The comprehensive plan of a county or city that is required or
chooses to plan under RCW 36.70A.040 shall consist of a map or
maps, and descriptive text covering objectives, principles, and
standards used to develop the comprehensive plan. The plan shall
be an internally consistent document and all elements shall be
consistent with the future land use map. A comprehensive plan
shall be adopted and amended with public participation as
provided in RCW 36.70A.140.
Each comprehensive plan shall include a plan, scheme, or
design for each of the following:
(1) A land use element designating the proposed general
distribution and general location and extent of the uses of land,
where appropriate, for agriculture, timber production, housing,
commerce, industry, recreation, open spaces, general aviation
airports, public utilities, public facilities, and other land
uses. The land use element shall include population densities,
building intensities, and estimates of future population growth.
The land use element shall provide for protection of the quality
and quantity of groundwater used for public water supplies.
Wherever possible, the land use element should consider utilizing
urban planning approaches that promote physical activity. Where
applicable, the land use element shall review drainage, flooding,
and storm water run-off in the area and nearby jurisdictions and
provide guidance for corrective actions to mitigate or cleanse
those discharges that pollute waters of the state, including
Puget Sound or waters entering Puget Sound.
(2) A housing element ensuring the vitality and character of
established residential neighborhoods that: (a) Includes an
inventory and analysis of existing and projected housing needs
that identifies the number of housing units necessary to manage
projected growth; (b) includes a statement of goals, policies,
objectives, and mandatory provisions for the preservation,
improvement, and development of housing, including single-family
residences; (c) identifies sufficient land for housing,
including, but not limited to, government-assisted housing,
housing for low-income families, manufactured housing,
multifamily housing, and group homes and foster care facilities;
and (d) makes adequate provisions for existing and projected
needs of all economic segments of the community.
(3) A capital facilities plan element consisting of: (a) An
inventory of existing capital facilities owned by public
entities, showing the locations and capacities of the capital
facilities; (b) a forecast of the future needs for such capital
facilities; (c) the proposed locations and capacities of expanded
or new capital facilities; (d) at least a six-year plan that will
finance such capital facilities within projected funding
capacities and clearly identifies sources of public money for
such purposes; and (e) a requirement to reassess the land use
element if probable funding falls short of meeting existing needs
and to ensure that the land use element, capital facilities plan
element, and financing plan within the capital facilities plan
element are coordinated and consistent. Park and recreation
facilities shall be included in the capital facilities plan
element.
(4) A utilities element consisting of the general location,
proposed location, and capacity of all existing and proposed
utilities, including, but not limited to, electrical lines,
telecommunication lines, and natural gas lines.
(5) Rural element. Counties shall include a rural element
including lands that are not designated for urban growth,
agriculture, forest, or mineral resources. The following
provisions shall apply to the rural element:
(a) Growth management act goals and local circumstances.
Because circumstances vary from county to county, in establishing
patterns of rural densities and uses, a county may consider local
circumstances, but shall develop a written record explaining how
the rural element harmonizes the planning goals in RCW 36.70A.020
and meets the requirements of this chapter.
(b) Rural development. The rural element shall permit rural
development, forestry, and agriculture in rural areas. The rural
element shall provide for a variety of rural densities, uses,
essential public facilities, and rural governmental services
needed to serve the permitted densities and uses. To achieve a
variety of rural densities and uses, counties may provide for
clustering, density transfer, design guidelines, conservation
easements, and other innovative techniques that will accommodate
appropriate rural densities and uses that are not characterized
by urban growth and that are consistent with rural character.
(c) Measures governing rural development. The rural element
shall include measures that apply to rural development and
protect the rural character of the area, as established by the
county, by:
(i) Containing or otherwise controlling rural development;
(ii) Assuring visual compatibility of rural development with
the surrounding rural area;
(iii) Reducing the inappropriate conversion of undeveloped
land into sprawling, low-density development in the rural area;
(iv) Protecting critical areas, as provided in RCW 36.70A.060, and surface water and groundwater resources; and
(v) Protecting against conflicts with the use of
agricultural, forest, and mineral resource lands designated under
RCW 36.70A.170.
(d) Limited areas of more intensive rural development.
Subject to the requirements of this subsection and except as
otherwise specifically provided in this subsection (5)(d), the
rural element may allow for limited areas of more intensive rural
development, including necessary public facilities and public
services to serve the limited area as follows:
(i) Rural development consisting of the infill, development,
or redevelopment of existing commercial, industrial, residential,
or mixed-use areas, whether characterized as shoreline
development, villages, hamlets, rural activity centers, or
crossroads developments.
(A) A commercial, industrial, residential, shoreline, or
mixed-use area shall be subject to the requirements of (d)(iv) of
this subsection, but shall not be subject to the requirements of
(c)(ii) and (iii) of this subsection.
(B) Any development or redevelopment other than an
industrial area or an industrial use within a mixed-use area or
an industrial area under this subsection (5)(d)(i) must be
principally designed to serve the existing and projected rural
population.
(C) Any development or redevelopment in terms of building
size, scale, use, or intensity shall be consistent with the
character of the existing areas. Development and redevelopment
may include changes in use from vacant land or a previously
existing use so long as the new use conforms to the requirements
of this subsection (5);
(ii) The intensification of development on lots containing,
or new development of, small-scale recreational or tourist uses,
including commercial facilities to serve those recreational or
tourist uses, that rely on a rural location and setting, but that
do not include new residential development. A small-scale
recreation or tourist use is not required to be principally
designed to serve the existing and projected rural population.
Public services and public facilities shall be limited to those
necessary to serve the recreation or tourist use and shall be
provided in a manner that does not permit low-density sprawl;
(iii) The intensification of development on lots containing
isolated nonresidential uses or new development of isolated
cottage industries and isolated small-scale businesses that are
not principally designed to serve the existing and projected
rural population and nonresidential uses, but do provide job
opportunities for rural residents. Rural counties may allow the
expansion of small-scale businesses as long as those small-scale
businesses conform with the rural character of the area as
defined by the local government according to *RCW 36.70A.030(14). Rural counties may also allow new small-scale
businesses to utilize a site previously occupied by an existing
business as long as the new small-scale business conforms to the
rural character of the area as defined by the local government
according to *RCW 36.70A.030(14). Public services and public
facilities shall be limited to those necessary to serve the
isolated nonresidential use and shall be provided in a manner
that does not permit low-density sprawl;
(iv) A county shall adopt measures to minimize and contain
the existing areas or uses of more intensive rural development,
as appropriate, authorized under this subsection. Lands included
in such existing areas or uses shall not extend beyond the
logical outer boundary of the existing area or use, thereby
allowing a new pattern of low-density sprawl. Existing areas are
those that are clearly identifiable and contained and where there
is a logical boundary delineated predominately by the built
environment, but that may also include undeveloped lands if
limited as provided in this subsection. The county shall
establish the logical outer boundary of an area of more intensive
rural development. In establishing the logical outer boundary
the county shall address (A) the need to preserve the character
of existing natural neighborhoods and communities, (B) physical
boundaries such as bodies of water, streets and highways, and
land forms and contours, (C) the prevention of abnormally
irregular boundaries, and (D) the ability to provide public
facilities and public services in a manner that does not permit
low-density sprawl;
(v) For purposes of (d) of this subsection, an existing area
or existing use is one that was in existence:
(A) On July 1, 1990, in a county that was initially required
to plan under all of the provisions of this chapter;
(B) On the date the county adopted a resolution under RCW 36.70A.040(2), in a county that is planning under all of the
provisions of this chapter under RCW 36.70A.040(2); or
(C) On the date the office of financial management certifies
the county's population as provided in RCW 36.70A.040(5), in a
county that is planning under all of the provisions of this
chapter pursuant to RCW 36.70A.040(5).
(e) Exception. This subsection shall not be interpreted to
permit in the rural area a major industrial development or a
master planned resort unless otherwise specifically permitted
under RCW 36.70A.360 and 36.70A.365.
(6) A transportation element that implements, and is
consistent with, the land use element.
(a) The transportation element shall include the following
subelements:
(i) Land use assumptions used in estimating travel;
(ii) Estimated traffic impacts to state-owned transportation
facilities resulting from land use assumptions to assist the
department of transportation in monitoring the performance of
state facilities, to plan improvements for the facilities, and to
assess the impact of land-use decisions on state-owned
transportation facilities;
(iii) Facilities and services needs, including:
(A) An inventory of air, water, and ground transportation
facilities and services, including transit alignments and general
aviation airport facilities, to define existing capital
facilities and travel levels as a basis for future planning.
This inventory must include state-owned transportation facilities
within the city or county's jurisdictional boundaries;
(B) Level of service standards for all locally owned
arterials and transit routes to serve as a gauge to judge
performance of the system. These standards should be regionally
coordinated;
(C) For state-owned transportation facilities, level of
service standards for highways, as prescribed in chapters 47.06 and 47.80 RCW, to gauge the performance of the system. The
purposes of reflecting level of service standards for state
highways in the local comprehensive plan are to monitor the
performance of the system, to evaluate improvement strategies,
and to facilitate coordination between the county's or city's
six-year street, road, or transit program and the department of
transportation's six-year investment program. The concurrency
requirements of (b) of this subsection do not apply to
transportation facilities and services of statewide significance
except for counties consisting of islands whose only connection
to the mainland are state highways or ferry routes. In these
island counties, state highways and ferry route capacity must be
a factor in meeting the concurrency requirements in (b) of this
subsection;
(D) Specific actions and requirements for bringing into
compliance locally owned transportation facilities or services
that are below an established level of service standard;
(E) Forecasts of traffic for at least ten years based on the
adopted land use plan to provide information on the location,
timing, and capacity needs of future growth;
(F) Identification of state and local system needs to meet
current and future demands. Identified needs on state-owned
transportation facilities must be consistent with the statewide
multimodal transportation plan required under chapter 47.06 RCW;
(iv) Finance, including:
(A) An analysis of funding capability to judge needs against
probable funding resources;
(B) A multiyear financing plan based on the needs identified
in the comprehensive plan, the appropriate parts of which shall
serve as the basis for the six-year street, road, or transit
program required by RCW 35.77.010 for cities, RCW 36.81.121 for
counties, and RCW 35.58.2795 for public transportation systems.
The multiyear financing plan should be coordinated with the
six-year improvement program developed by the department of
transportation as required by **RCW 47.05.030;
(C) If probable funding falls short of meeting identified
needs, a discussion of how additional funding will be raised, or
how land use assumptions will be reassessed to ensure that level
of service standards will be met;
(v) Intergovernmental coordination efforts, including an
assessment of the impacts of the transportation plan and land use
assumptions on the transportation systems of adjacent
jurisdictions;
(vi) Demand-management strategies;
(vii) Pedestrian and bicycle component to include
collaborative efforts to identify and designate planned
improvements for pedestrian and bicycle facilities and corridors
that address and encourage enhanced community access and promote
healthy lifestyles.
(b) After adoption of the comprehensive plan by
jurisdictions required to plan or who choose to plan under RCW 36.70A.040, local jurisdictions must adopt and enforce ordinances
which prohibit development approval if the development causes the
level of service on a locally owned transportation facility to
decline below the standards adopted in the transportation element
of the comprehensive plan, unless transportation improvements or
strategies to accommodate the impacts of development are made
concurrent with the development. These strategies may include
increased public transportation service, ride sharing programs,
demand management, and other transportation systems management
strategies. For the purposes of this subsection (6) "concurrent
with the development" shall mean that improvements or strategies
are in place at the time of development, or that a financial
commitment is in place to complete the improvements or strategies
within six years.
(c) The transportation element described in this subsection
(6), and the six-year plans required by RCW 35.77.010 for cities,
RCW 36.81.121 for counties, RCW 35.58.2795 for public
transportation systems, and **RCW 47.05.030 for the state, must
be consistent.
(7) An economic development element establishing local
goals, policies, objectives, and provisions for economic growth
and vitality and a high quality of life. The element shall
include: (a) A summary of the local economy such as population,
employment, payroll, sectors, businesses, sales, and other
information as appropriate; (b) a summary of the strengths and
weaknesses of the local economy defined as the commercial and
industrial sectors and supporting factors such as land use,
transportation, utilities, education, workforce, housing, and
natural/cultural resources; and (c) an identification of
policies, programs, and projects to foster economic growth and
development and to address future needs. A city that has chosen
to be a residential community is exempt from the economic
development element requirement of this subsection.
(8) A park and recreation element that implements, and is
consistent with, the capital facilities plan element as it
relates to park and recreation facilities. The element shall
include: (a) Estimates of park and recreation demand for at
least a ten-year period; (b) an evaluation of facilities and
service needs; and (c) an evaluation of intergovernmental
coordination opportunities to provide regional approaches for
meeting park and recreational demand.
(9) It is the intent that new or amended elements required
after January 1, 2002, be adopted concurrent with the scheduled
update provided in RCW 36.70A.130. Requirements to incorporate
any such new or amended elements shall be null and void until
funds sufficient to cover applicable local government costs are
appropriated and distributed by the state at least two years
before local government must update comprehensive plans as
required in RCW 36.70A.130.
[2005 c 360 § 2; (2005 c 477 § 1 expired August 31, 2005); 2004 c 196 § 1; 2003 c 152 § 1. Prior: 2002 c 212 § 2; 2002 c 154 § 2; 1998 c 171 § 2; 1997 c 429 § 7; 1996 c 239 § 1; prior: 1995 c 400 § 3; 1995 c 377 § 1; 1990 1st ex.s. c 17 § 7.]
NOTES:
Reviser's note: *(1) RCW 36.70A.030 was amended by 2005 c
423 § 2, changing subsection (14) to subsection (15).
**(2) RCW 47.05.030 was amended by 2005 c 319 § 9, changing
the six-year improvement program to a ten-year improvement
program.
Expiration date -- 2005 c 477 § 1: "Section 1 of this act expires August 31, 2005." [2005 c 477 § 3.]
Effective date -- 2005 c 477: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 13, 2005]." [2005 c 477 § 2.]
Findings -- Intent -- 2005 c 360: "The legislature finds that regular physical activity is essential to maintaining good health and reducing the rates of chronic disease. The legislature further finds that providing opportunities for walking, biking, horseback riding, and other regular forms of exercise is best accomplished through collaboration between the private sector and local, state, and institutional policymakers. This collaboration can build communities where people find it easy and safe to be physically active. It is the intent of the legislature to promote policy and planning efforts that increase access to inexpensive or free opportunities for regular exercise in all communities around the state." [2005 c 360 § 1.]
Prospective application -- 1997 c 429 §§ 1-21: See note following RCW 36.70A.3201.
Severability -- 1997 c 429: See note following RCW 36.70A.3201.
Construction -- Application -- 1995 c 400: "A comprehensive
plan adopted or amended before May 16, 1995, shall be considered
to be in compliance with RCW 36.70A.070 or 36.70A.110, as in
effect before their amendment by this act, if the comprehensive
plan is in compliance with RCW 36.70A.070 and 36.70A.110 as
amended by this act. This section shall not be construed to
alter the relationship between a county-wide planning policy and
comprehensive plans as specified under RCW 36.70A.210.
As to any appeal relating to compliance with RCW 36.70A.070
or 36.70A.110 pending before a growth management hearings board
on May 16, 1995, the board may take up to an additional ninety
days to resolve such appeal. By mutual agreement of all parties
to the appeal, this additional ninety-day period may be
extended." [1995 c 400 § 4.]
Effective date -- 1995 c 400: See note following RCW 36.70A.040.