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