of comprehensive land use plans and development regulations
implementing such plans.  The procedures shall 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.  In enacting
legislation in response to the board's decision pursuant to RCW
36.70A.300 declaring part or all of a comprehensive plan or development
regulation invalid, the county or city shall provide for public
participation that is appropriate and effective under the circumstances
presented by the board's order.  Errors in exact compliance with the
established program and procedures shall not render the comprehensive
land use plan or development regulations invalid if the spirit of the
program and procedures is observed.
     Sec. 17.  RCW 36.70A.160 and 1992 c 227 s 1 are each amended to
read as follows:
     Each county and city that is required or chooses to prepare a
comprehensive land use plan under RCW 36.70A.040 shall identify open
space corridors within and between urban growth areas.  They shall
include lands useful for recreation, wildlife habitat, trails, and
connection of critical areas as defined in RCW 36.70A.030.
Identification of a corridor under this section by a county or city
shall not restrict the use or management of lands within the corridor
for agricultural or forest purposes.  Restrictions on the use or
management of such lands for agricultural or forest purposes imposed
after identification solely to maintain or enhance the value of such
lands as a corridor may occur only if the county or city acquires
sufficient interest to prevent development of the lands or to control
the resource development of the lands.  The requirement for acquisition
of sufficient interest does not include those corridors regulated by
the interstate commerce commission, under provisions of 16 U.S.C. Sec.
1247(d), 16 U.S.C. Sec. 1248, or 43 U.S.C. Sec. 912.  (({- Nothing in
this section shall be interpreted to alter the authority of the state,
or a county or city, to regulate land use activities. -})) {+ Private
property shall not be taken for public use without just compensation
having been made.  The property rights of landowners shall be protected
from arbitrary and discriminatory actions. +}
     The city or county may acquire by donation or purchase the fee
simple or lesser interests in these open space corridors using funds
authorized by RCW 84.34.230 or other sources.
     Sec. 18.  RCW 36.70A.210 and 1998 c 171 s 4 are each amended to
read as follows:     (1) The legislature recognizes that counties are regional
governments within their boundaries, and cities are primary providers
of urban governmental services within urban growth areas.  For the
purposes of this section, a "county-wide planning policy" is a written
policy statement or statements used solely for establishing a county-
wide framework from which county and city comprehensive plans are
developed and adopted pursuant to this chapter.  This framework shall
ensure that city and county comprehensive plans are consistent as
required in RCW 36.70A.100.  Nothing in this section shall be construed
to alter the land-use powers of cities.
     (2) The legislative authority of a county that plans under RCW
36.70A.040 shall adopt a county-wide planning policy in cooperation
with the cities located in whole or in part within the county asfollows:
     (a) No later than sixty calendar days from July 16, 1991, the
legislative authority of each county that as of June 1, 1991, was
required or chose to plan under RCW 36.70A.040 shall convene a meeting
with representatives of each city located within the county for the
purpose of establishing a collaborative process that will provide a
framework for the adoption of a county-wide planning policy.  In other
counties that are required or choose to plan under RCW 36.70A.040, this
meeting shall be convened no later than sixty days after the date the
county adopts its resolution of intention or was certified by the
office of financial management.
     (b) The process and framework for adoption of a county-wide
planning policy specified in (a) of this subsection shall determine the
manner in which the county and the cities agree to all procedures and
provisions including but not limited to desired planning policies,
deadlines, ratification of final agreements and demonstration thereof,
and financing, if any, of all activities associated therewith.
     (c) If a county fails for any reason to convene a meeting with
representatives of cities as required in (a) of this subsection, the
governor may immediately impose any appropriate sanction or sanctions
on the county from those specified under RCW 36.70A.340.
     (d) If there is no agreement by October 1, 1991, in a county that
was required or chose to plan under RCW 36.70A.040 as of June 1, 1991,
or if there is no agreement within one hundred twenty days of the date
the county adopted its resolution of intention or was certified by the
office of financial management in any other county that is required or
chooses to plan under RCW 36.70A.040, the governor shall first inquire
of the jurisdictions as to the reason or reasons for failure to reach
an agreement.  If the governor deems it appropriate, the governor may
immediately request the assistance of the department of community,
trade, and economic development to mediate any disputes that preclude
agreement.  If mediation is unsuccessful in resolving all disputes that
will lead to agreement, the governor may impose appropriate sanctions
from those specified under RCW 36.70A.340 on the county, city, or
cities for failure to reach an agreement as provided in this section.
The governor shall specify the reason or reasons for the imposition of
any sanction.
     (e) No later than July 1, 1992, the legislative authority of each
county that was required or chose to plan under RCW 36.70A.040 as of
June 1, 1991, or no later than fourteen months after the date the
county adopted its resolution of intention or was certified by the
office of financial management the county legislative authority of any
other county that is required or chooses to plan under RCW 36.70A.040,
shall adopt a county-wide planning policy according to the process
provided under this section and that is consistent with the agreement
pursuant to (b) of this subsection, and after holding a public hearing
or hearings on the proposed county-wide planning policy.
     (3) A county-wide planning policy shall at a minimum, address thefollowing:
     (a) Policies to implement RCW 36.70A.110;
     (b) Policies for promotion of contiguous and orderly development
and provision of urban services to such development;
     (c) Policies for siting public capital facilities of a county-wide
or state-wide nature, including transportation facilities of state-wide
significance as defined in RCW 47.06.140;
     (d) Policies for county-wide transportation facilities andstrategies;
     (e) Policies that consider the need for affordable housing, such as
housing for all economic segments of the population (({- and parameters
for its distribution -}));
     (f) Policies for joint county and city planning within urban growthareas;
     (g) Policies for county-wide economic development and employment;and
     (h) An analysis of the fiscal impact.
     (4) Federal agencies and Indian tribes may participate in and
cooperate with the county-wide planning policy adoption process.
Adopted county-wide planning policies shall be adhered to by stateagencies.
     (5) Failure to adopt a county-wide planning policy that meets the
requirements of this section may result in the imposition of a sanction
or sanctions on a county or city within the county, as specified in RCW
36.70A.340.  In imposing a sanction or sanctions, the governor shall
specify the reasons for failure to adopt a county-wide planning policy
in order that any imposed sanction or sanctions are fairly and
equitably related to the failure to adopt a county-wide planningpolicy.
     (6) Cities and the governor may appeal an adopted county-wide
planning policy to the growth management hearings board within sixty
days of the adoption of the county-wide planning policy.
     (7) Multicounty planning policies shall be adopted by two or more
counties, each with a population of four hundred fifty thousand or
more, with contiguous urban areas and may be adopted by other counties,
according to the process established under this section or other
processes agreed to among the counties and cities within the affected
counties throughout the multicounty region.
     Sec. 19.  RCW 36.70A.350 and 1991 sp.s. c 32 s 16 are each amended
to read as follows:
     A county required or choosing to plan under RCW 36.70A.040 may
establish a process as part of its urban growth areas, that are
designated under RCW 36.70A.110, for reviewing proposals to authorize
new fully contained communities located outside of the initially
designated urban growth areas.
     (1) A new fully contained community may be approved in a county
planning under this chapter if criteria including but not limited to
the following are met:
     (a) New infrastructure is provided for (({- and impact fees are
established consistent with the requirements of RCW 82.02.050 -}));
     (b) Transit-oriented site planning and traffic demand management
programs are implemented;
     (c) Buffers are provided between the new fully contained
communities and adjacent urban development;
     (d) A mix of uses is provided to offer jobs, housing, and services
to the residents of the new community;
     (e) Affordable housing is provided within the new community for a
broad range of income levels;
     (f) Environmental protection has been addressed and provided for;
     (g) Development regulations are established to ensure urban growth
will not occur in adjacent nonurban areas;
     (h) Provision is made to mitigate impacts on designated
agricultural lands, forest lands, and mineral resource lands;
     (i) The plan for the new fully contained community is consistent
with the development regulations established for the protection of
critical areas by the county pursuant to RCW 36.70A.170.
     (2) New fully contained communities may be approved outside
established urban growth areas only if a county reserves a portion of
the twenty-year population projection and offsets the urban growth area
accordingly for allocation to new fully contained communities that meet
the requirements of this chapter.  Any county electing to establish a
new community reserve shall do so no more often than once every five
years as a part of the designation or review of urban growth areas
required by this chapter.  The new community reserve shall be allocated
on a project-by-project basis, only after specific project approval
procedures have been adopted pursuant to this chapter as a development
regulation.  When a new community reserve is established, urban growth
areas designated pursuant to this chapter shall accommodate the
unreserved portion of the twenty-year population projection.
     Final approval of an application for a new fully contained
community shall be considered an adopted amendment to the comprehensive
plan prepared pursuant to RCW 36.70A.070 designating the new fully
contained community as an urban growth area.
     Sec. 20.  RCW 36.70A.370 and 1991 sp.s. c 32 s 18 are each amended
to read as follows:
     (1) The state attorney general shall establish by October 1, 1991,
an orderly, consistent process, including a checklist if appropriate,
that better enables state agencies and local governments to evaluate
proposed regulatory or administrative actions to assure that such
actions do not result in an unconstitutional taking of private
property.  It is not the purpose of this section to (({- expand or -}))
reduce the scope of private property protections provided in the state
and federal Constitutions.  The attorney general shall review and
update the process at least on an annual basis to maintain consistency
with changes in case law.
     (2) Local governments that are required or choose to plan under RCW
36.70A.040 and state agencies shall utilize the process established by
subsection (1) of this section to assure that proposed regulatory or
administrative actions do not result in an unconstitutional taking of
private property.
     (3) The attorney general, in consultation with the Washington state
bar association, shall develop a continuing education course to
implement this section.
     (({- (4) The process used by government agencies shall be protected
by attorney client privilege.  Nothing in this section grants a private
party the right to seek judicial relief requiring compliance with the
provisions of this section. -}))
     {+ NEW SECTION. +}  Sec. 21.  It is necessary that the procedures
established in this chapter ensure that all applicable permit
processes, approvals, and reviews are processed concurrently, rather
than consecutively.  The lead environmental agency or counties and
cities shall establish by rule or ordinance an expedited appeals
process by which an applicant may appeal any failure by any permit
agency, county, or city to take timely action on the issuance or denial
of a permit or land-use approval or subdivision of land in accordance
with the time limits established under this chapter.  If the decision
maker finds that the time limits under appeal have been violated
without good cause, the decision maker shall establish a date certain
by which the permit agency shall act on the permit application and
provide for the full reimbursement of any filing or permit processing
fees paid by the applicant to the local government or agency for the
permit application under appeal.
     Sec. 22.  RCW 36.70A.390 and 1992 c 207 s 6 are each amended to
read as follows:
     A county or city governing body that adopts a moratorium, interim
zoning map, interim zoning ordinance, or interim official control
without holding a public hearing on the proposed moratorium, interim
zoning map, interim zoning ordinance, or interim official control,
shall hold a public hearing on the adopted moratorium, interim zoning
map, interim zoning ordinance, or interim official control within at
least sixty days of its adoption, whether or not the governing body
received a recommendation on the matter from the planning commission or
department.  If the governing body does not adopt findings of fact
justifying its action before this hearing, then the governing body
shall do so immediately after this public hearing.  A moratorium,
interim zoning map, interim zoning ordinance, or interim official
control adopted under this section may be effective for not longer than
six months, but may be effective for up to one year if a work plan is
developed for related studies providing for such a longer period.  A
moratorium, interim zoning map, interim zoning ordinance, or interim
official control may be renewed for one or more six-month periods if a
subsequent public hearing is held and findings of fact are made prior
to each renewal.
     This section does not apply to the designation of (({- critical
areas, -})) agricultural lands, forest lands, and mineral resource
lands, under RCW 36.70A.170, and the conservation of these lands and
protection of these areas under RCW 36.70A.060, prior to such actions
being taken in a comprehensive plan adopted under RCW 36.70A.070 and
implementing development regulations adopted under RCW 36.70A.120, if
a public hearing is held on such proposed actions.
     Sec. 23.  RCW 76.09.050 and 1997 c 173 s 2 are each amended to read
as follows:
     (1) The board shall establish by rule which forest practices shall
be included within each of the following classes:
     Class I:  Minimal or specific forest practices that have no direct
potential for damaging a public resource and that may be conducted
without submitting an application or a notification except that when
the regulating authority is transferred to a local governmental entity,
those Class I forest practices that involve timber harvesting or road
construction within "urban growth areas," designated pursuant to
chapter 36.70A RCW, are processed as Class IV forest practices, but are
not subject to environmental review under chapter 43.21C RCW;
     Class II:  Forest practices which have a less than ordinary
potential for damaging a public resource that may be conducted without
submitting an application and may begin five calendar days, or such
lesser time as the department may determine, after written notification
by the operator, in the manner, content, and form as prescribed by the
department, is received by the department.  However, the work may not
begin until all forest practice fees required under RCW 76.09.065 have
been received by the department.  Class II shall not include forestpractices:
     (a) On lands platted after January 1, 1960, as provided in chapter
58.17 RCW or on lands that have or are being converted to another use;
     (b) Which require approvals under the provisions of the hydraulics
act, RCW 75.20.100;
     (c) Within "shorelines of the state" as defined in RCW 90.58.030;
     (d) Excluded from Class II by the board; or
     (e) Including timber harvesting or road construction within "urban
growth areas," designated pursuant to chapter 36.70A RCW, which areClass IV;
     Class III:  Forest practices other than those contained in Class I,
II, or IV.  A Class III application must be approved or disapproved by
the department within thirty calendar days from the date the department
receives the application.  However, the applicant may not begin work on
that forest practice until all forest practice fees required under RCW
76.09.065 have been received by the department;
     Class IV:  Forest practices other than those contained in Class I
or II:  (a) On lands platted after January 1, 1960, as provided in
chapter 58.17 RCW, (b) on lands that have or are being converted to
another use, (c) on lands which, pursuant to RCW 76.09.070 (({- as now
or hereafter amended -})), are not to be reforested because of the
likelihood of future conversion to urban development, (d) except on
those lands involving timber harvesting or road construction on lands
that are contained within "urban growth areas," designated pursuant to
chapter 36.70A RCW, where the forest landowner provides:  (i) A written
statement of intent signed by the forest landowner not to convert to a
use other than commercial forest product operations for ten years,
accompanied by either a written forest management plan acceptable to
the department or documentation that the land is enrolled under the
provisions of chapter 84.33 RCW; or (ii) a conversion option harvest
plan approved by the local governmental entity and submitted to the
department as part of the application, and/or (e) which have a
potential for a substantial impact on the environment and therefore
require an evaluation by the department as to whether or not a detailed
statement must be prepared pursuant to the state environmental policy
act, chapter 43.21C RCW.  Such evaluation shall be made within ten days
from the date the department receives the application:  PROVIDED, That
nothing herein shall be construed to prevent any local or regional
governmental entity from determining that a detailed statement must be
prepared for an action pursuant to a Class IV forest practice taken by
that governmental entity concerning the land on which forest practices
will be conducted.  A Class IV application must be approved or
disapproved by the department within thirty calendar days from the date
the department receives the application, unless the department
determines that a detailed statement must be made, in which case the
application must be approved or disapproved by the department within
sixty calendar days from the date the department receives the
application, unless the commissioner of public lands, through the
promulgation of a formal order, determines that the process cannot be
completed within such period.  However, the applicant may not begin
work on that forest practice until all forest practice fees required
under RCW 76.09.065 have been received by the department.
     Forest practices under Classes I, II, and III are exempt from the
requirements for preparation of a detailed statement under the state
environmental policy act.
     (2) Except for those forest practices being regulated by local
governmental entities as provided elsewhere in this chapter, no Class
II, Class III, or Class IV forest practice shall be commenced or
continued after January 1, 1975, unless the department has received a
notification with regard to a Class II forest practice or approved an
application with regard to a Class III or Class IV forest practice
containing all information required by RCW 76.09.060 (({- as now or
hereafter amended -})).  However, in the event forest practices
regulations necessary for the scheduled implementation of this chapter
and RCW 90.48.420 have not been adopted in time to meet such schedules,
the department shall have the authority to regulate forest practices
and approve applications on such terms and conditions consistent with
this chapter and RCW 90.48.420 and the purposes and policies of RCW
76.09.010 until applicable forest practices regulations are in effect.
     (3) Except for those forest practices being regulated by local
governmental entities as provided elsewhere in this chapter, if a
notification or application is delivered in person to the department by
the operator or the operator's agent, the department shall immediately
provide a dated receipt thereof.  In all other cases, the department
shall immediately mail a dated receipt to the operator.
     (4) Except for those forest practices being regulated by local
governmental entities as provided elsewhere in this chapter, forest
practices shall be conducted in accordance with the forest practices
regulations, orders and directives as authorized by this chapter or the
forest practices regulations, and the terms and conditions of any
approved applications.
     (5) Except for those forest practices being regulated by local
governmental entities as provided elsewhere in this chapter, the
department of natural resources shall notify the applicant in writing
of either its approval of the application or its disapproval of the
application and the specific manner in which the application fails to
comply with the provisions of this section or with the forest practices
regulations.  Except as provided otherwise in this section, if the
department fails to either approve or disapprove an application or any
portion thereof within the applicable time limit, the application shall
be deemed approved and the operation may be commenced:  PROVIDED, That
this provision shall not apply to applications which are neither
approved nor disapproved pursuant to the provisions of subsection (7)
of this section:  PROVIDED, FURTHER, That if seasonal field conditions
prevent the department from being able to properly evaluate the
application, the department may issue an approval conditional upon
further review within sixty days:  PROVIDED, FURTHER, That the
department shall have until April 1, 1975, to approve or disapprove an
application involving forest practices allowed to continue to April 1,
1975, under the provisions of subsection (2) of this section.  Upon
receipt of any notification or any satisfactorily completed application
the department shall in any event no later than two business days after
such receipt transmit a copy to the departments of ecology and fish and
wildlife, and to the county, city, or town in whose jurisdiction the
forest practice is to be commenced.  Any comments by such agencies
shall be directed to the department of natural resources.
     (6) For those forest practices regulated by the board and the
department, if the county, city, or town believes that an application
is inconsistent with this chapter, the forest practices regulations, or
any local authority consistent with RCW 76.09.240 (({- as now or
hereafter amended -})), it may so notify the department and the
applicant, specifying its objections.
     (7) For those forest practices regulated by the board and the
department, the department shall not approve portions of applications
to which a county, city, or town objects if:
     (a) The department receives written notice from the county, city,
or town of such objections within fourteen business days from the time
of transmittal of the application to the county, city, or town, or one
day before the department acts on the application, whichever is later;and
     (b) The objections relate to lands either:
     (i) Platted after January 1, 1960, as provided in chapter 58.17RCW; or
     (ii) On lands that have or are being converted to another use.
     The department shall either disapprove those portions of such
application or appeal the county, city, or town objections to the
appeals board.  If the objections related to subparagraphs (b)(i) and
(ii) of this subsection are based on local authority consistent with
RCW 76.09.240 (({- as now or hereafter amended -})), the department
shall disapprove the application until such time as the county, city,
or town consents to its approval or such disapproval is reversed on
appeal.  The applicant shall be a party to all department appeals of
county, city, or town objections.  Unless the county, city, or town
either consents or has waived its rights under this subsection, the
department shall not approve portions of an application affecting such
lands until the minimum time for county, city, or town objections hasexpired.
     (8) For those forest practices regulated by the board and the
department, in addition to any rights under the above paragraph, the
county, city, or town may appeal any department approval of an
application with respect to any lands within its jurisdiction.  The
appeals board may suspend the department's approval in whole or in part
pending such appeal where there exists potential for immediate and
material damage to a public resource.
     (9) For those forest practices regulated by the board and the
department, appeals under this section shall be made to the appeals
board in the manner and time provided in RCW 76.09.220(8).  In such
appeals there shall be no presumption of correctness of either the
county, city, or town or the department position.
     (10) For those forest practices regulated by the board and the
department, the department shall, within four business days notify the
county, city, or town of all notifications, approvals, and disapprovals
of an application affecting lands within the county, city, or town,
except to the extent the county, city, or town has waived its right to
such notice.     (11) For those forest practices regulated by the board and the
department, a county, city, or town may waive in whole or in part its
rights under this section, and may withdraw or modify any such waiver,
at any time by written notice to the department.
     {+ (12) This section does not apply to land development proceeding
under Title 36 RCW.
     (13) For the purposes of this section, "land development" means the
division or platting of land in preparation for development or the
actual building, constructing, or erecting of residences or commercial
buildings. +}
     Sec. 24.  RCW 36.70B.010 and 1995 c 347 s 401 are each amended to
read as follows:     The legislature finds and declares the following:
     (1) As the number of environmental laws and development regulations
has increased for land uses and development, so has the number of
required local land use permits, each with its own separate approvalprocess.
     (2) The increasing number of local and state land use permits and
separate environmental review processes required by agencies has
generated continuing potential for conflict, overlap, and duplication
between the various permit and review processes.
     (3) This regulatory burden has significantly added to the cost and
time needed to obtain local and state land use permits and has made it
difficult for the public to know how and when to provide timely
comments on land use proposals that require multiple permits and have
separate environmental review processes.
     {+ (4) The legislature therefore finds minimizing lengthy, costly,
and burdensome appeals and permit processes to be of great importance
as well as to promote clear vesting of property and development rights.+}
     Sec. 25.  RCW 36.70B.020 and 1995 c 347 s 402 are each amended to
read as follows:
     Unless the context clearly requires otherwise, the definitions in
this section apply throughout this chapter.
     (1) "Closed record appeal" means an administrative appeal on the
record to a local government body or officer, including the legislative
body, following an open record hearing on a project permit application
when the appeal is on the record with no or limited new evidence or
information allowed to be submitted and only appeal argument allowed.
     (2) "Local government" means a county, city, or town.
     (3) "Open record hearing" means a hearing, conducted by a single
hearing body or officer authorized by the local government to conduct
such hearings, that creates the local government's record through
testimony and submission of evidence and information, under procedures
prescribed by the local government by ordinance or resolution.  (({- An
open record hearing may be held prior to a local government's decision
on a project permit to be known as an "open record predecision
hearing."  An open record hearing may be held on an appeal, to be known
as an "open record appeal hearing," if no open record predecision
hearing has been held on the project permit. -}))
     (4) "Project permit" (({- or "project permit application" -}))
means any land use or environmental permit or license required from a
local government for a project action, including (({- but not limited
to -})) building permits, subdivisions, binding site plans, planned
unit developments, conditional uses, shoreline substantial development
permits, {+ and +} site plan review(({- , permits or approvals required
by critical area ordinances, site-specific rezones -})) authorized by
a comprehensive plan (({- or subarea plan, but excluding the adoption
or amendment of a comprehensive plan, subarea plan, or development
regulations except as otherwise specifically included in thissubsection -})).
     (5) "Public meeting" means an informal meeting, hearing, workshop,
or other public gathering of people to obtain comments from the public
or other agencies on a proposed project permit prior to the local
government's decision.  A public meeting (({- may include, but -})) is
(({- not -})) limited to(({- , a design review or architectural control
board meeting, a special review district or community council meeting,
or -})) a scoping meeting on a draft environmental impact statement.
A public meeting does not include an open record hearing.  The
proceedings at a public meeting may be recorded and a report (({- or
recommendation -})) may be included in the local government's project
permit application file.
     {+ (6) "Separate approval process" means a distinct permit or
review process required by state, local, or other agencies, including
but not limited to land use permits and environmental reviews. +}
     Sec. 26.  RCW 36.70B.040 and 1997 c 429 s 46 are each amended to
read as follows:
     (1) A proposed project's consistency with a local government's
development regulations adopted under chapter 36.70A RCW, or, in the
absence of applicable development regulations, the appropriate elements
of the comprehensive plan adopted under chapter 36.70A RCW shall be
decided by the local government during project review by considerationof:
     (a) The type of land use;
     (b) The level of development, such as units per acre or other
measures of density; {+ and +}
     (c) Infrastructure, including public facilities and services needed
to serve the development(({- ; and
     (d) The characteristics of the development, such as development
standards -})).     (2) (({- In deciding whether a project is consistent, the
determinations made pursuant to RCW 36.70B.030(2) shall be controlling.
     (3) -})) For purposes of this section, the term "consistency" shall
include all terms used in (({- this chapter and -})) chapter 36.70A RCW
to refer to performance in accordance with (({- this chapter and -}))
chapter 36.70A RCW(({- , including but not limited to compliance,
conformity, and consistency.
     (4) Nothing in this section requires documentation, dictates an
agency's procedures for considering consistency, or limits a  city or
county from asking more specific or related questions with respect to
any of the four main categories listed in subsection (1)(a) through (d)
of this section.
     (5) The department of community, trade, and economic development is
authorized to develop and adopt by rule criteria to assist local
governments planning under RCW 36.70A.040 to analyze the consistency of
project actions.  These criteria shall be jointly developed with the
department of ecology -})).
     Sec. 27.  RCW 36.70B.060 and 1995 c 347 s 407 are each amended to
read as follows:
     Not later than March 31, 1996, each local government planning under
RCW 36.70A.040 shall establish by ordinance or resolution an integrated
and consolidated project permit process that (({- may -})) {+ shall +}
be included in its development regulations.  (({- In addition to the
elements required by RCW 36.70B.050, -})) {+ T +}he process shall
include the following elements:
     (1) A determination of completeness to the applicant as required by
(({- RCW 36.70B.070 -})) {+ each separate approval process +};
     (2) A notice of application to the public and agencies with
jurisdiction (({- as required by RCW 36.70B.110 -}));
     (3) Except as provided in RCW 36.70B.140, an optional consolidated
project permit review process as provided in RCW 36.70B.120.  The
review process shall provide for no more than one consolidated open
record hearing and one closed record appeal(({- .  If an open record
predecision hearing is provided prior to the decision on a project
permit, the process shall not allow a subsequent open record appealhearing -}));
     (4) Provision allowing for any {+ required +} public meeting or
required open record hearing to be combined with any (({- public
meeting or -})) open record hearing that may be held on the project by
another local(({- , -})) {+ or +} state(({- , regional, federal, or
other -})) agency, in accordance with provisions of RCW 36.70B.090 and
36.70B.110;
     (5) (({- A single report stating all the decisions made as of the
date of the report on all project permits included in the consolidated
permit process that do not require an open record predecision hearing
and any recommendations on project permits that do not require an open
record predecision hearing.  The report shall state any mitigation
required or proposed under the development regulations or the agency's
authority under RCW 43.21C.060.  The report may be the local permit.
If a threshold determination other than a determination of significance
has not been issued previously by the local government, the report
shall include or append this determination;
     (6) Except for the appeal of a determination of significance as
provided in RCW 43.21C.075, if a local government elects to provide an
appeal of its threshold determinations or project permit decisions, the
local government shall provide for no more than one consolidated open
record hearing on such appeal.  The local government need not provide
for any further appeal and may provide an appeal for some but not all
project permit decisions.  If an appeal is provided after the open
record hearing, it shall be a closed record appeal before a single
decision-making body or officer;
     (7) -})) A notice of decision as required by RCW 36.70B.130 and
issued within the time period provided in RCW 36.70B.080 and36.70B.090;
     (({- (8) -})) {+ (6) +} Completion of project review by the local
government, including environmental review and public review and any
appeals to the local government, within any applicable time periods
under RCW 36.70B.090; and
     (({- (9) -})) {+ (7) +} Any other provisions not inconsistent with
the requirements of this chapter or chapter 43.21C RCW.
     Sec. 28.  RCW 36.70B.070 and 1995 c 347 s 408 are each amended to
read as follows:
     (1) Within twenty-eight days after receiving a project permit
application, a local government planning pursuant to RCW 36.70A.040
shall mail or provide in person a written determination to the
applicant, stating either:     (a) That the application is complete; or
     (b) That the application is incomplete and what is necessary to
make the application complete.
     To the extent known by the local government, the local government
shall identify other agencies of local, state, or federal governments
that may have jurisdiction over some aspect of the application.
     (2) A project permit application is complete (({- for purposes of
this section -})) when it meets the procedural submission requirements
of the local government and is sufficient for continued processing even
though additional information may be (({- required -})) {+ requested +}
or project modifications may be undertaken subsequently.  (({- The
determination of completeness shall not preclude the local government
from requesting additional information or studies either at the time of
the notice of completeness or subsequently if new information is
required or substantial changes in the proposed action occur.
     (3) The determination of completeness may include the following as
optional information:
     (a) A preliminary determination of those development regulations
that will be used for project mitigation;
     (b) A preliminary determination of consistency, as provided under
RCW 36.70B.040; or
     (c) Other information the local government chooses to include.
     (4) -})) {+ Additional requested information shall be of a
clarifying nature and based on requirements of the underlying
development regulations.
     (3) +}(a) An application shall be deemed complete (({- under this
section -})) if the local government does not provide a written
determination to the applicant that the application is incomplete as
provided in subsection (1)(b) of this section.
     (b) Within fourteen days after an applicant has submitted to a
local government additional information identified by the local
government as being necessary for a complete application, the local
government shall notify the applicant whether the application is
complete or what (({- additional -})) information (({- is necessary -
})) {+ was not included under the original written determination
provided in subsection (1)(b) of this section +}.
     Sec. 29.  RCW 36.70B.090 and 1995 c 347 s 413 are each amended to
read as follows:
     (1) (({- Except as otherwise provided in subsection (2) of this
section, -})) {+ A +} local government planning under RCW 36.70A.040
shall issue its notice of final decision on a project permit
application within one hundred twenty days after the local government
notifies the applicant that the application is complete, as provided in
RCW 36.70B.070.  In determining the number of days that have elapsed
after the local government has notified the applicant that the
application is complete, the following periods shall be excluded:
     (a)(i) Any period during which the applicant has been requested by
the local government to correct plans(({- , perform required studies, -
})) or provide additional (({- required -})) information {+ required in
the underlying development regulations +}.  The period shall be
calculated from the date the local government notifies the applicant of
the need for additional {+ required +} information until the earlier of
the date the local government determines whether the additional {+
required +} information satisfies the {+ original +} request for
information or fourteen days after the date the information has been
provided to the local government.
     (ii) If the local government determines that the information
submitted by the applicant under (a)(i) of this subsection (({- is
insufficient -})) {+ does not meet requirements of the underlying
development regulations +}, it shall notify the applicant of the
deficiencies and the procedures under (a)(i) of this subsection shall
apply (({- as if a new request for studies had been made -})); {+ and+}
     (b) Any period during which an environmental impact statement is
being prepared following a determination of significance pursuant to
chapter 43.21C RCW, if the local government by ordinance or resolution
has established time periods for completion of environmental impact
statements, or if the local government and the applicant in writing
agree to a time period for completion of an environmental impactstatement(({- ;
     (c) Any period for administrative appeals of project permits, if an
open record appeal hearing or a closed record appeal, or both, are
allowed.  The local government by ordinance or resolution shall
establish a time period to consider and decide such appeals.  The time
period shall not exceed:  (i) Ninety days for an open record appeal
hearing; and (ii) sixty days for a closed record appeal.  The parties
to an appeal may agree to extend these time periods; and
     (d) Any extension of time mutually agreed upon by the applicant and
the local government.
     (2) The time limits established by subsection (1) of this section
do not apply if a project permit application:
     (a) Requires an amendment to the comprehensive plan or a
development regulation;
     (b) Requires approval of a new fully contained community as
provided in RCW 36.70A.350, a master planned resort as provided in RCW
36.70A.360, or the siting of an essential public facility as provided
in RCW 36.70A.200; or
     (c) Is substantially revised by the applicant, in which case the
time period shall start from the date at which the revised project
application is determined to be complete under RCW 36.70B.070.
     (3) If the local government is unable to issue its final decision
within the time limits provided for in this section, it shall provide
written notice of this fact to the project applicant.  The notice shall
include a statement of reasons why the time limits have not been met
and an estimated date for issuance of the notice of final decision -})).
     (({- (4) -})) {+ (2) +} This section shall apply to project permit
applications filed on or after April 1, 1996.
     Sec. 30.  RCW 36.70B.110 and 1997 c 429 s 48 and 1997 c 396 s 1 are
each reenacted and amended to read as follows:
     (1) Not later than April 1, 1996, a local government planning under
RCW 36.70A.040 shall provide a notice of application to the public and
the departments and agencies with jurisdiction as provided in this
section.  If a local government has made a threshold determination
under chapter 43.21C RCW concurrently with the notice of application,
the notice of application may be combined with the threshold
determination and the scoping notice for a determination of
significance.  Nothing in this section prevents a determination of
significance and scoping notice from being issued prior to the notice
of application.  Nothing in this section or this chapter prevents a
lead agency, when it is a project proponent or is funding a project,
from conducting its review under chapter 43.21C RCW or from allowing
appeals of procedural determinations prior to submitting a project
permit application.
     (2) The notice of application shall be provided within fourteen
days after the determination of completeness as provided in RCW
36.70B.070 and, except as limited by the provisions of subsection (({-
 (4) -})) {+ (3) +}(b) of this section, shall include the following in
whatever sequence or format the local government deems appropriate:
     (a) The date of application, the date of the notice of completion
for the application, and the date of the notice of application;
     (b) A description of the proposed project action and a list of the
project permits included in the application (({- and, if applicable, a
list of any studies requested under RCW 36.70B.070 or 36.70B.090 -}));
     (c) The identification of other permits not included in the
application (({- to the extent known by the local government -}));
     (d) The identification of existing environmental documents that
evaluate the proposed project, and, if not otherwise stated on the
document providing the notice of application, such as a city land use
bulletin, the location where the application and any studies can bereviewed;
     (e) A statement of the public comment period, which shall be not
less than fourteen nor more than thirty days following the date of
notice of application, and statements of the right of any person to
comment on the application, receive notice of and participate in any
hearings, request a copy of the decision once made, and any appeal
rights.  A local government may accept public comments at any time (({-
 prior to the closing of the record of an open record predecision
hearing, if any, or, if no open record predecision hearing is provided,
-})) prior to the decision on the project permit;
     (f) The date, time, place, and type of hearing, if applicable and
scheduled at the date of notice of the application; {+ and +}
     (g) A statement of (({- the preliminary determination, if one has
been made at the time of notice, of -})) those development regulations
that will be used for project mitigation (({- and of consistency as
provided in RCW 36.70B.030(2); and
     (h) Any other information determined appropriate by the localgovernment.
     (3) If an open record predecision hearing is required for the
requested project permits, the notice of application shall be provided
at least fifteen days prior to the open record hearing.
     (4) -})) {+ required in chapter 43.21C RCW.
     (3) +} A local government shall use reasonable methods to give the
notice of application to the public and agencies with jurisdiction and
(({- may -})) {+ shall +} use its existing notice procedures.  (({- A
local government may use different types of notice for different
categories of project permits or types of project actions.  If a local
government by resolution or ordinance does not specify its method of
public notice, the local government shall use the methods provided for
in (a) and (b) of this subsection.  Examples of reasonable methods to
inform the public are:     (a) Posting the property for site-specific proposals;
     (b) Publishing notice, including at least the project location,
description, type of permit(s) required, comment period dates, and
location where the notice of application required by subsection (2) of
this section and the complete application may be reviewed, in the
newspaper of general circulation in the general area where the proposal
is located or in a local land use newsletter published by the localgovernment;
     (c) Notifying public or private groups with known interest in a
certain proposal or in the type of proposal being considered;
     (d) Notifying the news media;
     (e) Placing notices in appropriate regional or neighborhood
newspapers or trade journals;
     (f) Publishing notice in agency newsletters or sending notice to
agency mailing lists, either general lists or lists for specific
proposals or subject areas; and     (g) Mailing to neighboring property owners.
     (5) -})) {+ (4) +} A notice of application shall not be required
for project permits that are categorically exempt under chapter 43.21C
RCW(({- , unless an open record predecision hearing is required or an
open record appeal hearing is allowed on the project permit decision -})).
     (({- (6) -})) {+ (5) +} A local government shall integrate the
permit procedures in this section with its environmental review under
chapter 43.21C RCW as follows:
     (a) Except for a threshold determination and except as otherwise
expressly allowed in this section, the local government may not issue
until the expiration of the public comment period on the notice ofapplication.
     (b) (({- If an open record predecision hearing is required, the
local government shall issue its threshold determination at least
fifteen days prior to the open record predecision hearing.
     (c) -})) Comments shall be as specific as possible.
     (({- (d) -})) {+ (c) +} A local government is not required to
provide for administrative appeals of its threshold determination.  If
provided, an administrative appeal shall be filed within fourteen days
after notice that the determination has been made and is appealable.
Except as otherwise expressly provided in this section, the appeal
hearing on a determination of nonsignificance shall be consolidated
with any open record hearing on the project permit.
     (({- (7) -})) {+ (6) +} At the request of the applicant, a local
government (({- may -})) {+ shall +} combine any hearing on a project
permit with any hearing that may be held by another local(({- , -})) {+
or +} state(({- , regional, federal, or other -})) agency(({- , -}))if:
     (a) The hearing is held within the geographic boundary of the local
government; and
     (b) The joint hearing can be held within the time periods specified
in RCW 36.70B.090 or the applicant agrees to the schedule in the event
that additional time is needed in order to combine the hearings.  All
agencies of the state of Washington, including municipal corporations
and counties participating in a combined hearing, are hereby authorized
to issue joint hearing notices and develop a joint format, select a
mutually acceptable hearing body or officer, and take such other
actions as may be necessary to hold joint hearings consistent with each
of their respective statutory obligations.
     (({- (8) -})) {+ (7) +} All state and local agencies shall
cooperate to the fullest extent possible with the local government in
holding a joint hearing if requested to do so, as long as:
     (a) The agency is not expressly prohibited by statute from doingso;
     (b) Sufficient notice of the hearing is given to meet each of the
agencies' adopted notice requirements as set forth in statute,
ordinance, or rule; and
     (c) The agency has received the necessary information about the
proposed project from the applicant to hold its hearing at the same
time as the local government hearing.
     (({- (9) -})) {+ (8) +} A local government is not required to
provide for administrative appeals.  If provided, an administrative
appeal of the project decision and of any environmental determination
issued at the same time as the project decision, shall be filed within
fourteen days after the notice of the decision or after other notice
that the decision has been made and is appealable.  The local
government shall extend the appeal period for an additional seven days,
if state or local rules adopted pursuant to chapter 43.21C RCW allow
public comment on a determination of nonsignificance issued as part of
the appealable project permit decision.
     (({- (10) -})) {+ (9) +} The applicant for a project permit is
deemed to be a participant in any comment period, open record hearing,
or closed record appeal.
     (({- (11) -})) {+ (10) +} Each local government planning under RCW
36.70A.040 shall adopt procedures for administrative interpretation of
its development regulations.
     Sec. 31.  RCW 36.70B.120 and 1995 c 347 s 416 are each amended to
read as follows:
     (1) Each local government planning under RCW 36.70A.040 shall
establish a permit review process that provides for the integrated and
consolidated review and decision on two or more project permits
relating to a proposed project action, including a single application
review and approval process covering all project permits requested by
an applicant for all or part of a project action and a designated
permit coordinator.  If an applicant elects the consolidated permit
review process, the determination of completeness, notice of
application, and notice of final decision must include all project
permits being reviewed through the consolidated permit review process.
     (2) Consolidated permit review may provide different procedures for
different categories of project permits, but if a project action
requires project permits from more than one category, the local
government shall provide for consolidated permit review with a single
open record hearing and no more than one closed record appeal as
provided in RCW 36.70B.060.  Each local government shall determine
which project permits are subject to an open record hearing and a
closed record appeal.  Examples of categories of project permits
include but are not limited to:
     (a) Proposals that are categorically exempt from chapter 43.21C
RCW, such as construction permits, that do not require environmental
review or public notice;
     (b) Permits that require environmental review(({- , but no open
record predecision hearing -})); and
     (c) Permits that require a threshold determination and an open
record predecision hearing and may provide for a closed record appeal
to a hearing body or officer or to the local government legislativebody.
     (3) A local government may provide by ordinance or resolution for
the same or a different decision maker or hearing body or officer for
different categories of project permits.  In the case of consolidated
project permit review, the local government shall specify which
decision makers shall make the decision or recommendation, conduct the
hearing, or decide the appeal to ensure that consolidated permit review
occurs as provided in this section.  The consolidated permit review may
combine an open record predecision hearing on one or more permits with
an open record appeal hearing on other permits.  In such cases, the
local government by ordinance or resolution shall specify which project
permits, if any, shall be subject to a closed record appeal.
     Sec. 32.  RCW 36.70B.130 and 1996 c 254 s 1 are each amended to
read as follows:
     A local government planning under RCW 36.70A.040 shall provide a
notice of decision that also includes a statement of any threshold
determination made under chapter 43.21C RCW and the procedures for
administrative appeal, if any.  The notice of decision may be a copy of
the report or decision on the project permit application.  The notice
shall be provided to the applicant and to any person who, prior to the
rendering of the decision, requested notice of the decision or
submitted substantive comments on the application.  The local
government shall provide for notice of its decision as provided in RCW
36.70B.110(({- (4) -})) {+ (3) +}, which shall also state that affected
property owners may request a change in valuation for property tax
purposes notwithstanding any  program of revaluation.  The local
government shall provide notice of decision to the county assessor's
office of the county or counties in which the property is situated.
     Sec. 33.  RCW 36.70B.140 and 1995 c 347 s 418 are each amended to
read as follows:
     (1) A local government by ordinance or resolution (({- may -})) {+
shall +} exclude the following project permits from the provisions of
RCW 36.70B.060 through 36.70B.090 and 36.70B.110 through 36.70B.130:
Landmark designations, street vacations, or other approvals relating to
the use of public areas or facilities, or other project permits,
whether administrative or quasi-judicial, that the local government by
ordinance or resolution has determined present special circumstances
that warrant a review process different from that provided in RCW
36.70B.060 through 36.70B.090 and 36.70B.110 through 36.70B.130.
     (2) A local government by ordinance or resolution also (({- may -
})) {+ shall +} exclude the following project permits from the
provisions of RCW 36.70B.060 and 36.70B.110 through 36.70B.130:  Lot
line or boundary adjustments and building and other construction
permits, or similar administrative approvals, categorically exempt from
environmental review under chapter 43.21C RCW, or for which
environmental review has been completed in connection with otherproject permits.
     Sec. 34.  RCW 36.70B.160 and 1995 c 347 s 420 are each amended to
read as follows:
     (1) Each local government (({- is encouraged to -})) {+ shall +}
adopt further project review provisions to (({- provide prompt,
coordinated review and -})) ensure accountability to applicants and the
public(({- , including -})) {+ and +} {+ provide +} expedited{+ ,
coordinated +} review (({- for project permit applications -})) for
projects that are consistent with adopted development regulations (({-
 and within the capacity of system-wide infrastructure improvements -})).
     (2) Nothing in this chapter is intended or shall be construed to
prevent a local government from (({- requiring -})) {+ allowing +} a
preapplication conference or a public (({- meeting -})) {+ hearing +}
by rule, ordinance, or resolution.
     (3) Each local government shall adopt procedures to monitor and
enforce permit decisions and conditions.
     (4) Nothing in this chapter modifies any independent statutory
authority for a government agency to appeal a project permit issued by
a local government.
     Sec. 35.  RCW 36.70B.170 and 1995 c 347 s 502 are each amended to
read as follows:
     (1) A local government may enter into a development agreement with
a person having ownership or control of real property within its
jurisdiction.  A city may enter into a development agreement for real
property outside its boundaries as part of a proposed annexation or a
service agreement.  A development agreement must set forth the
development standards and other provisions that shall apply to and
govern and vest the development, use, and mitigation of the development
of the real property for the duration specified in the agreement.  A
development agreement shall be consistent with applicable development
regulations adopted by a local government planning under chapter 36.70ARCW.
     (2) RCW 36.70B.170 through 36.70B.190 and section 501, chapter 347,
Laws of 1995 do not affect the validity of a contract rezone,
concomitant agreement, annexation agreement, or other agreement in
existence on July 23, 1995, or adopted under separate authority, that
includes some or all of the development standards provided in
subsection (3) of this section.
     (3) For the purposes of this section, "development standards"
includes, but is not limited to:
     (a) Project elements such as permitted uses, residential densities,
and nonresidential densities and intensities or building sizes;
     (b) The amount and payment of impact fees imposed or agreed to in
accordance with any applicable provisions of state law, any
reimbursement provisions, other financial contributions by the property
owner, inspection fees, or dedications;
     (c) Mitigation measures, development conditions, and other
requirements under chapter 43.21C RCW;
     (d) Design standards such as maximum heights, setbacks, drainage
and water quality requirements, landscaping, and other developmentfeatures;
     (e) Affordable housing;     (f) Parks and open space preservation;
     (g) Phasing;
     (h) Review procedures and standards for implementing decisions;
     (i) A build-out or vesting period for applicable standards; and
     (j) Any other appropriate development requirement or procedure.
     (4) The execution of a development agreement is a proper exercise
of county and city police power and contract authority.  A development
agreement may obligate a party to fund or provide services,
infrastructure, or other facilities.  {+ The execution of a development
agreement may not be deemed an admission by the person having ownership
or control of real property that such execution is a voluntary act. +}
A development agreement shall reserve authority to impose new or
different regulations to the extent required by a serious threat to
public health and safety.
     {+ NEW SECTION. +}  Sec. 36.  The following acts or parts of acts
are each repealed:     (1) RCW 36.70B.030 and 1995 c 347 s 404;
     (2) RCW 36.70B.080 and 1995 c 347 s 409 & 1994 c 257 s 3; and
     (3) 1998 c 286 s 9 & 1995 c 347 s 411 (uncodified).
     {+ NEW SECTION. +}  Sec. 37.  Sections 4 through 9, 14, and 21 of
this act are each added to chapter 36.70A RCW.
     {+ NEW SECTION. +}  Sec. 38.  If any provision of this act or its
application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other
persons or circumstances is not affected.
     {+ NEW SECTION. +}  Sec. 39.  Section 29 of this act expires June30, 2000.
     {+ NEW SECTION. +}  Sec. 40.  This act is necessary for the
immediate preservation of the public peace, health, or safety, or
support of the state government and its existing public institutions,
and takes effect immediately.
     {+ NEW SECTION. +}  Sec. 41.  This act is remedial in nature and
applies retroactively to July 1, 1990, and thereafter.
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