Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Adopt a comprehensive land use plan" means to enact a
new comprehensive land use plan or to update an existing
comprehensive land use plan.
(2) "Agricultural land" means land primarily devoted to the
commercial production of horticultural, viticultural,
floricultural, dairy, apiary, vegetable, or animal products or of
berries, grain, hay, straw, turf, seed, Christmas trees not
subject to the excise tax imposed by *RCW 84.33.100 through 84.33.140, finfish in upland hatcheries, or livestock, and that
has long-term commercial significance for agricultural
production.
(3) "City" means any city or town, including a code city.
(4) "Comprehensive land use plan," "comprehensive plan," or
"plan" means a generalized coordinated land use policy statement
of the governing body of a county or city that is adopted
pursuant to this chapter.
(5) "Critical areas" include the following areas and
ecosystems: (a) Wetlands; (b) areas with a critical recharging
effect on aquifers used for potable water; (c) fish and wildlife
habitat conservation areas; (d) frequently flooded areas; and (e)
geologically hazardous areas.
(6) "Department" means the department of commerce.
(7) "Development regulations" or "regulation" means the
controls placed on development or land use activities by a county
or city, including, but not limited to, zoning ordinances,
critical areas ordinances, shoreline master programs, official
controls, planned unit development ordinances, subdivision
ordinances, and binding site plan ordinances together with any
amendments thereto. A development regulation does not include a
decision to approve a project permit application, as defined in
RCW 36.70B.020, even though the decision may be expressed in a
resolution or ordinance of the legislative body of the county or
city.
(8) "Forest land" means land primarily devoted to growing
trees for long-term commercial timber production on land that can
be economically and practically managed for such production,
including Christmas trees subject to the excise tax imposed under
*RCW 84.33.100 through 84.33.140, and that has long-term
commercial significance. In determining whether forest land is
primarily devoted to growing trees for long-term commercial
timber production on land that can be economically and
practically managed for such production, the following factors
shall be considered: (a) The proximity of the land to urban,
suburban, and rural settlements; (b) surrounding parcel size and
the compatibility and intensity of adjacent and nearby land uses;
(c) long-term local economic conditions that affect the ability
to manage for timber production; and (d) the availability of
public facilities and services conducive to conversion of forest
land to other uses.
(9) "Geologically hazardous areas" means areas that because
of their susceptibility to erosion, sliding, earthquake, or other
geological events, are not suited to the siting of commercial,
residential, or industrial development consistent with public
health or safety concerns.
(10) "Long-term commercial significance" includes the
growing capacity, productivity, and soil composition of the land
for long-term commercial production, in consideration with the
land's proximity to population areas, and the possibility of more
intense uses of the land.
(11) "Minerals" include gravel, sand, and valuable metallic
substances.
(12) "Public facilities" include streets, roads, highways,
sidewalks, street and road lighting systems, traffic signals,
domestic water systems, storm and sanitary sewer systems, parks
and recreational facilities, and schools.
(13) "Public services" include fire protection and
suppression, law enforcement, public health, education,
recreation, environmental protection, and other governmental
services.
(14) "Recreational land" means land so designated under
**RCW 36.70A.1701 and that, immediately prior to this
designation, was designated as agricultural land of long-term
commercial significance under RCW 36.70A.170. Recreational land
must have playing fields and supporting facilities existing
before July 1, 2004, for sports played on grass playing fields.
(15) "Rural character" refers to the patterns of land use
and development established by a county in the rural element of
its comprehensive plan:
(a) In which open space, the natural landscape, and
vegetation predominate over the built environment;
(b) That foster traditional rural lifestyles, rural-based
economies, and opportunities to both live and work in rural
areas;
(c) That provide visual landscapes that are traditionally
found in rural areas and communities;
(d) That are compatible with the use of the land by wildlife
and for fish and wildlife habitat;
(e) That reduce the inappropriate conversion of undeveloped
land into sprawling, low-density development;
(f) That generally do not require the extension of urban
governmental services; and
(g) That are consistent with the protection of natural
surface water flows and groundwater and surface water recharge
and discharge areas.
(16) "Rural development" refers to development outside the
urban growth area and outside agricultural, forest, and mineral
resource lands designated pursuant to RCW 36.70A.170. Rural
development can consist of a variety of uses and residential
densities, including clustered residential development, at levels
that are consistent with the preservation of rural character and
the requirements of the rural element. Rural development does
not refer to agriculture or forestry activities that may be
conducted in rural areas.
(17) "Rural governmental services" or "rural services"
include those public services and public facilities historically
and typically delivered at an intensity usually found in rural
areas, and may include domestic water systems, fire and police
protection services, transportation and public transit services,
and other public utilities associated with rural development and
normally not associated with urban areas. Rural services do not
include storm or sanitary sewers, except as otherwise authorized
by RCW 36.70A.110(4).
(18) "Urban governmental services" or "urban services"
include those public services and public facilities at an
intensity historically and typically provided in cities,
specifically including storm and sanitary sewer systems, domestic
water systems, street cleaning services, fire and police
protection services, public transit services, and other public
utilities associated with urban areas and normally not associated
with rural areas.
(19) "Urban growth" refers to growth that makes intensive
use of land for the location of buildings, structures, and
impermeable surfaces to such a degree as to be incompatible with
the primary use of land for the production of food, other
agricultural products, or fiber, or the extraction of mineral
resources, rural uses, rural development, and natural resource
lands designated pursuant to RCW 36.70A.170. A pattern of more
intensive rural development, as provided in RCW 36.70A.070(5)(d),
is not urban growth. When allowed to spread over wide areas,
urban growth typically requires urban governmental services.
"Characterized by urban growth" refers to land having urban
growth located on it, or to land located in relationship to an
area with urban growth on it as to be appropriate for urban
growth.
(20) "Urban growth areas" means those areas designated by a
county pursuant to RCW 36.70A.110.
(21) "Wetland" or "wetlands" means areas that are inundated
or saturated by surface water or groundwater at a frequency and
duration sufficient to support, and that under normal
circumstances do support, a prevalence of vegetation typically
adapted for life in saturated soil conditions. Wetlands
generally include swamps, marshes, bogs, and similar areas.
Wetlands do not include those artificial wetlands intentionally
created from nonwetland sites, including, but not limited to,
irrigation and drainage ditches, grass-lined swales, canals,
detention facilities, wastewater treatment facilities, farm
ponds, and landscape amenities, or those wetlands created after
July 1, 1990, that were unintentionally created as a result of
the construction of a road, street, or highway. Wetlands may
include those artificial wetlands intentionally created from
nonwetland areas created to mitigate conversion of wetlands.
[2009 c 565 § 22; 2005 c 423 § 2; 1997 c 429 § 3; 1995 c 382 § 9. Prior: 1994 c 307 § 2; 1994 c 257 § 5; 1990 1st ex.s. c 17 § 3.]
NOTES:
Reviser's note: *(1) RCW 84.33.100 through 84.33.118 were
repealed or decodified by 2001 c 249 §§ 15 and 16. RCW 84.33.120
was repealed by 2001 c 249 § 16 and by 2003 c 170 § 7.
**(2) RCW 36.70A.1701 expired June 30, 2006.
(3) The definitions in this section have been alphabetized
pursuant to RCW 1.08.015(2)(k).
Intent -- 2005 c 423: "The legislature recognizes the need
for playing fields and supporting facilities for sports played on
grass as well as the need to preserve agricultural land of
long-term commercial significance. With thoughtful and
deliberate planning, and adherence to the goals and requirements
of the growth management act, both needs can be met.
The legislature acknowledges the state's interest in
preserving the agricultural industry and family farms, and
recognizes that the state's rich and productive lands enable
agricultural production. Because of its unique qualities and
limited quantities, designated agricultural land of long-term
commercial significance is best suited for agricultural and farm
uses, not recreational uses.
The legislature acknowledges also that certain local
governments have either failed or neglected to properly plan for
population growth and the sufficient number of playing fields and
supporting facilities needed to accommodate this growth. The
legislature recognizes that citizens responded to this lack of
planning, fields, and supporting facilities by constructing
nonconforming fields and facilities on agricultural lands of
long-term commercial significance. It is the intent of the
legislature to permit the continued existence and use of these
fields and facilities in very limited circumstances if specific
criteria are satisfied within a limited time frame. It is also
the intent of the legislature to grant this authorization without
diminishing the designation and preservation requirements of the
growth management act pertaining to Washington's invaluable
farmland." [2005 c 423 § 1.]
Effective date -- 2005 c 423: "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 12, 2005]." [2005 c 423 § 7.]
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.
Finding -- Intent -- 1994 c 307: "The legislature finds that it is in the public interest to identify and provide long-term conservation of those productive natural resource lands that are critical to and can be managed economically and practically for long-term commercial production of food, fiber, and minerals. Successful achievement of the natural resource industries' goal set forth in RCW 36.70A.020 requires the conservation of a land base sufficient in size and quality to maintain and enhance those industries and the development and use of land use techniques that discourage uses incompatible to the management of designated lands. The 1994 amendment to RCW 36.70A.030(8) (section 2(8), chapter 307, Laws of 1994) is intended to clarify legislative intent regarding the designation of forest lands and is not intended to require every county that has already complied with the interim forest land designation requirement of RCW 36.70A.170 to review its actions until the adoption of its comprehensive plans and development regulations as provided in RCW 36.70A.060(3)." [1994 c 307 § 1.]
Effective date -- 1994 c 257 § 5: "Section 5 of this act shall take effect July 1, 1994." [1994 c 257 § 25.]
Severability -- 1994 c 257: See note following RCW 36.70A.270.