Land Use Study Commission
1996 Annual Report
Summary of Recommendations

1. Report Themes

Create certainty
Provide for flexibility and equity
Improve the dispute resolution process
Build on the momentum that has developed

2. GMA Requirements

Public Participation
Improve notice to those affected by comprehensive plan and development regulation amendments
Assure an opportunity for public comment on substantial changes to comprehensive plans and development regulations
Provide technical assistance to communities to assist in the development of comprehensive plans
Monitoring and Evaluation of GMA Progress
Require larger and faster growing western Washington counties and cities to develop monitoring and evaluation programs to determine GMA progress and to take action if necessary to achieve GMA goals
Rural Lands
Local governments are responsible for making decisions affecting their communities, within the state framework established in the GMA
Add definitions of "rural character", "rural governmental services", and "rural development", but recognize counties authority to tailor rural character to their specific circumstances
Provide additional guidance on what types of development are appropriate in the rural area
Counties may allow certain types of more intensive rural development, including: infill of existing shoreline developments, villages, and crossroads developments; small-scale tourist or recreational facilities; and continuation or expansion of existing isolated non-residential uses
Agricultural Lands
Allow a variety of innovative zoning techniques in designated agricultural areas that will allow some residential and non-agricultural uses
Expand the open-space and agricultural property tax programs to cover any land that is zoned agricultural under a GMA comprehensive plan
Change assessment practices on designated agricultural land to exclude sales for development purposes

 

3. Hearings Boards and Review of Local Government Decisions under GMA

Standard of Review
Change the standard of review to "clearly erroneous"
Intent section to clearly state greater deference is to be given to local decisions
Invalidity
Clarify the types of development activity affected by an order of invalidity
Clarify the standard that a local government must meet to have an order of invalidity lifted
Allow a county to take interim actions to resolve immediate problems
Dispute Resolution
Allow a Board to extend time to issue a decision when the parties are in negotiations
Allow flexibility in the compliance process
Require the boards to follow Administrative Procedure Act provisions governing use of materials not in the record and contact with the parties
Require the boards to limit decisions to issues raised by the parties
Support grant funds to encourage more mediation of disputes
Direct Review by Superior Court
Allow parties to agree to have a case heard by the Superior Court without review by the Board

4. Incentives

Annexations within Urban Growth Areas
Simplify the process for cities to annex "islands" and other adjacent areas within UGAs
Set the same standards for annexations by code cities and charter cities
Capital Facilities Finance
Allow a shift of a portion of the state sales tax on new construction to counties and cities planning under GMA to finance GMA capital facilities elements
Integrated Planning Grants
Continue the existing state grant program funding integrated planning and environmental review projects.
Focus the grants on projects designed to achieve regulatory reform objectives.
Encourage cooperation among state agencies in the grant program
Project Permit Review Assistance
Direct the Permit Assistance Center in Ecology to collect and disseminate information on local programs that make use of professional expertise in the project review process