Table of Contents

Preface

Chapter 1 Introduction

Chapter 2 Summary of Recommendations

Overall Recommendation

Governance

Planning

Environmental Review and Permitting

Essential Public Facilities

Appeals and Judicial Review

Enforcement

Funding

Impact of Vesting During Appeals

Chapter 3 Where We Are

Pre-GMA Legislation

Growth Management Act

Regulatory Reform

Growth Management Act Refinements

ESA and Salmon Listings

Chapter 4 Benefits of a Consolidated Land Use Code

Protecting and Enhancing Environmental Protection

Improving Planning and Permitting

Improving Intergovernmental Coordination

Improving Public Involvement

Responding to the Endangered Species Act

Chapter 5 Consolidated Land Use Code

Issue Statement

Background

Discussion


Structure of the Code.


Principles


Statutes Included in Consolidated Land Use Code

Options


Status Quo


Staged Consolidation


Consolidation in a Single Step

Recommendation

Chapter 6 Subjects for Further Consideration

Chapter 7 Governance

Issue Statement

Background


Governance


State and Local Relationships


Regional Issues

Discussion


Types of Governmental Interests


Coordinated Decision Making


Coordinated Decision Making For Project Decisions


Coordinated Decision Making for Rule or Policy Development

Options


Intergovernmental Coordinating Council


Regional Coordinated Decision Making Process


Alternative Dispute Resolution

Recommendations

Chapter 8 Planning

Issue Statement

Background


State Agency Coordination


Planning Enabling Statutes


Relationship Between the SMA and the GMA

Discussion


State Agency Planning


Planning Enabling Statutes


GMA and SMA Planning

Options


State Planning


SMA and GMA Integration

Recommendations

Chapter 9 Environmental Review and Permitting

Issue Statement

State Environmental Policy Act


Local Government Permit Process


State and local permit coordination and integration

Discussion


Environmental Review


Local government permit process


State and local permit coordination and integration

Options


Threshold Determinations, SEPA, and GMA Integration


Environmental Review of Non-Project Actions


Permit Coordination and Consolidation

Recommendations

Chapter 10 Essential Public Facility Siting

Issue Statement

Background


Pre-GMA


State Siting Processes


GMA

Discussion

Options

Recommendations

Chapter 11 Appeals and Judicial Review

Issue Statement

Background

Discussion

Options


Status Quo


Eliminate SHB de novo Review For Some Decisions


Unified Hearings Board


State Land Use Court


Superior Court


Court of Appeals


Sunset Growth Management Hearings Boards

Recommendations

Chapter 12 Enforcement

Issue Statement

Background


Fines and Penalties


Third Party Enforcement


Natural Resource Damage Assessments


Dedicated Accounts

Discussion

Options


Civil Penalties


Natural Resource Damage Assessment


Place Penalties and Assessments in a Dedicated Fund


Third-Party Enforcement


Non-monetary and Non-punitive Enforcement Options

Recommendations

Chapter 13 Funding

Issue Statement

Background

Discussion

Options


Joint Economic Development Districts


Infrastructure Finance


Regional tax base sharing


Tax Increment Financing


Planning and Environmental Review Fund


Impact fees

Recommendations

Chapter 14 Study of the Impact of Vesting During GMHB Appeals

Issue Statement

Background


Vesting Law in Washington


Commission's Mandate


Vesting Study

Discussion

Recommendation

Chapter 15 Conclusion

Appendix A Background of the Commission

Establishment and Duties

Membership

1998 Meetings and Public Comment Opportunities

1998 Legislative Session

Appendix B Consolidated Land Use Code Factors

Appendix C Volunteers

Appendix D Summary of Public Comment on Draft Final Report

Appendix E Comment Letters on Draft Final Report

Land Use Study Commission Final Report
December 1998