2009 legislation directed Commerce to adopt a rule to facilitate transactions between buyers and sellers of TDRs. A new chapter, WAC 365-198, provides an alternative to an interlocal agreement to cities and counties participating in the regional transfer of development rights (TDR) program for Central Puget Sound. The rule would provide terms and conditions that they may adopt by reference in lieu of an interlocal agreement to transfer development rights. The rule is intended to facilitate participation by cities and counties in the TDR program. The rule is strictly voluntary.

 

The rule directs Commerce to develop a template for ordinances or resolutions adopting the rule by reference.  Templates are provided for cities and counties:

·         City template

·         County template

 

 

 

Commerce commenced the rulemaking by filing a Preproposal Statement of Inquiry (notice of intent to commence rulemaking) with the Washington State Code Reviser that was published in the Washington State Register on December 16, 2009. Commerce convened a committee of interested cities and counties to assist in the development of the draft rule.

 

Commerce filed the draft rule for publication on June 2, 2010.  The public hearing to take testimony on the rule was July 14, 2010 from 10:00 a.m. to 12:00 p.m., at the Puget Sound Regional Council, 1011 Western Avenue, Suite 500, Central Meeting Room, Seattle, WA 98104.  Written comments on the rule were due to Heather Ballash at Department of Commerce by 5:00 p.m. on July 22, 2010.

 

For a Concise Explanatory Statement describing the rulemaking process, comments received on the draft rule by Commerce, and Commerce’s responses to the comments, click here.

 

For information about the meetings of the advisory committee and the rulemaking process, please contact Heather Ballash at (360) 725-3044 or heather.ballash@commerce.wa.gov.