Revised Code of Washington - RCW Title 36 Counties - Chapter 36.70A Growth Management -- Planning By Selected Counties And Cities

36.70A.010 Legislative findings
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 ...
36.70A.011 Findings -- Rural lands
The legislature finds that this chapter is intended to recognize the importance of rural lands and rural character to Washington's economy, its people, and its ...
36.70A.020 Planning goals
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 ...
36.70A.030 Definitions
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 ...
36.70A.035 Public participation -- Notice provisions
(1) The public participation requirements of this chapter shall include notice procedures that are reasonably calculated to provide notice to property owners and other affected ...
36.70A.040 Who must plan -- Summary of requirements -- Development regulations must implement comprehensive plans
(1) Each county that has both a population of fifty thousand or more and, until May 16, 1995, has had its population increase by more ...
36.70A.045 Phasing of comprehensive plan submittal
The department may adopt a schedule to permit phasing of comprehensive plan submittal for counties and cities planning under RCW 36.70A.040. This schedule shall not ...
36.70A.050 Guidelines to classify agriculture, forest, and mineral lands and critical areas
(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, to ...
36.70A.060 Natural resource lands and critical areas -- Development regulations
(1)(a) Except as provided in *RCW 36.70A.1701, each county that is required or chooses to plan under RCW 36.70A.040, and each city within such county, ...
36.70A.070 Comprehensive plans -- Mandatory elements
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, ...
36.70A.080 Comprehensive plans -- Optional elements
(1) A comprehensive plan may include additional elements, items, or studies dealing with other subjects relating to the physical development within its jurisdiction, including, but ...
36.70A.090 Comprehensive plans -- Innovative techniques
A comprehensive plan should provide for innovative land use management techniques, including, but not limited to, density bonuses, cluster housing, planned unit developments, and the ...
36.70A.100 Comprehensive plans--Must be coordinated
The comprehensive plan of each county or city that is adopted pursuant to RCW 36.70A.040 shall be coordinated with, and consistent with, the comprehensive plans ...
36.70A.103 State agencies required to comply with comprehensive plans
State agencies shall comply with the local comprehensive plans and development regulations and amendments thereto adopted pursuant to this chapter except as otherwise provided in ...
36.70A.106 Comprehensive plans -- Development regulations -- Transmittal to state -- Amendments -- Expedited review
(1) Each county and city proposing adoption of a comprehensive plan or development regulations under this chapter shall notify the department of its intent to ...
36.70A.108 Comprehensive plans -- Transportation element -- Multimodal transportation improvements and strategies
(1) The transportation element required by RCW 36.70A.070 may include, in addition to improvements or strategies to accommodate the impacts of development authorized under RCW ...
36.70A.110 Comprehensive plans -- Urban growth areas
(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 ...
36.70A.115 Comprehensive plans and development regulations must provide sufficient land capacity for development
Counties and cities that are required or choose to plan under RCW 36.70A.040 shall ensure that, taken collectively, adoption of and amendments to their comprehensive ...
36.70A.120 Planning activities and capital budget decisions -- Implementation in conformity with comprehensive plan
Each county and city that is required or chooses to plan under RCW 36.70A.040 shall perform its activities and make capital budget decisions in conformity ...
36.70A.130 Comprehensive plans -- Review procedures and schedules -- Amendments
(1)(a) Each comprehensive land use plan and development regulations shall be subject to continuing review and evaluation by the county or city that adopted them. ...
36.70A.131 Mineral resource lands -- Review of related designations and development regulations
As part of the review required by RCW 36.70A.130(1), a county or city shall review its mineral resource lands designations adopted pursuant to RCW 36.70A.170 ...
36.70A.140 Comprehensive plans -- Ensure public participation
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 ...
36.70A.150 Identification of lands useful for public purposes
Each county and city that is required or chooses to prepare a comprehensive land use plan under RCW 36.70A.040 shall identify lands useful for public ...
36.70A.160 Identification of open space corridors -- Purchase authorized
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 ...
36.70A.165 Property designated as greenbelt or open space -- Not subject to adverse possession
The legislature recognizes that the preservation of urban greenbelts is an integral part of comprehensive growth management in Washington. The legislature further recognizes that certain ...
36.70A.170 Natural resource lands and critical areas -- Designations
(1) On or before September 1, 1991, each county, and each city, shall designate where appropriate: (a) Agricultural lands that are not already characterized by ...
36.70A.171 Playing fields -- Compliance with this chapter
In accordance with RCW 36.70A.030, 36.70A.060, *36.70A.1701, and 36.70A.130, playing fields and supporting facilities existing before July 1, 2004, on designated recreational lands shall be ...
36.70A.172 Critical areas -- Designation and protection -- Best available science to be used
(1) In designating and protecting critical areas under this chapter, counties and cities shall include the best available science in developing policies and development regulations ...
36.70A.175 Wetlands to be delineated in accordance with manual
Wetlands regulated under development regulations adopted pursuant to this chapter shall be delineated in accordance with the manual adopted by the department pursuant to RCW ...
36.70A.177 Agricultural lands -- Innovative zoning techniques -- Accessory uses
(1) A county or a city may use a variety of innovative zoning techniques in areas designated as agricultural lands of long-term commercial significance under ...
36.70A.180 Report on planning progress
(1) It is the intent of the legislature that counties and cities required to adopt a comprehensive plan under RCW 36.70A.040(1) begin implementing this chapter ...
36.70A.190 Technical assistance, procedural criteria, grants, and mediation services
(1) The department shall establish a program of technical and financial assistance and incentives to counties and cities to encourage and facilitate the adoption and ...
36.70A.200 Siting of essential public facilities -- Limitation on liability
(1) The comprehensive plan of each county and city that is planning under RCW 36.70A.040 shall include a process for identifying and siting essential public ...
36.70A.210 County-wide planning policies
(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. ...
36.70A.215 Review and evaluation program
(1) Subject to the limitations in subsection (7) of this section, a county shall adopt, in consultation with its cities, county-wide planning policies to establish ...
36.70A.250 Growth management hearings boards
(1) There are hereby created three growth management hearings boards for the state of Washington. The boards shall be established as follows: (a) An Eastern ...
36.70A.260 Growth management hearings boards -- Qualifications
(1) Each growth management hearings board shall consist of three members qualified by experience or training in matters pertaining to land use planning and residing ...
36.70A.270 Growth management hearings boards -- Conduct, procedure, and compensation
Each growth management hearings board shall be governed by the following rules on conduct and procedure: (1) Any board member may be removed for inefficiency, ...
36.70A.280 Matters subject to board review
(1) A growth management hearings board shall hear and determine only those petitions alleging either: (a) That, except as provided otherwise by this subsection, a ...
36.70A.290 Petitions to growth management hearings boards -- Evidence
(1) All requests for review to a growth management hearings board shall be initiated by filing a petition that includes a detailed statement of issues ...
36.70A.295 Direct judicial review
(1) The superior court may directly review a petition for review filed under RCW 36.70A.290 if all parties to the proceeding before the board have ...
36.70A.300 Final orders
(1) The board shall issue a final order that shall be based exclusively on whether or not a state agency, county, or city is in ...
36.70A.302 Determination of invalidity -- Vesting of development permits -- Interim controls
(1) A board may determine that part or all of a comprehensive plan or development regulations are invalid if the board: (a) Makes a finding ...
36.70A.305 Expedited review
The court shall provide expedited review of a determination of invalidity or an order effectuating a determination of invalidity made or issued under *RCW 36.70A.300. ...
36.70A.310 Limitations on appeal by the state
A request for review by the state to a growth management hearings board may be made only by the governor, or with the governor's consent ...
36.70A.320 Presumption of validity -- Burden of proof -- Plans and regulations
(1) Except as provided in subsection (5) of this section, comprehensive plans and development regulations, and amendments thereto, adopted under this chapter are presumed valid ...
36.70A.3201 Intent -- Finding -- 1997 c 429 § 20(3)
In amending RCW 36.70A.320(3) by section 20(3), chapter 429, Laws of 1997, the legislature intends that the boards apply a more deferential standard of review ...
36.70A.330 Noncompliance
(1) After the time set for complying with the requirements of this chapter under RCW 36.70A.300(3)(b) has expired, or at an earlier time upon the ...
36.70A.335 Order of invalidity issued before July 27, 1997
A county or city subject to an order of invalidity issued before July 27, 1997, by motion may request the board to review the order ...
36.70A.340 Noncompliance and sanctions
Upon receipt from the board of a finding that a state agency, county, or city is in noncompliance under RCW 36.70A.330, or as a result ...
36.70A.345 Sanctions
The governor may impose a sanction or sanctions specified under RCW 36.70A.340 on: (1) A county or city that fails to designate critical areas, agricultural ...
36.70A.350 New fully contained communities
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 ...
36.70A.360 Master planned resorts
(1) Counties that are required or choose to plan under RCW 36.70A.040 may permit master planned resorts which may constitute urban growth outside of urban ...
36.70A.362 Master planned resorts -- Existing resort may be included
Counties that are required or choose to plan under RCW 36.70A.040 may include existing resorts as master planned resorts which may constitute urban growth outside ...
36.70A.365 Major industrial developments
A county required or choosing to plan under RCW 36.70A.040 may establish, in consultation with cities consistent with provisions of RCW 36.70A.210, a process for ...
36.70A.367 Major industrial developments -- Master planned locations
(1) In addition to the major industrial development allowed under RCW 36.70A.365, a county planning under RCW 36.70A.040 that meets the criteria in subsection (5) ...
36.70A.368 Major industrial developments -- Master planned locations -- Reclaimed surface coal mine sites
(1) In addition to the major industrial development allowed under RCW 36.70A.365 and 36.70A.367, a county planning under RCW 36.70A.040 that meets the criteria in ...
36.70A.370 Protection of private property
(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 ...
36.70A.380 Extension of designation date
The department may extend the date by which a county or city is required to designate agricultural lands, forest lands, mineral resource lands, and critical ...
36.70A.385 Environmental planning pilot projects
(1) The legislature intends to determine whether the environmental review process mandated under chapter 43.21C RCW may be enhanced and simplified, and coordination improved, when ...
36.70A.390 Moratoria, interim zoning controls -- Public hearing -- Limitation on length -- Exceptions
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 ...
36.70A.400 Accessory apartments
Any local government, as defined in RCW 43.63A.215, that is planning under this chapter shall comply with RCW 43.63A.215(3).[1993 c 478 § 11.] ...
36.70A.410 Treatment of residential structures occupied by persons with handicaps
No county or city that plans or elects to plan under this chapter may enact or maintain an ordinance, development regulation, zoning regulation or official ...
36.70A.420 Transportation projects -- Findings -- Intent
The legislature recognizes that there are major transportation projects that affect multiple jurisdictions as to economic development, fiscal influence, environmental consequences, land use implications, and ...
36.70A.430 Transportation projects -- Collaborative review process
For counties engaged in planning under this chapter, there shall be established by December 31, 1994, a collaborative process to review and coordinate state and ...
36.70A.450 Family day-care provider's home facility -- County or city may not prohibit in residential or commercial area -- Conditions
(1) Except as provided in subsections (2) and (3) of this section, no county or city may enact, enforce, or maintain an ordinance, development regulation, ...
36.70A.460 Watershed restoration projects -- Permit processing -- Fish habitat enhancement project
A permit required under this chapter for a watershed restoration project as defined in RCW 89.08.460 shall be processed in compliance with RCW 89.08.450 through ...
36.70A.470 Project review -- Amendment suggestion procedure -- Definitions
(1) Project review, which shall be conducted pursuant to the provisions of chapter 36.70B RCW, shall be used to make individual project decisions, not land ...
36.70A.480 Shorelines of the state
(1) For shorelines of the state, the goals and policies of the shoreline management act as set forth in RCW 90.58.020 are added as one ...
36.70A.481 Construction -- Chapter 347, Laws of 1995
Nothing in RCW 36.70A.480 shall be construed to authorize a county or city to adopt regulations applicable to shorelands as defined in RCW 90.58.030 that ...
36.70A.490 Growth management planning and environmental review fund -- Established
The growth management planning and environmental review fund is hereby established in the state treasury. Moneys may be placed in the fund from the proceeds ...
36.70A.500 Growth management planning and environmental review fund -- Awarding of grants -- Procedures
(1) The department of community, trade, and economic development shall provide management services for the fund created by RCW 36.70A.490. The department shall establish procedures ...
36.70A.510 General aviation airports
Adoption and amendment of comprehensive plan provisions and development regulations under this chapter affecting a general aviation airport are subject to RCW 36.70.547.[1996 c 239 ...
36.70A.520 National historic towns -- Designation
Counties that are required or choose to plan under RCW 36.70A.040 may authorize and designate national historic towns that may constitute urban growth outside of ...
36.70A.530 Land use development incompatible with military installation not allowed -- Revision of comprehensive plans and development regulations
(1) Military installations are of particular importance to the economic health of the state of Washington and it is a priority of the state to ...
36.70A.540 Affordable housing incentive programs -- Low-income housing units
(1)(a) Any city or county planning under RCW 36.70A.040 may enact or expand affordable housing incentive programs providing for the development of low-income housing units ...
36.70A.550 Aquifer conservation zones
(1) Any city coterminous with, and comprised only of, an island that relies solely on groundwater aquifers for its potable water source and does not ...
36.70A.560 Viability of agricultural lands -- Deferral requirements -- Definition
(1) For the period beginning May 1, 2007, and concluding July 1, 2010, counties and cities may not amend or adopt critical area ordinances under ...
36.70A.5601 Viability of agricultural lands -- Ruckelshaus Center examination, report
(1) Subject to the availability of amounts appropriated for this specific purpose, the William D. Ruckelshaus Center must conduct an examination of the conflicts between ...
36.70A.570 Regulation of forest practices
(1) Each county, city, and town assuming regulation of forest practices as provided in RCW 76.09.240 (1) and (2) shall adopt development regulations that: (a) ...
36.70A.580 Climate change mitigation -- Advisory methodologies, computer programs, and estimates -- Vehicle miles traveled
(1) The department must develop and provide to counties and cities a range of advisory climate change response methodologies, a computer modeling program, and estimates ...
36.70A.5801 Global warming mitigation and adaptation program -- Report
(1) A local government global warming mitigation and adaptation program is established. The program must be administered by the department of community, trade, and economic ...
36.70A.800 Role of growth strategies commission
The growth strategies commission created by executive order shall: (1) Analyze different methods for assuring that county and city comprehensive plans adopted under chapter 36.70A ...
36.70A.900 Severability -- 1990 1st ex.s. c 17
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 ...
36.70A.901 Part, section headings not law -- 1990 1st ex.s. c 17
Part and section headings as used in this act do not constitute any part of the law.[1990 1st ex.s. c 17 § 89.] ...
36.70A.902 Section headings not law -- 1991 sp.s. c 32
Section headings as used in this act do not constitute any part of the law.[1991 sp.s. c 32 § 40.] ...

Last modified: April 7, 2009