Washington State
Land Use Study Commission

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1995 Annual Report

Table of Contents

I. Introduction
II. Commission Membership
III. First Meeting
IV. Statutory Duties
V. Study of Funding Integrated Planning
VI. Study of Impact of Vesting During the Appeal of Comprehensive Plans and Development Regulations
Appendices

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I. Introduction

The Land Use Study Commission was established by Ch. 347, Laws of 1995 (ESHB 1724). The 14-member Commission was established with the overall mission to "integrat[e] and consolidat[e]" ... the state's land use and environmental laws into a single manageable statute." §801, Ch. 347, L.1995.

The legislation creating the Commission was effective June 1 1995. The Governor announced the appointment of the Commission members on September 28, 1995.

The Legislature has asked the Commission to submit a report to the Governor and the Legislature stating its findings, conclusions and recommendations not later than November 1 of each year. Two studies are due in the Commission's November 1995 report. The final report is due by November 1, 1997. The Commission is scheduled to go out of existence on June 30, 1998.

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II. Commission Membership

The Commission is made up of 14 members, eleven of whom are appointed by the Governor. The membership represents a cross-section of those interested in land use issues, including business, agriculture, labor, environmental and neighborhood activists, local and state governments, the tribes, and the general public. Three additional members are the directors of the Departments of Ecology, Transportation, and Community, Trade, and Economic Development (CTED), or their designees. The director of CTED or his designee is the chair of the Commission. Mike Fitzgerald, Director of CTED, has appointed land use attorney T. Ryan Durkan of the Seattle law firm Hillis, Clark, Martin & Peterson, as his designee.

Members of the panel appointed by the governor include: Kitsap County Commissioner Phil Best, of Bremerton; Spokane activist Sheila Collins; Tom Campbell, Assistant Director of Policy & Program for CTED; Keith Dearborn a partner with the Seattle law firm Bogel & Gates; Kathy Dietrich, a Vancouver architect; Loren Dunn, an environmental attorney with the Seattle law firm of Riddell, Williams, Bullitt & Walkinshaw; Everett Mayor Ed Hansen; John Herrick, of Bellevue; David Moseley, Ellensburg City Manager; Kimberly Ordon, a policy analyst for the Natural Resources Department of Tulalip Tribes in Marysville; David Roseberry, a wheat farmer and President of the Washington Association of Wheat Growers.

Skip Burch, Dept. of Transportation, and Terry Husseman, Deputy Director of the Dept. of Ecology, were appointed by their respective directors to represent their agencies.

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III. First Meeting

The Commission held its first meeting October 3, 1995 at the Puget Sound Regional Council in Seattle. The Commission members introduced themselves, heard from members of the Governor's Task Force on Regulatory Reform, and discussed the issues it had been asked to review for the November 1, 1995 report.

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IV. Statutory Duties

The Commission is directed to report to the Legislature each November. These reports are to include recommendations based on its ongoing work. The Commission is specifically asked to look at the following issues:
Monitor implementation of the GMA, the 1995 amendments to the GMA, and the integration of the GMA with other environmental statutes.
Develop a comprehensive state land use procedure combining SEPA, GMA, SMA, and other environmental, land use, and planning statutes.
Monitor local government permit processes.
Evaluate the potential for professional certification of compliance of development projects with land use plans and regulations.

In addition, the Commission may take on other studies that it believes are appropriate.

The Legislature also asked the Commission to address two specific issues in its November 1995 report. One is a study of methods to fund comprehensive plans that integrate environmental review. The other is a study of the impact of vesting while a comprehensive plan or development regulation is on appeal to a Growth Management Hearings Board. The Commission determined that it has insufficient information to develop a meaningful report at this time. However, each task was discussed and a general approach developed for tackling these issues as discussed below.

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V. Study of Funding Integrated Planning

At its October 3, 1995 meeting, the Commission established an advisory committee to examine the financing issue and make recommendations to the full Commission. Commissioner Phil Best, Loren Dunn, and Mayor Ed Hansen agreed to sit on the subcommittee. Additional representation from other interest groups will be sought from outside the Commission to assist in this review.

The Commission posed a series of questions for the committee to consider as it undertakes its review.
What type of land use, environmental, or infrastructure planning is taking place now? By whom? Under what authority? What is the scope and scale? To what degree is it duplicative?
What financial resources are available for this planning?
What are the other options for funding an integrated planning process? What are the advantages and limitations of these options?
How much is currently being spent on preparing environmental documents? By public entities? By private?
How much is needed to satisfy the demands for integrated planning?
How can fees for the cost of integrated planning be equitably assessed? Are there some who should not be required to pay? How can a project applicant be assured that he or she is getting his or her money's worth? What portion of the costs of planning should be absorbed by the community as a whole?

The advisory committee will develop a draft workplan for the Commission's consideration at its next meeting.

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VI. Study of Impact of Vesting During the Appeal of Comprehensive Plans and Development Regulations

The 1995 Legislature directed the Commission to study the impact of vesting of development projects that account while a comprehensive plan or development regulation is on appeal. The Commission considered this issue at its October 3, 1995 meeting. It directed staff to work with local governments and the Growth Management Hearings Boards to develop the information requested.

The Commission concluded that there has been insufficient activity under the 1995 changes to the GMA to provide any meaningful information this year. The Commission will address this issue in its November 1996 report.

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Appendices:

  1. Sections 801-806, ESHB 1724
  2. Governor's Press Release announcing appointment of Land Use Study Commission

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Community, Trade, and Economic Development


Please send any comments or suggestions regarding this site to landuse@cted.wa.gov .

906 Columbia Street SW P.O. Box 48300 Olympia, WA 98504-8300
voice: (360) 586-1274  * fax (360) 753-2950  * email: landuse@cted.wa.gov


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Last Updated: 6/27/96