2nd Draft
Project Review and Environmental Analysis Advisory Committee Charter
Introduction
The Land Use Study Commission has determined that a consolidated land use code should lead to efficiencies in administration of land use laws and effectiveness in environmental protection. The Legislature has also made extensive suggestions on how the consolidate land use code impact project review. The Commission's Enabling Statute provides that the Commission shall:
(3) Draft a consolidated land use procedure, following these guidelines:
(a) Conduct land use planning through the comprehensive planning process under chapter 36.70A RCW rather than through review of individual projects;
(b) Involve diverse sectors of the public in the planning process. Early and informal environmental analysis should be incorporated into planning and decision making;
(c) Recognize that different questions need to be answered and different levels of detail applied at each planning phase, from the initial development of plan concepts or plan elements to implementation programs;
(d) Integrate and combine to the fullest extent possible the processes, analysis, and documents currently required under chapters 36.70A and 43.21C RCW, so that subsequent plan decisions and subsequent implementation will incorporate measures to promote the environmental, economic, and other goals and to mitigate undesirable or unintended adverse impacts on a community's quality of life;
(e) Focus environmental review and the level of detail needed for different stages of plan and project decisions on the environmental considerations most relevant to that stage of the process;
(f) Avoid duplicating review that has occurred for plan decisions when specific projects are proposed;
(g) Use environmental review on projects to: (i) Review and document consistency with comprehensive plans and development regulations; (ii) provide prompt and coordinated review by agencies, tribes, and the public on compliance with applicable environmental laws and plans, including mitigation for site specific project impacts that have not been considered and addressed at the plan or development regulation level; and (iii) ensure accountability by local government to applicants and the public for requiring and implementing mitigation measures;
(h) Maintain or improve the quality of environmental analysis both for plan and for project decisions, while integrating these analyses with improved state and local planning and permitting processes;
(i) Examine existing land use and environmental permits for necessity and utility. To the extent possible, existing permits should be combined into fewer permits, assuring that the values and principles intended to be protected by those permits remain protected; and
(j) Consolidate local government appeal processes to allow a single appeal of permits at local government levels, a single state level administrative appeal, and a final judicial appeal.
Environmental analysis is one of the critical components of the project review process under the current project review process. The Project Review Advisory Committee shall consider how to better integrate environmental analysis into the project review process and assure that environmental analysis conducted during planning is relied upon to the extent justified in the project review process.
The Legislature has adopted a number of different statutes authorizing state and local governments to regulate different types of activities. In addition, the Legislature has also provided a variety of process requirements to assure that state agencies and local governments review projects in a timely manner that is consistent with state policy and fair to the applicant and the public. The Project Review Advisory Committee shall consider the more general process that applies to project review generally as well as ways to reduce the number of different processes and permits that are necessary.
Advisory Committee Responsibilities
The Project Review Advisory Committee shall use the following principles in developing its recommendations.
| To the greatest extent possible environmental analysis shall be made an integral part of each step in the planning and project review process. The appropriate degree of environmental analysis should be conducted at each stage of the planning and project review process. | |
| Comprehensive plans adopted under the GMA and development regulations adopted under the GMA and other laws that have been subject to environmental analysis should be relied on during project review. | |
| Environmental analysis at the project review stage should not be used as a substitute for more thorough analysis at the planning stage. | |
| The project review process should be designed to allow decisions should be made in a timely manner, but should also recognize the differences type and complexity of proposals. The process should be designed to lead to consistent application to similar proposals, but also be flexible enough to allow for individual circumstances. | |
| Project review must provide and enhance opportunities for meaningful public participation. | |
| Project review should result in permit conditions that contain clear requirements that are easy to comply with and straightforward to enforce. It should encourage use of performance based standards where appropriate. | |
| The project review process should reduce or eliminate duplicate processes. | |
| Project review processes should include a monitoring and evaluation component that can be used both to assure compliance with project conditions and to assist in evaluation of planning policies. | |
| The advisory committee shall specifically consider the following issues in its deliberations: |
| No change ESHB 1724 made the changes necessary to integrate permit processes at the local government level | |
| Use adopted development regulations to serve as mitigation for the impacts of development in place of mitigation that is required under SEPA | |
| Are the subdivision statutes effective in achieving the GMA objectives | |
| Are planned actions being used successfully and should they be expanded to include additional types of projects? | |
| What steps should be taken to consolidate state permit processes in a manner similar to and consistent with the consolidation that has occurred with local permit processes? |
Advisory Committee Membership Interests
Project Review Advisory Committee |
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| Cities Counties Tribes |
Neighborhoods Business Developers |
State Agencies Planning Directors Environmental |
Planning Professionals Agriculture Public Interest |