Commerce is updating its administrative guidelines implementing the Growth Management Act (GMA), codified under the Washington Administrative Code (WAC). The proposed rule is a comprehensive review and update of the two rules governing the implementation of the GMA. These rules were first adopted in 1992 and had not been updated since. Scoping started in 2007. A preliminary draft was open for comment in 2008. The proposed rule was released for comment in August, 2009.

 

On October 2 the comment period on the proposed rule closed. During the comment period, participants downloaded the proposed rule from the Commerce web site over 7,000 times. Commerce received 300 comments on the proposed rule. Three public hearings were held throughout the state. Thirty-one participants attended the hearings.

 

The final rule will be adopted in December and takes effect 31 days after adoption. We are in the process now of reviewing comments, reviewing the final rule preparing for adoption.  The Washington Administrative Procedures Act requires a final document, called the Concise Explanatory Statement contains three parts:

 

1.      a description of the overall purpose and the major issues in the adopted rule;

2.      a description of all changes from the proposed rule to the adopted rule; and 

3.      responses to the comments received on the proposed rule.

 

 

On July 22, 2009, Commerce filed the proposed rules updating the administrative guidance for the GMA.

 

The proposed rules address several statutory amendments to the GMA (chapter 36.70A RCW), and they revise recommendations regarding county and city implementation of the act. 

 

• Chapter 365-190 WAC   Minimum guidelines to classify agriculture, forest, mineral lands and critical areas.
• Chapter 365-195 WAC   (Formerly) Procedural criteria for adopting comprehensive plans and development regulations.
• NEW Chapter 365-196 WAC  Procedural criteria for adopting comprehensive plans and development regulations.
• Proposed WAC Cross-Reference Index   This provides a section-by-section table to compare the proposed WAC with the preliminary draft and existing rule.
• Response to Comments on the Preliminary Draft   This is a summary report of the comments received, and responses provided, on the preliminary draft rules.