The following sections from the text of Initiative 1183 relate to the zoning of liquor premiss: 

• Section 101(2)(i): Ensure that local communities have input before a liquor license can be issued to a local retailer or distributor and maintain all local zoning requirements and authority related to the location of liquor stores; [Bold emphasis added]
  
• Section103(3)(a): Except as otherwise provided in subsection (c) of this section, the board may issue spirits retail licenses only for premises comprising at least ten thousand square feet of fully enclosed retail space within a single structure, including storerooms and other interior auxiliary areas but excluding covered or fenced exterior areas, whether or not attached to the structure, and only to applicants that the board determines will maintain systems for inventory management, employee training, employee supervision, and physical security of the product substantially as effective as those of stores currently operated by the board with respect to preventing sales to or pilferage by underage or inebriated persons. [Bold emphasis added]
  
• Section103(3)(b) excerpt: - However, existing grocery premises licensed to sell beer and/or wine are deemed to be premises "now licensed" under RCW 66.24.010(9)(a) for the purpose of processing applications for spirits retail licenses. 
  
• Section 103(3)(c): The board may not deny a spirits retail license to an otherwise qualified contract liquor store at its contract location or to the holder of former state liquor store operating rights sold at auction under section 102 of this act on the grounds of location, nature, or size of the premises to be licensed. The board shall not deny a spirits retail license to applicants that are not contract liquor stores or operating rights holders on the grounds of the size of the premises to be licensed, if such applicant is otherwise qualified and the board determines that: (i) There is no retail spirits license holder in the trade area that the applicant proposes to serve . . . 
  
• Section 104(7): Licensees holding a grocery store license must maintain a minimum three thousand dollar inventory of food products for human consumption, not including pop, beer, strong beer, or wine.

MRSC legal consultants have advised that there is no preemption of local zoning regulation of liquor premises based on the language of the initiative. According to Section 103(3)(b) of the initiative, grocery stores that currently sell wine and beer would be deemed to be premises "now licensed." These stores would be grandfathered under local zoning. A city or county could not likely prevent an existing store of 10,000 square feet or larger that sells beer and wine from obtaining a license to sell liquor. Stand-alone liquor stores are also permitted, subject to criteria in Initiative 1183. There is no maximum size for a liquor store. We believe that a local government could require a conditional or special use permit and restrict the size of stand-alone liquor stores in certain zoning districts. MRSC believes that a moratorium, if limited in scope to apply to applications for new liquor stores (not including any existing state stores or grocery premises that currently have licenses to sell beer and/or wine), would be acceptable. A local jurisdiction would, of course, have to have some type of application required for a liquor store for a moratorium to be effective.

MRSC has examples of current zoning regulations that address liquor stores; however, these codes do not reflect the change from state to private liquor premises. These zoning provisions that address zoning for state-operated liquor stores and state-contracted liquor stores may be useful as a starting point for amendments to zoning ordinances to address private liquor stores: 

• Auburn Municipal Code - §18.30.020 Permitted uses and §18.28.020 Permitted uses 
• Fife Municipal Code - §19.40.020 Permitted uses
• Fircrest Municipal Code - §22.46.007 Prohibited uses (c) 
• Issaquah Municipal Code - §18.06.130 Table of permitted land uses (see Land Uses, Food and Beverage - continued) 
• Jefferson County Municipal Code - §13.20.020 Permitted uses 
• Kent Municipal Code - §15.04.070 Wholesale and retail land uses (table) 
• Newcastle Municipal Code - §18.08.070 Retail Land Uses table 
• SeaTac Municipal Code - §15.12.060 Retail land uses 
• Spokane Valley Municipal Code - §19.120.010 General (table of permitted land uses) 
• Washougal Municipal Code - Table 18.36-1
  

This is in response to your request for information on how other jurisdictions buffer impacts between commercial and residential zones. The following are examples of transitional zones from Washington cities:

• Bellevue Land Use Code Ch. 20.25D (see §20.25D.010(B)(12) - Bel-Red Office/Residential Transition) and §20.10.375(A)(12)
• Bellingham Municipal Code §20.37.130 - Samish Way Urban Village - Development (includes several transition zones)
• Bellingham Municipal Code §20.37.230 - Fountain District Urban Village - Development (includes several transition zones) 
• Edmonds Municipal Code Ch. 16.77 - Office-Residential Zone
• Ellensburg Municipal Code Ch. 13.18 - Residential Office Zone
• Kent Municipal Code §15.08.210 - Transition Area Combining District
• Lynnwood Municipal Code §21.46.220 - Transition or buffer strip
• Lynnwood Municipal Code Ch. 21.52 - Mixed Use-Business Zone
• Redmond Zoning Code Ch. 21.50 - Transition Overlay Areas
• Seattle Municipal Code Ch. 23.46 - Residential-Commercial
• Tacoma Municipal Code §13.06.200.B.1 Transitional District
• University Place Municipal Code §19.20.035 - Mixed-Use Office Zone

For additional examples, see the MRSC web page on Mixed Use. Also, most local landscaping ordinances require buffers around certain commercial and industrial uses and buffers between uses, especially commercial and industrial uses adjacent to residential uses.

Other Resources:

• Mixed-use Development in the Twin Cities: Issues and Best Practices (ee specifically p 22 re: signage, trash, ventilation)
• Mixed Use Design Manual, Colorado Springs (p.70, transition tools, p.74, operational compatibility, p. 78-79, lighting, p. 80-81, signage).
  

This is in response to your research request for code provisions regulating chickens in residential zones. First, take a look at our web page on "Regulating Livestock and Other Farm Animals." This page includes several city codes regulating animals, including chickens, in residential areas. In addition, see the following codes:

• Auburn Municipal Code, §18.07.020
• Bellevue Land Use Code §20.20.130
• Bonney Lake Municipal Code, §18.22.060
• Bothell Municipal Code, §12.06.140
• Federal Way Municipal Code, Ch. 19.260
• Fife Municipal Code, Ch. 19.68
• Kalama Municipal Code, §6.04.080 
• Kelso Municipal Code, §17.15.040(T) 
• Lacey Municipal Code, §16.13.040 
• Kent Municipal Code, §15.08.070 
• Kirkland Zoning Code, §115.20 
• Lakewood Municipal Code, §18A.50.160 
• Mill Creek Municipal Code, Ch. 6.12

Also see the following: 

• FAQs about City Chickens, Ferndale 
• Mukilteo Animals Code Amendment (prohibits roosters) 
• Renton Customer Information Bulletin, Requirements for Keeping Pets and Other Animals 
• Spokane Valley News Release, January 2011
  

Yes, federal projects are exempt from local land use regulations and building permit requirements. The concept of federal exemption from state and local regulations is based on the supremacy clause of the U.S. Constitution. Article VI of the federal constitution states in relevant part:

This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.

So, neither local zoning regulations nor the local building code apply to a federal building project on federally-owned property. This is also the conclusion of the Office of the Attorney General in AGO 1978 No. 6, dated March 7, 1978. There is one caveat in this AGO, however. Sometimes the Congress might require that a certain building project comply with local building codes and, in that case, the local building code must be followed by the federal agency. Of course, the federal government may always voluntarily subject itself to local zoning and building code regulations if it so desires.

Also see California Planning - "The Essentials of Preemption."

No. HB 1653 (Ch. 107, Laws of 2010) was enacted in response to a confusing Washington State Supreme Court decision, Futurewise v. Western Washington Growth Management Hearings Board, 164 Wn.2d 242 (2008). This legislation addresses the integration of the SMA and GMA with respect to critical areas within shorelines. The bill establishes new provisions in the GMA that clarify that local critical areas ordinances adopted pursuant to the GMA will apply to critical areas within the shorelines of the state until the Department of Ecology approves a comprehensive shoreline master program (SMP) update, a segment of an SMP relating to critical areas, or a new or amended SMP. The legislation clarifies that existing shoreline critical areas regulations of local governments remain in place and were not invalidated by the Futurewise decision and also that a jurisdiction may amend an SMP section pertaining to critical areas without being considered a full scale SMP or SMP segment update. The bill applies retroactively to July 27, 2003, the effective date of the original legislation that the Futurewise case addressed. No local legislation must be adopted to implement this legislation.

A city has very limited options in regard to regulating sex offender housing, because the state has preempted most of this area. The 2006 legislature enacted SSB 6325 (codified as RCW 9.94A.8445) that prohibited local governments from enacting residency restrictions on sex offenders. The compromise that was signed into law put in place a statewide restriction that prohibits certain sex offenders from living within 880 feet of a public or private school. See RCW 9.94A.030(6) regarding definition of "community protection zone" and RCW 9.94A.703(1)(c) regarding the restriction on certain offenders residing within that zone.

See the following links to temporary use provisions from several Washington cities:

• Auburn Municipal Code, Ch. 18.46 - Temporary Uses
• Bellevue Land Use Code, Part 20.30M - Temporary Use Permit
• Woodinville Municipal Code, Ch. 21.32 - General Provisions - Nonconformance, Temporary Uses and Re-Use of Facilities
• Newcastle Municipal Code, Ch. 18.32 - General Provisions - Nonconformance, Temporary Uses and Re-Use of Facilities
• Kirkland Zoning Code, Ch. 127 - Temporary Use

·         Oak Harbor Municipal Code, Ch. 19.35 - Temporary Use Permits (includes produce stands)

• Vancouver Municipal Code Ch. 20.885 - Temporary Uses (includes produce stands)

In addition to the general temporary use permit information, you may be interested in specific information regarding permits for tent cities:

• See MRSC's Web page on Tent City - Temporary Homeless Shelters in King County
• City of Burien Temporary Use Permit for Tent City - November 1, 2002
• Woodinville Ordinance No. 369 and Ordinance No. 370 (regarding temporary use permit for tent city)

You may also be interested in specific information on farmers markets. Take a look at MRSC's Web page on Farmers Markets. Also see the codes noted above that address produce stands as part of the temporary use provisions.

There is no state law that preempts local regulation of ham radio towers, but there is a federal ruling regarding preemption of state and local regulations related to amateur radio facilities. In 1985, the Federal Communications Commission issued a ruling, known as PRB-1, regarding federal preemption of state and local regulations pertaining to amateur radio facilities, that established a limited federal preemption policy. The ruling does not specify any particular height limitation below which a local government may not regulate. It states that "local regulations which involve placement, screening, or height of antennas based on health, safety, or aesthetic considerations must be crafted to accommodate reasonably amateur communications, and to represent the minimum practicable regulation to accomplish the local authority's legitimate purpose." Section 25, PRB-1, Memorandum Opinion and Order (FCC 85-506), Federal Preemption of State and Local Regulations Pertaining to Amateur Radio Facilities.

This ruling is still in effect and has been affirmed by additional PRB-1 interpretations by the FCC. Based on a review of local ordinances, it appears that most cities exempt ham radio antennas from local wireless communications facilities regulations.

Here’s a Q&A on the FCC website that deals with over the air reception devices.           

The relevant US Code provision for amateur (ham) radio antenna regulations is: 47 CFR 97.15.

There is no general rule for unnamed uses not listed in a zoning code. Most communities provide some provisions for addressing unlisted or similar uses in their zoning code.

The following codes include general provisions for unclassified uses or uses similar to others listed in the zoning code. In addition, some communities note that similar uses are permitted in particular zones (such as a commercial zone), and these provisions are typically listed as part of specific zone classifications in the zoning code.

• Auburn Municipal Code Ch. 18.64 - Administrative and Conditional Use Permits
• Clark County - Similar use determination application
• Des Moines Municipal Code Ch. 18.32 - Unclassified Uses
• Issaquah Land Use Code Sec. 18.06.050
• Milton Municipal Code Sec. 17.44.013
• Prosser Municipal Code Sec. 18.75.070
• SeaTac Municipal Code Sec. 15.12.011.

Density bonuses are used for many purposes, including the provision of affordable housing units (probably the most common), protection of critical areas, preservation of open space, provision of transit-oriented housing, inclusion of public art, preservation of historical and cultural resources, and energy conservation. Density bonuses are built into planned unit development, planned residential development, and cluster subdivision provisions.

Here are links to some of the documents available on the Web:

• Affordable Housing - Inclusionary Requirements/Bonus Density, MRSC - Samples from several jurisdictions
• Planned Unit Development/Planned Residential Development, City and County Code Provisions, MRSC - Include density bonus provisions 
• Bellingham Municipal Code sec. 18.32.050 - Density bonus earned (cluster subdivisions)
• King County Density Bonus Program for Affordable Housing
• Okanogan County Code Ch. 17.19 - Planned Development - see sec. 17.19.030
• Olympia Unified Development Code sec. 18.04.080 (A)(4) - Density Bonuses
• Redmond Zoning Code Ch. 21.08 - Residential Regulations - see Sec. 21.08.300 Critical Areas Residential Density Bonus
• Seattle Density Bonus - Program for green buildings
• Vancouver Municipal Code sec. 20.55.050(D) (Incentives - transit overlay district)
• Woodinville Municipal Code Ch. 21.34 - Residential Density Incentives and Ch. 21.36 - Transfer of Residential Density Credits
• Yakima Municipal Code sec. 15.28.060 - Density bonus criteria.

Out of State Examples

• Model Affordable Housing Density Bonus Ordinance, Model Smart Land Development Regulations, American Planning Association, March 1996
• Hayward, CA Article 19 - Density Bonus Ordinance
• California Model Density Bonus Ordinance (82 KB).

In addition, we have the following information in our library:

• Alternative Techniques for Managing Growth, 2nd ed. by Irving Schiffman, Institute of Governmental Studies, 1999 (see "Density Bonus," pp. 57-59)
• Growing Greener: Putting Conservation into Local Plans and Ordinances, by Randall Arendt, Island Press, 1999 (see p. 48-49 and pp.163-164).
• "Using Zoning Bonuses for Smart Growth and Development," by Marya Morris, Zoning News, July 2000.

No, this is not permitted under the "Washington Housing Policy Act" (WHPA), RCW 35A.63.240.

This statute provides:

No city may enact or maintain an ordinance, development regulation, zoning regulation or official control, policy, or administrative practice which treats a residential structure occupied by persons with handicaps differently than a similar residential structure occupied by a family or other unrelated individuals. As used in this section, "handicaps" are as defined in the federal fair housing amendments act of 1988 (42 U.S.C. Sec. 3602).

Accordingly, a development regulation that requires a conditional use permit for a group home for handicapped or disabled individuals but not for single-family residences violates this statute, which is stricter than comparable provisions of the federal Fair Housing Act. In Sunderland Family Treatment Services v Pasco, 107 Wn. App. 109 (2001), the state court of appeals struck down Pasco's requirement that "group care facilities" obtain a special use permit:

[W]e conclude that the City violated the WHPA by defining "family" in such a way as to impose additional burdens on residential care facilities for the handicapped. The City violated the WHPA by adopting a regulatory scheme that permitted a "family" to obtain immediate occupancy of a residential structure but required "group care facilities" to obtain a SUP before occupying a similar residential structure. But for the City's definition of family, the residents of the proposed facility would have been entitled to immediate occupancy of the home. Instead, the residents of the proposed facility were denied access based on their handicap and familial status.

See also: "Group Homes: Local Control and Regulation Versus Federal and State Fair Housing Laws," by Ted H. Gathe, Washington State Bar Association Land Use Conference, May 1997 (Reprinted with permission of the author and the Washington State Bar Association).

No, this is not permitted under the "Washington Housing Policy Act" (WHPA), RCW 35A.63.240.

This statute provides:

No city may enact or maintain an ordinance, development regulation, zoning regulation or official control, policy, or administrative practice which treats a residential structure occupied by persons with handicaps differently than a similar residential structure occupied by a family or other unrelated individuals. As used in this section, "handicaps" are as defined in the federal fair housing amendments act of 1988 (42 U.S.C. Sec. 3602).

Accordingly, a development regulation that requires a conditional use permit for a group home for handicapped or disabled individuals but not for single-family residences violates this statute, which is stricter than comparable provisions of the federal Fair Housing Act. In Sunderland Family Treatment Services v Pasco, 107 Wn. App. 109 (2001), the state court of appeals struck down Pasco's requirement that "group care facilities" obtain a special use permit:

[W]e conclude that the City violated the WHPA by defining "family" in such a way as to impose additional burdens on residential care facilities for the handicapped. The City violated the WHPA by adopting a regulatory scheme that permitted a "family" to obtain immediate occupancy of a residential structure but required "group care facilities" to obtain a SUP before occupying a similar residential structure. But for the City's definition of family, the residents of the proposed facility would have been entitled to immediate occupancy of the home. Instead, the residents of the proposed facility were denied access based on their handicap and familial status.

See also: "Group Homes: Local Control and Regulation Versus Federal and State Fair Housing Laws," by Ted H. Gathe, Washington State Bar Association Land Use Conference, May 1997 (Reprinted with permission of the author and the Washington State Bar Association).

RCW 35A.63.215 (for code cities) and RCW 35.63.185 (for all other cities) provide that no city may enact an ordinance or regulation that prohibits the use of a residential dwelling, located in an area zoned for residential or commercial use, as a family day-care provider's home. The definition of family day-care provider that applies is the above definition from RCW 43.215.010.

Yes, if the satellite dish is one meter or less in diameter. A 1996 FCC order preempts all local regulation that affects the installation, maintenance, or use of satellite dishes that are one meter or less in diameter in any zoning district, and two meters or less in diameter in commercial and industrial zones. In other words, a property owner in a residential zone may, under this FCC order, put a satellite dish with a diameter of one meter or less basically anywhere on his or her property.

This Q&A on the FCC website deals with over the air reception devices.

The Federal Communications Commission (FCC) has adopted rules which impose a limited federal preemption on local zoning regulations affecting amateur radio antennas (97.15(b) CFR). "Amateur Radio Preemption, 101 FCC 2nd 952 (1985)," also known as PRB-1 (1985), is a "memorandum opinion and order" issued by the FCC, which requires that local regulations that involve placement, screening, or height of antennas based on health, safety or aesthetic considerations must reasonably accommodate amateur communications, and represent the minimum practicable regulation to accomplish the local government's legitimate purpose.

This preemption is explicitly recognized in state statute (RCW 35.21.315 for non-code cities, RCW 35A.21.260 for code cities, and RCW 36.32.600 for counties).

Basically, under the FCC rules, it appears that cities may not adopt local zoning regulations which would have the effect of precluding amateur radio communications. Local regulations must reflect an effort to reasonably accommodate amateur radio facilities and must constitute the minimum practicable regulation to accomplish the local authority's legitimate regulatory purpose.

If there are adequate nearby commercial or industrial zoned areas where wireless telecommunications facilities are permitted to be placed, and if placement of antennas in these non-residential zones would enable telecommunications providers to install a system that provides adequate service to the entire jurisdiction, then prohibiting placement in residential zones would not violate the Federal Telecommunications Act of 1996. Each jurisdiction will need to assess their particular zoning configuration and topography. Expert technical assistance may be needed for a jurisdiction to evaluate whether wireless facilities will need to be permitted in all zones of the city.

For more telecommunications information such as sample ordinances, leases, franchise agreements, FCC documents, and articles, see MRSC's Telecommunications Web page.

The short answer is no, not directly, but this depends on the situation. A water right is only for the use specified on the water right certificate, and, to retain the water right, it must be "perfected" or used. After five consecutive years of non-use, a water right is considered abandoned. Assuming that the property owners are using the water for the specified use on the certificate and plan to continue to do so, a rezone will not affect the water right. However, at such time that the owner plans to change the use of the property, a new water right certificate will be needed. A water right certificate is attached to the property and runs with the land unless withheld in a contract of sale. In some cases, a person may believe that he or she has a water right certificate but may have a domestic exemption instead.

We recommend contacting the Department of Ecology's regional office if there is any question about whether a valid water right is in effect. Water rights contacts at the Department of Ecology are listed on the department's Water Rights Home page (scroll to bottom of page). This Web page is the best source for general information about water rights in Washington State.

The following are sample freeway commercial zones:

• Bellingham Municipal Code Sec. 20.34.020 (C) Auto-Use Qualifier Commercial Areas (AC)
• Blaine Municipal Code Ch. 17.24 - Highway Commercial Zoning District
• Des Moines Municipal Code Ch. 18.29 - H-C Highway Commercial Zone
• Kirkland Zoning Code Ch. 35 - Freeway Commercial (FC) Zones
• Mountlake Terrace Municipal Code Ch. 19.60 - F/T - Freeway/Tourist District (not typical freeway-oriented zone)
• Walla Walla Municipal Code Ch. 20.74 - Highway Commercial District.

Most cities seem to have moved away from highway-oriented zones to more general commercial zones or mixed-use zones. In most comprehensive plans, the highway-oriented uses are included in a broader commercial land use designation. The comprehensive plan policies for commercial land use are typically general and do not address freeway-oriented land uses very specifically. Most communities are not encouraging concentrations of freeway-oriented uses in commercial areas.

The following articles are also available through the MRSC Library :

• "Zoning the Interchange," by Suzanne Sutro Rhees, Zoning News, December 1993
• "Acres of Automobiles," by Christopher Burke, Zoning News, June 1997
• "Transforming a Commercial Strip: The Revitalization of U.S. Route 1 in College Park, Maryland," by Terry Schum, Zoning News, February 2002.

The following code provisions regulate drive-through lanes and drive-up windows associated with banks. Many of these relate to parking and queuing for drive-up facilities.

The following are code provisions from Washington jurisdictions regulating espresso stands and drive-in/drive-through businesses:

• Auburn Municipal Code, Sec. 18.28.020(C), "Central Business District" (no drive-in facilities shall be allowed vehicle access to or from Main Street )
• Edmonds Design Guidelines, See #4, p. 12, "Site Design, Vehicular Access, Drive-Through Facilities"
• Kent Municipal Code, Sec. 15.02.113.1, "Drive-in, drive-through facilities," Sec. 15.05.050, "Drive-in businesses," and Sec. 15.08.020(C), "Special permit uses – drive-in restaurants"
• Mount Vernon Municipal Code, Chapter 17.92, "Development and Permit Requirements for Mobile Food Vans and Espresso Stands"
• Olympia Unified Development Code, Secs. 18.06.060(F) and (U), "Drive-Through and Drive-In Uses" and "Restaurants - Downtown Business (DB) District Requirements" (Note: Drive-in and drive-through businesses, except banks, are prohibited in downtown and urban waterfront zones. In The High Density Corridor 3 zone, all businesses which serve customers exclusively in their vehicles are prohibited.)
• Puyallup Municipal Code, Sec. 20.30.045(11) (regarding vending stands or kiosks including espresso stands)
• Puyallup Submittal Requirements for Espresso Stands
• SeaTac Municipal Code, Sec. 15.38.150
• Sumner Municipal Code, Sec. 18.04.0352, " Drive-in espresso/coffee business," Sec. 18.16.020, " Principal and conditional uses,"  and Sec. 18.16.080, (O) & (P) "Performance Standards"
• Model Town Center Zoning Ordinance, APA, 2006 (drive-in and drive-through facilities not allowed in TC zones).

Several communities, including Auburn, Olympia, and University Place, prohibit drive-through or drive-in uses in the CBD or on the city's main street.

Spot zoning is basically disfavored in our state. The basic definition of spot zoning in Washington was outlined in Narrowsview Preservation Association v. City of Tacoma, 84 Wn.2d 416 (1974), in which the court said:

We have recently stated that illegal spot zoning is arbitrary and unreasonable zoning action by which a smaller area is singled out of a larger area or district and specially zoned for use classification totally different from and inconsistent with the classification of the surrounding land, not in accordance with a comprehensive plan

The reasons for invalidating a rezone as an illegal spot zone usually include one or more of the following: (1) the rezone primarily serves a private interest, (2) the rezone is inconsistent with a comprehensive plan or the surrounding territory, or (3) the rezone constitutes arbitrary and capricious action. Each situation must be determined on its own facts and it is not always easy to determine conclusively whether a rezone would constitute an illegal spot zone.

According to Richard Settle in Washington Land Use and Environmental Law and Practice, the issue with spot zoning is not the differential regulation of adjacent land but the lack of public interest justification for such discrimination. Where differential zoning merely accommodates some private interest and bears no rational relationship to promoting legitimate public interest, it is "arbitrary and capricious" and hence "spot zoning." The term "spot zoning" is not really a distinct legal doctrine. It is really a "misleading term for the application of the constitutional requirements of equal protection and substantive due process." See Settle at section 2.11(c). Courts will overturn a rezone if it grants a "discriminatory benefit to one or a group of owners to the detriment of their neighbors or the community at large without adequate public advantage or justification. . . ." Bassani v. County Commissioners, 70 Wn. App. 389 (1993).

The following are some links to information on spot zoning and contract rezones/concomitant agreements:

• "Understanding Spot Zoning," by Robert C. Widner, Planning Commissioners Journal, No. 13, Winter 1994
• "Spot Zoning," excerpt from "A Short Course on Local Planning," ver. 5.1, Planning Association of Washington and Washington State Department of Commerce, July 2009 (see Chapter 5(A)(2)(b)(7))
• "Removing Spot Zoning From the Fabric of Zoning Practice" (Includes description of spot zoning law in other states in addition to a summary of Washington law), Public Policy Brief, Gary D. Taylor, J.D., Department of Agricultural Economics, Michigan State University Extension, January 2004
• Spot zoning definition from U.S. Legal.

Some jurisdictions that have rezone criteria that discourage spot zoning:

Mercer Island Unified Land Development Code, §19.15.020(G)(2)

2. Reclassification of Property (Rezones).

a. The proposed reclassification is consistent with the policies and provisions of the Mercer Island comprehensive plan;

b. The proposed reclassification is consistent with the purpose of the Mercer Island development code as set forth in MICC 19.01.010;

c. The proposed reclassification is an extension of an existing zone, or a logical transition between zones;

d. The proposed reclassification does not constitute a "spot" zone;

e. The proposed reclassification is compatible with surrounding zones and land uses; and

f. The proposed reclassification does not adversely affect public health, safety and welfare.

Port Angeles Municipal Code, §17.96.100:

17.96.100 Amendments.

A. In determining if an amendment to these regulations is needed, the City Council shall give due consideration to the proper relationship of such amendment to the Comprehensive Plan and the entire Zoning Regulations; it being the intent to retain the integrity and validity of the zones herein described and to avoid any isolated spot zoning changes in the Zoning Map.

B. Any amendments adopted by the City Council may be modified from the form in which they were advertised within the limits necessary to relate properly such amendment or amendments to the Zoning Regulations. Final action on such modifications shall be subject to review and report of the Planning Commission prior to final passage by the City Council.

C. No application for a change of zoning of any lot, parcel or portion thereof shall be considered by the City Council within one year of the final action of the Council upon a prior application covering any of the same described land. This provision, however, shall not impair the right of the Council to propose by its own action any amendment or change in the boundaries of any of the zones in these regulations. (Ord. 3272, 2/17/2007; Ord. 2861 Sec. 1 (part), 3/17/1995; Ord. 2668 Sec. 12 (part), 1/17/1992; Ord. 1709 Sec. 1 (part), 12/22/1970) 

No. RCW 58.17.020(6) defines " short subdivision" as "the division or redivision of land into four or fewer lots, tracts, parcels, sites, or divisions for the purpose of sale, lease, or transfer of ownership" (emphasis added). Despite this definition, the county may not require a subdivision plat (or short plat) when property is leased for cell tower use since the subdivision statute was amended in 2002. In 2002, the following exemption was added to the subdivision/short subdivision requirements:

The provisions of this chapter shall not apply to: ...

(8) A division for the purpose of leasing land for facilities providing personal wireless services while used for that purpose. "Personal wireless services" means any federally licensed personal wireless service. "Facilities" means unstaffed facilities that are used for the transmission or reception, or both, of wireless communication services including, but not necessarily limited to, antenna arrays, transmission cables, equipment shelters, and support structures.

RCW 58.17.040(8).

Small Lot Development Standards

• Everett Zoning Code, Sec. 19.07.010 - Small lot single family dwelling and duplex development and Table 6.1
• Issaquah Municipal Code, Sec. 18.06.100(D), Sec. 18.06.130, and Sec. 18.07.360
• Kent Municipal Code, Sec. 15.08.320
• Marysville Municipal Code, Sec. 22C.010.310
• Puyallup Municipal Code, Ch. 20.20 (see provisions for RS-04 High urban density single-family residential zone)
• Renton Municipal Code, Sec. 4-02-020 (see R-10 zone) and Sec. 4-02-110A
• Richland Municipal Code, Sec. 23.18.020 - High Density Residential Small Lot Special Requirements (in Title 23)
• SeaTac Municipal Code, Sec. 15.13.010, Sec. 15.19.750, Sec. 15.19.760, and Sec. 15.19.770 
• Seattle Municipal Code, Ch. 23.43, Residential small lot
• Tacoma Municipal Code, Sec. 13.06.145 (in Title 13 ())

Other Web Information on Small Lot Housing

• "Increasing Density through Lot Size and Design," Canada Mortgage and Housing Corporation
• Huntington Beach (CA) Municipal Code, Sec. 230.24, Small Lot Development Standards
• Marysville Small Lot Design Guidelines ()
• Snohomish Design Guidelines () Includes additional standards for small lot development.

A city or town may not adopt an ordinance that has the effect, directly or indirectly, of restricting the location of mobile homes or manufactured homes in mobile home parks or manufactured housing communities, as defined in RCW 59.20.030, which were legally in existence before the effective date of this section, based exclusively on the age or dimensions of the mobile home or manufactured home. This does not preclude a city or town from restricting the location of a mobile home or manufactured home in mobile home parks or manufactured housing communities for any other reason including, but not limited to, failure to comply with fire, safety, or other local ordinances or state laws related to mobile homes and manufactured homes.

The House Bill Report on this bill provides the following explanation:

Current statutes (RCW 25.21.684, 35A.21.312 and 36.01.225), which allow jurisdictions to place age and design criteria on manufactured housing, apply only to housing to be sited in new mobile home parks or manufactured housing communities, or to be sited outside of mobile home parks and manufactured home communities.

(Emphasis in original.)

The Senate Bill Report indicates that this was an affordable housing issue ("Single wide mobile homes are an important source of affordable housing.") SSB 5524 became effective on June 12, 2008.

A code city may not enact any statute or ordinance that has the effect, directly or indirectly, of discriminating against consumers’ choices in the placement or use of a home in such a manner that is not equally applicable to all homes. Homes built to 42 U.S.C. Sec. 5401-5403 standards (as amended in 2000) must be regulated for the purposes of siting in the same manner as site built homes, factory built homes, or homes built to any other state construction or local design standard.  However, except as provided in subsection (2) of this section, any code city may require that:

     (a) A manufactured home be a new manufactured home;

     (b) The manufactured home be set upon a permanent foundation, as specified by the manufacturer, and that the space from the bottom of the home to the ground be enclosed by concrete or an approved concrete product which can be either load bearing or decorative;

     (c) The manufactured home comply with all local design standards applicable to all other homes within the neighborhood in which the manufactured home is to be located;

     (d) The home is thermally equivalent to the state energy code; and

     (e) The manufactured home otherwise meets all other requirements for a designated manufactured home as defined in RCW 35.63.160.
 

Note that the federal law provisions above referenced (42 U.S.C. Sec. 5401-5403) relate to manufactured homes.

RCW 35A.21.312 and other similar statutes were amended in 2004 to require that cities and counties “regulate manufactured homes built to federal manufactured housing construction standards no differently than they regulate other types of homes.”

Modular homes are defined in RCW 46.04.303 to include “factory-assembled” structures. RCW 46.04.302 defines “mobile home” and “manufactured home.” RCW 35A.21.312 lists “factory-built homes” in the same manner as “site built homes” and other types of homes (including manufactured homes since 2004, as above referenced). RCW 35.63.160 provides additional provisions related to designated manufactured homes and new manufactured homes.

Therefore, with respect to regulating – which would include zoning regulations – placement or use, cities may not discriminate against consumers’ choices in the placement or use of modular homes in a manner that is not equally applicable to manufactured homes, “… site built homes, factory built homes [i.e., modular homes], or homes built to any other state construction or local design standard.”

A code city may not enact any statute or ordinance that has the effect, directly or indirectly, of discriminating against consumers’ choices in the placement or use of a home in such a manner that is not equally applicable to all homes. Homes built to 42 U.S.C. Sec. 5401-5403 standards (as amended in 2000) must be regulated for the purposes of siting in the same manner as site built homes, factory built homes, or homes built to any other state construction or local design standard.  However, except as provided in subsection (2) of this section, any code city may require that:

     (a) A manufactured home be a new manufactured home;

     (b) The manufactured home be set upon a permanent foundation, as specified by the manufacturer, and that the space from the bottom of the home to the ground be enclosed by concrete or an approved concrete product which can be either load bearing or decorative;

     (c) The manufactured home comply with all local design standards applicable to all other homes within the neighborhood in which the manufactured home is to be located;

     (d) The home is thermally equivalent to the state energy code; and

     (e) The manufactured home otherwise meets all other requirements for a designated manufactured home as defined in RCW 35.63.160.
 

Note that the federal law provisions above referenced (42 U.S.C. Sec. 5401-5403) relate to manufactured homes.

RCW 35A.21.312 and other similar statutes were amended in 2004 to require that cities and counties “regulate manufactured homes built to federal manufactured housing construction standards no differently than they regulate other types of homes.”

Modular homes are defined in RCW 46.04.303 to include “factory-assembled” structures. RCW 46.04.302 defines “mobile home” and “manufactured home.” RCW 35A.21.312 lists “factory-built homes” in the same manner as “site built homes” and other types of homes (including manufactured homes since 2004, as above referenced). RCW 35.63.160 provides additional provisions related to designated manufactured homes and new manufactured homes.

Therefore, with respect to regulating – which would include zoning regulations – placement or use, cities may not discriminate against consumers’ choices in the placement or use of modular homes in a manner that is not equally applicable to manufactured homes, “… site built homes, factory built homes [i.e., modular homes], or homes built to any other state construction or local design standard.”

6. Size restrictions: The accessory dwelling unit shall contain not less than three hundred square feet of floor area. The accessory dwelling unit shall contain not more than the lesser of one thousand square feet of floor area or forty percent of the total square footage of floor area of the single-family dwelling and accessory unit combined. 

Bellevue Land Use Code, Sec. 20.20.120

3. The accessory dwelling unit shall contain not less than 300 square feet and not more than 800 square feet, excluding any related garage area; provided, if the accessory unit is completely located on a single floor, the Director may allow increased size in order to efficiently use all floor area, so long as all other standards set forth in this section are met;

Brewster Municipal Code, Sec.17.10.110

B. The accessory dwelling shall contain not less than three hundred square feet and not more than eight hundred square feet, excluding any related garage area; provided, if the accessory dwelling is completely located on a single floor, the administrator may allow increased size in order to efficiently use all floor area, so long as all other standards set forth in this section are met.


Clyde Hill Municipal Code, Sec. 17.39.030

F. Size Restrictions. The accessory dwelling unit shall contain not less than 300 square feet and not more than 900 square feet of gross floor area, excluding any related garage area, and more than 1,200 square feet of projected roof area. "Projected roof area," as used in this section, means the area within the boundaries of the outermost portion of the vertical projection of the roof to the ground, including all gutters, breezeways, covered walkways, patios, porches and other extensions of the roof of the accessory living structure.
For accessory dwelling units that are attached to and made part of a detached garage, the size of the living quarters portion of the structure shall not exceed 750 square feet of gross floor area. In calculating the size of the "living quarters portion," any stairway to the living quarters shall not be included except to the extent that the stairway exceeds 100 square feet. If the accessory unit that is converted from a previously existing building is completely located on a single floor, the public works director may allow increased size of up to 20 percent in order to efficiently use all floor area, so long as all other standards set forth in this chapter are met.

G. Square Footage. The square footage of the accessory dwelling unit, excluding any related garage area, shall not exceed 40 percent of the total square footage of the single-family dwelling and accessory dwelling unit combined, excluding any garage area. For accessory dwelling units that are attached to and made part of a detached garage, the square footage of the living quarters portion shall not exceed 750 square feet of gross floor area. In calculating the size of the "living quarters portion," any stairway to the living quarters shall not be included except to the extent that the stairway exceeds 100 square feet.

Eatonville Municipal Code, Sec. 18.08.045 (A)

5. The accessory dwelling unit shall contain not less than 300 square feet and not more than 800 square feet, excluding any related garage area; provided, if the accessory unit is completely located on a single floor, the director may allow increased size in order to efficiently use all floor area, so long as all other standards set forth in this section are met;

6. The square footage of the accessory dwelling unit, excluding any garage area, shall not exceed 40 percent of the total square footage of the primary residence and accessory dwelling unit combined, excluding any garage area;

Edmonds Municipal Code, Sec. 20.21.030

C. Size. In no case shall an accessory dwelling unit be (1) larger than 40 percent of the livable floor area of the principal dwelling, (2) nor more than 800 square feet, (3) nor have more than two bedrooms; provided, if the accessory dwelling unit is completely located on a single floor, the planning manager may allow increased size up to 50 percent of the floor area of the principal dwelling in order to efficiently use all floor area, so long as all other standards set forth in this chapter are met.

Enumclaw Municipal Code, Sec. 19.34.090

An accessory dwelling shall be no larger than 40 percent of the livable floor area of the principal dwelling unit, shall not exceed 800 square feet in size, and shall not have more than two bedrooms. When an accessory dwelling unit is completely located on a single floor of a multiple-floor dwelling, the administrator may allow increased size up to 50 percent of the principal dwelling unit's livable floor area in order to efficiently use all floor area. (Ord. 2119 1, 2001).

Federal Way Municipal Code, sec. 19.200.180 

9. The ADU, excluding any garage, workshop and similar nonliving areas, shall contain between 300 – 800 sq. ft., but shall not exceed 40% of the sq. ft. of the primary dwelling unit, excluding any garage, workshop and similar nonliving areas. The unit shall have no more than two bedrooms.

Fircrest Municipal Code, Sec. 22.58.012 (c)

6) An attached ADU shall not exceed 800 square feet; provided, if the ADU is completely located on a single floor of a multistory building, the director may allow increased size in order to efficiently use all floor area. Such increase shall not exceed five percent of the floor area of the principle structure. An attached ADU shall be designed to maintain the architectural design, style, appearance and character of the principal unit as a single-family residence. If an attached ADU extends beyond the current footprint or existing height of the principal unit, or requires modifications to the exterior of the building, the addition or modifications must be consistent with the existing facade, roof pitch, siding, windows, and other exterior design elements and finish materials.

Kent Municipal Code, Sec. 15.08.350(B)

7. The size of an ADU contained within or attached to an existing single-family structure shall be limited by the existing structure's applicable zoning requirements. An ADU incorporated in the construction of a new single-family house shall be limited to forty (40) percent of the principal unit. The size of a detached ADU, for either new construction or an existing home, shall be up to eight hundred (800) square feet or thirty-three (33) percent of the size of the principal unit, whichever is smaller. A legal guest cottage, as defined by KCC 15.02.174, existing prior to November 21, 1995 shall not be denied an accessory housing permit solely because it is larger than the maximum size stated in this criteria. Any legally constructed accessory building, existing prior to November 21, 1995, may be converted to an accessory dwelling unit provided the structure does not exceed fifty (50) percent of the size of the principal unit.

La Conner Municipal Code, Sec. 15.110.080

(3) The accessory dwelling may be no more than 700 square feet in size.

Lynnwood Municipal Code, Sec. 21.42.110 (G)

7. Size. The ADU shall have a maximum gross floor area of 800 square feet or 40 percent of the habitable square footage of the primary unit, whichever is less. A maximum of one bedroom shall be provided for ADUs less than 600 square feet in size; a maximum of two bedrooms shall be provided for ADUs 600 square feet or greater in size. When calculating the square footage of the ADU, covered exterior elements such as decks and porches will not be included. The total size of all such covered exterior elements shall not exceed 200 square feet and the design shall be consistent with the primary dwelling unit.

Marysville Municipal Code, Sec. 22C.180.030

SB 6593 (Chapter 256, Laws of 2004), which became effective on July 1, 2005, requires that, to protect "consumers' choices in housing," cities and counties must regulate manufactured homes built to federal manufactured housing construction standards no differently than they regulate other types of homes. 

Nevertheless, cities and counties may under this legislation require that that these manufactured homes: (1) be new manufactured homes (but see below); (2) be set on a permanent foundation; (3) comply with any local design standards that may apply to all other homes in the neighborhood in which the manufactured home is to be located; (4) are thermally equivalent to the state energy code; and/or (5) otherwise meet requirements for a "designated manufactured home" in RCW 35.63.160.   (Because a "designated manufactured home" under that definition is one that includes at least two sections, cities and counties may still regulate "single-wide" manufactured homes differently than other types of homes.) 

However, this legislation was amended by the 2008 legislature to provide that cities and counties may not prohibit a mobile or manufactured home from locating in an existing mobile home park or manufactured housing community based on the age or size of that mobile or manufactured home.  See RCW 35.21.684; RCW 35A.21.312.  Local jurisdictions are still permitted to place age and design criteria on manufactured housing that is sited outside of mobile and manufactured housing communities.     

Prior to SB 6593, Washington cities and counties seemingly had the authority to regulate the location of manufactured homes through zoning and even to ban them entirely.  While local governments were (and still are) "preempted" by federal law (the National Manufactured Housing Construction and Safety Standards Act of 1974) from enacting construction, safety, and energy standards that are stricter than those established by federal regulations adopted by the Department of Housing and Urban Development (HUD), HUD had acknowledged that the federal legislation did not limit the authority of local governments to regulate the location of manufactured housing, as long as they do not do so based on compliance or noncompliance with stricter construction, safety, and energy standards.  And, in  Washington Manufactured Housing Assn. v. Public Utility District No. 3, 124 Wn. 2d 381, 385 (1994), the state supreme court, in dicta, noted that it is "clear that zoning laws that ban manufactured housing or limit them to certain areas are not preempted if they are silent as to construction or safety standards."  SB 6593, however, eliminated any previous ability of local governments in the state to restrict where manufactured housing - at least certain manufactured housing - could locate.  

The Washington Growth Management Act (GMA) encourages economic development consistent with adopted comprehensive plans. SSHB 2697 (Chapter 154, Laws of 2002 (23 KB)) added economic development to the list of required elements of a growth management comprehensive plan, but also provides:

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.

We interpret this language to mean that an economic development element is not required until the state has appropriated and distributed sufficient funding to cover the cost to local governments of developing this element. "Null and void" means without legal effect. The requirement basically doesn't exist, until it has been funded. Such funding must also be provided at least two years before local governments are required to update their comprehensive plans. To date no such state funding has been adopted or appropriated.

For more information on this subject, see our Planning for Economic Development Web page.

Although RCW 36.70A.070(6)(b) requires local jurisdictions to adopt and enforce concurrency ordinances, the statutes are not specific about the type of ordinance necessary to implement concurrency. Many cities are adopting separate concurrency ordinances to implement their concurrency program, but a few are relying primarily on SEPA.

Whether a local jurisdiction chooses to implement concurrency through its SEPA regulations or another part of its code, the development regulations should include specific concurrency language that prohibits development when level of service standards for transportation facilities cannot be met. The Growth Management Act (GMA) requires that:

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 improvement or strategies to accommodate the impacts of development are made concurrent with the development. RCW 36.70A.070(6)(b).

In addition, a Western Washington Growth Management Hearings Board case indicates that local jurisdictions should spell out their methodology for assuring concurrency compliance either within their comprehensive plans or development regulations. Taxpayers for Responsible Government v. City of Oak Harbor, WWGMHB No. 92-2-002, Final Decision and Order, July 16, 1996. Referring to Goal 12 of the Growth Management Act (RCW 36.70A.020(12)) the Board stated that:

In order to comply with this portion of the Act, a local government must not only state what it plans to do but also how. This can be done in the context of a comprehensive plan, development regulations or a combination of both. The critical factor involves a specific articulated methodology to reasonably assure compliance with concurrency.

Although RCW 36.70A.070(6)(b) requires local jurisdictions to adopt and enforce concurrency ordinances, the statutes are not specific about the type of ordinance necessary to implement concurrency. Many cities are adopting separate concurrency ordinances to implement their concurrency program, but a few are relying primarily on SEPA.

Whether a local jurisdiction chooses to implement concurrency through its SEPA regulations or another part of its code, the development regulations should include specific concurrency language that prohibits development when level of service standards for transportation facilities cannot be met. The Growth Management Act (GMA) requires that:

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 improvement or strategies to accommodate the impacts of development are made concurrent with the development. RCW 36.70A.070(6)(b).

In addition, a Western Washington Growth Management Hearings Board case indicates that local jurisdictions should spell out their methodology for assuring concurrency compliance either within their comprehensive plans or development regulations. Taxpayers for Responsible Government v. City of Oak Harbor, WWGMHB No. 92-2-002, Final Decision and Order, July 16, 1996. Referring to Goal 12 of the Growth Management Act (RCW 36.70A.020(12)) the Board stated that:

In order to comply with this portion of the Act, a local government must not only state what it plans to do but also how. This can be done in the context of a comprehensive plan, development regulations or a combination of both. The critical factor involves a specific articulated methodology to reasonably assure compliance with concurrency.

The word "concurrency" appears in RCW 36.70A.070 which clearly requires concurrency for arterials and transit. There is no specific requirement that other types of facilities be provided "concurrent" with development elsewhere in GMA. However, the goal statement in RCW 36.70A.020 suggests that adequate public facilities requirements for other types of public facilities and services may be appropriate. Also, RCW 58.17.110 requires that "adequate provision" be made for a long list of public facilities and services including potable water and waste disposal.

A Western Washington Growth Management Hearing Board case that finds that local government must consider what facilities and services (in addition to transportation) are necessary to support development, but also have discretion about what facilities are subject to concurrency Taxpayers for Responsible Government v. City of Oak Harbor, WWGMHB No. 96-2-002). In  McVittie v. Snohomish County, the Central Puget Sound Growth Management Hearings Board found that the capital facilities element (CFE)

"must explicitly state which of the listed public facilities are determined to be “necessary to support development” and each of the facilities so designated must have either a “concurrency mechanism” or an “adequacy mechanism” to trigger appropriate reassessment if service falls below the baseline minimum standard.

Transportation facilities are the only facilities required to have a concurrency mechanism, although a local government may choose to adopt a concurrency mechanism for other facilities."  (McVittie v. Snohomish County, CPSGMHB Case No. 01-3-0002, FDO, July 25, 2001.)

The word "concurrency" appears in RCW 36.70A.070 which clearly requires concurrency for arterials and transit. There is no specific requirement that other types of facilities be provided "concurrent" with development elsewhere in GMA. However, the goal statement in RCW 36.70A.020 suggests that adequate public facilities requirements for other types of public facilities and services may be appropriate. Also, RCW 58.17.110 requires that "adequate provision" be made for a long list of public facilities and services including potable water and waste disposal.

A Western Washington Growth Management Hearing Board case that finds that local government must consider what facilities and services (in addition to transportation) are necessary to support development, but also have discretion about what facilities are subject to concurrency Taxpayers for Responsible Government v. City of Oak Harbor, WWGMHB No. 96-2-002). In  McVittie v. Snohomish County, the Central Puget Sound Growth Management Hearings Board found that the capital facilities element (CFE)

"must explicitly state which of the listed public facilities are determined to be “necessary to support development” and each of the facilities so designated must have either a “concurrency mechanism” or an “adequacy mechanism” to trigger appropriate reassessment if service falls below the baseline minimum standard.

Transportation facilities are the only facilities required to have a concurrency mechanism, although a local government may choose to adopt a concurrency mechanism for other facilities."  (McVittie v. Snohomish County, CPSGMHB Case No. 01-3-0002, FDO, July 25, 2001.)

Yes. A GMA city must adopt a comprehensive land use plan which states the city's land use policy. Cities are also required to enact development regulations which are "consistent with and implement the comprehensive plan . . . and (cities) shall perform their activities and make capital budget decisions in conformity with their comprehensive plans" (RCW 36.70A.120). The Procedural Criteria for Adopting Plans and Development Regulations (Ch. 365-196 WAC) interpret that "implement" connotes "not only a lack of conflict but sufficient scope to carry out fully the goals, policies, standards and directions contained in the comprehensive plan." The Central Puget Sound Growth Hearings Board (CPSGHB) held in City of Snoqualmie v. King County, CPSGHB Case No. 92-3-0004, FDO, 3/1/93 that county-wide planning policies provide substantive and directive policy to the comprehensive plans of cities and counties "which in turn provide substantive direction to the content of local land use regulations, which govern the exercise of local land use powers, including zoning, permitting and enforcement" (page 17). The Board also noted in the same case that the use of either "should" or "shall" in a GMA policy document must be construed to have directive meaning . . . the difference in meaning between 'shall' and `should' is now one of degree rather than kind" (page 14).

Yes. A GMA city must adopt a comprehensive land use plan which states the city's land use policy. Cities are also required to enact development regulations which are "consistent with and implement the comprehensive plan . . . and (cities) shall perform their activities and make capital budget decisions in conformity with their comprehensive plans" (RCW 36.70A.120). The Procedural Criteria for Adopting Plans and Development Regulations (Ch. 365-196 WAC) interpret that "implement" connotes "not only a lack of conflict but sufficient scope to carry out fully the goals, policies, standards and directions contained in the comprehensive plan." The Central Puget Sound Growth Hearings Board (CPSGHB) held in City of Snoqualmie v. King County, CPSGHB Case No. 92-3-0004, FDO, 3/1/93 that county-wide planning policies provide substantive and directive policy to the comprehensive plans of cities and counties "which in turn provide substantive direction to the content of local land use regulations, which govern the exercise of local land use powers, including zoning, permitting and enforcement" (page 17). The Board also noted in the same case that the use of either "should" or "shall" in a GMA policy document must be construed to have directive meaning . . . the difference in meaning between 'shall' and `should' is now one of degree rather than kind" (page 14).

RCW 36.70A.060(4) states that "agricultural land located within urban growth areas (UGAs) shall not be designated by a county or city as ... agricultural land of long-term commercial significance ... unless the city has enacted a program authorizing transfer or purchase of development rights." The purpose of this provision is apparently to hold urban growth area land for urban needs rather than resource production and to avoid spread out patterns that are expensive to serve.

 As noted in City of Redmond v. Central Puget Sound Growth Management Hearings Board (136 Wn.2d 38, 1998),

The obvious purpose of the statute requiring the City to establish a program for the transfer or purchase development rights if the land is within the UGA is to provide reimbursement to the owners of land the uses of which become frozen at a low level of intensity as a result of the City's designation. Here, the City made the agricultural designation without having a TDR program in effect, as the statute requires. As a result, the Board properly invalidated the designation. [at 56] 

The city also may not restrict open space corridors to agricultural or forest use unless city acquires sufficient interest to prevent development of the lands or to control the resource development of the lands (see RCW 36.70A.160).  

It seems likely that the city may allow some types of agricultural uses as permitted uses, among other permitted uses, in its open space zone district, with certain precautions.  Although the statutes prohibit designation of agricultural land of long-term commercial significance, we are not aware of any that specifically prohibits an agricultural use as permitted use within an open space zone.   In fact, the Stewart v. Washington State Boundary Review Board for King County case (100 Wn. App. 165, 996 P.2d 1087, 2000) notes that “nothing in the GMA prohibits inclusion of agricultural lands in an urban growth area.”

MRSC is of the opinion that, absent some existing contract to extend utility service to areas within the urban growth area, the city may, as a condition of providing utility service outside its limits, require that development within the area served conform to city land use standards. (Please note that if city standards are less restrictive than county standards, county agreement would be necessary).  Note RCW 36.70B.170, which authorizes a city to "enter into a development agreement for real property outside its boundaries as part of . . . a service agreement."  Those standards may not be less than the applicable county standards.

In short, the provision of utility services to property outside the city's limits would be contractual, the terms of the contract being the development agreement between the city and the developer. Outside of such a development agreement, there is little the city may do regarding compliance with city standards or the provision of impact fees, absent cooperation and agreement with the county. A city may also enter into an interlocal agreement with a county to apply city zoning and standards outside of the city and within the UGA. Thurston County has such an agreement with several of its cities. See also the MRSC Web pages on Growth Management Interlocal Agreements and Annexation and Growth Management Agreements - Revenue Sharing.

MRSC is of the opinion that, absent some existing contract to extend utility service to areas within the urban growth area, the city may, as a condition of providing utility service outside its limits, require that development within the area served conform to city land use standards. (Please note that if city standards are less restrictive than county standards, county agreement would be necessary).  Note RCW 36.70B.170, which authorizes a city to "enter into a development agreement for real property outside its boundaries as part of . . . a service agreement."  Those standards may not be less than the applicable county standards.

In short, the provision of utility services to property outside the city's limits would be contractual, the terms of the contract being the development agreement between the city and the developer. Outside of such a development agreement, there is little the city may do regarding compliance with city standards or the provision of impact fees, absent cooperation and agreement with the county. A city may also enter into an interlocal agreement with a county to apply city zoning and standards outside of the city and within the UGA. Thurston County has such an agreement with several of its cities. See also the MRSC Web pages on Growth Management Interlocal Agreements and Annexation and Growth Management Agreements - Revenue Sharing.

A number of communities are seeking to designate higher and lower priority areas for urban development (growth tiers) generally radiating out from the growth center.  Pierce County has designated three tiers (growth phases) within the urban growth area and an urban reserve area. Growth is directed first into the tiers where facilities and services are most readily available (generally located closer to the developed core).  Port Townsend, Enumclaw, Tacoma, and Lynnwood also have established growth tiers in their comprehensive plans.  Use of tiered urban growth areas or other phasing strategies also can help assure that concurrency requirements don't tend to push development outward into areas where roads and other infrastructure have greater capacity.

Several Washington and Oregon communities have used urban reserve or holding zones to ensure that certain areas do not develop prematurely (before adequate services are available and the land is needed for urban development).  The reserve zones are designed to assure that any limited development within reserve areas will not establish patterns that close off future urban development options.  These zones are typically found in counties within UGAs (and also outside of UGAs). Clark County, WA and some cities within the county have established urban holding zones within UGAs, applying 10 or 20 acre minimum lot sizes until concurrency requirements are met. The Western Washington Growth Management Hearings Board found the county's use of holding zones to be acceptable.

Communities such as Carlsbad, CA and Montgomery, MD also have a comprehensive and geographically-based approach to adequate public facilities provision.  Rather than designate several rings or tiers of development or planning areas, these communities designate a larger number of facility management zones or sub-areas where different policies and restrictions apply depending adequacy of facilities and services within the zones.

A similar focused infrastructure investment approach has been used in Oregon and Clark County, WA. With this approach, local government would provide off-site urban service facilities within the UGAs with the goal of adding fully served land to the urban land supply.  All such public investment would be focused in "focused public investment areas" (PIAs), within the UGAs.  If a developer wanted to develop outside the PIAs, even though still within the UGAs, the developer would need to provide all facilities at his/her own expense.  This approach has successfully worked to focus development in Salem, OR, which employs a similar technique.

A number of communities are seeking to designate higher and lower priority areas for urban development (growth tiers) generally radiating out from the growth center.  Pierce County has designated three tiers (growth phases) within the urban growth area and an urban reserve area. Growth is directed first into the tiers where facilities and services are most readily available (generally located closer to the developed core).  Port Townsend, Enumclaw, Tacoma, and Lynnwood also have established growth tiers in their comprehensive plans.  Use of tiered urban growth areas or other phasing strategies also can help assure that concurrency requirements don't tend to push development outward into areas where roads and other infrastructure have greater capacity.

Several Washington and Oregon communities have used urban reserve or holding zones to ensure that certain areas do not develop prematurely (before adequate services are available and the land is needed for urban development).  The reserve zones are designed to assure that any limited development within reserve areas will not establish patterns that close off future urban development options.  These zones are typically found in counties within UGAs (and also outside of UGAs). Clark County, WA and some cities within the county have established urban holding zones within UGAs, applying 10 or 20 acre minimum lot sizes until concurrency requirements are met. The Western Washington Growth Management Hearings Board found the county's use of holding zones to be acceptable.

Communities such as Carlsbad, CA and Montgomery, MD also have a comprehensive and geographically-based approach to adequate public facilities provision.  Rather than designate several rings or tiers of development or planning areas, these communities designate a larger number of facility management zones or sub-areas where different policies and restrictions apply depending adequacy of facilities and services within the zones.

A similar focused infrastructure investment approach has been used in Oregon and Clark County, WA. With this approach, local government would provide off-site urban service facilities within the UGAs with the goal of adding fully served land to the urban land supply.  All such public investment would be focused in "focused public investment areas" (PIAs), within the UGAs.  If a developer wanted to develop outside the PIAs, even though still within the UGAs, the developer would need to provide all facilities at his/her own expense.  This approach has successfully worked to focus development in Salem, OR, which employs a similar technique.

A number of communities are seeking to designate higher and lower priority areas for urban development (growth tiers) generally radiating out from the growth center.  Pierce County has designated three tiers (growth phases) within the urban growth area and an urban reserve area. Growth is directed first into the tiers where facilities and services are most readily available (generally located closer to the developed core).  Port Townsend, Enumclaw, Tacoma, and Lynnwood also have established growth tiers in their comprehensive plans.  Use of tiered urban growth areas or other phasing strategies also can help assure that concurrency requirements don't tend to push development outward into areas where roads and other infrastructure have greater capacity.

Several Washington and Oregon communities have used urban reserve or holding zones to ensure that certain areas do not develop prematurely (before adequate services are available and the land is needed for urban development).  The reserve zones are designed to assure that any limited development within reserve areas will not establish patterns that close off future urban development options.  These zones are typically found in counties within UGAs (and also outside of UGAs). Clark County, WA and some cities within the county have established urban holding zones within UGAs, applying 10 or 20 acre minimum lot sizes until concurrency requirements are met. The Western Washington Growth Management Hearings Board found the county's use of holding zones to be acceptable.

Communities such as Carlsbad, CA and Montgomery, MD also have a comprehensive and geographically-based approach to adequate public facilities provision.  Rather than designate several rings or tiers of development or planning areas, these communities designate a larger number of facility management zones or sub-areas where different policies and restrictions apply depending adequacy of facilities and services within the zones.

A similar focused infrastructure investment approach has been used in Oregon and Clark County, WA. With this approach, local government would provide off-site urban service facilities within the UGAs with the goal of adding fully served land to the urban land supply.  All such public investment would be focused in "focused public investment areas" (PIAs), within the UGAs.  If a developer wanted to develop outside the PIAs, even though still within the UGAs, the developer would need to provide all facilities at his/her own expense.  This approach has successfully worked to focus development in Salem, OR, which employs a similar technique.

Yes. RCW 36.70A.115 requires that comprehensive plans and development regulations provide sufficient land capacity for development. 

The GMA requires that cities reevaluate their UGAs at least every 8 years to assure a continued 20-year land supply (RCW 36.70A.130). In theory, if undevelopable lands have been excluded from the UGA, there should always be 12 to 20 times the supply needed to accommodate growth in any given year. This should be enough to provide market choice and to avoid pushing up land and housing costs. 

Recognizing that growth pressures and market conditions can change over the course of 20 years, it is important to monitor and reevaluate land supply more often than the 10 years required by the GMA. It may be desirable to review land supply every three years, if not annually, to avoid surprises. King, Pierce, Snohomish, Kitsap, Clark and Thurston counties, and the cities within these counties, must provide for annual collection of data on growth, development densities, and related information and evaluate such data at least every five years to assure that there is an adequate supply of buildable land to accomodate projected growth and meet county-wide planning policy objectives (RCW 36.70A.215). Some communities may not be able to monitor land supply regularly, or will not be confident about growth projections or land use information. RCW 36.70A.110(2) does allow counties to include "a reasonable land market supply factor" in sizing the UGA. The Central Puget Sound Growth Management Hearings Board has stated that if the market factor exceeds the land supply needed to accommodate OFM's 20-year growth projection by more than 25%, the board will increase its scrutiny of the UGA designation (Bremerton et al v. Kitsap County, CPSGMHB Case No. 95-3-0039c, FDO, 1995).  Several court cases discuss how a county must justify why the market factor is needed and how it was derived.  See, for instance, Diehl v. Mason County, 94 Wn. App. 645, 972 P.2d 543 (1999) and Thurston County v. Western Washington Growth Management Hearings Board, 137 Wn. App. 781 (4/3/2007). There appears to be no single right answer since growth pressures and the quality of land use data will vary from place to place. The answer may be to set a boundary that can be expanded and to monitor supply closely 

Yes. RCW 36.70A.115 requires that comprehensive plans and development regulations provide sufficient land capacity for development. 

The GMA requires that cities reevaluate their UGAs at least every 8 years to assure a continued 20-year land supply (RCW 36.70A.130). In theory, if undevelopable lands have been excluded from the UGA, there should always be 12 to 20 times the supply needed to accommodate growth in any given year. This should be enough to provide market choice and to avoid pushing up land and housing costs. 

Recognizing that growth pressures and market conditions can change over the course of 20 years, it is important to monitor and reevaluate land supply more often than the 10 years required by the GMA. It may be desirable to review land supply every three years, if not annually, to avoid surprises. King, Pierce, Snohomish, Kitsap, Clark and Thurston counties, and the cities within these counties, must provide for annual collection of data on growth, development densities, and related information and evaluate such data at least every five years to assure that there is an adequate supply of buildable land to accomodate projected growth and meet county-wide planning policy objectives (RCW 36.70A.215). Some communities may not be able to monitor land supply regularly, or will not be confident about growth projections or land use information. RCW 36.70A.110(2) does allow counties to include "a reasonable land market supply factor" in sizing the UGA. The Central Puget Sound Growth Management Hearings Board has stated that if the market factor exceeds the land supply needed to accommodate OFM's 20-year growth projection by more than 25%, the board will increase its scrutiny of the UGA designation (Bremerton et al v. Kitsap County, CPSGMHB Case No. 95-3-0039c, FDO, 1995).  Several court cases discuss how a county must justify why the market factor is needed and how it was derived.  See, for instance, Diehl v. Mason County, 94 Wn. App. 645, 972 P.2d 543 (1999) and Thurston County v. Western Washington Growth Management Hearings Board, 137 Wn. App. 781 (4/3/2007). There appears to be no single right answer since growth pressures and the quality of land use data will vary from place to place. The answer may be to set a boundary that can be expanded and to monitor supply closely 

RCW 36.70A.110, enacted as part of the GMA, indicates that urban growth areas are to be "[b]ased upon the population forecast made for the county by the office of financial management." OFM is to prepare a reasonable range for its population projections for counties, with the middle range representing the most likely population projection for the county. The county is the body that designates UGAs, and the statute mandates that the county must consult with cities in an attempt to reach agreement on the location of these urban growth areas. Based upon the OFM projections, the county and each city within the county shall include areas and densities sufficient to permit the urban growth that is projected to occur in the county or city for the succeeding twenty-year period, except for those urban growth areas contained totally within a national historical reserve.

RCW 36.70A.110 further states that

Each urban growth area shall permit urban densities and shall include greenbelt and open space areas. In the case of urban growth areas contained totally within a national historical reserve, the city may restrict densities, intensities, and forms of urban growth as determined to be necessary and appropriate to protect the physical, cultural, or historic integrity of the reserve. An urban growth area determination may include a reasonable land market supply factor and shall permit a range of urban densities and uses. In determining this market factor, cities and counties may consider local circumstances. Cities and counties have discretion in their comprehensive plans to make many choices about accommodating growth.

RCW 36.70A.110, enacted as part of the GMA, indicates that urban growth areas are to be "[b]ased upon the population forecast made for the county by the office of financial management." OFM is to prepare a reasonable range for its population projections for counties, with the middle range representing the most likely population projection for the county. The county is the body that designates UGAs, and the statute mandates that the county must consult with cities in an attempt to reach agreement on the location of these urban growth areas. Based upon the OFM projections, the county and each city within the county shall include areas and densities sufficient to permit the urban growth that is projected to occur in the county or city for the succeeding twenty-year period, except for those urban growth areas contained totally within a national historical reserve.

RCW 36.70A.110 further states that

Each urban growth area shall permit urban densities and shall include greenbelt and open space areas. In the case of urban growth areas contained totally within a national historical reserve, the city may restrict densities, intensities, and forms of urban growth as determined to be necessary and appropriate to protect the physical, cultural, or historic integrity of the reserve. An urban growth area determination may include a reasonable land market supply factor and shall permit a range of urban densities and uses. In determining this market factor, cities and counties may consider local circumstances. Cities and counties have discretion in their comprehensive plans to make many choices about accommodating growth.

Urban growth areas are those areas, designated by counties pursuant to RCW 36.70A.110, "within which urban growth shall be encouraged and outside of which growth can occur only if it is not urban in nature." Within these UGAs, growth will be encouraged and supported with adequate facilities. Areas outside of the UGAs will be reserved for primarily rural and resource uses.

All cities and towns in counties fully planning under the GMA are within the UGA. RCW 36.70A.110 further states that:

An urban growth area may include more than a single city. An urban growth area may include territory that is located outside of a city only if such territory already is characterized by urban growth whether or not the urban growth area includes a city, or is adjacent to territory already characterized by urban growth, or is a designated new fully contained community as defined by RCW 36.70A.350.

Urban growth areas are those areas, designated by counties pursuant to RCW 36.70A.110, "within which urban growth shall be encouraged and outside of which growth can occur only if it is not urban in nature." Within these UGAs, growth will be encouraged and supported with adequate facilities. Areas outside of the UGAs will be reserved for primarily rural and resource uses.

All cities and towns in counties fully planning under the GMA are within the UGA. RCW 36.70A.110 further states that:

An urban growth area may include more than a single city. An urban growth area may include territory that is located outside of a city only if such territory already is characterized by urban growth whether or not the urban growth area includes a city, or is adjacent to territory already characterized by urban growth, or is a designated new fully contained community as defined by RCW 36.70A.350.

While property owners must be allowed some reasonable use of their property, a city does have a right to change zoning in order to prevent a harm or protect critical areas, even if in so doing the property value is diminished.

Nevertheless, a city must carefully evaluate whether a proposed downzone might constitute an unconstitutional taking of private property. If application of critical area guidelines or regulations to a particular piece of property would prevent development on the property to such extent that the property owner is denied "all economically viable use of any parcel of regulated property," the city may be liable for damages for a taking of the property, whether the taking is temporary or permanent. Any environmental regulation should be based on a sound comprehensive planning process and supporting background studies.  See the MRSC Web page on regulatory takings for more information on this subject.  

The Central Puget Sound Growth Management Hearings Board concluded in Gutschmidt v. Mercer Island (CPGMHB No. 92-3-0006, Final Decision and Order, March 1993) that a city can adopt performance standards, rather than detailed prescriptive standards and mapping, to comply with GMA requirements for critical areas designation. For example, a city may require individual property owners to submit reports and surveys that enable the city staff to determine whether critical areas exist on the property. Instead of utilizing detailed mapping, a city may establish definitions and narratives that characterize what lands constitute critical areas.

Also, in Pilchuck Audubon Society v. Snohomish County (CPSGMHB No. 95-3-0047, Final Decision and Order, December 1995), the Central Puget Sound Growth Management Hearings Board stated that, where critical areas are known, cities and counties cannot rely solely upon performance standards to designate these areas.

The GMA does not add any specific notice and hearing requirements to the existing requirements with respect to adoption of development regulations such as a critical areas ordinance.

However, RCW 36.70A.140 requires that cities and counties planning under the act

establish and broadly disseminate to the public a public participation program identifying procedures providing for early and continuous public participation in the development and amendment of comprehensive land use plans and development regulations implementing such plans. The procedures shall provide for broad dissemination of proposals and alternatives, opportunity for written comments, public meetings after effective notice, provision for open discussion, communication programs, information services, and consideration of and response to public comments.

If the cityor county has a public participation plan in place, it should be followed. Otherwise, the city should follow the procedures established for adoption of development/zoning regulations. (See RCW 35.63.100, RCW 35.63.120, RCW 35A.63.070, RCW 35A.63.100, RCW 36.70.580, and RCW 36.70.590 for other notice and hearing requirements preceding GMA.)

The same basic guidelines should be followed when adopting amendments to the critical areas ordinance or other development regulations.

Yes.  A capital facilities plan is required before expending either the the first quarter percent REET funds, authorized by RCW 82.46.010(2) or the second quarter percent REET funds authorized by RCW 82.46.035.  Note that the rate at which it can be levied and the uses to which it may be put differs by city or county size and whether the city or county is planning under the Growth Management Act (GMA).  More detailed information on the real estate excise tax is available on a separate MRSC Web page. 

MRSC recommends that the capital facilities element plan be prepared for the entire urban growth area. This would seem to be in keeping with the intent of the Growth Management Act to help cities prepare for growth in their urban growth areas.

MRSC recommends that the capital facilities element plan be prepared for the entire urban growth area. This would seem to be in keeping with the intent of the Growth Management Act to help cities prepare for growth in their urban growth areas.

The following is a summary of city and county experiences with growth management interlocal agreements (as of  September 2003)  for development review and planning within the UGA. This information is based on interviews with city and county planners and on MRSC review of sample agreements.

Basic Advice - Keep the agreements simple and keep on talking - coordination and cooperation are essential, especially at the staff level (Olympia, Lynnwood). Douglas County recommends getting an agreement in place, even if it is not perfect, because the agreement can be amended as needed. Commitment to the provisions of the agreement is also essential and has been a problem in a few instances.

Counties and cities where interlocal growth management agreements are generally working particularly well:

• Douglas County - East Wenatchee
• Thurston County - Olympia, Tumwater and Lacey
• Whatcom County - Bellingham
• Yakima County - Yakima and Grandview

In most cases, cities are more positive about interlocals than counties, because the benefits to cities are more obvious, although counties can gain from revenue sharing agreements as well. The agreement typically clarifies and in some cases simplifies the annexation process, which brings more revenue to the city and results in a loss of county tax base. The interlocals require counties to implement city policies and standards and typically complicate the county's development review process. The interlocal agreement process also works more smoothly in smaller counties with fewer cities and towns because less coordination is involved and development review processes are typically simpler. Some counties, such as Snohomish and Pierce, have very large unincorporated UGAs, which further complicate the situation. King County, by contrast, has less unincorporated land in the UGAs, partly due to new incorporations since the GMA was enacted.

In Douglas County, the success of the interlocal agreement with East Wenatchee has provided a stepping stone to other cooperative efforts between the city and county.

Coordination

Coordination at the planning staff level is generally good (Skagit, Whatcom, Thurston, Yakima, others). In Thurston County, city and county department heads meet once a month; staff meet as needed (sometimes weekly to review major development projects). The city staff acts as consultant to the county. In Snohomish County, Snohomish County Tomorrow is a collaborative interjurisdictional forum that includes representatives from all cities, the county and the Tulalip tribe. The planning directors meet monthly.

Continuity of Support from Elected Officials

Changes in elected officials have been problematic for interlocal growth management agreements in many counties; county support for the interlocals is essential and is difficult to obtain because county officials view the interlocal as a loss of control (as well as lost revenue when annexation occurs). There is an issue of representation. Unincorporated UGA residents vote for county commissioners or councilmembers but are essentially being regulated by city councils if the county follows city standards in the UGA.

County Permit Processing using City Standards

In most cases when interlocal agreements are adopted, the county processes development permits using city standards, although Snohomish County and Whatcom County are exceptions. Some counties would like to develop a single set of urban standards for all unincorporated UGAs for cities within the county. Snohomish County has developed uniform urban standards for unincorporated UGAs, but there is an issue with design guide ines from cities that have not been adopted by the county. (Snohomish County's standards are not yet adopted.) Snohomish County also has an urban centers demonstration code that has been very well received and is being implemented on a voluntary basis in two areas within the county's southwest UGA. This code encourages mixed-use development at urban densities and provides some flexibility for innovative transit-oriented urban development projects. (See Snohomish County Code, Chapter 30.34A - Urban Centers Demonstration Program ( in Title 30).

In Thurston County, Lacey, Tumwater and Olympia each provided 75% of the funding for a draft county ordinance addressing each of their respective development standards. The use of city standards is important so that the new development in the UGA, which will eventually become part of the city, will have the look and feel of city development. Having the same street standards is especially important. Without similar standards, it would likely be less expensive to build in unincorporated UGAs, and this would encourage sprawl rather than the compact urban growth as envisioned by the GMA. One of the problems has been getting city and county fire departments to accept the same standards.

In the Bellingham UGA in Whatcom County, certain city standards have been used for some permits (such as subdivisions) but not others (building permits). Bellingham has a history of extending sewer and water service outside the city boundaries. In the future, Bellingham will require new development in its unincorporated UGA to meet city standards in order to extend services or only rural densities will be allowed.

Common service standards are more of problem for large counties which must deal with varying city standards for the multiple city UGAs within a single county. Some counties wish that they had developed a single county-wide standard for urban development outside cities rather than adopting the standards of each individual city (Skagit and Thurston).

Common Zoning

This is similar to the standards issue. Zoning districts vary among jurisdictions, and this has also been problematic for counties when varying city zoning districts and/or development standards are adopted within the UGA. Most counties retain the county zoning in the unincorporated UGA until the time of annexation, but Thurston County is an exception. Thurston County has adopted city zoning regulations within UGA but would have preferred a single set of urban zoning districts for all unincorporated UGAs to simplify administration. Thurston has also developed a single county-wide zoning standard for home occupations and cell towers.

Interlocal Agreements Will Not Solve All Growth Management Issues between a County and its Cities

In some cases cities and counties haven't been able to reach agreement on service standards, revenue sharing or other issues, and have agreed to disagree. (For instance, Thurston County did not adopt Olympia's park plan). Adjustment is needed as plans and development regulations change, and actual development occurs.

Revenue Sharing

One of the big stumbling blocks is the issue of revenue-sharing between cities and the county (Clallam, Snohomish, Thurston, Whatcom, and Yakima). So far, this has mostly been handled on a case-by-case basis associated with a particular annexation request, such as in the case of city contribution for a major county capital improvement, such as a road project. The East Wenatchee - Douglas County interlocal agreement , and the Walla Walla City and County Urban Area Growth Management Agreement ( 1.8 MB) are among the few that address revenue sharing. Douglas County is pleased with the fact that the interlocal agreement recognizes county financial interests. The mediated revenue sharing agreement between Moses Lake and Grant County is another example. The Clark County-Vancouver agreements for the Van Mall development are a good example of past revenue sharing agreements.

For more information, MRSC has a Web page that addresses Annexation and Growth Management Agreements - Revenue Sharing .

The issue of assessing impact fees to finance services within a city's unincorporated UGA is sometimes problematic because counties are generally more reluctant than cities to impose impact fees.

Annexation Issues

Annexation is a problem because it has not occurred as quickly as anticipated in most counties. Some of this is due to boundary review boards (BRBs) and their requirements. The boundary review board is a particular problem in Skagit County. BRBs have been used as a way to organize opposition to annexation (Skagit County). There also is a need for a simplified approach to annexation for unincorporated islands (Thurston County). (Note: There is a new law (SHB 1755) that provides for an alternative approach to the annexation of unincorporated islands. This option provides for an interlocal agreement between the county and city and is only available in counties subject to buildable lands review and evaluation under the GMA.)

Snohomish County has developed a master interlocal agreement for annexation and prepares an interlocal agreement with a city when an annexation involves 50 acres or more.

Some cities will not extend sewer and water service to unincorporated areas without annexation (Snohomish, Skagit). This may reflect the aftermath of the Moses Lake decision, because many cities used outside utility agreement prior to the court decision. There is a potential impasse in Skagit County related to a pending Growth Management Hearings Board decision (Anacortes). Because the Skagit County BRB is a major impediment to annexation, in the future Skagit County may not allow construction in UGAs until annexation occurs. This may place the onus on the developer rather than the city to move forward with annexation.

In Douglas County, an annexation to East Wenatchee was approved by a large majority at an election. The county planning director feels that the cooperative attitudes between the city and the county, including the interlocal agreement, have had a lot to do with strong local support.

The adoption of interlocal agreements in King County has not proceeded as originally envisioned.  Instead, the county has adopted a map showing annexation areas as part of countywide planning policies. This has helped to resolve overlapping annexation areas and identify gaps in unincorporated UGAs. From the county's perspective, this is a much simpler approach than adopting multiple interlocals, since King County and a number of its cities had reached a deadlock in developing interlocal agreements. In 2003, King County offered a one-time financial incentive to cities to annex unincorporated urban islands .

In 2003, Snohomish County was in the process of adopting a map of annexation area boundaries for the nine cities in the Southwest County UGA. This was a several-year process involving extensive coordination between the county and the cities.

Also see "Annexations Under the Growth Management Act: Barriers and Potential Solutions," Washington State Department of Commerce (formerly Department of Community, Trade and Economic Development), December 2004.

Subarea Planning

Until recently Snohomish County was preparing subarea plans within its unincorporated UGAs and processing development permits within the unincorporated UGAs using county standards. In general, the subarea planning process was contentious and unwieldy The county stopped developing subarea plans within unincorporated UGAs associated with cities and is relying on the cities to do this planning instead.

Staff Transfers

Another issue involves transferring staff as part of the annexation process. This is a somewhat touchy issue and is relatively untested at this point. In 1996, Clark County and Vancouver signed a memorandum of understanding regarding interagency personnel transfers for a large annexation area.

Other Issues

Another more minor concern is the transfer of county records to the annexing city (Douglas County). According to public records retention requirements, county records must remain with the county even though the city needs the information for annexed property. In Douglas County, the city is responsible for copying files or requested records.

Skagit County has a procedure for six-month updates to city regulations and UGA boundaries to keep boundaries and standards up-to-date. This has been a record-keeping nightmare for the county.

In Whatcom County, the agreement with Bellingham is amended every time a new annexation occurs.

Jurisdictions are using plan updates as a time to refine interlocal agreements for UGAs. In Douglas County, all cities are working with the county to develop a joint plan as part of the plan update.

Sample Agreements

Here are some Web links that may interest you, including links to some of the agreements discussed above. The MRSC Web pages contain many newer agreements.

• Interlocal Agreements, MRSC
• Intergovernmental Cooperation, MRSC
• Growth Management Interlocal Agreements, MRSC
• Annexation and Growth Management Agreements related to Revenue Sharing , MRSC
• Local Governments Posting Interlocal Agreements on the Internet, MRSC
• MRSC Index: Planning: Intergovernmental coordination, agreements, couty-wide policies 
• Snohomish County Model Master Annexation Interlocal Agreement ( 56 KB)
• Airport Road Annexation Agreement between Everett and Snohomish County ( 697 KB)

Douglas County

Interlocal agreement between East Wenatchee and Douglas County regarding annexation delivery of services and revenue sharing 

King County

Interlocal agreement between King County and Auburn related to potential annexation area designation and future service provision ( 240 KB)

Skagit County

Skagit County and Anacortes Interlocal Agreement

Whatcom County

Bellingham and Whatcom County Interlocal Agreement ( 3.2 MB)

The following is a summary of city and county experiences with growth management interlocal agreements (as of  September 2003)  for development review and planning within the UGA. This information is based on interviews with city and county planners and on MRSC review of sample agreements.

Basic Advice - Keep the agreements simple and keep on talking - coordination and cooperation are essential, especially at the staff level (Olympia, Lynnwood). Douglas County recommends getting an agreement in place, even if it is not perfect, because the agreement can be amended as needed. Commitment to the provisions of the agreement is also essential and has been a problem in a few instances.

Counties and cities where interlocal growth management agreements are generally working particularly well:

• Douglas County - East Wenatchee
• Thurston County - Olympia, Tumwater and Lacey
• Whatcom County - Bellingham
• Yakima County - Yakima and Grandview

In most cases, cities are more positive about interlocals than counties, because the benefits to cities are more obvious, although counties can gain from revenue sharing agreements as well. The agreement typically clarifies and in some cases simplifies the annexation process, which brings more revenue to the city and results in a loss of county tax base. The interlocals require counties to implement city policies and standards and typically complicate the county's development review process. The interlocal agreement process also works more smoothly in smaller counties with fewer cities and towns because less coordination is involved and development review processes are typically simpler. Some counties, such as Snohomish and Pierce, have very large unincorporated UGAs, which further complicate the situation. King County, by contrast, has less unincorporated land in the UGAs, partly due to new incorporations since the GMA was enacted.

In Douglas County, the success of the interlocal agreement with East Wenatchee has provided a stepping stone to other cooperative efforts between the city and county.

Coordination

Coordination at the planning staff level is generally good (Skagit, Whatcom, Thurston, Yakima, others). In Thurston County, city and county department heads meet once a month; staff meet as needed (sometimes weekly to review major development projects). The city staff acts as consultant to the county. In Snohomish County, Snohomish County Tomorrow is a collaborative interjurisdictional forum that includes representatives from all cities, the county and the Tulalip tribe. The planning directors meet monthly.

Continuity of Support from Elected Officials

Changes in elected officials have been problematic for interlocal growth management agreements in many counties; county support for the interlocals is essential and is difficult to obtain because county officials view the interlocal as a loss of control (as well as lost revenue when annexation occurs). There is an issue of representation. Unincorporated UGA residents vote for county commissioners or councilmembers but are essentially being regulated by city councils if the county follows city standards in the UGA.

County Permit Processing using City Standards

In most cases when interlocal agreements are adopted, the county processes development permits using city standards, although Snohomish County and Whatcom County are exceptions. Some counties would like to develop a single set of urban standards for all unincorporated UGAs for cities within the county. Snohomish County has developed uniform urban standards for unincorporated UGAs, but there is an issue with design guide ines from cities that have not been adopted by the county. (Snohomish County's standards are not yet adopted.) Snohomish County also has an urban centers demonstration code that has been very well received and is being implemented on a voluntary basis in two areas within the county's southwest UGA. This code encourages mixed-use development at urban densities and provides some flexibility for innovative transit-oriented urban development projects. (See Snohomish County Code, Chapter 30.34A - Urban Centers Demonstration Program ( in Title 30).

In Thurston County, Lacey, Tumwater and Olympia each provided 75% of the funding for a draft county ordinance addressing each of their respective development standards. The use of city standards is important so that the new development in the UGA, which will eventually become part of the city, will have the look and feel of city development. Having the same street standards is especially important. Without similar standards, it would likely be less expensive to build in unincorporated UGAs, and this would encourage sprawl rather than the compact urban growth as envisioned by the GMA. One of the problems has been getting city and county fire departments to accept the same standards.

In the Bellingham UGA in Whatcom County, certain city standards have been used for some permits (such as subdivisions) but not others (building permits). Bellingham has a history of extending sewer and water service outside the city boundaries. In the future, Bellingham will require new development in its unincorporated UGA to meet city standards in order to extend services or only rural densities will be allowed.

Common service standards are more of problem for large counties which must deal with varying city standards for the multiple city UGAs within a single county. Some counties wish that they had developed a single county-wide standard for urban development outside cities rather than adopting the standards of each individual city (Skagit and Thurston).

Common Zoning

This is similar to the standards issue. Zoning districts vary among jurisdictions, and this has also been problematic for counties when varying city zoning districts and/or development standards are adopted within the UGA. Most counties retain the county zoning in the unincorporated UGA until the time of annexation, but Thurston County is an exception. Thurston County has adopted city zoning regulations within UGA but would have preferred a single set of urban zoning districts for all unincorporated UGAs to simplify administration. Thurston has also developed a single county-wide zoning standard for home occupations and cell towers.

Interlocal Agreements Will Not Solve All Growth Management Issues between a County and its Cities

In some cases cities and counties haven't been able to reach agreement on service standards, revenue sharing or other issues, and have agreed to disagree. (For instance, Thurston County did not adopt Olympia's park plan). Adjustment is needed as plans and development regulations change, and actual development occurs.

Revenue Sharing

One of the big stumbling blocks is the issue of revenue-sharing between cities and the county (Clallam, Snohomish, Thurston, Whatcom, and Yakima). So far, this has mostly been handled on a case-by-case basis associated with a particular annexation request, such as in the case of city contribution for a major county capital improvement, such as a road project. The East Wenatchee - Douglas County interlocal agreement , and the Walla Walla City and County Urban Area Growth Management Agreement ( 1.8 MB) are among the few that address revenue sharing. Douglas County is pleased with the fact that the interlocal agreement recognizes county financial interests. The mediated revenue sharing agreement between Moses Lake and Grant County is another example. The Clark County-Vancouver agreements for the Van Mall development are a good example of past revenue sharing agreements.

For more information, MRSC has a Web page that addresses Annexation and Growth Management Agreements - Revenue Sharing .

The issue of assessing impact fees to finance services within a city's unincorporated UGA is sometimes problematic because counties are generally more reluctant than cities to impose impact fees.

Annexation Issues

Annexation is a problem because it has not occurred as quickly as anticipated in most counties. Some of this is due to boundary review boards (BRBs) and their requirements. The boundary review board is a particular problem in Skagit County. BRBs have been used as a way to organize opposition to annexation (Skagit County). There also is a need for a simplified approach to annexation for unincorporated islands (Thurston County). (Note: There is a new law (SHB 1755) that provides for an alternative approach to the annexation of unincorporated islands. This option provides for an interlocal agreement between the county and city and is only available in counties subject to buildable lands review and evaluation under the GMA.)

Snohomish County has developed a master interlocal agreement for annexation and prepares an interlocal agreement with a city when an annexation involves 50 acres or more.

Some cities will not extend sewer and water service to unincorporated areas without annexation (Snohomish, Skagit). This may reflect the aftermath of the Moses Lake decision, because many cities used outside utility agreement prior to the court decision. There is a potential impasse in Skagit County related to a pending Growth Management Hearings Board decision (Anacortes). Because the Skagit County BRB is a major impediment to annexation, in the future Skagit County may not allow construction in UGAs until annexation occurs. This may place the onus on the developer rather than the city to move forward with annexation.

In Douglas County, an annexation to East Wenatchee was approved by a large majority at an election. The county planning director feels that the cooperative attitudes between the city and the county, including the interlocal agreement, have had a lot to do with strong local support.

The adoption of interlocal agreements in King County has not proceeded as originally envisioned.  Instead, the county has adopted a map showing annexation areas as part of countywide planning policies. This has helped to resolve overlapping annexation areas and identify gaps in unincorporated UGAs. From the county's perspective, this is a much simpler approach than adopting multiple interlocals, since King County and a number of its cities had reached a deadlock in developing interlocal agreements. In 2003, King County offered a one-time financial incentive to cities to annex unincorporated urban islands .

In 2003, Snohomish County was in the process of adopting a map of annexation area boundaries for the nine cities in the Southwest County UGA. This was a several-year process involving extensive coordination between the county and the cities.

Also see "Annexations Under the Growth Management Act: Barriers and Potential Solutions," Washington State Department of Commerce (formerly Department of Community, Trade and Economic Development), December 2004.

Subarea Planning

Until recently Snohomish County was preparing subarea plans within its unincorporated UGAs and processing development permits within the unincorporated UGAs using county standards. In general, the subarea planning process was contentious and unwieldy The county stopped developing subarea plans within unincorporated UGAs associated with cities and is relying on the cities to do this planning instead.

Staff Transfers

Another issue involves transferring staff as part of the annexation process. This is a somewhat touchy issue and is relatively untested at this point. In 1996, Clark County and Vancouver signed a memorandum of understanding regarding interagency personnel transfers for a large annexation area.

Other Issues

Another more minor concern is the transfer of county records to the annexing city (Douglas County). According to public records retention requirements, county records must remain with the county even though the city needs the information for annexed property. In Douglas County, the city is responsible for copying files or requested records.

Skagit County has a procedure for six-month updates to city regulations and UGA boundaries to keep boundaries and standards up-to-date. This has been a record-keeping nightmare for the county.

In Whatcom County, the agreement with Bellingham is amended every time a new annexation occurs.

Jurisdictions are using plan updates as a time to refine interlocal agreements for UGAs. In Douglas County, all cities are working with the county to develop a joint plan as part of the plan update.

Sample Agreements

Here are some Web links that may interest you, including links to some of the agreements discussed above. The MRSC Web pages contain many newer agreements.

• Interlocal Agreements, MRSC
• Intergovernmental Cooperation, MRSC
• Growth Management Interlocal Agreements, MRSC
• Annexation and Growth Management Agreements related to Revenue Sharing , MRSC
• Local Governments Posting Interlocal Agreements on the Internet, MRSC
• MRSC Index: Planning: Intergovernmental coordination, agreements, couty-wide policies 
• Snohomish County Model Master Annexation Interlocal Agreement ( 56 KB)
• Airport Road Annexation Agreement between Everett and Snohomish County ( 697 KB)

Douglas County

Interlocal agreement between East Wenatchee and Douglas County regarding annexation delivery of services and revenue sharing 

King County

Interlocal agreement between King County and Auburn related to potential annexation area designation and future service provision ( 240 KB)

Skagit County

Skagit County and Anacortes Interlocal Agreement

Whatcom County

Bellingham and Whatcom County Interlocal Agreement ( 3.2 MB)

The following is a summary of city and county experiences with growth management interlocal agreements (as of  September 2003)  for development review and planning within the UGA. This information is based on interviews with city and county planners and on MRSC review of sample agreements.

Basic Advice - Keep the agreements simple and keep on talking - coordination and cooperation are essential, especially at the staff level (Olympia, Lynnwood). Douglas County recommends getting an agreement in place, even if it is not perfect, because the agreement can be amended as needed. Commitment to the provisions of the agreement is also essential and has been a problem in a few instances.

Counties and cities where interlocal growth management agreements are generally working particularly well:

• Douglas County - East Wenatchee
• Thurston County - Olympia, Tumwater and Lacey
• Whatcom County - Bellingham
• Yakima County - Yakima and Grandview

In most cases, cities are more positive about interlocals than counties, because the benefits to cities are more obvious, although counties can gain from revenue sharing agreements as well. The agreement typically clarifies and in some cases simplifies the annexation process, which brings more revenue to the city and results in a loss of county tax base. The interlocals require counties to implement city policies and standards and typically complicate the county's development review process. The interlocal agreement process also works more smoothly in smaller counties with fewer cities and towns because less coordination is involved and development review processes are typically simpler. Some counties, such as Snohomish and Pierce, have very large unincorporated UGAs, which further complicate the situation. King County, by contrast, has less unincorporated land in the UGAs, partly due to new incorporations since the GMA was enacted.

In Douglas County, the success of the interlocal agreement with East Wenatchee has provided a stepping stone to other cooperative efforts between the city and county.

Coordination

Coordination at the planning staff level is generally good (Skagit, Whatcom, Thurston, Yakima, others). In Thurston County, city and county department heads meet once a month; staff meet as needed (sometimes weekly to review major development projects). The city staff acts as consultant to the county. In Snohomish County, Snohomish County Tomorrow is a collaborative interjurisdictional forum that includes representatives from all cities, the county and the Tulalip tribe. The planning directors meet monthly.

Continuity of Support from Elected Officials

Changes in elected officials have been problematic for interlocal growth management agreements in many counties; county support for the interlocals is essential and is difficult to obtain because county officials view the interlocal as a loss of control (as well as lost revenue when annexation occurs). There is an issue of representation. Unincorporated UGA residents vote for county commissioners or councilmembers but are essentially being regulated by city councils if the county follows city standards in the UGA.

County Permit Processing using City Standards

In most cases when interlocal agreements are adopted, the county processes development permits using city standards, although Snohomish County and Whatcom County are exceptions. Some counties would like to develop a single set of urban standards for all unincorporated UGAs for cities within the county. Snohomish County has developed uniform urban standards for unincorporated UGAs, but there is an issue with design guide ines from cities that have not been adopted by the county. (Snohomish County's standards are not yet adopted.) Snohomish County also has an urban centers demonstration code that has been very well received and is being implemented on a voluntary basis in two areas within the county's southwest UGA. This code encourages mixed-use development at urban densities and provides some flexibility for innovative transit-oriented urban development projects. (See Snohomish County Code, Chapter 30.34A - Urban Centers Demonstration Program ( in Title 30).

In Thurston County, Lacey, Tumwater and Olympia each provided 75% of the funding for a draft county ordinance addressing each of their respective development standards. The use of city standards is important so that the new development in the UGA, which will eventually become part of the city, will have the look and feel of city development. Having the same street standards is especially important. Without similar standards, it would likely be less expensive to build in unincorporated UGAs, and this would encourage sprawl rather than the compact urban growth as envisioned by the GMA. One of the problems has been getting city and county fire departments to accept the same standards.

In the Bellingham UGA in Whatcom County, certain city standards have been used for some permits (such as subdivisions) but not others (building permits). Bellingham has a history of extending sewer and water service outside the city boundaries. In the future, Bellingham will require new development in its unincorporated UGA to meet city standards in order to extend services or only rural densities will be allowed.

Common service standards are more of problem for large counties which must deal with varying city standards for the multiple city UGAs within a single county. Some counties wish that they had developed a single county-wide standard for urban development outside cities rather than adopting the standards of each individual city (Skagit and Thurston).

Common Zoning

This is similar to the standards issue. Zoning districts vary among jurisdictions, and this has also been problematic for counties when varying city zoning districts and/or development standards are adopted within the UGA. Most counties retain the county zoning in the unincorporated UGA until the time of annexation, but Thurston County is an exception. Thurston County has adopted city zoning regulations within UGA but would have preferred a single set of urban zoning districts for all unincorporated UGAs to simplify administration. Thurston has also developed a single county-wide zoning standard for home occupations and cell towers.

Interlocal Agreements Will Not Solve All Growth Management Issues between a County and its Cities

In some cases cities and counties haven't been able to reach agreement on service standards, revenue sharing or other issues, and have agreed to disagree. (For instance, Thurston County did not adopt Olympia's park plan). Adjustment is needed as plans and development regulations change, and actual development occurs.

Revenue Sharing

One of the big stumbling blocks is the issue of revenue-sharing between cities and the county (Clallam, Snohomish, Thurston, Whatcom, and Yakima). So far, this has mostly been handled on a case-by-case basis associated with a particular annexation request, such as in the case of city contribution for a major county capital improvement, such as a road project. The East Wenatchee - Douglas County interlocal agreement , and the Walla Walla City and County Urban Area Growth Management Agreement ( 1.8 MB) are among the few that address revenue sharing. Douglas County is pleased with the fact that the interlocal agreement recognizes county financial interests. The mediated revenue sharing agreement between Moses Lake and Grant County is another example. The Clark County-Vancouver agreements for the Van Mall development are a good example of past revenue sharing agreements.

For more information, MRSC has a Web page that addresses Annexation and Growth Management Agreements - Revenue Sharing .

The issue of assessing impact fees to finance services within a city's unincorporated UGA is sometimes problematic because counties are generally more reluctant than cities to impose impact fees.

Annexation Issues

Annexation is a problem because it has not occurred as quickly as anticipated in most counties. Some of this is due to boundary review boards (BRBs) and their requirements. The boundary review board is a particular problem in Skagit County. BRBs have been used as a way to organize opposition to annexation (Skagit County). There also is a need for a simplified approach to annexation for unincorporated islands (Thurston County). (Note: There is a new law (SHB 1755) that provides for an alternative approach to the annexation of unincorporated islands. This option provides for an interlocal agreement between the county and city and is only available in counties subject to buildable lands review and evaluation under the GMA.)

Snohomish County has developed a master interlocal agreement for annexation and prepares an interlocal agreement with a city when an annexation involves 50 acres or more.

Some cities will not extend sewer and water service to unincorporated areas without annexation (Snohomish, Skagit). This may reflect the aftermath of the Moses Lake decision, because many cities used outside utility agreement prior to the court decision. There is a potential impasse in Skagit County related to a pending Growth Management Hearings Board decision (Anacortes). Because the Skagit County BRB is a major impediment to annexation, in the future Skagit County may not allow construction in UGAs until annexation occurs. This may place the onus on the developer rather than the city to move forward with annexation.

In Douglas County, an annexation to East Wenatchee was approved by a large majority at an election. The county planning director feels that the cooperative attitudes between the city and the county, including the interlocal agreement, have had a lot to do with strong local support.

The adoption of interlocal agreements in King County has not proceeded as originally envisioned.  Instead, the county has adopted a map showing annexation areas as part of countywide planning policies. This has helped to resolve overlapping annexation areas and identify gaps in unincorporated UGAs. From the county's perspective, this is a much simpler approach than adopting multiple interlocals, since King County and a number of its cities had reached a deadlock in developing interlocal agreements. In 2003, King County offered a one-time financial incentive to cities to annex unincorporated urban islands .

In 2003, Snohomish County was in the process of adopting a map of annexation area boundaries for the nine cities in the Southwest County UGA. This was a several-year process involving extensive coordination between the county and the cities.

Also see "Annexations Under the Growth Management Act: Barriers and Potential Solutions," Washington State Department of Commerce (formerly Department of Community, Trade and Economic Development), December 2004.

Subarea Planning

Until recently Snohomish County was preparing subarea plans within its unincorporated UGAs and processing development permits within the unincorporated UGAs using county standards. In general, the subarea planning process was contentious and unwieldy The county stopped developing subarea plans within unincorporated UGAs associated with cities and is relying on the cities to do this planning instead.

Staff Transfers

Another issue involves transferring staff as part of the annexation process. This is a somewhat touchy issue and is relatively untested at this point. In 1996, Clark County and Vancouver signed a memorandum of understanding regarding interagency personnel transfers for a large annexation area.

Other Issues

Another more minor concern is the transfer of county records to the annexing city (Douglas County). According to public records retention requirements, county records must remain with the county even though the city needs the information for annexed property. In Douglas County, the city is responsible for copying files or requested records.

Skagit County has a procedure for six-month updates to city regulations and UGA boundaries to keep boundaries and standards up-to-date. This has been a record-keeping nightmare for the county.

In Whatcom County, the agreement with Bellingham is amended every time a new annexation occurs.

Jurisdictions are using plan updates as a time to refine interlocal agreements for UGAs. In Douglas County, all cities are working with the county to develop a joint plan as part of the plan update.

Sample Agreements

Here are some Web links that may interest you, including links to some of the agreements discussed above. The MRSC Web pages contain many newer agreements.

• Interlocal Agreements, MRSC
• Intergovernmental Cooperation, MRSC
• Growth Management Interlocal Agreements, MRSC
• Annexation and Growth Management Agreements related to Revenue Sharing , MRSC
• Local Governments Posting Interlocal Agreements on the Internet, MRSC
• MRSC Index: Planning: Intergovernmental coordination, agreements, couty-wide policies 
• Snohomish County Model Master Annexation Interlocal Agreement ( 56 KB)
• Airport Road Annexation Agreement between Everett and Snohomish County ( 697 KB)

Douglas County

Interlocal agreement between East Wenatchee and Douglas County regarding annexation delivery of services and revenue sharing 

King County

Interlocal agreement between King County and Auburn related to potential annexation area designation and future service provision ( 240 KB)

Skagit County

Skagit County and Anacortes Interlocal Agreement

Whatcom County

Bellingham and Whatcom County Interlocal Agreement ( 3.2 MB)

Although the Growth Management Act (GMA) contemplates that a city is the appropriate provider of utility services within its Urban Growth Area (UGA), the city is not obligated by the GMA to so provide at any particular time. A city likely wants to control how and when urban growth occurs within the UGA. So, providing or not providing urban services is a basic tool of this control. There is no language in the GMA that takes this tool away from cities or that obligates cities to provide urban services to an area on demand simply because it is within the UGA.

Nevertheless, a city may be obligated to provide utility (water or sewer) service outside its boundaries but within the UGA based on rules developed by case law. The general rule is that, in the absence of a contract, express or implied, a municipality cannot be compelled to supply water outside its boundaries. Brookens v. Yakima, 15 Wn. App. 464, 466 (1976). So, if there is an express contract to provide utility service, a city is contractually obligated to provide that service. An implied contract can arise "where a municipality holds itself out as a public utility willing to supply all those who request service in a general area." Brookens, 15 Wn. App. at 466-67. A city may also have a duty to supply water or sewer service "where a city is the exclusive supplier of sewer or water service in a region extending beyond the borders of the city." Yakima County Fire Prot. Dist. No. 12 v. City of Yakima, 122 Wn.2d 371, 381-82 (1993).

But that duty, if it arises, is not absolute; a city may deny water or sewer services if it lacks the needed capacity. Yakima Fire Prot. Dist., 122 Wn.2d at 382. Also, the duty to provide the service is "subject to such reasonable conditions, if any, as the law may allow." Id. An example of such a reasonable condition, as was presented in the Yakima case, is that the property owner agree to annexation.

A case where a Washington appellate court found a duty to supply utility service within the entire UGA was in Nolte v. City of Olympia, 96 Wn. App. 944 (1999), where the city admitted that it was the sole provider of water and sewer service to the UGA.

The bottom line answer is "it depends." The fact that the city's adopted water and sewer service area plans are defined as their UGA boundaries may be a factor in favor of there being a duty to supply those services.

Although the Growth Management Act (GMA) contemplates that a city is the appropriate provider of utility services within its Urban Growth Area (UGA), the city is not obligated by the GMA to so provide at any particular time. A city likely wants to control how and when urban growth occurs within the UGA. So, providing or not providing urban services is a basic tool of this control. There is no language in the GMA that takes this tool away from cities or that obligates cities to provide urban services to an area on demand simply because it is within the UGA.

Nevertheless, a city may be obligated to provide utility (water or sewer) service outside its boundaries but within the UGA based on rules developed by case law. The general rule is that, in the absence of a contract, express or implied, a municipality cannot be compelled to supply water outside its boundaries. Brookens v. Yakima, 15 Wn. App. 464, 466 (1976). So, if there is an express contract to provide utility service, a city is contractually obligated to provide that service. An implied contract can arise "where a municipality holds itself out as a public utility willing to supply all those who request service in a general area." Brookens, 15 Wn. App. at 466-67. A city may also have a duty to supply water or sewer service "where a city is the exclusive supplier of sewer or water service in a region extending beyond the borders of the city." Yakima County Fire Prot. Dist. No. 12 v. City of Yakima, 122 Wn.2d 371, 381-82 (1993).

But that duty, if it arises, is not absolute; a city may deny water or sewer services if it lacks the needed capacity. Yakima Fire Prot. Dist., 122 Wn.2d at 382. Also, the duty to provide the service is "subject to such reasonable conditions, if any, as the law may allow." Id. An example of such a reasonable condition, as was presented in the Yakima case, is that the property owner agree to annexation.

A case where a Washington appellate court found a duty to supply utility service within the entire UGA was in Nolte v. City of Olympia, 96 Wn. App. 944 (1999), where the city admitted that it was the sole provider of water and sewer service to the UGA.

The bottom line answer is "it depends." The fact that the city's adopted water and sewer service area plans are defined as their UGA boundaries may be a factor in favor of there being a duty to supply those services.

The following counties are required to plan under GMA: Chelan, Clallam, Clark, Grant, Island, Jefferson, King, Kitsap, Lewis, Mason, Pierce, San Juan, Skagit, Snohomish, Spokane, Thurston, Whatcom, Yakima

The following counties are voluntarily planning under the GMA: Benton, Columbia, Douglas, Ferry, Franklin, Garfield, Kittitas, Pacific, Pend Oreille, Stevens, Walla Walla

The following counties are not planning under GMA: Adams, Asotin, Cowlitz, Grays Harbor, Klickitat, Lincoln, Okanogan, Skamania, Wahkiakum, Whitman

You might want to contact some of the counties that are voluntarily planning under the GMA to ask them about their experience. Two that we would recommend are Douglas and Walla Walla counties.

The following are links to information regarding growth management in Washington State:

• "A Short Course on Local Planning," July 2009, Planning Association of Washington and Washington State Department of Commerce (see "Chapter 3. Growth Management")
• "The Growth Management Act: An Overview," Washington State Department of Commerce (formerly Department of Community,Trade and Economic Development - CTED), Fact Sheet – Brochure
• "Overview of the Growth Management Act," Washington State Department of Commerce (formerly CTED)
• "What is a Comprehensive Plan?" Washington State Department of Commerce (formerly  CTED)
• "GMA 101: Planning Under the Growth Management Act," Washington State Department of Commerce (formerly  CTED)
• "How Growth Management Helps Communities Achieve their Goals, Reports from Local and State Leaders," Washington State Department of Commerce (formerly CTED), Sept. 2006
• "Creating Livable Communities: Managing Washington’s Growth for 15 Years (Growth Management 15 Year Report)," Washington State Department of Commerce (formerly CTED), June 2006
• Success Stories: The Governor's Smart Communities Awards, Washington State Department of Commerce (formerly CTED).  
• "Achieving Growth Management Goals: Local Success Stories (3.77MB) ," Washington State Department of Commerce (formerly CTED), December 2000
• "Periodic (Comprehensive Plan) Update Checklist for Cities," and "Periodic (Comprehensive Plan) Update Checklist for Counties," Washington State Department of Commerce (formerly CTED).

The chapter on growth management in the "Short Course on Local Planning" provides a good summary of growth management and the Growth Management Act.

Essential Public Facilities

Essential public facilities (EPFs) include those facilities that are typically difficult to site, such as airports, state education facilities and state or regional transportation facilities as defined in RCW 47.06.140, state and local correctional facilities, solid waste handling facilities, and in-patient facilities including substance abuse facilities, mental health facilities, group homes, and secure community transition facilities as defined in RCW 71.09.020.

Both cities and counties must develop criteria for the siting of EPFs as per RCW 36.70A.200,  WAC 365-196-550, WAC 365-196-560, and WAC 365-196-570. RCW 36.70A.103 requires that "state agencies shall comply with the local comprehensive plans and development regulations and amendments thereto adopted pursuant to this chapter." On the other hand, RCW 36.70A.200 states that "no local plan or development regulation may preclude the siting of essential public facilities". Also, GMA county comprehensive plan rural elements “shall provide for a variety of rural densities, uses, essential public facilities, and rural governmental services needed to serve the permitted densities and uses” as per RCW 36.70A.070(5)(b).

Taken together, it appears that a city does have zoning control over EPFs, but may not, through zoning, prevent siting of facilities which meet the definition of "essential public facilities." Some zoning restrictions apparently are possible, but not if the effect of these restrictions is to effectively preclude any EPFs from locating within the city.

The Growth Management Hearings Boards have addressed issues related to EPFs. Each of the three boards has a Digest of Decisions posted on their respective Web pages. Each Digest of Decisions contains a keyword directory section that lists cases by category, including essential public facilities. The Digests also contain an Appendix with a list of hearing board cases that have been appealed to the courts. The main Growth Management Hearings Boards Website has links to Web pages for each of the three regional hearings boards where Digest of Decisions are posted.

Also, MRSC has several related Web pages that may be of interest, including Secure Community Transition Facilities, and Siting Major Energy Facilities.

Here are some local jurisdiction examples of processes for general siting of essential public facilities:

County EPF Siting Examples

• Essential Public Facilities Web page, - Spokane County - Very useful page includes Spokane County regional siting process, interlocal agreement, analysis of correctional facility siting, secure community transition facility siting process, etc.
• Stevens County Code, Sec. 3.03.080 – Regional Facilities and Essential Public Facilities (Permitted and conditionally permitted uses) - Stevens County Code, Sec. 3.20.050 - Essential Public Facilities (criteria) and Stevens County Code, Ch. 3.20.010 - Conditional Use & Administrative Conditional Use Permits
• Stevens County Code, Ch. 3.06 - Special Development & Performance Standards – Specific Development Types (Including airports, wireless communicatio
• Stevens County Essential Public Facilities Permit Application, and conditional use or administrative conditional use permit application
• Jefferson County Code, Sec. 18.15.110
• Essential Public Facilities, Jefferson County Comprehensive Plan
• San Juan County Essential Public Facilities Staff Report, Oct. 2008
• San Juan County Ordinance, 2008

• Snohomish County General Policy Plan, Appendix B: Essential Public Facilities

City EPF Codes

• Bothell Municipal Code, Sec. 12.06.080
• SeaTac Municipal Code, Sec. 15.22.035, and Sec. 15.10.249
• University Place Municipal Code, Ch. 19.40 - Essential Public Facilities
• Bellingham Municipal Code, Ch. 20.17
• Vancouver Municipal Code, Ch. 20.855 – Essential Public Facilities (amended 2005) – , and Vancouver Municipal Code, Ch. 20.870 – Human Service Facilities
• Redmond Community Development Code, Sec. 20F.40.80 – Essential Public Facilities, and Sec. 20D.170.55 - Secure Community Transition Facilities
• Oak Harbor Municipal Code, Ch. 19.38 – Essential Public Facilities
• Lacey Municipal Code, Sec.16.66.060 - Essential public facilities, and Sec.16.66.055 - Standards for sexual offender secure community transition facilities
• Sequim Municipal Code, Ch. 18.56 – Essential Public Facilities and Special Property Uses

Secure Community Transition Facilities

In 2001 (ESB 6151, Chapter 12, Laws of 2001, 2nd Spec. Sess.) and in 2002 (ESSB 6594, Chapter 68, Laws of 2002), the Essential Public Facilities section of Growth Management Act (RCW 36.70A.200) was amended to add a requirement that cities and counties establish a process and adopt regulations for the siting of secure community transition facilities (SCTFs). SCTFs are considered "essential public facilities," and local comprehensive plans or development regulations may not preclude the siting of "essential public facilities." Also see WAC 365-196-570 - Secure Community Transition Facilities - Requirements.

Please see MRSC's SCTF Web page and information posted on the State Department of Social and Health Services Web site. The MRSC web page includes examples of local ordinances addressing SCTF siting.

Work Release and Correctional Facilities

Local correctional facilities and group homes are by statutory definition considered to be essential public facilities and consequently subject to the provisions of RCW 36.70A.200.

The Central Puget Sound Growth Management Hearings Board was asked to determine if the City of Tacoma had complied with the siting requirements of this statute when it adopted development regulations excluding work release facilities from all areas of the city except for a heavy industrial zone. The Growth Board ruled that by limiting the location of an essential public facility to an impracticable area the city was “precluding” an essential public facility in violation of the requirements of RCW 36.70A.200. (See: State of Washington Department of Corrections and Department of Social and Health Services v. City of Tacoma, Central Puget Sound Growth Management Hearings Board Case No. 00-3-0007, Final Decision and Order (11/20/00).

RCW 70.48.190 gives cities the specific authority to locate and operate holding, detention, special detention, and correctional facilities any place designated by the city legislative authority within the territorial limits of the county in which the city or town is situated. While the Growth Management Act’s intent is to establish a collaborative process involving cities and counties in the siting of essential county-wide, regional, and state facilities, the specific authority of RCW 70.48.190 controls. The city must follow a process for EPF siting that is consistent with the adopted county-wide planning policies. The city should have some finding re impacts of correctional facilities to justify any proposed restrictions.

• Tacoma Municipal Code, Sec. 13.06.550 – Work release centers & Sec. 13.06.530 – Juvenile community facilities
• Seattle Municipal Code, Sec. 23.47A.006(B)(3) – (Work release centers) and Sec. 23.84A.044 Definitions - "Work release center"
• Tumwater Municipal Code, Sec. 18.56.250 – Work release facilities, Sec. 18.56.260 – Essential public facilities siting process, Sec. 18.56.240 - Juvenile detention facilities, and Ch. 18.04 - Definitions
• Shoreline Municipal Code, Sec. 20.40.610 - Work release facility
• Everett Zoning Code, Sec. 19.39.105 – Jails, correctional facilities, Class II group-care homes, and, Sec. 19.4.020 – Definitions: Group Care Homes II, jails, and correctional facilities

Group Homes, Adult Family Homes and Family Day Care Homes

A local jurisdiction's ability to regulate some types of group homes is particularly limited by (1) RCW 70.128.175 relating to adult family homes and residential care facilities, (2) RCW 35.63.220, RCW 35A.63.240 & RCW 36.70.990, regarding persons with handicaps, and (3) the 1988 Amendments to the Fair Housing Act.

RCW 70.128.175 basically pre-empts local control over adult care facilities which provide in home care, room and board to a small number of individuals. These facilities cannot be regulated as conditional uses. The statute doesn't pre-empt local regulation of residential care facilities which house 5-15 functionally disabled individuals. However, the statutory provision for a review of need for such facilities (RCW 35.63.140; RCW 35A.63.149; RCW 36.70.755) may imply that if cities are failing to provide for them, the state will pre-empt local regulation. A DCD model ordinance does make residential care facilities permitted uses in residential zones.

In addition, the Fair Housing Act Amendments (FHAA) provide that local zoning laws can't have the effect of discriminating against the disabled, which may include some elderly residents. Provisions for special use permits, dispersion rules and limits on the number of residents in group homes are open to challenge. As a general rule, regulations can't treat housing for the disabled differently than other residential uses.

Dispersion requirements for group homes have been upheld in Minnesota where based on an adopted state policy of integrating group home residents into the community. However, in this state, the U.S. District Court did ot find Bellevue's dispersion requirements to be justified. An article by Ted Gathe, City Attorney of Vancouver, "Group Homes: Local Control and Regulation Versus Federal and State Housing Laws," provides an excellent summary of federal and state limitations on local regulation of group homes. It also includes sections on court decisions related to dispersion requirements, including the recent Bellevue case. It is the most recent commentary we have on this subject.

The state has preempted some local control over siting of family day care homes (children). New legislation was enacted as Ch. 273, Laws of 1994 and is codified for non-code cities in RCW 35.63.185, and for code cities in RCW 35A.63.215 and for counties in RCW 36.70.757. The legislation applies to family day care facilities, where day care is provided in the provider's home for six or fewer children. It does not preempt the authority to zone for "mini"-day care centers providing care for more than twelve children outside the family home.

Examples:

• Edmonds Municipal Code, Ch. 20.18 – Group Homes
• SeaTac Municipal Code, Sec. 15.12.017 – Community Residential Facilities & Sec. 15.12.018 – Accommodation of Persons with Disabilities
• Kent Municipal Code, Sec. 15.02.173 – Definition: group home, and Sec. 15.08.280 – Group homes, class II & III

Crisis Residential Centers

RCW 74.13.031- 74.13.035 address "Crisis Residential Centers" (CRCs). Apparently, there are no specific requirements about CRCs similar to group homes, but they may fall within "essential public facilities."

Also note these two decisions regarding crisis residential centers:

• Sunderland Servs. v. Pasco, 107 Wn.App.109 (7/3/01) - [Group Care Facility/Special Use Permit] - The City's denial of a special use permit to operate a youth crisis residential center in a residence located in an R-1 zone (that was based upon requirements contained in the City's home occupation ordinance) constituted an erroneous interpretation of the law violating the Washington Housing Policy Act and the Federal Fair Housing Act.
• Sunderland Family Treatment Services v. City of Pasco, 127 Wn.2d 782,Wash. Supreme Court., 10/19/95. In the first appellate ruling on the Washington Housing Policy Act the state Supreme Court has ruled that the anti- discrimination statute's fair housing protections for the handicapped do not extend to "troubled youth" staying in a "crisis residential center" located in a residential neighborhood.

RCW and WAC Definitions and Limitations on Local Regulation

• Essential Public Facilities - RCW 36.70A.200, and WAC 365-196-550 (no comprehensive plan or development regulations may preclude the siting of EPFs)
• Adult family homes & residential care facilities - RCW 70.128.175 definition and pre-emption) (See also Ch. 388-76 WAC)
• Treatment of residential structures occupied by persons with handicaps (may not be treated differently) - RCW 35.63.220, RCW 35A.63.240 and RCW 36.70.990
• Family Day care (children) - RCW 35.63.170, RCW 74.15.020(3) and RCW 74.15.020 (definitions), RCW 35.63.185 & RCW 35A.63.215 & RCW 36.70.757 (pre-emption)
• Work release/halfway house - RCW 70.48.190, RCW 35.82.285, and WAC 137-75-020; Facility siting: RCW 72.65.220, RCW 36.70A.200 and WAC 137.57.050
• Group training homes - Ch. 71A.22 RCW
• Crisis Residential Centers - RCW 74.13.031- 74.13.035
• Chapters 74.14A RCW and 74.15 RCW may also be of interest