The Commission was established by the Legislature in 1995 to develop a consolidated land use code, described by the Legislature as the integration and consolidation of the Washingtonís land use and environmental laws into a "single manageable statute." The reasons for developing a consolidated land use code are numerous.
Governor Locke succinctly stated the benefits of a consolidated land use code in his Executive Order extending the Land Use Study Commission.4 He identified five benefits:
Protecting and Enhancing Environmental Protection
Over the last thirty years, the Legislature has adopted many new laws designed to protect or address specific environmental concerns. These laws have generally been added to the existing array of statutes, rather than replacing them. This has resulted in a complicated layer of regulatory provisions that can be difficult to unravel. The statutes have different policies and goals because they have been adopted for different purposes. They impose different requirements on governmental agencies and the public that may duplicate or conflict with requirements of other statutes. This makes implementation and enforcement difficult and can adversely affect the success of the statute in achieving its objectives.
By eliminating duplicate or conflicting provisions and clarifying the stateís goals and policies, a consolidated land use code will improve the ability of local and state governments to implement and enforce laws designed to protect the environment. Resources of all parties can be devoted to issues that are of greatest value to protecting the environment.
Improving Planning and Permitting
The Growth Management Act and subsequent legislation initiated a process that has led to improvements in the land use planning in Washington. By further coordinating the decisions and processes in the planning process with the permitting process, a consolidated land use code can result in a system that provides for better understanding of the environmental impacts of planning decisions and the cumulative environmental impacts of those decisions. At a time when significant population growth is projected for the state, being prepared to address this growth and its impacts in a methodical and consolidated manner will be important. At the same time, the project review process can be made more efficient by reforming those parts of the process that result in duplication of effort. Cost savings in the permit process can also assist in meeting housing affordability goals.
Improving Intergovernmental Coordination
The land use and environmental regulatory system requires a partnership between a wide array of governmental entities. Local, state, tribal, and federal governments all have an interest in the system. State and federal laws assign authority to the different levels of government for implementation. If governments act independently of each other, they can duplicate or counteract the efforts of others. A consolidated land use code can clarify the responsibilities of different levels of government resulting in more efficient use of public resources and a better implementation of state and federal law. More even distribution of economic development could be addressed, as could matching state resources to areas planned for growth.
Public participation and approval of land use and environmental decisions is essential to a well functioning system. Public participation provides a barometer of the publicís views. Public participation also acts as the conscience of the community. Public approval is also important to an efficient permitting system. Public opposition to a project results in delays that add to costs and frustration on all sides. Meaningful public participation should be a fundamental principle of a consolidated land use code. One of the chief obstacles to public participation is the time and energy required for members of the public to attend hearings and meetings and to know who will be making critical decisions. A consolidated land use code that simplifies the land use decision making process and that provides clear guidelines on when decisions will be made will enhance public participation.
Responding to the Endangered Species Act
In early 1999, several salmon runs likely will be placed on the list of threatened or endangered species under the federal Endangered Species Act, adding to those that have already been listed. Significant portions of Washington, including many of its most populous areas, will be affected by the listings. The Washington State Joint Natural Resources Cabinet released its first working draft of a statewide strategy to recover salmon on September 25, 1998. The working draft addresses issues involving water resources, land use, habitat, and stormwater. There is a strong likelihood that the final strategy proposed by the Governor to the National Marine Fisheries Service will have wide ranging impacts on many of the Washingtonís land use and environmental laws. A consolidated land use code, through improved enforcement and better use of scarce state and local resources, can serve as an important component of a recovery strategy.
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