Growth Management Act Administrative Guidelines Update
On January 19, 2010, the Department of Commerce (Commerce) adopted a comprehensive review and update of the administrative rules guiding implementation of the Growth Management Act. The final rules take effect on February 19, 2010, thirty-one days after filing.
The final rules are the result of a 2 1/2 year effort to review and update the rules, originally adopted in 1992. In 2007, Commerce began its scoping process, and preliminary draft rules were distributed for comment in 2008. Commerce released the proposed rules for public comment in July 2009.
The updated rules include WAC Chapters 365-190, 365-195 and 365-196. To view the final rules, select the link below:
Chapter 365-190 WAC - Minimum Guidelines to Classify Agricultural, Forest and Mineral Resource Lands and Critical Areas.
Chapter 365-195 WAC - Renaming the chapter "Best Available Science" (formerly Part Nine) and repealer for the rest of the original Procedural Criteria (Part One through Part Eight).
Chapter 365-196 WAC - Procedural Criteria for Adopting Comprehensive Plans and Development Regulations Under the Growth Management Act.
Click here to view a cross-reference table comparing the original WAC and the updated WAC.
When do the adopted rules take effect?
The new rules take effect on February 19, 2010. Notice will be published in the Washington State Register on February 3, 2010 (WSR 10-03-085).
Where can I view an explanation of final changes and responses to public comments on the proposed rule?
Click here to view the Concise Explanatory Statement and Responsiveness Summary.
The Concise Explanatory Statement contains:
- A description of the overall purpose for adopting the rules and the major issues addressed;
- A summary of all comments received on the proposed rules the departments responses; and
- A description of all differences, other than editing changes, between the proposed rules to the adopted rules.
What’s Next?
In Spring 2010, Commerce will request public input on additional changes to WAC that are intended to implement legislative changes enacted by the legislature in the 2009 and 2010 Legislatives Sessions.
Commerce has identified three GMA topics to address in this next round of WAC updates:
- Implementation of 2009 amendments to RCW 36.70A.110 governing urban growth area expansions into floodplains.
- Implementation of 2009 amendments to RCW 36.70A.115 regarding land capacity for public facilities.
- Implementation of 2009 amendments to RCW 36.70A.540 regarding affordable housing incentives.
In addition to legislative changes outlined above, Commerce will request public input on new draft of WAC 365-196-870 Affordable Housing Incentives. Commerce intends to take public comment on revisions to address comments on the proposed rule released in August 2009.
Communication
Commerce will continue to communicate with stakeholders primarily through the WAC Update Listserv e-mail distribution list, as well update posted on this web page. Please click here to subscribe to the WAC Update ListServ.