Title 365 WAC — Commerce, Department of (Community Development)

Chapter 365-04 General procedures.

Wash. Admin. Code § 365-04-010 Agency purpose.

The planning and community affairs agency was established in 1967 in the office of the governor to provide planning and technical assistance to the counties and municipalities of Washington state to aid them with the demands of change and the complex problems of rapid growth and development. The key elements of this assistance are cooperation and service — cooperation with and service to city governments, county governments and state and regional agencies.

History

Order 72-6, § 365-04-010, filed 11/3/72.

Wash. Admin. Code § 365-04-030 Department organization.

(1) The executive head of the department is a director appointed by the governor. The director may delegate such of his or her functions, powers, and duties to such officers and employees of the department as he or she deems expedient to the furtherance of the purposes of the department. The operating sections of the department include the administrative services division, the community services and housing division, the office of economic development and competitiveness, the energy division, and the local government division.

(2) The principal office of the department shall be located at 1011 Plum Street SE, Olympia, Washington. This office shall be open each day for the transaction of business from 8:00 a.m. to 5:00 p.m., (Saturdays, Sundays, and legal holidays excepted). Submissions, requests and communications shall be sent to the Director, Washington State Department of Commerce, P.O. Box 42525, Olympia, Washington 98504-2525.

History

Statutory Authority: Chapters 42.56 and 43.330 RCW. WSR 17-13-124, § 365-04-030, filed 6/21/17, effective 7/22/17
Order 73-4, § 365-04-030, filed 9/12/73
Order 72-6, § 365-04-030, filed 11/3/72.

Wash. Admin. Code § 365-04-050 Appearance and practice before agency—Who may appear.

No person may appear in a representative capacity before the agency or its designated hearing officer other than the following:

(1) Attorneys at law duly qualified and entitled to practice before the supreme court of the state of Washington;

(2) Attorneys at law duly qualified and entitled to practice before the highest court of record of any other state, if the attorneys at law of the state of Washington are permitted to appear in a representative capacity before administrative agencies of such other state, and if not otherwise prohibited by our state law;

(3) A bona fide officer, partner, or full time employee of an individual firm, association, partnership, corporation or municipal corporation.

History

Order 72-6, § 365-04-050, filed 11/3/72.

Chapter 365-08 Uniform procedural rules.

Wash. Admin. Code § 365-08-010 Uniform procedural rules.

The planning and community affairs agency, hereinafter designated as the agency, adopts as its own rules of practice all those uniform procedural rules promulgated by the code reviser now codified in the Washington Administrative Code, WAC 1-08-005 through 1-03-590 [ 1-08-590] , (excepting WAC 1-08-010 which is adopted as amended by the agency as set out herein as WAC 365-04-050) as now or hereafter amended subject to any additional rules that the agency may add from time to time. The agency reserves the right to make whatever determination is fair and equitable should any question not covered by its rules come before the agency, said determination to be in accordance with the spirit and intent of the law.

History

1-08-590] , (excepting WAC 1-08-010 which is adopted as amended by the agency as set out herein as WAC 365-04-050) as now or hereafter amended subject to any additional rules that the agency may add from time to time. The agency reserves the right to make whatever determination is fair and equitable should any question not covered by its rules come before the agency, said determination to be in accordance with the spirit and intent of the law.[Order 72-6, § 365-08-010, filed 11/3/72.

Chapter 365-10 Public Records—Disclosure.

Wash. Admin. Code § 365-10-010 Purpose.

The purpose of this chapter shall be to ensure the department's compliance with the provisions of the Public Records Act, chapter 42.56 RCW.

History

Statutory Authority: Chapters 42.56 and 43.330 RCW. WSR 17-13-124, § 365-10-010, filed 6/21/17, effective 7/22/17.

Wash. Admin. Code § 365-10-020 Definitions.

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise:

(1) "Department" means the department of commerce.

(2) "Disclosure" means inspection and/or copying.

(3) "Public record" has the meaning ascribed to it in RCW 42.56.010, available at leg.wa.gov.

(4) "Writing" has the meaning ascribed to it in RCW 42.56.010, available at leg.wa.gov.

History

Statutory Authority: Chapters 42.56 and 43.330 RCW. WSR 17-13-124, § 365-10-020, filed 6/21/17, effective 7/22/17.

Wash. Admin. Code § 365-10-030 Public disclosure officer.

The department shall designate a public disclosure officer who shall be responsible for implementing the department's rules regarding disclosure of public records, coordination of staff in this regard, and generally ensuring compliance by the staff with public records disclosure requirements.

History

Statutory Authority: Chapters 42.56 and 43.330 RCW. WSR 17-13-124, § 365-10-030, filed 6/21/17, effective 7/22/17.

Wash. Admin. Code § 365-10-040 Public records—Availability.

(1) Public records are available for public inspection and copying during the department's normal business hours, which can be found in WAC 365-04-030. Records must be inspected at the main office of the department.

(2) The department will at all times take the most timely possible action on requests for disclosure, and shall respond in writing as set forth in WAC 365-10-090 within five business days of receipt of the request for records.

History

Statutory Authority: Chapters 42.56 and 43.330 RCW. WSR 17-13-124, § 365-10-040, filed 6/21/17, effective 7/22/17.

Wash. Admin. Code § 365-10-050 Request for public records.

(1) Any person wishing to inspect or copy public records of the department may submit the request in writing to the department, attn. Public Disclosure Officer or via email at publicdisclosure@commerce.wa.gov. The department's current mailing address can be found in WAC 365-04-030. The request should include the following information:

(a) Name of requestor;

(b) Address of requestor;

(d) Identification of the public records sought adequate for the public disclosure officer to locate the records; and

(e) The date and time of day of the request.

(2) The public disclosure officer may accept public records requests by telephone or in person during the department's normal business hours. However, the requesting party may be asked to submit the request in writing or the public disclosure officer may confirm receipt of the request and restate the substance of the request in writing.

(3) Nothing in this chapter shall be construed to require the department to compile statistics or other information from material contained in public records, where doing so would unduly interfere with other essential functions of the department and is not required for litigation by rules of pretrial discovery.

(4) Requests must be for identifiable records. A request for all, or substantially all, of the department's public records is not a valid request.

History

Statutory Authority: Chapters 42.56 and 43.330 RCW. WSR 17-24-060, § 365-10-050, filed 12/4/17, effective 1/4/18
WSR 17-13-124, § 365-10-050, filed 6/21/17, effective 7/22/17.

Wash. Admin. Code § 365-10-060 Fees—Inspection and copying.

(1) The department's records are diverse in nature and are preserved in a wide variety of formats. Thus, it would require significant time and resources to compile actual costs of providing records. The needed resources to do a cost study are not currently available and, therefore, the department finds that it would be unduly burdensome to calculate the actual costs of copying public records.

(2) The department may charge the default fees for copies of paper and electronic public records as established in RCW 42.56.120.

(3) No fee shall be charged for the inspection of public records.

(4) The public disclosure officer may waive fees for copies of public records when collecting the fees would not be cost effective to the department.

(5) Before beginning to copy public records, the public records officer may require:

(a) A deposit of up to ten percent of the estimated costs of copying all the records selected by the requestor;

(b) The payment of the remainder of the copying costs before providing all the records; or

(6) The department will not charge sales tax when it makes copies of public records.

(7) Payment must be made by cash in the exact amount charged, check, or money order to the department.

History

Statutory Authority: Chapters 42.56 and 43.330 RCW. WSR 17-24-060, § 365-10-060, filed 12/4/17, effective 1/4/18
WSR 17-13-124, § 365-10-060, filed 6/21/17, effective 7/22/17.

Wash. Admin. Code § 365-10-070 Protection of public records.

(1) No person shall knowingly alter, deface, or destroy public records of the department.

(2) Original copies of public records of the department shall not be removed from the premises where maintained.

(3) Care and safekeeping of public records furnished pursuant to a request for inspection or copying, shall be the sole responsibility of the requestor.

(4) Records furnished for public inspection or copying shall be returned in good condition and in the same file sequence or organization as when furnished.

History

Statutory Authority: Chapters 42.56 and 43.330 RCW. WSR 17-13-124, § 365-10-070, filed 6/21/17, effective 7/22/17.

Wash. Admin. Code § 365-10-080 Records index.

The department will maintain and make available for public inspection and copying an index in accordance with RCW 42.56.070(5).

History

Statutory Authority: Chapters 42.56 and 43.330 RCW. WSR 17-13-124, § 365-10-080, filed 6/21/17, effective 7/22/17.

Wash. Admin. Code § 365-10-090 Disclosure procedure.

(1) Within five business days of receipt of the public records request, the public disclosure officer will do one or more of the following:

(a) Make the records available for inspection or copying;

(b) If copies are requested and payment of a deposit for the copies, if any, is made or terms of payment are agreed upon, send the copies to the requestor;

(d) If the request is unclear or does not sufficiently identify the requested records, request clarification from the requestor and, to the greatest extent possible, provide a reasonable estimate of time to respond to the request. After receiving clarification from the requestor, the public disclosure officer may then revise the estimate of when records will be available; or

(e) Deny the request.

(2) In the event that the requested records contain information that may affect rights of others and may be exempt from disclosure, the public disclosure officer may, prior to providing the records, give notice to such others whose rights may be affected by the disclosure. Such notice should be given so as to make it possible for those other persons to contact the requestor and ask him or her to revise the request, or, if necessary, seek an order from a court to prevent or limit the disclosure pursuant to RCW 42.56.540. The notice to the affected persons will include a copy of the request.

(3) Some records are exempt from disclosure, in whole or in part. If the department believes that an entire record is exempt from disclosure and should be withheld, the public disclosure officer will identify the record, state the specific exemption and provide a brief explanation of why the record or a portion of the record is being withheld. If only a portion of a record is exempt from disclosure, the public disclosure officer will redact the exempt portions, provide the nonexempt portions, state the specific exemption and provide a brief explanation of why the portions of the record are exempt from disclosure.

(4) When the requestor either withdraws the request or fails to fulfill his or her obligations to inspect the records or pay the deposit or final payment for the requested copies, the public disclosure officer will close the request and indicate to the requestor that the department has closed the request.

(5) When a response to a public records request is complex or involves a large number of records, the public disclosure officer may provide access for inspection and copying in installments pursuant to RCW 42.56.080.

(a) The requestor will be notified when an installment is ready for inspection. If, within thirty calendar days, the requestor fails to inspect the entire set of records or one or more of the installments, the public disclosure officer may close the request.

(b) When the request is for copies of public records, the public disclosure officer may require payment for each installment either prior to providing the installment or prior to providing subsequent installments. In addition, the requestor may be required to provide a deposit up to ten percent of the estimated cost of copying all records selected by the requestor. If the requestor fails to pay the required cost within thirty calendar days, the public disclosure officer may close the request.

(6) The process for electronic public records is the same as paper public records.

(a) When a requestor requests records in an electronic format, the public disclosure officer will provide available nonexempt electronic public records or portions of such records that are reasonably locatable in an electronic format that is used by the agency and is generally commercially available, or in a format that is reasonably translatable from the format in which the agency keeps the record, or as otherwise agreed to between the requestor and the public disclosure officer.

(b) Whenever possible, the department will provide records in electronic format. If the department has only a paper copy of the record, the department, when feasible, may scan the paper record and provide the resulting electronic copy to the requestor. If the department maintains the record in electronic format, the record will be provided in the maintained electronic format unless the requestor specifically asks to receive the record in paper copies or it is otherwise not feasible to provide the record in electronic format.

(c) If a record exists on a web page, the department will respond to a request for the record by providing the link to the record on the web page.

(7) The department is not required to create a record that does not otherwise exist.

(8) If, within thirty calendar days, the requestor fails to respond to a request for clarification, and the entire request is unclear, the request will be closed. Otherwise, the public records officer will respond to those portions of the request that are clear pursuant to this section.

History

Statutory Authority: Chapters 42.56 and 43.330 RCW. WSR 17-24-060, § 365-10-090, filed 12/4/17, effective 1/4/18
WSR 17-13-124, § 365-10-090, filed 6/21/17, effective 7/22/17.

Wash. Admin. Code § 365-10-100 Exemptions to public records disclosure.

(1) The department reserves the right to determine that a public record requested is exempt, in whole or in part, under the provisions of chapter 42.56 RCW or other applicable provision of law.

(2) In addition, there are exemptions outside the Public Records Act that restrict the availability of some documents held by the department for inspection and copying;

(3) The department is prohibited by statute from disclosing lists of individuals for commercial purposes pursuant to RCW 42.56.070(9). If a list of individuals is requested, the requestor will be required to state the purpose of the request.

History

Statutory Authority: Chapters 42.56 and 43.330 RCW. WSR 17-24-060, § 365-10-100, filed 12/4/17, effective 1/4/18
WSR 17-13-124, § 365-10-100, filed 6/21/17, effective 7/22/17.

Wash. Admin. Code § 365-10-110 Qualifications on nondisclosure.

(1) To the extent that nondisclosable information can be deleted from the specific records sought, the remainder of the records shall be disclosable.

(2) No exemptions shall be construed to require nondisclosure of statistical information not descriptive of identifiable persons, as required by RCW 42.56.210(1).

(3) Inspection and copying of any specific records otherwise nondisclosable is permissible pursuant to an order of the superior court enforcing a subpoena in accordance with the provisions of RCW 42.56.210(2).

History

Statutory Authority: Chapters 42.56 and 43.330 RCW. WSR 17-13-124, § 365-10-110, filed 6/21/17, effective 7/22/17.

Wash. Admin. Code § 365-10-120 Review of denials of public records request.

(1)(a) Any person who has been denied an opportunity to inspect or copy a public record by the department, or who believes that the department has not made a reasonable estimate of the time required to respond to a public record request, or who believes the department has not made a reasonable estimate of charges to produce copies of public records, may petition the department for prompt review of its decision.

(b) The petition shall be in writing and shall include a copy of, or reasonably identify, the written statement by the public disclosure officer denying the request or providing the estimate.

(c) The petition shall be sent to the public disclosure officer who shall promptly provide the petition and any other relevant information to the department official designated by the department to conduct the review.

(2) The designated official will immediately consider the petition and either affirm or reverse the denial or the estimate.

(3) Administrative remedies shall not be considered exhausted until the department has returned the petition with a decision or until the close of the second business day following denial of inspection, whichever occurs first.

(4) Any person may obtain court review of denials of public records requests pursuant to RCW 42.56.550 at the conclusion of two business days after the initial denial regardless of any internal administrative appeal.

History

Statutory Authority: Chapters 42.56 and 43.330 RCW. WSR 17-24-060, § 365-10-120, filed 12/4/17, effective 1/4/18
WSR 17-13-124, § 365-10-120, filed 6/21/17, effective 7/22/17.

Chapter 365-18 Long-term care ombudsman program, department of community, trade, and economic development.

Wash. Admin. Code § 365-18-010 Purpose.

The purpose of this chapter is to implement the long-term care ombudsman program as provided for in chapter 43.190 RCW and the Older Americans Act of 1965 (42 U.S.C. § 3001 et seq., as amended). The overall purpose of the ombudsman program is to promote the interests, well-being, and rights of long-term care facility residents. These rules set forth the ombudsman program's authority and duties.

History

Statutory Authority: Chapter 43.190 RCW and Older Americans Act of 1965 (42 U.S.C., 3001 et seq., as amended). WSR 00-09-060, § 365-18-010, filed 4/17/00, effective 5/18/00.

Wash. Admin. Code § 365-18-020 Definitions.

When used in this chapter, unless otherwise required by the context:

(1) "Contractor" means the private nonprofit organization established by contract with the department to provide the services of the office of the state long-term care ombudsman program.

(2) "Department" means the department of community, trade, and economic development.

(3) "Immediate family" pertaining to conflicts of interest, means spouse, parents, children and siblings who live in the same household or who have, as determined by the state office, a significant financial relationship with the potential ombudsman.

(4) "Long-term care facility" or "facility" is as defined in RCW 43.190.020, and includes, but is not limited to, nursing homes, adult family homes, boarding homes, assisted living facilities, facilities that have a portion of their services established for long-term care, long-term care facilities operated by the Washington state department of veterans affairs, and any facility that is required by law to be licensed but is not.

(5) "Long-term care services" means services provided to residents and applicants of long-term care facilities including, but not limited to, assessment, placement, case management, and determinations regarding benefits, personal care, and health care, but for purposes of these regulations does not mean care or services provided in the applicant's or resident's home outside of a long-term care facility or in other locations outside of a long-term care facility. Services are those provided to residents of all ages, and include, but are not limited to, those provided to individuals with developmental or physical disabilities, mental illness, dementia, or substance abuse problems.

(6) "Ombudsman" means the state long-term care ombudsman, assistant state long-term care ombudsman, regional long-term care ombudsman, regional staff long-term care ombudsman, or certified long-term care volunteer ombudsman.

(7) "Resident" means any individual residing temporarily or permanently in a long-term care facility, and, when concerning complaints about admissions, readmissions, transfers, or discharges, includes applicants and former residents of such facilities.

(8) "State office" means the office of the state long-term care ombudsman.

(9) "Pecuniary interest" for purposes of this chapter means any significant ownership or investment interest.

History

Statutory Authority: Chapter 43.190 RCW and Older Americans Act of 1965 (42 U.S.C., 3001 et seq., as amended). WSR 00-09-060, § 365-18-020, filed 4/17/00, effective 5/18/00.

Wash. Admin. Code § 365-18-030 Contractor, subcontractor, and ombudsman qualifications.

(1) The contractor shall be a private nonprofit organization with demonstrated capability to carry out the responsibilities of the state long-term care ombudsman, including, but not limited to, an ability to receive, investigate, and resolve complaints made by or on behalf of residents of long-term care facilities statewide. Subcontractors shall have demonstrated the capability to carry out the responsibilities of their respective contracts. The contractor and subcontractors shall also be free of conflicts of interest, including:

(a) Not be an agency or organization that is responsible for licensing, certifying, or regulating long-term care facilities;

(b) Not be an association, or an affiliate of such an association, of long-term care facilities; and

(2) The state long-term care ombudsman and assistant state long-term care ombudsman shall have demonstrated expertise and experience in the fields of long-term care and resident advocacy, and be free of conflicts of interest as defined in WAC 365-18-040.

(3) Ombudsmen shall have demonstrated capability to carry out the responsibilities of their respective offices, and be free of conflicts of interest as defined in WAC 365-18-040.

(4) All prospective regional and volunteer ombudsmen shall successfully complete the training program designated by the state office prior to becoming certified and beginning work as ombudsmen. In addition, during the period of their assignment as ombudsmen, all ombudsmen are expected to attend periodic training events designed to increase their knowledge and expertise with regard to long-term care ombudsman issues.

(5) Prior to becoming an ombudsman, all prospective ombudsmen shall, at a minimum, successfully pass a criminal history background check as provided by chapter 43.43 RCW.

(6) Once a person becomes an ombudsman, he or she shall successfully pass a criminal history background check as provided by chapter 43.43 RCW every three years at a minimum.

History

Statutory Authority: Chapter 43.190 RCW and Older Americans Act of 1965 (42 U.S.C., 3001 et seq., as amended). WSR 00-09-060, § 365-18-030, filed 4/17/00, effective 5/18/00.

Wash. Admin. Code § 365-18-040 Conflicts of interest.

(1) All ombudsmen shall be free from conflicts of interests, including:

(a) No ombudsman shall be or have been employed by or participated in the management of any long-term care facility, or have or have had the right to receive remuneration from a long-term care facility, including work as a paid consultant or independent contractor, currently or within the past year;

(b) No ombudsman or member of his or her immediate family shall have, or have had within the past year, any pecuniary interest in a long-term care facility or a long-term care service;

(c) No ombudsman shall have a direct involvement in the licensing, certification, or regulation of a long-term care facility or of a long-term care service during his or her tenure as an ombudsman or within the past year;

(d) No ombudsman shall be assigned to or work in a long-term care facility in which the ombudsman or a member of his/her immediate family resides;

(e) No ombudsman shall solicit or be the beneficiary of gifts, money or estate property from residents in any facility in which he or she has served or is serving as ombudsman. This subsection shall not prohibit an ombudsman from receiving gifts, money, or estate property from a resident who is a relative of the ombudsman;

(f) No ombudsman may work for an agency or entity in which the ombudsman has direct personal involvement in the provision or establishment of involuntary services or in the involuntary commitment of a resident.

(2) No individual, or immediate family member of such an individual, who is involved in the designation or removal of the state ombudsman, or the designation or revocation of the contractor or subcontractors, or who administers or oversees the contractor's or subcontractor's contract, may be an official or employee of any agency or organization that conducts the licensing, certification, or regulation of long-term care facilities, or that owns, operates, or manages such facilities.

History

Statutory Authority: Chapter 43.190 RCW. WSR 02-17-018, § 365-18-040, filed 8/9/02, effective 9/9/02. Statutory Authority: Chapter 43.190 RCW and Older Americans Act of 1965 (42 U.S.C., 3001 et seq., as amended). WSR 00-09-060, § 365-18-040, filed 4/17/00, effective 5/18/00.

Wash. Admin. Code § 365-18-050 Duties—Department.

The department shall, consistent with federal and state laws:

(1) Establish procedures for designating and contracting with a qualified private, nonprofit organization to provide the state long-term care ombudsman program services, including legal services;

(2) Facilitate the exchange of information among appropriate state agencies and organizations regarding issues relating to the long-term care ombudsman program;

(3) Help the state long-term care ombudsman obtain direct access to the directors and key staff of state governmental entities with responsibilities that impact residents of long-term care facilities;

(4) Provide other assistance to the ombudsman program as the department deems appropriate;

(5) Monitor program activities and the expenditure of state and federal funds under the contract with the state office for appropriate utilization of funds, compliance with state and federal laws, and fulfillment of contract obligations; and

(6) Assure, along with the state office, that no ombudsman is subject to a conflict of interest.

History

Statutory Authority: Chapter 43.190 RCW and Older Americans Act of 1965 (42 U.S.C., 3001 et seq., as amended). WSR 00-09-060, § 365-18-050, filed 4/17/00, effective 5/18/00.

Wash. Admin. Code § 365-18-060 Duties—State ombudsman.

The state long-term care ombudsman shall assure performance of the following duties:

(1) Identify, investigate, and resolve complaints that:

(a) Relate to actions, inactions, or decisions that may adversely affect the health, safety, welfare, or rights of residents;

(b) Are made by:

(i) A resident, a resident's relatives, friends, or associates;

(ii) Providers, or representatives of providers, of long-term care or health care services;

(iii) Public agencies;

(iv) Health and social service agencies; or

(v) Guardians, representative payees, holders of powers of attorney, or other resident representatives;

(2) In coordination with the appropriate state or local government agencies, develop referral procedures for all long-term care ombudsmen to refer complaints when necessary to any appropriate state or local government agency; such referral procedures must conform to the appropriate state law for referring reports of potential abuse, neglect, exploitation or abandonment and shall contain wherever possible the information specified in the appropriate state reporting laws and shall not abridge the confidentiality requirements of this chapter;

(3) Offer and provide services to assist residents and their representatives in protecting the health, safety, welfare, and rights of the residents;

(4) Inform the residents, their representatives and others about resident rights and about the means of obtaining needed services, and work with the department of social and health services and long-term care facility administrators to assure that notices containing the name, address, and telephone number of the appropriate long-term care ombudsman are posted prominently in every long-term care facility;

(5) Ensure that residents and their representatives have regular and timely access to the services provided through the ombudsman program, and ensure that the residents and complainants receive timely responses from representatives of the ombudsman program. Provision shall be made by facilities and the ombudsman to secure privacy for the purpose of the ombudsman carrying out his or her duties, including, but not limited to, building relationships with and providing information to residents;

(6) Represent the interests of residents before governmental agencies and seek administrative, legal, and other remedies to protect the health, safety, welfare, and rights of the residents;

(7)(a) Analyze, comment on, and monitor the development and implementation of federal, state, and local laws, regulations, and other governmental policies and actions, that pertain to the health, safety, welfare, and rights of the residents, with respect to long-term care facilities and services in the state;

(b) Recommend changes in laws, regulations, policies, and actions that will further promote the interests, well-being and rights of residents;

(c) Provide such information as the state office determines to be necessary to public and private agencies, legislators, and other persons, regarding:

(i) The problems and concerns of individuals residing in long-term care facilities; and

(ii) Recommendations related to these problems and concerns; and

(d) Facilitate public comment on laws, regulations, policies, and actions related to residents of long-term care facilities and the ombudsman program;

(8)(a) Establish procedures for the training and supervision of prospective regional long-term care ombudsmen, regional long-term care staff ombudsmen, and certified volunteer ombudsmen, and ensure that all ombudsmen are educated in the fields of long-term care and advocacy, including, but not limited to, conflict resolution, laws that govern long-term care resident populations, and issues in long-term care facilities pertaining to residents with mental illness, dementia, developmental and physical disabilities, and substance abuse problems;

(b) Monitor and provide administrative and policy direction and technical assistance to the regional long-term care ombudsmen; and

(9)(a) Promote the development of citizen groups to participate in the ombudsman program; and

(b) Provide support for the development of resident councils and family councils to protect the interests, well-being and rights of residents;

(10) Assure that representative stakeholder advisory councils are established and maintained for the state and regional ombudsman programs. All councils should include representation from a broad spectrum of interests served by the program, including, but not limited to, mental illness, dementia, and developmental and physical disabilities. All vacancies to councils should be filled where possible within six months of the vacancy;

(11) Coordinate ombudsman services with the protection and advocacy systems for individuals with developmental disabilities and mental illness including making appropriate referrals, and with legal services funded under Title III of the Older Americans Act, through the development of memoranda of understanding and other means;

(12) Establish a grievance process for the receipt and review of grievances regarding the determinations or actions of any long-term care ombudsman. The grievance process shall include notification to the long-term care ombudsman with a copy delivered to the contractor's governing board. Such process shall include an opportunity for reconsideration of any decision of the state long-term care ombudsman to grant, refuse, suspend, or remove the designation and certification of an individual long-term care ombudsman or a regional long-term care ombudsman program. Notwithstanding the grievance process, the state long-term care ombudsman shall make the final determination to grant, refuse, suspend, or remove the designation and certification of an individual long-term care ombudsman or a regional long-term care ombudsman program. The grievance process is not intended to supplant any contracting or subcontracting agency's internally established grievance procedure for grievances not related to ombudsman duties;

(13) Establish a statewide uniform reporting system to collect and analyze data relating to complaints and conditions in long-term care facilities for the purpose of identifying and resolving significant problems;

(14) Prepare an annual report:

(a) Describing the activities carried out by the ombudsman program in the prior year;

(b) Evaluating the problems experienced by, and the complaints made by, or on behalf of, residents;

(i) Improving quality of the care and life of the residents; and

(ii) Protecting the health, safety, welfare, and rights of the residents;

(d)(i) Analyzing the success and needs of the ombudsman program, including the success or gaps in providing services to residents of long-term care facilities; and

(ii) Identifying barriers that prevent the optimal operation of the ombudsman program;

(e) Providing policy, regulatory, and legislative recommendations to solve identified problems, to resolve the complaints, to improve the quality of care and life of residents, to protect the health, safety, welfare, and rights of residents, and to remove the barriers; and

(f) Make available to the federal Commissioner on Aging, the governor, the Washington state legislature, the department of social and health services, the department of health, the department of community, trade, and economic development, and other appropriate governmental entities and interested members of the public, the annual report described in this subsection;

(15) The state long-term care ombudsman may subcontract for long-term care ombudsman services, including regional long-term care ombudsman services, throughout the state. The state long-term care ombudsman has the authority to designate and certify regional long-term care ombudsmen. The state long-term care ombudsman has the authority to revoke, when good cause is shown, the subcontract or the designation and certification of the individual regional long-term care ombudsman;

(16) The state long-term care ombudsman has the authority to designate qualified individuals as certified volunteer long-term care ombudsmen representing the ombudsman program. Such individuals shall receive a certificate and picture identification card from the state office signed by the state long-term care ombudsman. The state long-term care ombudsman has the authority to revoke, when good cause is shown, this certification.

(17) Nothing in this chapter shall be construed to empower the state long-term care ombudsman or any other long-term care ombudsman with statutory or regulatory licensing or sanctioning authority.

History

Statutory Authority: Chapter 43.190 RCW. WSR 21-02-037, § 365-18-060, filed 12/29/20, effective 1/29/21. Statutory Authority: Chapter 43.190 RCW and Older Americans Act of 1965 (42 U.S.C., 3001 et seq., as amended). WSR 00-09-060, § 365-18-060, filed 4/17/00, effective 5/18/00.

Wash. Admin. Code § 365-18-070 Duties—Regional and regional staff long-term care ombudsmen.

Regional and regional staff long-term care ombudsmen shall, in accordance with the policies and procedures established by the state office, have the following duties:

(1) Inform residents, their representatives, and others about their rights, and offer and provide services to protect the health, safety, welfare, and rights of residents;

(2) Ensure that residents and their representatives in the service area have regular, timely access to representatives of the ombudsman program and timely responses to complaints and requests for assistance. Provision shall be made by facilities and ombudsmen to secure privacy for the purpose of the ombudsman carrying out his or her duties, including, but not limited to, building relationships with and providing information to residents;

(3) Identify, investigate, and resolve complaints that:

(a) Relate to actions, inactions, or decisions, that may adversely affect the health, safety, welfare, or rights of residents;

(b) Are made by:

(i) A resident, a resident's relatives, friends, or associates;

(ii) Providers, or representatives of providers, of long-term care or health care services;

(iii) Public agencies;

(iv) Health and social service agencies; or

(v) Guardians, representative payees, holders of powers of attorney, or other resident representatives;

(4) Recruit, train, place and supervise volunteer and staff ombudsmen who have been certified by the state ombudsman;

(5) Represent the interests of residents before government agencies and seek administrative, legal, and other remedies to protect the health, safety, welfare, and rights of the residents;

(6) Review, and if necessary, comment on any existing and proposed laws, regulations, and other governmental policies and actions, that pertain to the rights and well-being of residents; and facilitate the ability of the public to comment on the laws, regulations, policies, and actions;

(7) Assure that regional stakeholder advisory councils are established and maintained for the regional ombudsman programs. Efforts should be made to include representation on the councils from a broad spectrum of interests served by the program, including, but not limited to, mental illness, dementia, and developmental and physical disabilities. All vacancies to councils should be filled where possible within six months of the vacancy;

(8) Promote the development of resident councils, family councils, and citizen advocacy groups; and

(9) Carry out other activities that the state long-term care ombudsman determines to be appropriate.

History

Statutory Authority: Chapter 43.190 RCW and Older Americans Act of 1965 (42 U.S.C., 3001 et seq., as amended). WSR 00-09-060, § 365-18-070, filed 4/17/00, effective 5/18/00.

Wash. Admin. Code § 365-18-080 Duties—Certified volunteer long-term care ombudsmen.

Trained and certified volunteer long-term care ombudsmen shall, in accordance with policies and procedures established by the state office, and under the supervision of the regional long-term care ombudsman, have the following duties:

(1) Inform residents, their representatives and others about their rights, and offer and provide services to protect the health, safety, welfare, and rights of residents;

(2) Represent the interests of residents before government agencies and seek administrative, legal, and other remedies to protect the health, safety, welfare, and rights of residents;

(3) Visit residents in the assigned facility(s) on a regular basis, with provision made by facilities and ombudsmen to secure privacy for the purpose of the ombudsman carrying out his or her duties;

(4) According to program policy, identify, investigate and resolve complaints that:

(a) Relate to actions, inactions, or decisions, that may adversely affect the health, safety, welfare, or rights of residents;

(b) Are made by:

(i) A resident, a resident's relatives, friends, or associates;

(ii) Providers, or representatives of providers, of long-term care or health care services;

(iii) Public agencies;

(iv) Health and social service agencies; or

(v) Guardians, representative payees, holders of powers of attorney, or other resident representatives;

(5) Review, and if necessary, comment on any existing and proposed laws, regulations, and other governmental policies and actions, that pertain to the rights and well-being of residents; and facilitate the ability of the public to comment on the laws, regulations, policies, and actions;

(6) Promote development of resident councils, family councils, and citizen advocacy groups; and

(7) Carry out other activities that the state long-term care ombudsman determines to be appropriate.

History

Statutory Authority: Chapter 43.190 RCW and Older Americans Act of 1965 (42 U.S.C., 3001 et seq., as amended). WSR 00-09-060, § 365-18-080, filed 4/17/00, effective 5/18/00.

Wash. Admin. Code § 365-18-090 Legal counsel.

The state agency shall ensure that adequate legal counsel is available, and is able, without conflict of interest, to:

(1) Provide advice and consultation needed to protect the health, safety, welfare and rights of residents;

(2) Pursue administrative, legal, and other remedies on behalf of residents;

(3) Assist representatives of the state office in performance of their duties; and

(4) Provide legal representation to any representative of the state office, including ombudsmen, against whom legal action is threatened or brought in connection with performance of their duties.

History

Statutory Authority: Chapter 43.190 RCW and Older Americans Act of 1965 (42 U.S.C., 3001 et seq., as amended). WSR 00-09-060, § 365-18-090, filed 4/17/00, effective 5/18/00.

Wash. Admin. Code § 365-18-100 Ombudsmen access to facilities, residents, and records.

(1) All ombudsmen shall have access to all long-term care facilities and residents at any time deemed necessary and reasonable to effectively carry out the ombudsman duties set forth in this chapter, chapter 43.190 RCW, and federal law. Access to facilities and residents by ombudsmen shall be deemed necessary and reasonable at the following times:

(a) Any time during a facility's regular business day, regular visiting hours, or other period the facility is open to the public; and

(b) Any other time access may be required by the particular condition to be investigated or monitored.

(2) Upon entering a facility, or as soon as practicable thereafter, all ombudsmen shall report their presence to the facility administration or staff in charge and, upon request, present identification as an ombudsman.

(3) Ombudsmen shall have access to residents to perform the duties set forth in this chapter, chapter 43.190 RCW, and federal law. Provision shall be made by the facility and the ombudsman to secure privacy for the purpose of building relationships, providing information, and hearing, investigating, and resolving complaints of, and rendering advice to, residents of the facility at any time deemed necessary and reasonable by the ombudsmen to effectively carry out the provisions of this chapter.

(4) Ombudsmen shall have private access to residents without willful interference from the facility or the resident's representative, including a guardian, family member, or holders of powers of attorney.

(5) Ombudsmen shall have the following access to a resident's records:

(a)(i) Prompt access to review and timely access to obtain copies of all medical and social records of a resident, and other records relating to the resident if:

(A) The ombudsman has the permission of the resident, or the legal representative of the resident; or

(B) The resident is unable to consent to the review and has no legal representative; or

(ii) Prompt access to review and timely access to obtain copies of all medical, social, and other records of a resident, as is necessary to investigate a complaint if:

(A) A legal representative of the resident, including a guardian, refuses to give the permission;

(B) The ombudsman has reasonable cause to believe that the legal representative or guardian is not acting in the best interest of the resident; and

(b) Prompt access to review and timely access to obtain copies of any long-term care facility's documents to which the residents or the general public have access, including administrative records and policies; provided, that in licensed nursing facilities this shall include, but not be limited to, the records and policies set forth in RCW 74.42.430.

(6) Ombudsmen shall have timely access to, and copies where requested, of all licensing and certification records maintained by the state with respect to long-term care facilities.

(7) For any copies obtained under this section, the ombudsman may be charged a reasonable rate not to exceed the community standard.

History

Statutory Authority: Chapter 43.190 RCW and Older Americans Act of 1965 (42 U.S.C., 3001 et seq., as amended). WSR 00-09-060, § 365-18-100, filed 4/17/00, effective 5/18/00.

Wash. Admin. Code § 365-18-110 Confidentiality of ombudsman records, communications privileged.

(1) All records and files maintained by the long-term care ombudsman program shall remain confidential. Any disclosure of long-term care ombudsman program records is subject to the following provisions:

(a) No disclosure shall be made without the prior approval of the state ombudsman or his or her representative.

(b) No disclosure of the identities of complainants, witnesses, clients, or residents shall be made unless one of the following conditions has been met:

(i) The complainant or resident, or their legal representative consents in writing to the disclosure; or

(ii) The complainant or resident gives oral consent, and that consent is documented contemporaneously in writing by a representative of the state office; or

(iii) The disclosure is required by court order.

(c) Nonidentifying information or statistics may be disclosed at the discretion of the state ombudsman or his or her representative.

(2) All communications by an ombudsman, if reasonably related to the requirements of that individual's responsibilities under this chapter or federal or state statutes and done in good faith, are privileged. That privilege shall serve as a defense to any action in libel or slander. Ombudsmen are exempt from being required to testify in court, administrative hearings, or depositions as to any confidential matters, except as the court may deem necessary to enforce this chapter.

(3) In monitoring the state office and regional ombudsmen programs, subject to the discretion of the state ombudsman, access to the ombudsman files and records, minus identifying information regarding any resident, complainant, or witness, shall be available to the director or one senior manager of the department and the organization in which the ombudsman program is administratively located. The individual who performs this monitoring function shall have no conflict of interest, as provided in WAC 365-18-040(2).

History

Statutory Authority: Chapter 43.190 RCW and Older Americans Act of 1965 (42 U.S.C., 3001 et seq., as amended). WSR 00-09-060, § 365-18-110, filed 4/17/00, effective 5/18/00.

Wash. Admin. Code § 365-18-120 Interference with the ombudsman, liability.

(1) It is unlawful under 42 U.S.C. Sec. 3058g(j) and RCW 43.190.090 to take any discriminatory, disciplinary, or retaliatory action against the following persons:

(a) Any employee of a facility or agency;

(b) Any resident or client of a long-term care facility or family member of a resident;

(d) Any person;

for any communication made, or information given or disclosed, to an ombudsman carrying out his or her duties unless that person acted maliciously or without good faith.

(2) It is unlawful to willfully interfere with ombudsmen in the performance of their official duties.

(3) No ombudsman shall be liable for good faith performance of his or her duties under this chapter, chapter 43.190 RCW, or federal law.

History

Statutory Authority: Chapter 43.190 RCW and Older Americans Act of 1965 (42 U.S.C., 3001 et seq., as amended). WSR 00-09-060, § 365-18-120, filed 4/17/00, effective 5/18/00.

Chapter 365-65 Small business retirement marketplace.

Wash. Admin. Code § 365-65-010 Authority.

These rules are adopted under the authority of RCW 43.330.750.

History

Statutory Authority: RCW 43.330.750 and 43.330.040 (2)(g). WSR 16-12-029, § 365-65-010, filed 5/23/16, effective 6/23/16.

Wash. Admin. Code § 365-65-020 Purpose.

The purpose of this chapter is to define terms, establish eligibility guidelines, and make other provisions for the effective operation of the Washington Small Business Retirement Marketplace.

History

Statutory Authority: RCW 43.330.750 and 43.330.040 (2)(g). WSR 16-12-029, § 365-65-020, filed 5/23/16, effective 6/23/16.

Wash. Admin. Code § 365-65-030 Definitions.

The following words and terms have the following meanings for the purposes of this chapter unless otherwise indicated:

(1) "Approved plan" means:

(a) The myRA retirement program, or

(b) A verified plan offered by a verified financial services firm that has been approved for listing in the marketplace by the department pursuant to this chapter.

(2) "Balanced fund" means a mutual fund that has an investment mandate to balance its portfolio holdings. A balanced fund generally includes a mix of stocks and bonds in varying proportions according to the fund's investment outlook.

(3) "Department" means the Washington state department of commerce.

(4) "Director" means the director of the Washington state department of commerce, or his or her designee.

(5) "Eligible employer" means a self-employed individual, sole proprietor, or an employer with fewer than one hundred qualified employees at the time that its first employee enrolls in an approved plan through the marketplace.

(6) "Enrollee" means any employee, self-employed individual, or sole proprietor, who is voluntarily enrolled in an approved plan offered on the marketplace.

(7) "Marketplace" means the Washington small business retirement marketplace.

(8) "Marketplace operator" or "operator" means a private sector entity with which the director has contracted to operate the marketplace pursuant to chapter 43.330 RCW.

(9) "myRA retirement program" or "myRA" means the myRA retirement program administered by the United States department of the treasury.

(10) "Participating employer" means:

(a) A self-employed individual or sole proprietor who voluntarily enrolls in an approved plan, or

(b) An eligible employer or sole proprietor, that offers one or more approved plans to its employees for voluntary enrollment.

(11) "Qualified employee" or "employee" means a worker who is eligible to participate in a retirement plan, consistent with RCW 43.330.732(8).

(12) "Retirement plan" or "plan" means an arrangement that is designed for retirement purposes and that receives favorable federal tax treatment pursuant to the Internal Revenue Code.

(13) "Target date fund" means a hybrid investment fund that automatically adjusts the asset mix according to a selected time frame that is appropriate for a particular investor, based on the investor's age.

(14) "Verified financial services firm" means a person or entity that has been verified as currently meeting the requirements of RCW 43.330.732(7) by, as applicable:

(a) The department of financial institutions pursuant to its verification process under chapter 208-710 WAC, and/or

(b) The office of the insurance commissioner pursuant to its plan approval process under section K and other relevant provisions of the Washington state system for electronic rate filing (SERFF) Life and Disability Form filing instructions, including but not limited to any certifications required by the office of insurance commissioner.

(15) "Verified plan" means a retirement plan that has been verified as meeting the requirements of RCW 43.330.735 for inclusion in the marketplace by, as applicable:

(a) The department of financial institutions pursuant to its verification process under chapter 208-710 WAC, and/or

(b) The office of the insurance commissioner pursuant to its approval process under section K and other relevant provisions of the Washington state system for electronic rate filing (SERFF) Life and Disability Form filing instructions, including but not limited to any certifications required by the office of insurance commissioner.

(16) "Voluntary," in regard to an employee's enrollment or participation in an approved plan, means enrollment or participation wherein the amount of any contribution of the employee's wages to the plan is:

(a) Affirmatively chosen by the employee, or

(b) Established by default by the employer in accordance with applicable federal laws, provided that the employee receives any required notice of the default contribution amount and may affirmatively choose to contribute a different amount or to entirely opt out of contributing.

(17) "Washington small business retirement marketplace" means the retirement savings program created to connect eligible employers and their employees with approved plans to increase retirement savings.

History

Statutory Authority: RCW 43.330.750 and 43.330.040 (2)(g). WSR 16-12-029, § 365-65-030, filed 5/23/16, effective 6/23/16.

Wash. Admin. Code § 365-65-040 Eligibility.

(1) Verified financial services firms, eligible employers, and qualified employees are eligible to participate in the marketplace.

(2) Participation in the marketplace, and enrollment in an approved plan, is voluntary.

(3) Enrollment in an approved plan is not an entitlement.

History

Statutory Authority: RCW 43.330.750 and 43.330.040 (2)(g). WSR 16-12-029, § 365-65-040, filed 5/23/16, effective 6/23/16.

Wash. Admin. Code § 365-65-050 Approval of verified financial services firms.

(1) A verified financial services firm seeking approval for a verified plan to be offered on the marketplace must submit a complete application in a form prescribed by the department.

(2) A verified financial services firm must offer a minimum of two investment product options in the marketplace: A target date fund or other similar fund, and a balanced fund.

(3) A verified financial services firm must provide information about the historical performance of any investment products offered in the marketplace, consistent with applicable federal laws.

(4) A verified financial services firm must comply with all applicable federal laws to offer retirement plans.

(5) The protocol used by the department and/or the marketplace operator for reviewing and approving the qualifications of financial services firms for participation in the marketplace shall be based on objective criteria, and shall not provide unfair advantage to any entity.

History

Statutory Authority: RCW 43.330.750 and 43.330.040 (2)(g). WSR 16-12-029, § 365-65-050, filed 5/23/16, effective 6/23/16.

Wash. Admin. Code § 365-65-060 Approval of verified plans.

(1) The department will approve a diverse array of verified plan options to be offered in the marketplace, including but not limited to:

(a) Life insurance plans or annuities that are designed for retirement purposes;

(b) Plans for eligible employer participation such as a SIMPLE-IRA type of plan that provides for employer contributions to participant accounts; and

(c) A payroll deduction individual retirement account or individual retirement annuity, or a workplace based individual retirement account open to all workers to which the employer does not contribute.

(2) The department will approve the myRA retirement program to be offered in the marketplace.

(3) A verified plan that is proposed to be offered in the marketplace must be submitted to the department for review and approval, including all documentation, in a form prescribed by the department.

(4) A verified plan that is proposed to be offered in the marketplace must comply with applicable laws and rules, including but not limited to federal tax laws.

History

Statutory Authority: RCW 43.330.730 through [43.330].750 and 2017 c 69. WSR 17-19-058, § 365-65-060, filed 9/13/17, effective 10/14/17. Statutory Authority: RCW 43.330.750 and 43.330.040 (2)(g). WSR 16-12-029, § 365-65-060, filed 5/23/16, effective 6/23/16.

Wash. Admin. Code § 365-65-070 Portability and rollovers.

Nothing in this chapter shall be construed to limit rollovers, or the portability of an employee's retirement savings into or out of approved plans. An approved plan must include the option for an enrollee to rollover or transfer amounts into a different retirement arrangement in accordance with federal tax laws providing for tax free rollovers or transfers after ceasing active participation in the approved plan.

History

Statutory Authority: RCW 43.330.750 and 43.330.040 (2)(g). WSR 16-12-029, § 365-65-070, filed 5/23/16, effective 6/23/16.

Wash. Admin. Code § 365-65-080 Limits on fees.

(1) A verified financial services firm that offers approved plans in the marketplace may not charge participating employers an administrative fee, and may not charge enrollees more than one hundred basis points in total annual fees.

(2) As an exception to the aforementioned limit on fees, financial services firms may charge retirement plan enrollees a de minimis fee for new and/or low balance accounts in amounts, and for durations, negotiated and agreed upon by the department and the verified financial services firm, as follows:

(a) A financial services firm that intends to negotiate a de minimis fee for retirement plan enrollees with new and/or low balance accounts must contact the department with a request to enter into negotiations.

(b) A de minimis fee must be negotiated with the department and established as an agreement through a contractual instrument to be specified by the department. Once established, a de minimis fee must be evidenced in the plan agreement provided to enrollees. The agreed upon de minimis fee will be displayed on the product comparison and product detail pages of the marketplace website.

(c) The director must limit plans to those with total fees the director considers reasonable based on all the facts and circumstances, including but not limited to:

(i) The primary mission to increase access to low-cost and low-barrier retirement savings plans for small businesses and their employees;

(ii) The goal of bringing new savers into retirement plans;

(iii) The market conditions faced by financial services firms to establish and service retirement savings plans for enrollees with new and/or low-balance accounts;

(iv) The goal of maintaining and improving fee transparency and simplicity; and/or

(v) Attempts on the part of the financial services firm to arrive at a low cost fee arrangement without charging a de minimis fee.

(d) Once a de minimis fee has been agreed upon by the department and the financial services firm, the financial services firm must supply a copy of the executed agreement to the department of financial institutions.

(e) Any changes to an agreed upon de minimis fee must be negotiated and agreed upon with the department prior to submission of an amended application for verification with the department of financial institutions.

(f) No later than September 2020, the department will evaluate the ongoing need to allow de minimis fees to be charged to enrollees.

History

Statutory Authority: RCW 43.330.730 through [43.330].750 and 2017 c 69. WSR 17-19-058, § 365-65-080, filed 9/13/17, effective 10/14/17. Statutory Authority: RCW 43.330.750 and 43.330.040 (2)(g). WSR 16-12-029, § 365-65-080, filed 5/23/16, effective 6/23/16.

Wash. Admin. Code § 365-65-090 Removal of plans.

An approved plan shall be removed from the marketplace if the plan, or the financial services firm offering the plan, no longer meets the requirements of this chapter, chapter 43.330 RCW, or any other applicable law or rule.

History

Statutory Authority: RCW 43.330.750 and 43.330.040 (2)(g). WSR 16-12-029, § 365-65-090, filed 5/23/16, effective 6/23/16.

Wash. Admin. Code § 365-65-095 Conflict with other laws.

If any part of these rules are found to conflict with federal or state laws, including but not limited to those that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of these rules is inoperative solely to the extent of the conflict, and this finding does not affect the operation of the remainder of these rules.

History

Statutory Authority: RCW 43.330.750 and 43.330.040 (2)(g). WSR 16-12-029, § 365-65-095, filed 5/23/16, effective 6/23/16.

Chapter 365-70 Allocating single family housing bonds among local housing agencies.

Wash. Admin. Code § 365-70-010 Definitions.

(1) "Act" means E2SSB No. 3245, chapter 161, Laws of 1983.

(2) "Agency" means the planning and community affairs agency.

(3) "Code" means the Internal Revenue Code of 1954, as amended, and regulations promulgated thereunder.

(4) "Commission" means the state housing finance commission.

(5) "Local housing agency" means any municipal corporation or other entity authorized under state law to issue bonds for the financing of single family housing in accordance with section 103A of the code.

(6) "Distribution date" means the date by which the director of the agency will make the allocation of single housing family bonds among local housing agencies.

History

Statutory Authority: 1983 c 161 § 20. WSR 83-17-047 (Order 83-03), § 365-70-010, filed 8/16/83.

Wash. Admin. Code § 365-70-020 Applications.

(1) Any local housing agency which intends to issue bonds within a calendar year for the financing of single family housing in accordance with the code, shall submit an application to be received by the agency no later than January 1 of such year: Provided, That for calendar year 1983 such application shall be received no later than July 1, 1983.

(2) Such application shall contain the following information: (i) The jurisdiction served by the applicant and the population of such jurisdiction; (ii) the amount of bonds intended to be issued during the calendar year; (iii) the amount of housing to be supplied as a result of such financing; (iv) a description of the housing and financing proposed; (v) a statement regarding the likelihood of completing such financing during the calendar year (reference should be made to the existence of bond purchase contracts or other documentation already executed or scheduled to be executed); (vi) a statement regarding the consistency of the project(s) with the plan of the commission, if available; (vii) a statement concerning coordination with other applicable federal and state programs; (viii) any other information the applicant believes is pertinent to the agency's decision to grant an allocation distribution.

History

Statutory Authority: 1983 c 161 § 20. WSR 83-17-047 (Order 83-03), § 365-70-020, filed 8/16/83.

Wash. Admin. Code § 365-70-030 Distributions.

The director of the agency shall make a distribution of all or a portion of the allocation of single family housing bonds available to local housing agencies pursuant to the act and the code. Such distribution shall be made by the director no later than February 1: Provided, That for 1983 it shall be made no later than September 1, 1983. The distribution shall be announced in writing, mailed to each applicant and copies thereof made available by the director to all interested parties.

History

Statutory Authority: 1983 c 161 § 20. WSR 83-17-047 (Order 83-03), § 365-70-030, filed 8/16/83.

Wash. Admin. Code § 365-70-040 Criteria for distribution.

In determining such distribution the director shall attempt to make available to local housing agencies and the commission the maximum amount of housing financing allocable pursuant to the code and the act. The director shall specifically consider:

(1) The amount of housing to be made available by each applicant;

(2) The population within the jurisdiction of each applicant;

(3) Coordination with other applicable federal and state housing programs;

(4) The likelihood of implementing the proposed financing during that year; and

(5) Consistency with the plan of the commission, if available.

History

Statutory Authority: 1983 c 161 § 20. WSR 83-17-047 (Order 83-03), § 365-70-040, filed 8/16/83.

Wash. Admin. Code § 365-70-050 1983 Distribution.

For calendar year 1983 the distribution to a local housing agency shall include bonds issued by it on or before June 30, 1983, but in an amount not to exceed twenty-five million dollars per issuer and in an aggregate amount for all local housing agencies not to exceed forty-six million dollars.

History

Statutory Authority: 1983 c 161 § 20. WSR 83-17-047 (Order 83-03), § 365-70-050, filed 8/16/83.

Wash. Admin. Code § 365-70-060 Distribution prior to distribution date.

A local housing agency may request a decision regarding its distribution amount prior to the distribution date if a bond issue is scheduled to be sold prior to the distribution date and a failure to certify such a distribution would impose an unavoidable or serious hardship on the local agency and its housing program. The director may, under such circumstances, grant a specific allocation in advance of the distribution date if such action would not seriously impair the ability of another applicant to issue bonds which would otherwise be likely to be allocated on the distribution date.

History

Statutory Authority: 1983 c 161 § 20. WSR 83-17-047 (Order 83-03), § 365-70-060, filed 8/16/83.

Wash. Admin. Code § 365-70-070 Confirmation of distribution.

Each local housing authority that receives a distribution must confirm its distribution by providing the agency with a copy of an executed bond purchase contract or alternative documentation deemed sufficient by the commission to evidence the reasonable likelihood that the distribution will be fully used. Any portion of such distribution which is not confirmed will be added to the allocation of the commission. Such confirmation must be received by the agency no later than June 1: Provided, That for 1983 such confirmation must be received no later than October 1, 1983. The agency shall provide written notice of any change in the distribution to the affected local housing authority prior to the effectiveness of any such change.

History

Statutory Authority: 1983 c 161 § 20. WSR 83-17-047 (Order 83-03), § 365-70-070, filed 8/16/83.

Chapter 365-80 Fire protection contracts for state facilities with cities and towns.

Wash. Admin. Code § 365-80-100 Authority.

This chapter is promulgated pursuant to the authority granted in chapter 35.21 RCW.

History

Statutory Authority: Chapter 35.21 RCW. WSR 92-15-047 (Order 92-05), § 365-80-100, filed 7/10/92, effective 8/10/92.

Wash. Admin. Code § 365-80-110 Purpose.

The purpose of these rules is to implement the provisions of Substitute House Bill No. 2937 (chapter 117, Laws of 1992) which provides that state agencies and municipalities may negotiate fire protection contracts at their discretion, and also provides that certain municipalities are eligible to enter into compulsory fire protection contracts with state agencies. These rules set forth the guidelines that the department will use in determining which municipalities are eligible to enter into compulsory fire protection contracts with state agencies, and a process for resolving disputes between the parties negotiating any such contracts.

History

Statutory Authority: Chapter 35.21 RCW. WSR 92-15-047 (Order 92-05), § 365-80-110, filed 7/10/92, effective 8/10/92.

Wash. Admin. Code § 365-80-120 Definitions.

(1) "Department" means the department of community development.

(2) "Director" means the director of the department of community development.

(3) "Fire protection services" mean those fire services normally provided by a city or town for the protection of persons and property, except equipment operated and facilities owned by a city or town.

(4) "State facilities" mean buildings or facilities owned by the state or an agency or institution of the state, except those leased to a nontax-exempt person or organization, located within a city's or town's territorial limits.

(5) "State agency" means any agency or institution of the state of Washington.

(6) "Compulsory fire protection contract" means a fire protection contract as described in WAC 365-80-130.

(7) "Municipality" means city or town.

History

Statutory Authority: Chapter 35.21 RCW. WSR 92-15-047 (Order 92-05), § 365-80-120, filed 7/10/92, effective 8/10/92.

Wash. Admin. Code § 365-80-130 Eligible municipalities.

Section 4, chapter 117, Laws of 1992, provides that when a municipality has one or more state agencies located within its city limits, the municipality and the agency or agencies may enter into fire protection contracts. Section 6, chapter 117, Laws of 1992, provides that in cities or towns where the estimated value of state facilities, as determined by the department, equals ten percent or more of the municipality's total assessed valuation, the state agency shall enter into a compulsory fire protection contract to provide the municipality with an equitable share of its fire protection services costs. An exception is provided where fire protection services are performed by state staff and equipment or by a fire protection district pursuant to RCW 52.30.020.

History

Statutory Authority: Chapter 35.21 RCW. WSR 92-15-047 (Order 92-05), § 365-80-130, filed 7/10/92, effective 8/10/92.

Wash. Admin. Code § 365-80-140 Notification of intent to contract.

Cities and towns shall notify the department and the appropriate state agency in writing, not later than July 1 of the fiscal year for which payment shall be made, of their intent to enter into compulsory fire protection contract negotiations. When more than one state agency is located in a city or town, that municipality may notify only the department of its intent to enter into compulsory fire contract negotiations, and the department shall thereupon notify the appropriate state agencies of the municipality's intent. Municipalities making such notification shall include the name of the state agency or agencies which have state-owned facilities located therein. The department shall verify whether the state agency facilities in the municipality meet the estimated value threshold.

History

Statutory Authority: Chapter 35.21 RCW. WSR 92-15-047 (Order 92-05), § 365-80-140, filed 7/10/92, effective 8/10/92.

Wash. Admin. Code § 365-80-150 Method for determining state agency square footage.

After a municipality notifies the department of its intent to enter into compulsory fire protection contract negotiations (WAC 365-80-140), the department shall request a written report from each state agency in that municipality identifying the agency's state-owned facilities located therein. The report shall provide the square footage for each agency, and shall be submitted to the department within twenty days after receiving the request. The square footage shall be calculated as of July 1 of the fiscal year for which payment shall be made. No adjustments will be made until the following year for new facilities built or acquired after the determinations have been made.

History

Statutory Authority: Chapter 35.21 RCW. WSR 92-15-047 (Order 92-05), § 365-80-150, filed 7/10/92, effective 8/10/92.

Wash. Admin. Code § 365-80-160 Method for determining estimated values.

The department shall estimate the value of a state facility by formula, using the facility's total square footage and an estimated value per square foot, as developed by the department in consultation with the department of general administration and the association of Washington cities. State facility values so assigned shall be used solely for the purpose of determining a municipality's eligibility to enter into compulsory fire protection contract negotiations, and shall be reviewed annually and revised accordingly.

History

Statutory Authority: Chapter 35.21 RCW. WSR 92-15-047 (Order 92-05), § 365-80-160, filed 7/10/92, effective 8/10/92.

Wash. Admin. Code § 365-80-170 Notification to municipalities.

Not later than July 31 of each year the department shall inform in writing each municipality making notification under WAC 365-80-140, and the appropriate state agency or agencies, whether or not the municipality meets the estimated value threshold.

History

Statutory Authority: Chapter 35.21 RCW. WSR 92-15-047 (Order 92-05), § 365-80-170, filed 7/10/92, effective 8/10/92.

Wash. Admin. Code § 365-80-180 Good faith negotiations.

Negotiations for compulsory fire protection contracts shall be conducted in good faith. Good faith negotiations may include consideration of the unique benefits and burdens associated with the presence of the state facility or facilities in the city or town.

History

Statutory Authority: Chapter 35.21 RCW. WSR 92-15-047 (Order 92-05), § 365-80-180, filed 7/10/92, effective 8/10/92.

Wash. Admin. Code § 365-80-190 Dispute resolution.

If disputes arise when negotiating compulsory fire protection contracts, they shall be disposed of as follows:

(1) When notified by one of the parties of a disagreement, the director shall mediate a resolution.

(2) If the impasse continues, the director shall recommend a resolution. Mediation efforts shall be completed within thirty days after the director is notified.

(3) If the recommended resolution is not accepted, the director shall direct the parties to arbitration. Arbitration shall be conducted by a neutral arbiter acceptable to each party to the negotiations, and shall be completed within sixty days after being initiated. The arbiter shall select the final offer of either of the contracting parties, or the director's recommended resolution. Expenses associated with the arbitration shall be borne by the contracting parties, and the arbiter's decision shall be final, binding, and nonappealable.

History

Statutory Authority: Chapter 35.21 RCW. WSR 92-15-047 (Order 92-05), § 365-80-190, filed 7/10/92, effective 8/10/92.

Wash. Admin. Code § 365-80-200 Annual payments.

Payment for compulsory fire protection contracts shall be made directly to the municipalities not later than November 30 of each year. In cases involving arbitration, payment shall be made to the municipalities within thirty days of the arbiter's decision.

History

Statutory Authority: Chapter 35.21 RCW. WSR 92-15-047 (Order 92-05), § 365-80-200, filed 7/10/92, effective 8/10/92.

Chapter 365-90 Supplemental law enforcement resources for border areas.

Wash. Admin. Code § 365-90-060 Responsibilities of eligible jurisdictions.

Eligible jurisdictions are responsible for complying with the legislative intent of the bordertowns program as cited in RCW 43.63A.190. The legislative intent shall be met by the following:

(1) Utilization of funds to augment and maintain existing levels of local police service.

(2) Utilization of funds for the procurement of law enforcement personnel, equipment or activities within the local police department which will be directly rendered in the control or curtailment of border related traffic and criminal problems. Funds are not appropriated for the purpose of increasing existing police personnel salaries, wages, or benefits, except that funds may be used to pay existing and/or new police personnel for overtime work.

History

Statutory Authority: RCW 43.63A.190. WSR 83-22-037 (Order 83-08), § 365-90-060, filed 10/27/83.

Wash. Admin. Code § 365-90-070 Changes.

The department, after consultation, discussion, or advisement, may modify or make minor adjustments to the formula for allocation of funds for the program. All decisions of the department under this program shall be final.

History

Statutory Authority: RCW 43.63A.060. WSR 91-04-017 (Order 91-01), § 365-90-070, filed 1/28/91, effective 2/28/91. Statutory Authority: RCW 43.63A.190. WSR 83-22-037 (Order 83-08), § 365-90-070, filed 10/27/83.

Chapter 365-100 Winter utility moratorium program.

Wash. Admin. Code § 365-100-010 General purpose.

The following regulations are adopted pursuant to chapter 245, Laws of 1986 for the purpose of implementing a moratorium on utility shut-off's during the winter. The legislature has determined and declared that utilities that supply electricity or natural gas for home heating cannot discontinue service for low-income households between November 15 and March 15 for reasons of nonpayment provided the customer complies with the provisions of the act.

The purpose of this chapter is to outline the conditions and procedures under which the department of community development (DCD) and its contractors will implement this program pursuant to chapter 245, Laws of 1986.

History

Statutory Authority: Chapter 43.63A RCW. WSR 87-10-020 (Order 87-08), § 365-100-010, filed 5/1/87. Statutory Authority: RCW 43.63A.080. WSR 85-05-017 (Order 84-02), § 365-100-010, filed 2/13/85
WSR 84-21-087 (Order 84-02), § 365-100-010, filed 10/19/84.

Wash. Admin. Code § 365-100-020 Definitions.

The following definitions shall apply to terms in chapter 245, Laws of 1986, and/or this chapter:

"Applicant" refers to a client of a community action agency or other public or private nonprofit organization, or a current customer of a utility company, or an applicant for service of a utility company, who applies for the moratorium program or other energy assistance.

"Contractor" means community action agency or other public or private nonprofit organizations providing energy assistance and weatherization services under contract with the department of community development.

"Business days" means all days except Saturday, Sunday and legal holidays.

"Client income statement" means a statement the applicant signs that acknowledges household gross income, self-certified income, and seven percent of household's income. The statement acknowledges whether the income is verified or unverified, whether the applicant has applied for energy and weatherization assistance, and whether the utility company and the agency were properly notified by the applicant. The statement also acknowledges that the applicant agrees to enter into a payment plan, to pay the past due bill by October 15 even if they move, to pay for continued utility service, and to apply any assistance received to the bill.

"Date of application" means the day the applicant notifies the utility of their inability to pay the bill.

"Extenuating circumstances" means anything beyond the reasonable control of the applicant.

"Household income" means the total income of all household members considered for LIHEAP eligibility determination.

"LIHEAP" means low-income home energy assistance program, a federally-funded block grant.

"Low-income households" means households whose total income is no more than 125 percent of the federal poverty level.

"Overdue notice" means a written notice to disconnect service on a given date, unless payment is made.

"Utility" means regulated electric and gas companies, public utility districts, and municipal electric suppliers.

History

Statutory Authority: Chapter 43.63A RCW. WSR 87-10-020 (Order 87-08), § 365-100-020, filed 5/1/87. Statutory Authority: RCW 43.63A.080. WSR 85-05-017 (Order 84-02), § 365-100-020, filed 2/13/85
WSR 84-21-087 (Order 84-02), § 365-100-020, filed 10/19/84.

Wash. Admin. Code § 365-100-030 Applicant responsibilities.

(1) The applicant shall notify the utility of the inability to pay the bill, or the security deposit, within five business days. Notification may be made in person, in writing, or by telephone.

(2) The applicant shall contact the contractor within five business days from the date of notification to the utility to complete a client income statement. The applicant shall self-certify twelve months of household income.

(3) The applicant shall provide the utility with the completed client income statement of unverified income within twenty days from the date of application. Verified income, or acceptance of self-certification, must be supplied to the utility within forty-five days of application. (See WAC 365-100-040.)

(4) At the time the client income statement is submitted to the utility, the applicant shall enter an agreement to pay no less than seven percent of the applicant's household monthly income, plus one-twelfth of any billing accrued from the date application is made and thereafter through March 15, during the period of the utility moratorium.

(5) Prior to March 15, the applicant and the utility shall enter into an agreement with the specific terms for the repayment of any account balance. Such repayment agreement shall require full payment of the balance no later than October 15 of that year, unless other arrangements are provided by the utility.

History

Statutory Authority: Chapter 43.63A RCW. WSR 87-10-020 (Order 87-08), § 365-100-030, filed 5/1/87. Statutory Authority: RCW 43.63A.080. WSR 85-05-017 (Order 84-02), § 365-100-030, filed 2/13/85
WSR 84-21-087 (Order 84-02), § 365-100-030, filed 10/19/84.

Wash. Admin. Code § 365-100-040 Contractor responsibilities.

(1) The contractor may use the unverified client income statement to expedite the process for determining client eligibility for the moratorium program. The contractor may accept the applicant's self-certification of income in determining eligibility, or verify and document income in accordance with LIHEAP procedures. In either instance, the contractor shall notify the utility and the applicant of the applicant's eligibility no later than forty-five days from the date of application.

(2) The contractor shall provide the client income statement and assist the applicant in completing the statement when applying for the moratorium program. If the applicant contacts the contractor to apply for the moratorium program before notifying the utility of their inability to pay the bill, the contractor shall instruct the applicant to immediately contact the utility.

(3) The contractor shall interview the applicant for energy and weatherization assistance.

(4) The contractor shall provide the client income statement of unverified income to the applicant within twenty days from the date of application.

(5) The contractor shall inform the applicant that default on an agreed payment plan with the utility will remove moratorium protection until the past due bill is paid.

(6) The contractor shall advise the applicant that disconnection of services is possible if:

(a) Verified income is not supplied to the utility within forty-five days of application and no interim payment agreement has been made with the utility by the applicant.

(b) The applicant has been determined income ineligible.

(7) The contractor shall inform the applicant that the utility is required to offer a choice between a budget billing plan or equal payment plan.

History

Statutory Authority: Chapter 43.63A RCW. WSR 87-10-020 (Order 87-08), § 365-100-040, filed 5/1/87. Statutory Authority: RCW 43.63A.080. WSR 85-05-017 (Order 84-02), § 365-100-040, filed 2/13/85
WSR 84-21-087 (Order 84-02), § 365-100-040, filed 10/19/84.

Chapter 365-130 Bond users clearinghouse.

Wash. Admin. Code § 365-130-010 Purpose of the bond users clearinghouse.

In accordance with chapter 39.44 RCW, RCW 43.63A.155, and chapter 130, Laws of 1985, the department of community development will maintain records of bonds issued by local governments in the state of Washington. The purpose of the bond users clearinghouse is to collect information which identifies the amount, type, and cost of municipal bonds being issued. The bond users clearinghouse will serve as an information source for local governments regarding the municipal bond market and as a public record of municipal bond issues.

History

Statutory Authority: RCW 43.63A.155. WSR 86-06-024 (Order 85-18), § 365-130-010, filed 2/27/86.

Wash. Admin. Code § 365-130-020 Definitions.

(1) "Local government" means any county, city, town, special purpose district, political subdivision, municipal corporation, or quasi-municipal corporation, including any public corporation created by such an entity.

(2) "Bond" means any agreement which may or may not be represented by a physical instrument, including notes, warrants, or certificates of indebtedness, that evidences an indebtedness of a state or a local government or a fund thereof, where the state or local government agrees to pay a specified amount of money, with or without interest, at a designated time or times to either registered owners or bearers, and also including any other indebtedness that may be issued by the state or local government to fund private activities or purposes where the indebtedness is of a nonrecourse nature payable from private sources, except obligations subject to chapter 39.84 RCW.

History

Statutory Authority: RCW 43.63A.155. WSR 86-06-024 (Order 85-18), § 365-130-020, filed 2/27/86.

Wash. Admin. Code § 365-130-030 Collection of municipal bond information.

(1) The department of community development will supply to local governments and state agencies a form for reporting bond issue information. Information to be reported will be based on the requirements of RCW 39.44.210, 39.44.230, and chapter 130, Laws of 1985, and will include the names of the principals involved in the bond issue, in conjunction with the purpose of the bond users clearinghouse, as stated in WAC 365-130-010. Copies of the bond covenants and the official statement may also be required.

(2) Local governments, except those for whom the state fiscal agency acts as the bond registrar, must return the completed form and any other pertinent documents requested, including a copy of the bond covenants, to the department of community development within thirty days of the bond issuance.

(3) When the state fiscal agency acts as the bond registrar for a local government, the state fiscal agency will return the completed form and pertinent documents to the department of community development within thirty days of the bond issuance.

(4) State agencies issuing bonds are requested to voluntarily submit the completed form or the equivalent information to the department of community development within thirty days of the bond issuance.

History

Statutory Authority: RCW 43.63A.155. WSR 86-06-024 (Order 85-18), § 365-130-030, filed 2/27/86.

Wash. Admin. Code § 365-130-040 Publication of municipal bond information.

The department of community development will publish summaries of bond issues at least annually. Bond users clearinghouse summaries will be available to local governments, the legislature, state agencies, and the general public upon request.

History

Statutory Authority: RCW 43.63A.155. WSR 86-06-024 (Order 85-18), § 365-130-040, filed 2/27/86.

Chapter 365-135 Bond cap allocation.

Wash. Admin. Code § 365-135-010 Purpose.

The federal Tax Reform Act of 1986 imposes an annual ceiling on each state limiting the dollar volume of certain private activity bonds that can be issued. In addition, Congress from time-to-time enacts volume ceilings on other types of bonds. To allocate the bond volume ceilings among eligible issuers in Washington state, chapter 297, Laws of 1987 as amended has been enacted. In accordance with the statute, the department of commerce will allocate the state's bond ceilings and establish by rule a fee schedule. The department will carry out such functions through the bond cap allocation program (BCAP).

History

Statutory Authority: Chapter 39.86 RCW, Executive Order 09-06, Federal American Recovery and Reinvestment Act of 2009, and Section 301(a) of Tax Extenders and Alternative Minimum Tax Relief Act of 2008, Division C of Pub. L. 110-343. WSR 10-07-128, § 365-135-010, filed 3/23/10, effective 4/23/10. Statutory Authority: Chapter 39.86 RCW and RCW 43.330.040 (2)(g). WSR 97-02-093, § 365-135-010, filed 1/2/97, effective 2/2/97. Statutory Authority: 1987 c 297. WSR 87-19-082 (Order 87-18), § 365-135-010, filed 9/16/87.

Wash. Admin. Code § 365-135-020 Definitions.

The definitions in this section apply throughout this chapter unless the context clearly provides otherwise.

Allocation fee: The total fee paid by the issuer to the department for receiving allocation from the BCAP. It is assessed by the department based on multiplying the requested allocation amount by .000277 or five hundred dollars, whichever is greater. The allocation fee, which includes the nonrefundable five hundred dollar filing fee, is due from the issuer upon filing an application.

Department: The Washington state department of commerce.

Extension fee: The fee the department may assess when an issuer requests and is granted an extension for issuing the allocation or carryforward of the allocation. The amount of the fee will not exceed two hundred fifty dollars and is nonrefundable.

Filing fee: The nonrefundable five hundred dollar portion of the allocation fee.

Original allocation: The amount of qualified energy conservation bond, recovery zone economic development bond or recovery zone facility bond issuing authority awarded to an originally awarded locality by a formula in federal law.

Originally awarded locality: A city or county that has been allocated qualified energy conservation bond, recovery zone economic development bond or recovery zone facility bond authority by a formula contained in federal law.

Reallocation: The assignment of an unused portion of the state ceiling from one bond use category or issuer to another or the provision of a certificate of approval to any issuer for an allocation amount which previously had been returned to the department.

Statute: Chapter 39.86 RCW.

History

Statutory Authority: Chapter 39.86 RCW, Executive Order 09-06, Federal American Recovery and Reinvestment Act of 2009, and Section 301(a) of Tax Extenders and Alternative Minimum Tax Relief Act of 2008, Division C of Pub. L. 110-343. WSR 10-07-128, § 365-135-020, filed 3/23/10, effective 4/23/10. Statutory Authority: Chapter 39.86 RCW. WSR 00-02-061, § 365-135-020, filed 1/3/00, effective 2/3/00. Statutory Authority: Chapter 39.86 RCW and RCW 43.330.040 (2)(g). WSR 97-02-093, § 365-135-020, filed 1/2/97, effective 2/2/97. Statutory Authority: Chapter 39.86 RCW. WSR 93-13-012 (Order 93-05), § 365-135-020, filed 6/7/93, effective 1/1/94. Statutory Authority: 1987 c 297. WSR 87-19-082 (Order 87-18), § 365-135-020, filed 9/16/87.

Wash. Admin. Code § 365-135-030 Initial allocations.

Initial allocations shall be made in accordance with provisions of the statute and federal code.

History

Statutory Authority: Chapter 39.86 RCW, Executive Order 09-06, Federal American Recovery and Reinvestment Act of 2009, and Section 301(a) of Tax Extenders and Alternative Minimum Tax Relief Act of 2008, Division C of Pub. L. 110-343. WSR 10-07-128, § 365-135-030, filed 3/23/10, effective 4/23/10. Statutory Authority: 1987 c 297. WSR 87-19-082 (Order 87-18), § 365-135-030, filed 9/16/87.

Wash. Admin. Code § 365-135-035 Reallocations.

(1) Housing programs and projects will be given priority for the first fifty percent of the annual tax exempt private activity bond cap available after July 1st each year because of the need for affordable housing, the program's ability to serve lower-income households, its contribution to and support of economic development and long-term benefits that may be achieved.

(2) Bond cap will consider other categories of applications including industrial development bonds, exempt facilities, public utility districts, and student loans for allocation from the remaining bond cap available after July 1st.

(a) The program will consider and then evaluate and balance the public benefits listed in statute and in rule in making allocation decisions. Allocations will be based upon the likelihood of a project achieving the highest overall public purposes and the degree to which a project:

(i) Provides an economic boost to an economically distressed community (based on the three-year unemployment figures from employment security);

(ii) Creates or retains jobs that pay higher than the median wage for the county in which it is located, in sustainable industries, particularly for lower-income persons;

(iii) Retains or expands the local tax base;

(iv) Encourages and facilitates the provision of student loans for institutions of higher education;

(v) Reduces environmental pollution;

(vi) Facilitates investments in new manufacturing technologies enabling Washington industries to stay competitive;

(vii) Diverts solid waste from disposal and manufactures it into value-added products;

(viii) Encourages the environmentally sound handling of solid waste using best management's practices; or

(ix) Produces competitively priced energy for use in the state.

(b) The criteria in this section and other applicable criteria otherwise established in statute and rule shall not be considered as ranked in any particular order but shall be weighed and balanced for each application and among applications in making allocation decisions.

(3) For the purposes of qualified energy conservation bonds, the federal code and U.S. Department of Treasury guidance contained in IRS Notice 2009-29 allow formula allocations to be reallocated to the state and passed on by the state to other issuers. An originally awarded locality may designate other issuing localities within the jurisdiction of the originally awarded locality to use all or a portion of its original allocation by any procedure mutually acceptable to both parties, on condition that the originally awarded locality provides documentation of the designation to the department within thirty days of making the designation and ensures that all other department requests for documentation are met. The following procedures will apply to qualified energy conservation bond reallocations:

(a) An originally awarded locality that intends to use its original allocation or intends to designate another issuer within the jurisdiction of the originally awarded locality to use the original allocation must file a Notice of Intent form with the department by January 1, 2010.

(b) An originally awarded locality that has chosen to decline its original allocation may affirmatively reallocate to the state by submitting an appropriately marked Notice of Intent form.

(i) The form must be signed by the official(s) of the jurisdiction authorized to execute the form pursuant to a resolution declining the allocation adopted by the jurisdiction's governing body; and

(ii) The form and the resolution declining the allocation must be delivered to the department by January 1, 2010.

(c) An originally awarded locality that has used the Notice of Intent form to express its intent to use its original allocation may amend the Notice of Intent at a later time if it is determined that the locality is unable to use the allocation and has decided to reallocate to the state.

(d) An originally awarded locality intending to use its original allocation must provide the department with project information and supporting documents by February 1, 2010. Supporting documents include Bond Counsel and Underwriter Statement of Intent forms, or equivalent, at the discretion of the bond cap manager, and a certified copy of an inducement resolution by the governing board. A locality may request an extension if filed by February 1, 2010.

(e) If an originally awarded locality has not provided the department with the documents required by subsections (1), (2) or (4) of this section or has not issued bonds or requested an extension by June 1, 2010, the department may issue a Notice of Intent to Reallocate, informing the locality of the intent to reallocate the original allocation to another locality.

(f) An originally awarded locality will have fifteen days from receipt of a Notice of Intent to Reallocate to respond to the department with the required documentation or to ask the department to reconsider the reallocation determination.

(g) The department will respond to a request to reconsider a reallocation determination within ten business days with a decision by the assistant director of the local government division or designee to grant an extended time in which the issuing jurisdiction must demonstrate progress toward a qualified energy conservation bond issuance, or a decision to go forward with reallocation of the authority. The length of the time extension shall be determined at the discretion of the assistant director.

(4) For the purposes of recovery zone economic development bond and recovery zone facility bond allocations, an originally awarded locality may designate other issuing localities within the jurisdiction of the originally awarded locality to use all or a portion of its original allocation by any procedure mutually acceptable to both parties, on condition that the originally awarded locality provides documentation of the designation to the department within thirty days of making the designation and ensures that all other department requests for documentation are met.

If an originally awarded locality is not able to or chooses not to use its original allocation or to offer it to another issuer within the jurisdiction of the originally awarded locality, the authority may be waived. Waived recovery zone economic development bond or recovery zone facility bond authority may be reallocated by the department to other issuing localities. In addition, if an originally awarded locality does not respond to the department's requests for information regarding its intent to use its original allocation or progress in moving toward issuance by the federal deadline, the department may deem the allocation to have been waived.

In such cases, federal code provisions and U.S. Department of Treasury guidance in IRS Notice 2009-50 allow original allocations to be waived then reallocated by the state to other issuing localities. The following procedures will apply to any reallocations of waived recovery zone economic development bond or recovery zone facility bond authority:

(b) An originally awarded locality that has chosen to decline its original allocation may affirmatively waive the allocation for reallocation by the state by submitting an appropriately marked Notice of Intent form.

(i) The form must be signed by the official(s) of the jurisdiction authorized to execute the form pursuant to a resolution declining the allocation adopted by the jurisdiction's governing body; and

(ii) The form and the resolution declining the allocation must be delivered to the department by January 1, 2010.

(c) An originally awarded locality that has used the Notice of Intent form to express its intent to use its original allocation may amend the Notice of Intent at a later time if it is determined that the locality is unable to use its original allocation and has decided to waive the allocation for reallocation by the state.

(e) If an originally awarded locality has not provided the department with the documents required by subsections (1), (2) or (4) of this section or has not issued bonds or requested an extension by June 1, 2010, the department may issue a Notice of Intent to Reallocate, informing the locality of the intent to deem the original allocation to have been waived and to reallocate it to another locality.

(g) The department will respond to the request to reconsider its waiver and reallocation determination within ten business days with a decision by the assistant director of the local government division to grant an extended time in which the issuing jurisdiction must demonstrate progress toward a recovery zone economic development bond or recovery zone facility bond issuance, or a decision to go forward with waiver and reallocation of the authority. The length of the time extension shall be determined at the discretion of the assistant director.

(h) All recovery zone bonds must be issued by the deadlines established in the code.

History

Statutory Authority: RCW 34.05.353 (1)(b) and (d). WSR 21-15-104, § 365-135-035, filed 7/20/21, effective 8/20/21. Statutory Authority: Chapter 39.86 RCW, Executive Order 09-06, Federal American Recovery and Reinvestment Act of 2009, and Section 301(a) of Tax Extenders and Alternative Minimum Tax Relief Act of 2008, Division C of Pub. L. 110-343. WSR 10-07-128, § 365-135-035, filed 3/23/10, effective 4/23/10. Statutory Authority: Chapter 39.86 RCW and RCW 43.330.040 (2)(g). WSR 97-02-093, § 365-135-035, filed 1/2/97, effective 2/2/97.

Wash. Admin. Code § 365-135-040 Procedure for obtaining an allocation, reallocation, extension, or carryforward.

No issuer may receive an allocation, or reallocation, of the state ceiling without a certificate of approval from the department.

Issuers may apply for a certificate of approval by submitting a completed allocation request form to the department and paying an allocation fee. An allocation request form will be available from the department.

The department will respond to any such completed request in accordance with the statute. If an issuer does not issue bonds or mortgage credit certificates in the amount and by the date for which it has received a certificate of approval, the unused amount shall revert to the department for reallocation, unless an extension or carryforward is granted.

An issuer may apply for an extension or carryforward of its allocation by submitting its request to the department and supplying any additional information required by the department. The department will promptly notify the issuer if any fees are due and respond to the request for extension or carryforward in a timely manner.

The housing category will be given priority for carryforward allocations of the annual tax exempt private activity bond ceiling.

History

Statutory Authority: Chapter 39.86 RCW, Executive Order 09-06, Federal American Recovery and Reinvestment Act of 2009, and Section 301(a) of Tax Extenders and Alternative Minimum Tax Relief Act of 2008, Division C of Pub. L. 110-343. WSR 10-07-128, § 365-135-040, filed 3/23/10, effective 4/23/10. Statutory Authority: Chapter 39.86 RCW and RCW 43.330.040 (2)(g). WSR 97-02-093, § 365-135-040, filed 1/2/97, effective 2/2/97. Statutory Authority: Chapter 39.86 RCW. WSR 93-13-012 (Order 93-05), § 365-135-040, filed 6/7/93, effective 1/1/94. Statutory Authority: 1987 c 297. WSR 87-19-082 (Order 87-18), § 365-135-040, filed 9/16/87.

Wash. Admin. Code § 365-135-050 Fees.

(1) A fee schedule is hereby established, which will consist of:

(a) An allocation or reallocation fee, due at the time a request is filed with the department of commerce; and

(b) In certain cases, an extension or carryforward fee.

If an issuer's allocation or reallocation request is denied, the allocation fee, less the five hundred dollar filing fee, will be refunded.

Annually, the department will determine if an adjustment of the fees is warranted by reviewing the account of BCAP revenues and expenses for the preceding fiscal year and by considering BCAP budget projections for the following fiscal year.

(2) Payment of the fees will occur as indicated by the schedule below.

(a) Filing. Upon filing an allocation request, the issuer must submit the total allocation fee, of which the five hundred dollar filing fee is nonrefundable.

(b) Extensions and carryforwards. The department may assess an extension fee, not to exceed two hundred fifty dollars, upon any request for extension or carryforward. The extension fee must be paid prior to the extension being granted. However, if the BCAP administrator determines that an issuer's allocation fee included a sufficient amount to pay for the additional administrative expenses associated with granting or denying such a request, the additional fee shall be waived.

(c) Refunds. If a requesting issuer pays any fee greater than the amount assessed by the department, that amount shall be refunded by the department.

If the allocation request is denied or a partial allocation is approved, the issuer will receive either a full or partial refund of the allocation fee, less the five hundred dollar filing fee. Once the allocation amount is approved, the allocation fee is not refundable, even if the issuer does not issue all or any of the approved allocation.

History

Statutory Authority: Chapter 39.86 RCW, Executive Order 09-06, Federal American Recovery and Reinvestment Act of 2009, and Section 301(a) of Tax Extenders and Alternative Minimum Tax Relief Act of 2008, Division C of Pub. L. 110-343. WSR 10-07-128, § 365-135-050, filed 3/23/10, effective 4/23/10. Statutory Authority: Chapter 39.86 RCW and RCW 43.330.040 (2)(g). WSR 97-02-093, § 365-135-050, filed 1/2/97, effective 2/2/97. Statutory Authority: Chapter 39.86 RCW. WSR 93-13-012 (Order 93-05), § 365-135-050, filed 6/7/93, effective 1/1/94. Statutory Authority: 1987 c 297. WSR 87-19-082 (Order 87-18), § 365-135-050, filed 9/16/87.

Wash. Admin. Code § 365-135-060 Criteria for small issue (industrial revenue) bonds.

In addition to the statute, the following guidelines will be used as criteria for evaluating small issue requests:

(1) Until June 1 of each year, a minimum percentage of the ceiling available for small issues will be set aside for issuers in those locations which BCAP designates by certain geographic and distress indicators, as follows:

| Designation | Allocation set-aside | | --- | --- | | East/distressed | 15% or greater | | West/distressed | 15% or greater | | East/nondistressed | 10% or greater |

(2) In evaluating the number of jobs created or retained a project would offer in relationship to the dollars which would be allocated from the ceiling, priority will be given to those projects, relative to their appropriate designation, which do not exceed the following ratios for dollars allocated per job:

| Designation | $ (in thousands) per job offered | | | --- | --- | --- | | East/distressed | $192.2/job | | | East/nondistressed | 121.6/job | | | West/distressed | 146.2/job | | | West/nondistressed | 106.6/job | | | Statewide | 116.8/job | |

(3) The program will consider the number and type of jobs that will be created or retained. Projects that create new jobs will, in general, have priority over others. Projects that involve relocation from one part of Washington to another will, in general, have a lower priority than those that create net new jobs, unless the relocation was caused through displacement for other job creating or economic development activity.

(4) Projects that involve the creation of semiskilled and skilled jobs as well as unskilled jobs, or that will provide special training and promotion opportunities to employees, will have priority over those that do not. Projects that will be located in enterprise communities, neighborhood empowerment zones, or distressed areas will be accorded priority over other projects.

(5) Priority will be given to projects that result in publicly owned facilities over privately owned facilities.

(6) If the department finds that a particular project does not meet the guidelines in this section, but is nonetheless in the best interest of the state, the department may approve the request. Factors that may lead to such a finding include the following:

(a) The level of unemployment in a particular community within a county, to the extent that figures are available from the Washington state employment security department; and

(b) The number of secondary or spin-off jobs expected to be generated by the project.

(7) If demand for allocation exceeds the amount available, priority will be given to counties designated as distressed, using unemployment figures from the employment security department.

(8) The department will review these guidelines at least annually.

History

Statutory Authority: Chapter 39.86 RCW and RCW 43.330.040 (2)(g). WSR 97-02-093, § 365-135-060, filed 1/2/97, effective 2/2/97. Statutory Authority: 1987 c 297. WSR 87-19-082 (Order 87-18), § 365-135-060, filed 9/16/87.

Wash. Admin. Code § 365-135-070 Criteria for exempt facility bonds.

(1) In addition to the state statute, the following guidelines will be used as criteria for evaluating exempt facility requests:

(a) Until May 1st of each year, any one exempt facility project may not receive more than 30 percent of the initial allocation amount available in the exempt facility category.

(b) The level of unemployment in a particular community within a county, to the extent that figures are available from the Washington state employment security department.

(d) The degree to which the project proposes to provide jobs for lower-income persons from the community.

(e) The number of jobs created in proportion to the amount of the bond cap allocation.

(f) The proportionate number of persons in relationship to the size of the community who will benefit from the project.

(g) The degree to which the project provides an economic boost to an economically distressed community (based on the three-year unemployment figures from employment security).

(h) The degree to which the project retains or expands the local tax base.

(i) The degree to which the project reduces environmental pollution.

(j) The degree to which the project diverts solid waste from disposal and manufactures it into value-added products.

(k) The degree to which the project produces energy at a lower cost than alternative or existing energy sources.

(l) The environmental benefit of the project to the particular community, the county or the state.

(m) The availability of bond cap from the exempt facility category.

(n) Recognize and accommodate the unique timing, and issuance needs of large scale projects that may require allocations in more than one year.

(o) Projects that result in publicly owned facilities over privately owned facilities.

(2) Exempt facility applications will not be considered for allocation until:

(a) The department receives:

(i) A list of all permits required to complete the project and the date each permit application was submitted to and/or granted by the appropriate authority;

(ii) A copy of any environmental impact statements; and

(b) Significant progress is demonstrated in securing project financing.

(3) The criteria in this section and other applicable criteria otherwise established in rule and statute shall not be considered as ranked in any particular order but shall be weighed and balanced for each application and among applications in making allocation decisions.

(4) After July 1st of each year, the department may approve an allocation amount prior to the issuer completing all of the criteria listed above.

(5) Exempt facility projects may receive an allocation in order to convert taxable financing to tax-exempt financing, but only in January or July of any year. The request for conversion will be compared against other requests for conversion and current exempt facility applications. Projects that use the Washington economic development finance authority to complete their financing will have priority over projects in obtaining future allocations to convert to tax-exempt financing. Conversion is only allowed within the federal guidelines of one year after the project comes online or two calendar years after the Washington economic development finance authority financing is approved, whichever comes first.

(6) Exempt facility projects up to $50,000,000 may receive an allocation for up to 100 percent of the total project cost. Projects from $50,000,001 to $75,000,000 may receive an allocation for up to 90 percent of the total project cost. Projects from $75,000,001 to $100,000,000 may receive an allocation for up to 80 percent of the total project cost. Projects over $100,000,000 may receive an allocation for up to 70 percent of the total project cost. A project may obtain additional allocation above these percentages after July 1st of the last year of eligibility only if the total demand for cap is lower than the amount available.

History

Statutory Authority: RCW 34.05.353 (1)(c) and (e). WSR 22-14-004, § 365-135-070, filed 6/22/22, effective 7/23/22. Statutory Authority: RCW 34.05.353 (1)(b) and (d). WSR 21-15-104, § 365-135-070, filed 7/20/21, effective 8/20/21. Statutory Authority: Chapter 39.86 RCW and RCW 43.330.040 (2)(g). WSR 97-02-093, § 365-135-070, filed 1/2/97, effective 2/2/97. Statutory Authority: Chapter 39.86 RCW. WSR 93-13-012 (Order 93-05), § 365-135-070, filed 6/7/93, effective 1/1/94.

Wash. Admin. Code § 365-135-080 Criteria for state allocation and reallocation of qualified energy conservation bonds.

The following criteria will be used by the department to prioritize allocation and reallocation requests. Not all criteria need to be demonstrated in a single project:

(1) The extent to which the project demonstrates the potential to directly conserve energy.

(2) The extent to which the project supports the development or implementation of innovative energy conservation technology.

(3) The extent to which the project uses renewable resources to produce energy.

(4) The number of citizens benefiting from the project.

(5) The number of jobs created or retained by the project and the amount of qualified energy conservation bond authority per job created or retained.

(6) The readiness of the project to proceed.

(7) The likelihood that the issuer will use the allocation within the timelines.

(8) The amount of other public and private funding leveraged by the qualified energy conservation bond allocation.

(9) The amount of local community support for the project.

History

Statutory Authority: Chapter 39.86 RCW, Executive Order 09-06, Federal American Recovery and Reinvestment Act of 2009, and Section 301(a) of Tax Extenders and Alternative Minimum Tax Relief Act of 2008, Division C of Pub. L. 110-343. WSR 10-07-128, § 365-135-080, filed 3/23/10, effective 4/23/10.

Wash. Admin. Code § 365-135-090 Criteria for reallocation of recovery zone economic development bonds.

In accordance with the intent of the code and state priorities, the following criteria will be used to prioritize reallocation requests by the department:

(1) The relative level of economic distress in the local community.

(2) The number of citizens benefiting from the project.

(3) The estimated positive economic impact of the project on the state or the local community.

(4) The number of jobs created or retained by the project and the amount of recovery zone economic development bond authority per job created or retained.

(5) The readiness of the project to proceed.

(6) The likelihood that the issuer will use the allocation within the timelines.

(7) The amount of other public and private funding leveraged by the recovery zone economic development bond allocation.

(8) The amount of local community support for the project.

History

Statutory Authority: Chapter 39.86 RCW, Executive Order 09-06, Federal American Recovery and Reinvestment Act of 2009, and Section 301(a) of Tax Extenders and Alternative Minimum Tax Relief Act of 2008, Division C of Pub. L. 110-343. WSR 10-07-128, § 365-135-090, filed 3/23/10, effective 4/23/10.

Wash. Admin. Code § 365-135-100 Criteria for state allocation and reallocation for recovery zone facility bonds.

In accordance with the intent of the code and state priorities, the following criteria will be used to prioritize reallocation requests by the department:

(1) The relative level of economic distress in the local community.

(2) The number of citizens benefiting from the project.

(3) The estimated positive economic impact of the project on the state or the local community.

(4) The number of jobs created or retained by the project and the amount of recovery zone facility bond authority per job created or retained.

(5) The readiness of the project to proceed.

(6) The likelihood that the issuer will use the allocation within the timelines.

(7) The amount of other public and private funding leveraged by the recovery zone facility bond allocation.

(8) The amount of local community support for the project.

History

Statutory Authority: Chapter 39.86 RCW, Executive Order 09-06, Federal American Recovery and Reinvestment Act of 2009, and Section 301(a) of Tax Extenders and Alternative Minimum Tax Relief Act of 2008, Division C of Pub. L. 110-343. WSR 10-07-128, § 365-135-100, filed 3/23/10, effective 4/23/10.

Chapter 365-150 Washington state development loan fund.

Wash. Admin. Code § 365-150-010 Authority.

This chapter is promulgated pursuant to the authority granted in RCW 43.63A.060 and 43.168.060.

History

Statutory Authority: RCW 43.63A.060. WSR 86-15-067 (Order 86-05), § 365-150-010, filed 7/22/86.

Wash. Admin. Code § 365-150-020 Purpose.

The purpose of this chapter is to establish the department of community development rules for the Washington state development loan fund, hereinafter referred to as the "fund," and the Washington state development loan fund committee, hereinafter referred to as the "committee."

The purpose of the program is:

(a) To encourage investment by businesses and financial institutions in economically distressed areas, and

(b) To make revolving loan funds available through local governments for private sector enterprises which will create or retain jobs and promote economic development in areas of economic stagnation, unemployment and poverty.

History

Statutory Authority: RCW 43.63A.060. WSR 86-15-067 (Order 86-05), § 365-150-020, filed 7/22/86.

Wash. Admin. Code § 365-150-030 Definitions.

Whenever used in this chapter, unless the context clearly indicates otherwise, the definitions of terms in RCW 43.168.020 shall be considered the definition of terms used in this chapter.

History

Statutory Authority: RCW 43.63A.060. WSR 86-15-067 (Order 86-05), § 365-150-030, filed 7/22/86.

Wash. Admin. Code § 365-150-040 Committee meetings.

(1) Notice of the time and location of regular committee meetings will be published annually in a January edition of the Washington State Register. A copy of the schedule of regular meetings may also be obtained upon request from the committee at the address set out in WAC 365-150-090 herein.

(2) Special meetings of the committee may be called at any time by the chairperson of the committee or by a majority of the committee members. Notice of such special meetings will be as provided by law.

History

Statutory Authority: RCW 43.63A.060. WSR 86-15-067 (Order 86-05), § 365-150-040, filed 7/22/86.

Wash. Admin. Code § 365-150-050 Financing conditioned upon completed application.

An application shall be deemed ready for a final decision by the committee only when the manager of the fund certifies that the following events have occurred:

(a) A loan fund application has been submitted by an eligible local government sponsor, signed by all parties, and all required supporting documentation has been provided.

(b) A memorandum has been prepared by department staff which specifies how the application meets criteria set out in the fund enabling legislation and the loan fund guidelines. Such memorandum must be prepared by department staff within a reasonable time from receipt of the completed application.

History

Statutory Authority: RCW 43.63A.060. WSR 86-15-067 (Order 86-05), § 365-150-050, filed 7/22/86.

Wash. Admin. Code § 365-150-060 Criteria by which the committee will evaluate loan fund applications.

Applications shall be evaluated pursuant to the conditions and limitations established in RCW 43.168.050, and in guidelines for project funding promulgated by and available from the committee.

History

Statutory Authority: RCW 43.63A.060. WSR 86-15-067 (Order 86-05), § 365-150-060, filed 7/22/86.

Wash. Admin. Code § 365-150-070 Public records.

After an application for financial assistance has been received, certain information in the department's possession may be required to be made available for public inspection by applicable law. Certain other information shall be designated by the committee as confidential for protection of privacy interests and shall not be available to the public for inspection.

Criteria for determining what information shall be designated confidential as well as illustrative examples, are set out in the loan fund guidelines which are available upon request.

An applicant may request that specific information be kept confidential for protection of privacy interests. An applicant making such a request must provide the department with sufficient information to enable the department to independently determine the likelihood of invasion of privacy interests of a business or competitive detriment sufficient to justify confidentiality.

History

Statutory Authority: RCW 43.63A.060. WSR 86-15-067 (Order 86-05), § 365-150-070, filed 7/22/86.

Wash. Admin. Code § 365-150-080 Requests for reconsideration of committee decisions.

Any applicant whose completed proposal is denied financing by the committee shall have the opportunity to submit additional written materials to the committee for their reconsideration, upon terms and conditions established by the committee.

History

Statutory Authority: RCW 43.63A.060. WSR 86-15-067 (Order 86-05), § 365-150-080, filed 7/22/86.

Wash. Admin. Code § 365-150-090 Address for communication and application package requests.

All communications with the committee and its staff, including but not limited to, acquisition of program guidelines and application materials, submission of materials regarding participation in the development loan fund program, or inquiries regarding the operation and/or administration of the committee, including the inspection of public records, or other matters, should be addressed as follows: Development Loan Fund, Department of Community Development, Ninth and Columbia Building, Mailstop GH-51, Olympia, Washington 98504-4151, 1-800-562-5677 or (360) 753-4900.

History

Statutory Authority: RCW 43.63A.060. WSR 86-15-067 (Order 86-05), § 365-150-090, filed 7/22/86.

Chapter 365-175 Rules for low-income home rehabilitation grant program.

Wash. Admin. Code § 365-175-010 Authority.

These rules implement RCW 43.330.480 through 43.330.488 and are adopted under the authority in RCW 43.330.483.

History

Statutory Authority: RCW 43.330.483. WSR 24-10-007, § 365-175-010, filed 4/18/24, effective 5/19/24. Statutory Authority: RCW 43.330.482. WSR 18-17-140, § 365-175-010, filed 8/21/18, effective 9/21/18.

Wash. Admin. Code § 365-175-020 Purpose.

To set forth the conditions and procedures for how funds for the low-income home rehabilitation grant program will be administered and used to serve low-income clients living in rural areas.

History

Statutory Authority: RCW 43.330.483. WSR 24-10-007, § 365-175-020, filed 4/18/24, effective 5/19/24. Statutory Authority: RCW 43.330.482. WSR 18-17-140, § 365-175-020, filed 8/21/18, effective 9/21/18.

Wash. Admin. Code § 365-175-030 Definitions.

"Commerce" means the Washington state department of commerce.

"Home" means a single-family residential structure.

"Home rehabilitation" means residential repairs and improvements that address health, safety, and durability issues in existing housing in rural areas.

"Homeowner" means a person who owns and resides permanently in the home the person occupies.

"Low-income" means persons or households with income at or below 200 percent of the federal poverty level as determined annually by the federal Department of Health and Human Services, 80 percent of the area median income for the county in which the home receiving rehabilitation is located, or 60 percent of the state median income, whichever is greater, and as adjusted for household size.

"Rehabilitation agency" means any approved department grantee, tribal nation, or any public service company, municipality, public utility district, mutual or cooperative, or other entity that bears the responsibility for rehabilitating residences under this chapter and has been approved by the department.

"Rural areas" means areas of Washington state defined as nonentitlement areas by the United States Department of Housing and Urban Development.

History

Statutory Authority: RCW 43.330.483. WSR 24-10-007, § 365-175-030, filed 4/18/24, effective 5/19/24. Statutory Authority: RCW 43.330.482. WSR 18-17-140, § 365-175-030, filed 8/21/18, effective 9/21/18.

Wash. Admin. Code § 365-175-040 What agencies are eligible to use funds from the low-income home rehabilitation grant program?

A local agency must apply to and receive approval from commerce to become an authorized rehabilitation agency. The application must show that the agency is eligible to participate and must show that the agency has established procedures to administer the program in compliance with the statute and these rules. Commerce will give preference to local agencies delivering programs and services with similar eligibility criteria. Authorized rehabilitation agencies must comply with reporting requirements established in grant agreements and must adopt operating procedures that are subject to approval by commerce.

History

Statutory Authority: RCW 43.330.483. WSR 24-10-007, § 365-175-040, filed 4/18/24, effective 5/19/24. Statutory Authority: RCW 43.330.482. WSR 18-17-140, § 365-175-040, filed 8/21/18, effective 9/21/18.

Wash. Admin. Code § 365-175-050 How do authorized rehabilitation agencies receive funds from the low-income home rehabilitation grant fund?

(1) Commerce will initially allocate funds to authorized rehabilitation agencies using a formula developed for the low-income rural rehabilitation grant fund. Initial funding levels may be adjusted based on the capacity and capability of each rehabilitation agency as determined through the application process.

(2) Commerce may reallocate funds to other authorized rehabilitation agencies if doing so will better achieve the objectives of the program.

(3) Authorized rehabilitation agencies will receive a grant for funds each biennium funding is available. Funding is subject to a grant agreement between commerce and the authorized rehabilitation agency.

(4) Authorized rehabilitation agencies must report to commerce quarterly or in line with reporting for federal weatherization grants. Commerce will provide reporting instructions to authorized rehabilitation agencies. Timely reporting will be considered when determining future funding opportunities.

History

Statutory Authority: RCW 43.330.483. WSR 24-10-007, § 365-175-050, filed 4/18/24, effective 5/19/24. Statutory Authority: RCW 43.330.482. WSR 18-17-140, § 365-175-050, filed 8/21/18, effective 9/21/18.

Wash. Admin. Code § 365-175-060 What clients are eligible to receive program loans from the low-income home rehabilitation grant program?

(1) An authorized rehabilitation agency may provide a program grant to a person only if the agency determines that all of these eligibility criteria are met:

(a) The person owns and occupies the home that will receive the rehabilitation services.

(b) The income of the person is at or below 200 percent of the federal poverty level as determined annually by the federal Department of Health and Human Services, 80 percent of the area median income for the county in which the home receiving rehabilitation is located, or 60 percent of the state median income, whichever is greater, and as adjusted for household size.

(2) An authorized rehabilitation agency must give priority to rehabilitation applications from persons who are senior citizens, persons with disabilities, families with children five years old and younger, and veterans.

History

Statutory Authority: RCW 43.330.483. WSR 24-10-007, § 365-175-060, filed 4/18/24, effective 5/19/24. Statutory Authority: RCW 43.330.482. WSR 18-17-140, § 365-175-060, filed 8/21/18, effective 9/21/18.

Wash. Admin. Code § 365-175-070 What criteria must a program grant meet?

(1) The cost of the home rehabilitation must be the lesser of:

(a) Eighty percent of the assessed or appraised value of the property post rehabilitation, whichever is greater;

(b) Fifty thousand dollars.

(2) The maximum amount that may be granted under this program may not exceed the cost of the home rehabilitation as provided in subsection (1) of this section.

History

Statutory Authority: RCW 43.330.483. WSR 24-10-007, § 365-175-070, filed 4/18/24, effective 5/19/24. Statutory Authority: RCW 43.330.482. WSR 18-17-140, § 365-175-070, filed 8/21/18, effective 9/21/18.

Chapter 365-180 Energy matchmakers.

Wash. Admin. Code § 365-180-010 Authority.

These rules are adopted under the authority of chapter 70.164 RCW.

History

Statutory Authority: 1987 c 36. WSR 88-02-042 (Order 88-01), § 365-180-010, filed 1/4/88.

Wash. Admin. Code § 365-180-020 Purpose.

To set forth the conditions and procedures under which funding will be made available to be used in combination with contributions to support local low-income weatherization programs.

History

Statutory Authority: 1987 c 36. WSR 88-02-042 (Order 88-01), § 365-180-020, filed 1/4/88.

Wash. Admin. Code § 365-180-030 Definitions.

(1) "Community" means the local program area served by the weatherizing agency.

(2) "Department" means the department of commerce.

(3) "Disadvantaged populations" means populations facing barriers to employment.

(4) "Energy matchmakers local coordinated plan" means a proposal(s) for use of funding for local low-income weatherization programs in a specific geographical area.

(5) "Family wage job" is defined as a job that pays, as a minimum, prevailing wage.

(6) "Low-income" means households at or below eighty percent of the state area median income. However, priority will be given to households at or below one hundred twenty-five percent of the federally established poverty level.

(7) "Nonutility sponsor" means an organization that is not an energy supplier and that submits a local coordinated plan.

(8) "Residence" means a house, including a stationary mobile home, an apartment, a group of rooms, or a single room occupied as separate living quarters; but excluding institutional buildings such as: A university, group care facility, nursing home, half-way residence, hospital, hotel, motel, etc.

(9) "Sponsor" means an organization that submits a match proposal as part of the energy matchmakers local coordinated plan.

(10) "Sponsor match" means the share, if any, of the cost of weatherization to be paid by the sponsor.

(11) "Weatherization" means materials or measures, including the education of the low-income household about energy saving behaviors in the home, and their installation or application, that are used to improve the thermal efficiency of a residence.

(12) "Weatherizing agency" means a public or nonprofit private organization, approved by the department, responsible for doing all aspects of the weatherization work.

History

Statutory Authority: RCW 70.164.040. WSR 09-22-065, § 365-180-030, filed 11/2/09, effective 12/3/09. Statutory Authority: Chapter 70.164 RCW. WSR 92-03-019 (Order 92-01), § 365-180-030, filed 1/7/92, effective 2/7/92. Statutory Authority: 1987 c 36. WSR 88-02-042 (Order 88-01), § 365-180-030, filed 1/4/88.

Wash. Admin. Code § 365-180-040 Program funding.

The legislature determines the amount of funding available during a specific biennium for low-income weatherization. Each county receives a "planning estimate" based on the number of low-income households and the climatic conditions of the county. This "planning estimate" is available for low-income weatherization in each county if matching requirements are met. Contingent on the availability of funds, the department may award funds in an amount that exceeds the county's "planning estimate."

History

Statutory Authority: 1987 c 36. WSR 88-02-042 (Order 88-01), § 365-180-040, filed 1/4/88.

Wash. Admin. Code § 365-180-050 Proposal for use of funding.

(1) Any public or private organization in Washington, Idaho, or Oregon that conducts business in Washington state may propose funding for a geographical area(s) by submitting an energy matchmakers local coordinated plan.

(2) Plans submitted to the department shall be the result of local coordination and cooperation.

(3) Plans shall identify weatherizing agencies.

History

Statutory Authority: 1987 c 36. WSR 88-02-042 (Order 88-01), § 365-180-050, filed 1/4/88.

Wash. Admin. Code § 365-180-060 Sponsor match.

(1) Plans submitted by energy suppliers shall include a commitment of a matching contribution. Matching contributions can be either cash, in-kind contributions, or both. The match must cover half of the total cost of the low-income weatherization being proposed in the local area.

(2) Only resources that would not otherwise have been used for low-income weatherization will be considered as match.

(3) A sponsor may pay the sponsor match as lump sum at the time of weatherization, or make yearly payments over a period not to exceed ten years. When the sponsor elects to make yearly payments, the value of the payments shall be determined by the department, but shall not be less than the value of the lump sum that would have been made.

(4) All match committed shall result in:

(a) Increasing the number of residences weatherized;

(b) Increasing weatherization measures installed on or in the residence; or

(5) The department may place a cap on the amount of match it will accept under subsection (4)(c) of this section.

(6) Match waivers may be granted by the department for plans submitted by nonutility sponsors.

History

Statutory Authority: Chapter 70.164 RCW. WSR 92-03-019 (Order 92-01), § 365-180-060, filed 1/7/92, effective 2/7/92. Statutory Authority: 1987 c 36. WSR 88-02-042 (Order 88-01), § 365-180-060, filed 1/4/88.

Wash. Admin. Code § 365-180-070 Local coordinated plan—Funding proposal process—Award of contracts.

(1) A sponsor shall make a formal proposal using forms issued by the department.

(2) The employment requirements of RCW 70.164.040 (3)(e), apply only to individuals hired specifically to repair homes prior to weatherization, and to construct or install weatherization materials in low-income residences.

(3) A review team will evaluate the energy matchmakers local coordinated plans, and will be composed of persons with knowledge of energy conservation and of community-based public and private service organizations.

(4) Plans which include a commitment of matching resources will be given priority for funding.

(5) The department shall have the final discretion to award funds.

(6) The department will enter into a contract with weatherizing agencies identified in successful local coordinated plans. This contract shall be signed by an official with authority to bind the weatherizing agency and returned to the department prior to the release of any funds under this program.

History

Statutory Authority: RCW 70.164.040. WSR 09-22-065, § 365-180-070, filed 11/2/09, effective 12/3/09. Statutory Authority: 1987 c 36. WSR 88-02-042 (Order 88-01), § 365-180-070, filed 1/4/88.

Wash. Admin. Code § 365-180-080 Eligibility criteria for clients.

(1) Total income of all household members shall be at or below one hundred twenty-five percent of the federally established poverty level; or households shall meet other qualifications established by the department for its low-income weatherization program.

(2) Residences shall meet the qualifications established by the department for its low-income weatherization programs.

History

Statutory Authority: 1987 c 36. WSR 88-02-042 (Order 88-01), § 365-180-080, filed 1/4/88.

Wash. Admin. Code § 365-180-090 Program services.

(1) Weatherizing agencies shall provide weatherization services to eligible low-income households in accordance with the "Washington state low-income weatherization assistance program procedures and guidelines" established by the department.

(2) No contribution may be required from the eligible household.

(3) Full levels of all cost-effective structurally feasible measures, as determined by the department, shall be installed when a residence is weatherized.

(4) No undue or excessive enhancement to a residence shall occur as a result of weatherization provided under this chapter.

(5) Before a leased or rented residence is weatherized, the department's "property owner/agency weatherization agreement" form, or subsequent special conditions established by the department when necessary to comply with applicable state or federal law, must be signed by the owner of the building or the owner's authorized agent. Through this form the landlord ensures that, at a minimum, during a period extending through one year following the date of completion of the weatherization work, the amount of rent will not be raised for any reason and during the period extending through three years following the date of completion of the weatherization work performed, rent will not be increased, nor the tenant evicted, as a result of the weatherization provided.

(6) Benefits of weatherization work performed on behalf of a low-income tenant shall accrue primarily to the low-income tenant.

History

Statutory Authority: Chapter 70.164 RCW. WSR 92-03-019 (Order 92-01), § 365-180-090, filed 1/7/92, effective 2/7/92. Statutory Authority: 1987 c 36. WSR 88-02-042 (Order 88-01), § 365-180-090, filed 1/4/88.

Chapter 365-185 Procedures for management of growth management planning and environmental review fund.

Wash. Admin. Code § 365-185-010 Purpose and authority.

(1)The purpose of this chapter is to outline the conditions and procedures by which the department of community, trade, and economic development will make available grants from the growth management planning and environmental review fund to local governments required to plan or have chosen to plan under RCW 36.70A.040 to assist them in complying with RCW 43.21C.240, 36.70B.050, 36.70B.060, and 36.70B.090.

(2) This activity is undertaken pursuant to RCW 36.70A.500 and 43.21C.240.

History

Statutory Authority: RCW 36.70A.500 and 43.21C.240. WSR 96-04-046, § 365-185-010, filed 2/5/96, effective 3/7/96.

Wash. Admin. Code § 365-185-020 Definitions.

(1)"Applicant" means a local government that has submitted an application for a grant from the growth planning and environmental review fund.

(2) "Contractor" means an applicant which has executed a contract for receipt of growth management planning and environmental review funds with the department.

(3) "Department" means the department of community, trade, and economic development.

(4) "Growth management planning and environmental review fund" means the growth management planning and environmental review fund established pursuant to RCW 36.70A.490.

(5) "Integrated permit process" means a system for integrating environmental review with review of project permits, consistent with RCW 36.70B.050 and 36.70B.060.

(6) "Integrated plan" means a detailed environmental impact statement that is integrated with a comprehensive plan or subarea plan and development regulations.

(7) "Local government" means a city or county that is required or has chosen to plan under RCW 36.70A.040 and 43.21C.240.

History

Statutory Authority: RCW 36.70A.500 and 43.21C.240. WSR 96-04-046, § 365-185-020, filed 2/5/96, effective 3/7/96.

Wash. Admin. Code § 365-185-030 Eligibility criteria.

(1) A grant may be awarded to a local government that is qualified pursuant to this section.

(2) A grant may be awarded to a county or city that is required to or has chosen to plan under RCW 36.70A.040 and that is qualified pursuant to this section. The grant shall be provided to assist a county or city in paying for the cost of preparing a detailed environmental impact statement that is integrated with a comprehensive plan or subarea plan and development regulations.

(3) In order to qualify for a grant, a county or city shall:

(a) Demonstrate that it will prepare an environmental analysis pursuant to chapter 43.21C RCW that is integrated with a comprehensive plan or subarea plan and development regulations;

(b) Address environmental impacts and consequences, alternatives, and mitigation measures in sufficient detail to allow the analysis to be adopted in whole or in part by subsequent applicants for development permits within the geographic area analyzed in the plan;

(c) Include mechanisms in the plan to monitor the consequences of growth as it occurs in the plan area and provide ongoing data to update the plan and environmental analysis;

(d) Be making substantial progress towards compliance with the requirements of this chapter. A county or city that is more than six months out of compliance with a requirement of this chapter is deemed to not be making substantial progress towards compliance; and

(e) Provide local funding, which may include financial participation by the private sector.

(4) In awarding grants, the department shall give preference to proposals that include one or more of the following elements:

(a) Financial participation by the private sector, or a public/private partnering approach;

(b) Comprehensive and subarea plan proposals that are designed to identify and monitor system capacities for elements of the built environment, and to the extent appropriate, of the natural environment;

(c) Programs to improve the efficiency and effectiveness of the permitting process by greater reliance on integrated plans;

(d) Programs for effective citizen and neighborhood involvement that contribute to greater certainty that planning decisions will be implemented; and

(e) Plans that identify environmental impacts and establish mitigation measures that provide effective means to satisfy concurrency requirements and establish project consistency with the plans.

History

Statutory Authority: RCW 36.70A.500 and 43.21C.240. WSR 96-04-046, § 365-185-030, filed 2/5/96, effective 3/7/96.

Wash. Admin. Code § 365-185-040 Grant application process.

(1) Applications for growth management planning and environmental review funds shall be filed with the department.

(2) The department will specify the form and manner of application and will set the date and time for receipt of applications.

(3) Applications shall be filed in the form, manner and time specified by the department. Failure of an applicant to make application in the specified form, manner and time will cause the applicant to be ineligible for grant funds.

(4) Applications for grant funds shall contain a detailed strategy, budget, and timeline for meeting the department's application requirements.

(5) The department will review each application for eligibility under the criteria specified in WAC 365-200-030.

(6) In awarding grants, the department may consider:

(a) An applicant's ability and intent to develop an integrated planning process that will have applicability to jurisdictions with similar characteristics;

(b) A geographic balance of communities;

(d) A variety of permit processes;

(e) Diversity in population; or

(f) Other criteria that the department considers advisable.

(7) Applicants will be notified in writing of the department's decisions on grants.

(8) The department may offer a contract to an applicant with such reasonable terms and conditions as the department may determine.

History

Statutory Authority: RCW 36.70A.500 and 43.21C.240. WSR 96-04-046, § 365-185-040, filed 2/5/96, effective 3/7/96.

Wash. Admin. Code § 365-185-050 Grant evaluation procedure.

The department should appoint a committee to assist it in evaluating the applications. The committee may include:

(1) Department staff;

(2) Department of ecology staff;

(3) Representatives of cities and counties; or

(4) A representative of private business.

History

Statutory Authority: RCW 36.70A.500 and 43.21C.240. WSR 96-04-046, § 365-185-050, filed 2/5/96, effective 3/7/96.

Wash. Admin. Code § 365-185-060 Method of payment.

(1)Grant allocations from the fund will be paid subject to the provisions of the applicable contract.

(2) All grant funds will be disbursed by June 30, 1997.

History

Statutory Authority: RCW 36.70A.500 and 43.21C.240. WSR 96-04-046, § 365-185-060, filed 2/5/96, effective 3/7/96.

Chapter 365-190 Minimum guidelines to classify agriculture, forest, mineral lands and critical areas.

Wash. Admin. Code § 365-190-010 Authority.

This chapter is established pursuant to RCW 36.70A.050.

History

Statutory Authority: RCW 36.70A.050. WSR 91-07-041, § 365-190-010, filed 3/15/91, effective 4/15/91.

Wash. Admin. Code § 365-190-020 Purpose.

(1) The intent of this chapter is to establish minimum guidelines to assist all counties and cities in classifying and designating agricultural lands, forest lands, mineral resource lands, and critical areas.

(2) Growth management, natural resource land conservation, and critical areas protection share problems related to governmental costs and efficiency. The unwise development of natural resource lands or areas susceptible to natural hazards may lead to inefficient use of limited public resources, jeopardize environmental resource functions and values, subject persons and property to unsafe conditions, and affect the perceived quality of life. It is more costly to remedy the loss of natural resource lands or critical areas than to conserve and protect them from loss or degradation. The inherent economic, ecological, social, and cultural values of natural resource lands and critical areas should be considered in the development of strategies designed to conserve and protect these lands.

(3) In recognition of these common concerns, classification and designation of natural resource lands and critical areas is intended to assure the long-term conservation of natural resource lands and the protection of critical areas, and to preclude land uses and developments which are incompatible with natural resource lands and critical areas. When classifying and designating natural resource lands and critical areas, counties and cities should integrate regulatory and nonregulatory approaches together in a comprehensive program that relates to existing local, state, and federal efforts. An integrated approach should also consider other applicable planning requirements, including the need to identify open space corridors in RCW 36.70A.160, and the need to include the best available science in policies and regulations protecting critical areas in RCW 36.70A.172.

(4) There are qualitative differences between and among critical areas. Not all areas and ecosystems are critical for the same reasons. Some are critical because of the hazard they present to public health and safety, some because of the values they represent to the public welfare. In some cases, the risk posed to the public by use or development of a critical area can be mitigated or reduced by engineering or design; in other cases that risk cannot be effectively reduced except by avoidance of the critical area. Classification and designation of critical areas is intended to lead counties and cities to recognize the differences among these areas, and to develop appropriate regulatory and nonregulatory actions in response.

(5) There are also qualitative differences between and among natural resource lands. The three types of natural resource lands (agricultural, forest, and mineral) vary widely in their use, location, and size. One type may overlap another type. For example, designated forest resource lands may also include designated mineral resource lands. Agricultural resource lands vary based on the types of crops produced, their location on the landscape, and their relationship to sustaining agricultural industries in an identified geographic area.

(6) Counties and cities required or opting to plan under the act should consider the definitions and guidelines in this chapter when preparing development regulations that preclude uses and development incompatible with natural resource lands and critical areas (see RCW 36.70A.060). Precluding incompatible uses and development does not mean a prohibition of all uses or development. Rather, it means governing changes in land uses, new activities, or development that could adversely affect natural resource lands or critical areas. For each type of natural resource land and critical area, counties and cities planning under the act should define classification schemes and prepare development regulations that govern changes in land uses and new activities by prohibiting clearly inappropriate actions and restricting, allowing, or conditioning other activities as appropriate.

(7) It is the intent of these guidelines that critical areas designations overlay other land uses including designated natural resource lands. For example, if both critical area and natural resource land use designations apply to a given parcel or a portion of a parcel, both or all designations must be made. Regarding natural resource lands, counties and cities should allow existing and ongoing resource management operations, that have long-term commercial significance, to continue. Counties and cities should encourage resource land managers to use the best management practices of their industry, especially where existing and ongoing resource management operations that have long-term commercial significance include designated critical areas. Future operations or expansion of existing operations should be done in consideration of protecting critical areas, and with special consideration for conservation or protection measures needed to preserve or enhance anadromous fisheries.

History

Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 10-03-085, § 365-190-020, filed 1/19/10, effective 2/19/10. Statutory Authority: RCW 36.70A.050. WSR 91-07-041, § 365-190-020, filed 3/15/91, effective 4/15/91.

Wash. Admin. Code § 365-190-030 Definitions.

(1) "Agricultural land" is land primarily devoted to the commercial production of horticultural, viticultural, floricultural, dairy, apiary, vegetable, or animal products or of berries, grain, hay, straw, turf, seed, Christmas trees not subject to the excise tax imposed by RCW 84.33.100 through 84.33.140, finfish in upland hatcheries, or livestock, and that has long-term commercial significance for agricultural production. These lands are referred to in this chapter as agricultural resource lands to distinguish between formally designated lands, and other lands used for agricultural purposes.

(2) "City" means any city or town, including a code city.

(3) "Critical aquifer recharge areas" are areas with a critical recharging effect on aquifers used for potable water, including areas where an aquifer that is a source of drinking water is vulnerable to contamination that would affect the potability of the water, or is susceptible to reduced recharge.

(4) "Critical areas" include the following:

(a) Wetlands;

(b) Areas with a critical recharging effect on aquifers used for potable water, referred to in this chapter as critical aquifer recharge areas;

(d) Frequently flooded areas; and

(e) Geologically hazardous areas.

(5) "Erosion hazard areas" are those areas containing soils which, according to the United States Department of Agriculture Natural Resources Conservation Service Soil Survey Program, may experience significant erosion. Erosion hazard areas also include coastal erosion-prone areas and channel migration zones.

(6)(a) "Fish and wildlife habitat conservation areas" are areas that serve a critical role in sustaining needed habitats and species for the functional integrity of the ecosystem, and which, if altered, may reduce the likelihood that the species will persist over the long term. These areas may include, but are not limited to, rare or vulnerable ecological systems, communities, and habitat or habitat elements including seasonal ranges, breeding habitat, winter range, and movement corridors; and areas with high relative population density or species richness. Counties and cities may also designate locally important habitats and species.

(b) "Habitats of local importance" designated as fish and wildlife habitat conservation areas include those areas found to be locally important by counties and cities.

(c) "Fish and wildlife habitat conservation areas" does not include such artificial features or constructs as irrigation delivery systems, irrigation infrastructure, irrigation canals, or drainage ditches that lie within the boundaries of, and are maintained by, a port district or an irrigation district or company.

(7) "Forest land" is land primarily devoted to growing trees for long-term commercial timber production on land that can be economically and practically managed for such production, including Christmas trees subject to the excise tax imposed under RCW 84.33.100 through 84.33.140, and that has long-term commercial significance. These lands are referred to in this chapter as forest resource lands to distinguish between formally designated lands, and other lands used for forestry purposes.

(8) "Frequently flooded areas" are lands in the flood plain subject to at least a one percent or greater chance of flooding in any given year, or within areas subject to flooding due to high groundwater. These areas include, but are not limited to, streams, rivers, lakes, coastal areas, wetlands, and areas where high groundwater forms ponds on the ground surface.

(9) "Geologically hazardous areas" are areas that because of their susceptibility to erosion, sliding, earthquake, or other geological events, are not suited to siting commercial, residential, or industrial development consistent with public health or safety concerns.

(10) "Landslide hazard areas" are areas at risk of mass movement due to a combination of geologic, topographic, and hydrologic factors.

(11) "Long-term commercial significance" includes the growing capacity, productivity, and soil composition of the land for long-term commercial production, in consideration with the land's proximity to population areas, and the possibility of more intense uses of land. Long-term commercial significance means the land is capable of producing the specified natural resources at commercially sustainable levels for at least the 20-year planning period, if adequately conserved. Designated mineral resource lands of long-term commercial significance may have alternative post-mining land uses, as provided by the Surface Mining Reclamation Act, comprehensive plan and development regulations, or other laws.

(12) "Mine hazard areas" are those areas directly underlain by, adjacent to, or affected by mine workings such as adits, tunnels, drifts, or air shafts.

(13) "Mineral resource lands" means lands primarily devoted to the extraction of minerals or that have known or potential long-term commercial significance for the extraction of minerals.

(14) "Minerals" include gravel, sand, and valuable metallic substances.

(15) "Natural resource lands" means agricultural, forest and mineral resource lands which have long-term commercial significance.

(16) "Public facilities" include streets, roads, highways, sidewalks, street and road lighting systems, traffic signals, domestic water systems, storm and sanitary sewer systems, parks and recreational facilities, and schools.

(17) "Public services" include fire protection and suppression, law enforcement, public health, education, recreation, environmental protection, and other governmental services.

(18) "Seismic hazard areas" are areas subject to severe risk of damage as a result of earthquake induced ground shaking, slope failure, settlement, soil liquefaction, debris flows, lahars, or tsunamis.

(19) "Species of local importance" are those species that are of local concern due to their population status or their sensitivity to habitat alteration or that are game species.

(20) "Urban growth" refers to growth that makes intensive use of land for the location of buildings, structures, and impermeable surfaces to such a degree as to be incompatible with the primary use of such land for the production of food, other agricultural products, or fiber, or the extraction of mineral resources. Urban growth typically requires urban governmental services. "Characterized by urban growth" refers to land having urban growth located on it, or to land located in relationship to an area with urban growth on it as to be appropriate for urban growth.

(21) "Volcanic hazard areas" shall include areas subject to pyroclastic flows, lava flows, and inundation by debris flows, lahars, mudflows, or related flooding resulting from volcanic activity.

(22) "Watercourse" as defined in WAC 220-660-030(154).

(23) "Wellhead protection area (WHPA)" means protective areas associated with public drinking water sources established by water systems and approved or assigned by the state department of health.

(24) "Wetland" or "wetlands" means areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. However, wetlands may include those artificial wetlands intentionally created from nonwetland areas to mitigate conversion of wetlands, if permitted by the county or city.

History

Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 23-08-037, § 365-190-030, filed 3/29/23, effective 4/29/23
WSR 15-04-039, § 365-190-030, filed 1/27/15, effective 2/27/15
WSR 10-03-085, § 365-190-030, filed 1/19/10, effective 2/19/10. Statutory Authority: RCW 36.70A.050. WSR 91-07-041, § 365-190-030, filed 3/15/91, effective 4/15/91.

Wash. Admin. Code § 365-190-040 Process.

(1) The classification and designation of natural resource lands and critical areas is an important step among several in the overall growth management process. These steps, outlined in subsections (4) and (5) of this section comprise a vision of the future, and that vision gives direction to the steps in the form of specific goals and objectives. Under the act, the timing of the first steps coincided with development of the larger vision through the comprehensive planning process.

(2) The act required preliminary classifications and designations of natural resource lands and critical areas to be completed in 1991. Counties and cities planning under the act were to enact interim regulations to protect and conserve these natural resource lands and critical areas by September 1, 1991. By July 1, 1992, counties and cities not planning under the act were to bring their development regulations into conformance with their comprehensive plans. By July 1, 1993, counties and cities planning under the act were to adopt comprehensive plans, consistent with the goals of the act. Implementation of the comprehensive plans was to occur by the following year.

(3) Under RCW 36.70A.130, all counties and cities must review, and if needed, update their natural resource lands and critical areas designations. Counties and cities fully planning under the act must also review and, if needed, update their natural resource lands conservation provisions, comprehensive plans and development regulations. Legal challenges to some updates have led to clarifications of the ongoing review and update requirements in RCW 36.70A.130, and the process for implementing those requirements. The process description and recommendations in this section incorporate those clarifications and describe both the initial designation and conservation or protection of natural resource lands and critical areas, as well as subsequent local actions to amend those designations and provisions.

(4) Classification is the first step in implementing RCW 36.70A.170 and requires defining categories to which natural resource lands and critical areas will be assigned.

(a) Counties and cities are encouraged to adopt classification schemes that are consistent with federal and state classification schemes and those of adjacent jurisdictions to ensure regional consistency. Specific classification schemes for natural resource lands and critical areas are described in WAC 365-190-050 through 365-190-130.

(b) State agency classification schemes are available for specific critical area types, including the wetlands rating systems for eastern and western Washington from the Washington state department of ecology, the priority habitats and species categories and recommendations from the Washington state department of fish and wildlife, and the high quality ecosystem and rare plant categories and listings from the department of natural resources, natural heritage program. The Washington state department of natural resources provides significant information on geologic hazards and aquatic resources that may be useful in classifying these critical areas. Not all areas classified by state agencies must be designated, but such areas may be likely candidates for designation. WAC 365-195-915 provides guidance when departing from science-based recommendations.

(5) Designation is the second step in implementing RCW 36.70A.170.

(a) Pursuant to RCW 36.70A.170, natural resource lands and critical areas must be designated based on their defined classifications. For planning purposes, designation establishes:

(i) The classification scheme;

(ii) The distribution, location, and extent of the uses of land, where appropriate, for agriculture, forestry, and mineral extraction; and

(iii) The general distribution, location, and extent of critical areas.

(b) Inventories and maps should indicate designations of natural resource lands and critical areas. In circumstances where critical areas cannot be readily identified, these areas should be designated by performance standards or definitions, so they can be specifically identified during the processing of a permit or development authorization.

(c) Designation means, at a minimum, formal adoption of a policy statement, and may include further legislative action. Designating inventoried lands for comprehensive planning and policy definition may be less precise than subsequent regulation of specific parcels for conservation and protection.

(d) Successful achievement of the natural resource industries goal set forth in RCW 36.70A.020 requires the conservation of land base sufficient in size and quality to maintain and enhance those industries, and the development and use of land use techniques that discourage uses incompatible to the management of designated lands.

(e) Mineral resource lands especially should be designated as close as possible to their likely end use areas, to avoid losing access to those valuable minerals by development, and to minimize the costs of production and transport. It is expected that mineral resource lands will be depleted of minerals over time, and that subsequent land uses may occur on these lands after mining is completed.

(6) Classifying, inventorying, and designating lands or areas does not imply a change in a landowner's right to use his or her land under current law. The law requires that natural resource land uses be protected from land uses on adjacent lands that would restrict resource production. Development regulations adopted to protect critical areas may limit some land development options. Land uses are regulated on a parcel basis and innovative land use management techniques should be applied when counties and cities adopt development regulations to conserve and protect designated natural resource lands and critical areas. The purpose of designating natural resource lands is to enable industries to maintain access to lands with long-term commercial significance for agricultural, forest, and mineral resource production. The purpose is not to confine all natural resource production activity only to designated lands nor to require designation as the basis for a permit to engage in natural resource production. The department provides technical assistance to counties and cities on a wide array of regulatory options and alternative land use management techniques.

(7) Overlapping designations. The designation process may result in critical area designations that overlay other critical area or natural resource land classifications. Overlapping designations should not necessarily be considered inconsistent. If two or more critical area designations apply to a given parcel, or portion of a given parcel, both or all designations apply.

(a) If a critical area designation overlies a natural resource land designation, both designations apply. For counties and cities required or opting to plan under the act, reconciling these multiple designations will be the subject of local development regulations adopted pursuant to RCW 36.70A.060.

(b) If two or more natural resource land designations apply, counties and cities must determine if these designations are incompatible. If they are incompatible, counties and cities should examine the criteria to determine which use has the greatest long-term commercial significance, and that resource use should be assigned to the lands being designated.

(8) Counties and cities must involve the public in classifying and designating natural resource lands and critical areas. The process should include:

(a) Public participation program:

(i) Public participation should include, at a minimum, representative participation from the following entities: Landowners; representatives of agriculture, forestry, mining, business, environmental, and community groups; tribal governments; representatives of adjacent counties and cities; and state agencies. The public participation program should include early and timely public notice of pending designations and regulations and should address proposed nonregulatory incentive programs.

(ii) Counties and cities are encouraged to consider a variety of opportunities to adequately communicate with the public. These methods of notification may include, but are not limited to, traditional forms of mailed notices, published announcements, electronic mail, and internet sites to distribute informational brochures, meeting times, project timelines, and design and map proposals to provide an opportunity for the public to participate.

(iii) The department provides technical assistance in preparing public participation programs.

(b) Adoption process. Statutory and local processes already in place governing land use decisions are the minimum processes required for designation and regulation pursuant to RCW 36.70A.060 and 36.70A.170. At a minimum the following steps should be included in the adoption process:

(i) Accept the requirements of chapter 36.70A RCW;

(ii) Consider minimum guidelines developed by the department under RCW 36.70A.050;

(iii) Consider other definitions used by state and federal regulatory agencies;

(iv) Consider definitions used by similarly situated counties and cities;

(v) Determine recommended definitions and check conformance with minimum definitions in chapter 36.70A RCW;

(vi) Adopt definitions, classifications, and standards;

(vii) Apply definitions by mapping designated natural resource lands and critical areas; and

(viii) Establish procedures for amending natural resource lands and critical areas designations.

(i) The act requires coordination among counties and cities to reconcile conflicts and strive for consistent definitions, standards, and designations within regions. The minimum coordination process may include one of two options:

(A) Notification option: Adjacent cities (or those with overlapping or adjacent planning areas); counties and the cities within them; and adjacent counties would provide each other and special purpose districts and special purpose districts within them notice of their intent to classify and designate natural resource lands and critical areas within their jurisdiction. Counties or cities receiving notice may provide comments and input to the notifying jurisdiction. The notifying jurisdiction specifies a comment period prior to adoption. Within 45 days of the jurisdiction's date of adoption of classifications or designations, affected jurisdictions are supplied information on how to locate a copy of the proposal. The department may provide mediation services to counties and cities to help resolve disputed classifications or designations.

(B) Interlocal agreement option: Adjacent counties and cities; all the cities within a county; or several counties and the cities within them may choose to cooperatively classify and designate natural resource lands and critical areas within their jurisdictions. Counties and cities by interlocal agreement would identify the definitions, classification, designation, and process that will be used to classify and designate lands within their areas. State and federal agencies or tribes may participate in the interlocal agreement or be provided a method of commenting on designations and classifications prior to adoption by jurisdictions.

(ii) Counties or cities may begin with the notification option in (c)(i)(A) of this subsection and choose to change to the interlocal agreement method in (c)(i)(B) of this subsection prior to completion of the classification and designations within their jurisdictions. Approaches to intergovernmental coordination may vary between natural resource land and critical area designation. It is intended that state and federal agencies with land ownership or management responsibilities, special purpose districts, and Indian tribes with interests within the counties or cities adopting classification and designation be consulted and their input considered in the development and adoption of designations and classifications. The department may provide mediation services to help resolve disputes between counties and cities that are using either the notification or interlocal agreement method of coordinating between jurisdictions.

(d) Mapping natural resource lands. Mapping should be done to identify designated natural resource lands. For counties and cities fully planning under the act, natural resource lands designations must be incorporated into the comprehensive plan land use element and should be shown on the future land use map required under RCW 36.70A.070.

(9) Evaluation. When counties and cities adopt a comprehensive plan, the act requires them to evaluate their designations and development regulations to assure that they are consistent with and implement the comprehensive plan. When considering changes to the designations or development regulations, counties and cities should seek interjurisdictional coordination and must include public participation.

(10) Designation amendment process.

(a) Land use planning is a dynamic process. Natural resource lands review procedures should provide a rational and predictable basis for accommodating change.

(b)(i) De-designations of natural resource lands can undermine the original designation process. De-designations threaten the viability of natural resource lands and associated industries through conversion to incompatible land uses, and through operational interference on adjacent lands. Cumulative impacts from de-designations can adversely affect the ability of natural resource-based industries to operate.

(ii) Counties and cities should maintain and enhance natural resource-based industries and discourage incompatible uses. Because of the significant amount of time needed to review natural resource lands and potential impacts from incompatible uses, frequent, piecemeal de-designations of resource lands should not be allowed. Site-specific proposals to de-designate natural resource lands must be deferred until a comprehensive countywide analysis is conducted.

(c) Reviewing natural resource lands designation. In classifying, designating and de-designating natural resource lands, counties must conduct a comprehensive countywide analysis. Counties and cities should not review natural resource lands designations solely on a parcel-by-parcel basis. Designation amendments should be based on consistency with one or more of the following criteria:

(i) A change in circumstances pertaining to the comprehensive plan or public policy related to designation criteria in WAC 365-190-050(3), 365-190-060(2), and 365-190-070(3);

(ii) A change in circumstances to the subject property, which is beyond the control of the landowner and is related to designation criteria in WAC 365-190-050(3), 365-190-060(2), and 365-190-070(3);

(iii) An error in designation or failure to designate;

(iv) New information on natural resource land or critical area status related to the designation criteria in WAC 365-190-050(3), 365-190-060(2), and 365-190-070(3); or

(v) A change in population growth rates, or consumption rates, especially of mineral resources.

(11) Use of innovative land use management techniques.

(a) Natural resource uses have preferred and primary status in designated natural resource lands. Counties and cities must determine if and to what extent other uses will be allowed. If other uses are allowed, counties and cities should consider using innovative land management techniques that minimize land use incompatibilities and most effectively maintain current and future natural resource lands.

(b) Techniques to conserve and protect agricultural, forest lands, and mineral resource lands include the purchase or transfer of development rights, fee simple purchase of the land, less than fee simple purchase, purchase with leaseback, buffering, land trades, conservation easements, current use assessments, innovative zoning, or other innovations which maintain current uses and assure the conservation of these natural resource lands.

(12) Development in and adjacent to agricultural, forest, and mineral resource lands shall assure the continued management of these lands for natural resource production. Uses that would convert natural resource lands to other uses or would interfere with the allowed natural resource uses must be prohibited except as authorized in accessory uses under RCW 36.70A.177 or other applicable statutes. Any uses adjacent to agricultural, forest, and mineral resource lands of long-term commercial significance must not interfere with their continued use for the production of agricultural, forest, or mineral products respectively. Counties and cities should consider the adoption of right-to-farm provisions, and may also adopt measures to conserve and enhance marine aquaculture. Covenants or easements recognizing that farming, forestry, and mining activities will occur should be imposed on new development in or adjacent to agricultural, forest, or mineral resource lands. Where buffering is used it should be on land within the adjacent development unless an alternative is mutually agreed on by adjacent landowners.

History

Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 23-08-037, § 365-190-040, filed 3/29/23, effective 4/29/23
WSR 10-03-085, § 365-190-040, filed 1/19/10, effective 2/19/10. Statutory Authority: RCW 36.70A.050. WSR 91-07-041, § 365-190-040, filed 3/15/91, effective 4/15/91.

Wash. Admin. Code § 365-190-050 Agricultural resource lands.

(1) In classifying, designating and de-designating agricultural resource lands, counties must conduct a comprehensive countywide analysis consistent with WAC 365-190-040(10). Counties and cities should not review resource lands designations solely on a parcel-by-parcel basis. Counties and cities must have a program for the transfer or purchase of development rights prior to designating agricultural resource lands in urban growth areas. Cities are encouraged to coordinate their agricultural resource lands designations with their county and any adjacent jurisdictions.

(2) Once lands are designated, counties and cities planning under the act must adopt development regulations that assure the conservation of agricultural resource lands. Recommendations for those regulations are found in WAC 365-196-815.

(3) Lands should be considered for designation as agricultural resource lands based on three factors:

(a) The land is not already characterized by urban growth. To evaluate this factor, counties and cities should use the criteria contained in WAC 365-196-310.

(b) The land is used or capable of being used for agricultural production. This factor evaluates whether lands are well suited to agricultural use based primarily on their physical and geographic characteristics. Some agricultural operations are less dependent on soil quality than others, including some livestock production operations.

(i) Lands that are currently used for agricultural production and lands that are capable of such use must be evaluated for designation. The intent of a landowner to use land for agriculture or to cease such use is not the controlling factor in determining if land is used or capable of being used for agricultural production. Land enrolled in federal conservation reserve programs is recommended for designation based on previous agricultural use, management requirements, and potential for reuse as agricultural land.

(ii) In determining whether lands are used or capable of being used for agricultural production, counties and cities shall use the land-capability classification system of the United States Department of Agriculture Natural Resources Conservation Service as defined in relevant Field Office Technical Guides. These eight classes are incorporated by the United States Department of Agriculture into map units described in published soil surveys, and are based on the growing capacity, productivity and soil composition of the land.

(c) The land has long-term commercial significance for agriculture. In determining this factor, counties and cities should consider the following nonexclusive criteria, as applicable:

(i) The classification of prime and unique farmland soils, and farmlands of statewide importance, as mapped by the Natural Resources Conservation Service;

(ii) The availability of public facilities, including roads used in transporting agricultural products;

(iii) Tax status, including whether lands are enrolled under the current use tax assessment under chapter 84.34 RCW and whether the optional public benefit rating system is used locally, and whether there is the ability to purchase or transfer land development rights;

(iv) The availability of public services;

(v) Relationship or proximity to urban growth areas;

(vi) Predominant parcel size, which may include smaller parcels if contiguous with other agricultural resource lands;

(vii) Land use settlement patterns and their compatibility with agricultural practices;

(viii) Intensity of nearby land uses;

(ix) History of land development permits issued nearby;

(x) Land values under alternative uses; and

(xi) Proximity to markets.

(4) When designating agricultural resource lands, counties and cities may consider food security issues, which may include providing local food supplies for food banks, schools and institutions, vocational training opportunities in agricultural operations, and preserving heritage or artisanal foods.

(5) When applying the criteria in subsection (3)(c) of this section, the process should result in designating an amount of agricultural resource lands sufficient to maintain and enhance the economic viability of the agricultural industry in the county over the long term; and to retain supporting agricultural businesses, such as processors, farm suppliers, and equipment maintenance and repair facilities.

(6) Counties and cities may further classify additional agricultural lands of local importance. Classifying additional agricultural lands of local importance should include, in addition to general public involvement, consultation with the board of the local conservation district and the local committee of the farm service agency. It may also be useful to consult with any existing local organizations marketing or using local produce, including the boards of local farmers markets, school districts, other large institutions, such as hospitals, correctional facilities, or existing food cooperatives.

These additional lands may include designated critical areas, such as bogs used to grow cranberries or farmed wetlands. Where these lands are also designated critical areas, counties and cities planning under the act must weigh the compatibility of adjacent land uses and development with the continuing need to protect the functions and values of critical areas and ecosystems.

History

Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 23-08-037, § 365-190-050, filed 3/29/23, effective 4/29/23
WSR 10-22-103, § 365-190-050, filed 11/2/10, effective 12/3/10
WSR 10-03-085, § 365-190-050, filed 1/19/10, effective 2/19/10. Statutory Authority: RCW 36.70A.050. WSR 91-07-041, § 365-190-050, filed 3/15/91, effective 4/15/91.

Wash. Admin. Code § 365-190-060 Forest resource lands.

(1) In classifying, designating and de-designating forest resource lands, counties must conduct a comprehensive countywide analysis consistent with WAC 365-190-040(10). Counties and cities should not review forest resource lands designations solely on a parcel-by-parcel basis. Counties and cities must have a program for the transfer or purchase of development rights prior to designating forest resource lands in urban growth areas. Cities are encouraged to coordinate their forest resource lands designations with their county and any adjacent jurisdictions.

(2) Lands should be designated as forest resource lands of long-term commercial significance based on three factors:

(a) The land is not already characterized by urban growth. To evaluate this factor, counties and cities should use the criteria contained in WAC 365-196-310.

(b) The land is used or capable of being used for forestry production. To evaluate this factor, counties and cities should determine whether lands are well suited for forestry use based primarily on their physical and geographic characteristics.

Lands that are currently used for forestry production and lands that are capable of such use must be evaluated for designation. The landowner's intent to either use land for forestry or to cease such use is not the controlling factor in determining if land is used or capable of being used for forestry production.

(c) The land has long-term commercial significance. When determining whether lands are used or capable of being used for forestry production, counties and cities should determine which land grade constitutes forest land of long-term commercial significance, based on local physical, biological, economic, and land use considerations. Counties and cities should use the private forest land grades of the department of revenue (WAC 458-40-530). This system incorporates consideration of growing capacity, productivity, and soil composition of the land. Forest land of long-term commercial significance will generally have a predominance of the higher private forest land grades. However, the presence of lower private forest land grades within the areas of predominantly higher grades need not preclude designation as forest land.

(3) Counties and cities may also consider secondary benefits from retaining commercial forestry operations. Benefits from retaining commercial forestry may include protecting air and water quality, maintaining adequate aquifer recharge areas, reducing forest fire risks, supporting tourism and access to recreational opportunities, providing carbon sequestration benefits, and improving wildlife habitat and connectivity for upland species. These are only potential secondary benefits from retaining commercial forestry operations, and should not be used alone as a basis for designating or de-designating forest resource lands.

(4) Counties and cities must also consider the effects of proximity to population areas and the possibility of more intense uses of the land as indicated by the following criteria as applicable:

(a) The availability of public services and facilities conducive to the conversion of forest land;

(b) The proximity of forest land to urban and suburban areas and rural settlements: Forest lands of long-term commercial significance are located outside the urban and suburban areas and rural settlements;

(c) The size of the parcels: Forest lands consist of predominantly large parcels, but may include smaller parcels if contiguous with other forest resource lands;

(d) The compatibility and intensity of adjacent and nearby land use and settlement patterns with forest lands of long-term commercial significance;

(e) Property tax classification: Property is assessed as open space or forest land pursuant to chapter 84.33 or 84.34 RCW;

(f) Local economic conditions which affect the ability to manage timberlands for long-term commercial production; and

(g) History of land development permits issued nearby.

(5) When applying the criteria in subsection (4) of this section, counties or cities should designate at least the minimum amount of forest resource lands needed to maintain economic viability for the forestry industry and to retain supporting forestry businesses, such as loggers, mills, forest product processors, equipment suppliers, and equipment maintenance and repair facilities. Economic viability in this context is that amount of designated forestry resource land needed to maintain economic viability of the forestry industry in the region over the long term.

History

Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 23-08-037, § 365-190-060, filed 3/29/23, effective 4/29/23
WSR 10-03-085, § 365-190-060, filed 1/19/10, effective 2/19/10. Statutory Authority: RCW 36.70A.050. WSR 91-07-041, § 365-190-060, filed 3/15/91, effective 4/15/91.

Wash. Admin. Code § 365-190-070 Mineral resource lands.

(1) In classifying, designating and de-designating mineral resource lands, counties and cities must conduct a comprehensive countywide analysis consistent with WAC 365-190-040(10), with the exception of owner-initiated requests for designation. Counties and cities should not review mineral resource lands designations solely on a parcel-by-parcel basis. Counties and cities may de-designate mineral resource lands without a comprehensive countywide analysis if mining operations have ceased and the site reclaimed.

(2) Counties and cities must identify and classify mineral resource lands from which the extraction of minerals occurs or can be anticipated. Counties and cities may consider the need for a longer planning period specifically to address mineral resource lands, based on the need to assure availability of minerals for future uses, and to not inadvertently preclude access to available mineral resources due to incompatible development. Other proposed land uses within these areas may require special attention to ensure future supply of aggregate and mineral resource material, while maintaining a balance of land uses.

(3) Classification criteria.

(a) Counties and cities classify mineral resource lands based on geologic, environmental, and economic factors, existing land uses, and land ownership. It is expected that mineral resource lands will be depleted of minerals over time, and that subsequent land uses may occur on these lands after mining is completed. Counties and cities may approve and permit land uses on these mineral resource lands to occur after mining is completed.

(b) Counties and cities should classify lands with potential long-term commercial significance for extracting at least the following minerals: Sand, gravel, and valuable metallic substances. Other minerals may be classified as appropriate.

(c) When classifying these areas, counties and cities should use maps and information on location and extent of mineral deposits provided by the department of natural resources, the United States Geological Service and any relevant information provided by property owners. Counties and cities may also use all or part of a detailed minerals classification system developed by the department of natural resources.

(d) Classifying mineral resource lands should be based on the geology and the distance to market of potential mineral resource lands, including:

(i) Physical and topographic characteristics of the mineral resource site, including the depth and quantity of the resource and depth of the overburden;

(ii) Physical properties of the resource including quality and type;

(iii) Projected life of the resource;

(iv) Resource availability in the region; and

(v) Accessibility and proximity to the point of use or market.

(e) Other factors to consider when classifying potential mineral resource lands should include three aspects of mineral resource lands:

(i) The ability to access needed minerals may be lost if suitable mineral resource lands are not classified and designated; and

(ii) The effects of proximity to population areas and the possibility of more intense uses of the land in both the short and long-term, as indicated by the following:

(A) General land use patterns in the area;

(B) Availability of utilities, including water supply;

(D) Availability of public roads and other public services; and

(E) Subdivision or zoning for urban or small lots.

(iii) Energy costs of transporting minerals.

(4) Designation of mineral resource lands.

(a) Counties and cities must designate known mineral deposits so that access to mineral resources of long-term commercial significance is not knowingly precluded. Priority land use for mineral extraction should be retained for all designated mineral resource lands.

(b) In designating mineral resource lands, counties and cities should determine if adequate mineral resources are available for projected needs from currently designated mineral resource lands.

(c) Counties and cities may consult with the department of transportation and the regional transportation planning organization to determine projected future mineral resource needs for large transportation projects planned in their area.

(d) In designating mineral resource lands, counties and cities must also consider that mining may be a temporary use at any given mine, depending on the amount of minerals available and the consumption rate, and that other land uses can occur on the mine site after mining is completed, subject to approval.

(e) Successful achievement of the natural resource industries goal set forth in RCW 36.70A.020 requires the conservation of a land base sufficient in size and quality to maintain and enhance those industries and the development and use of land use techniques that discourage uses incompatible with the management of designated lands.

History

Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 23-08-037, § 365-190-070, filed 3/29/23, effective 4/29/23
WSR 10-03-085, § 365-190-070, filed 1/19/10, effective 2/19/10. Statutory Authority: RCW 36.70A.050. WSR 91-07-041, § 365-190-070, filed 3/15/91, effective 4/15/91.

Wash. Admin. Code § 365-190-080 Critical areas.

(1) Counties and cities must protect critical areas. Counties and cities required or opting to plan under the act must consider the definitions and guidelines in this chapter when designating critical areas and when preparing development regulations that protect all functions and values of critical areas to ensure no net loss of ecological functions and values. The department provides additional recommendations for adopting critical areas regulations in WAC 365-196-485.

(2) Counties and cities must include the best available science as described in chapter 365-195 WAC, when designating critical areas and when developing policies and regulations that protect critical areas. Counties and cities must give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries. Counties and cities are encouraged to also protect both surface and groundwater resources, because these waters often recharge wetlands, streams and lakes.

(3) Counties and cities are encouraged to develop a coordinated regional critical areas protection program that combines interjurisdictional cooperation, public education, incentives to promote voluntary protective measures, and regulatory standards that serve to protect these critical areas.

(4) Counties and cities should designate critical areas by using maps and performance standards.

(a) Maps may benefit the public by increasing public awareness of critical areas and their locations. County and city staff may also benefit from maps which provide a useful tool for determining whether a particular land use permit application may affect a critical area. However, because maps may be too inexact for regulatory purposes, counties and cities should rely primarily on performance standards to protect critical areas. Counties and cities should apply performance standards to protect critical areas when a land use permit decision is made.

(b) Counties and cities should clearly state that maps showing known critical areas are only for information or illustrative purposes.

History

Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 23-08-037, § 365-190-080, filed 3/29/23, effective 4/29/23
WSR 10-03-085, § 365-190-080, filed 1/19/10, effective 2/19/10. Statutory Authority: RCW 36.70A.050. WSR 91-07-041, § 365-190-080, filed 3/15/91, effective 4/15/91.

Wash. Admin. Code § 365-190-090 Wetlands.

(1) The wetlands of Washington state are fragile ecosystems that serve a number of important beneficial functions. Wetlands assist in reducing erosion, siltation, flooding, ground and surface water pollution, and provide wildlife, plant, and fisheries habitats. Wetlands destruction or impairment may result in increased public and private costs and property losses.

(2) In designating wetlands for regulatory purposes, counties and cities must use the definition of wetlands in RCW 36.70A.030. Counties and cities are requested and encouraged to make their actions consistent with the intent and goals of "protection of wetlands," Executive Orders 89-10 and 90-04 as they existed on September 1, 1990. Additionally, counties and cities should consider wetlands protection guidance provided by the department of ecology, including the management recommendations based on the best available science, mitigation guidance, and provisions addressing the option of using wetland mitigation banks.

(3) Wetlands rating systems. Wetland functions vary widely.

(a) When designating wetlands, counties and cities should use a rating system that evaluates the existing wetland functions and values to determine what functions must be protected.

(b) In developing wetlands rating systems, counties and cities should consider using the wetland rating system developed jointly by the department of ecology and the United States Army Corps of Engineers.

(d) A rating system should evaluate, at a minimum, the following factors:

(i) Wetlands functions and values;

(ii) Degree of sensitivity to disturbance;

(iii) Rarity;

(iv) The degree to which a wetland contributes to functions and values of a larger ecosystem. Rating systems should generally rate wetlands higher when they are well-connected to adjacent or nearby habitats, are part of an intact ecosystem or function in a network of critical areas; and

(v) The ability to replace the functions and values through compensatory mitigation.

(4) Counties and cities may use the National Wetlands Inventory and a landscape-scale watershed characterization as information sources for determining the approximate distribution and extent of wetlands. The National Wetlands Inventory is an inventory providing maps of wetland areas according to the definition of wetlands issued by the United States Department of Interior Fish and Wildlife Service. A landscape-scale watershed characterization may identify areas that are conducive to forming wetlands based on topography, soils and geology, and hydrology. Regardless, any potential locations of wetlands should be confirmed by field visits, either before or as part of permitting activities, and identified wetlands should have their boundaries delineated for regulation consistent with the wetlands definition in RCW 36.70A.030.

(5) Counties and cities must use the methodology for regulatory delineations in the adopted state manual identified in RCW 36.70A.175.

History

Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 23-08-037, § 365-190-090, filed 3/29/23, effective 4/29/23
WSR 10-03-085, § 365-190-090, filed 1/19/10, effective 2/19/10.

Wash. Admin. Code § 365-190-100 Critical aquifer recharge areas.

(1) Potable water is an essential life sustaining element for people and many other species. Much of Washington's drinking water comes from groundwater. Once groundwater is contaminated it is difficult, costly, and sometimes impossible to clean up. Preventing contamination is necessary to avoid exorbitant costs, hardships, and potential physical harm to people and ecosystems.

(2) The quality and quantity of groundwater in an aquifer is inextricably linked to its recharge area. Where aquifers and their recharge areas have been studied, affected counties and cities should use this information as the basis for classifying and designating these areas. Where no specific studies have been done, counties and cities may use existing soil and surficial geologic information to determine where recharge areas exist. To determine the threat to groundwater quality, existing land use activities and their potential to lead to contamination should be evaluated.

(3) Counties and cities must classify recharge areas for aquifers according to the aquifer vulnerability. Vulnerability is the combined effect of hydrogeological susceptibility to contamination and the contamination loading potential. High vulnerability may be indicated by hydrogeological conditions that facilitate degradation, particularly where combined with land uses that contribute, or may potentially contribute, directly or indirectly to contamination that may degrade groundwater. Low vulnerability may be indicated by the combination of hydrogeological conditions that do not facilitate degradation and land uses that do not contribute, or are not likely to contribute, contaminants that will degrade groundwater. Hydrological conditions may include those induced by limited recharge of an aquifer. Reduced aquifer recharge from effective impervious surfaces may result in higher concentrations of contaminants than would otherwise occur.

(a) To characterize hydrogeologic susceptibility of the recharge area to contamination, counties and cities may consider the following physical characteristics:

(i) Depth to groundwater;

(ii) Aquifer properties such as hydraulic conductivity, gradients, and size;

(iii) Soil (texture, permeability, and contaminant attenuation properties);

(iv) Characteristics of the vadose zone including permeability and attenuation properties; and

(v) Other relevant factors.

(b) The following may be considered to evaluate vulnerability based on the contaminant loading potential:

(i) General land use;

(ii) Waste disposal sites;

(iii) Agriculture activities;

(iv) Well logs and water quality test results;

(v) Proximity to marine shorelines; and

(vi) Other information about the potential for contamination.

(4) A classification strategy for aquifer recharge areas should be to maintain the quality, and if needed, the quantity of the groundwater, with particular attention to recharge areas of high susceptibility.

(a) In recharge areas that are highly vulnerable, studies should be initiated to determine if groundwater contamination has occurred. Classification of these areas should include consideration of the degree to which the aquifer is used as a potable water source, feasibility of protective measures to preclude further degradation, availability of treatment measures to maintain potability, and availability of alternative potable water sources.

(b) Examples of areas with a critical recharging effect on aquifers used for potable water may include:

(i) Recharge areas for sole source aquifers designated pursuant to the Federal Safe Drinking Water Act;

(ii) Areas established for special protection pursuant to a groundwater management program, chapters 90.44, 90.48, and 90.54 RCW, and chapters 173-100 and 173-200 WAC;

(iii) Areas designated for wellhead protection pursuant to the Federal Safe Drinking Water Act;

(iv) Areas near marine waters where aquifers may be subject to saltwater intrusion; and

(v) Other areas meeting the definition of "areas with a critical recharging effect on aquifers used for potable water" in these guidelines.

(c) Some aquifers may also have critical recharging effects on streams, lakes, and wetlands that provide critical fish and wildlife habitat. Protecting adequate recharge of these aquifers may provide additional benefits in maintaining fish and wildlife habitat conservation areas.

History

Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 23-08-037, § 365-190-100, filed 3/29/23, effective 4/29/23
WSR 10-03-085, § 365-190-100, filed 1/19/10, effective 2/19/10.

Wash. Admin. Code § 365-190-110 Frequently flooded areas.

Flood plains and other areas subject to flooding perform important hydrologic functions and may present a risk to persons and property.

(1) Classifications of frequently flooded areas should include, at a minimum, the 100-year flood plain designations of the Federal Emergency Management Agency and the National Flood Insurance Program.

(2) Counties and cities should consider the following when designating and classifying frequently flooded areas:

(a) Effects of flooding on human health and safety, and to public facilities and services;

(b) Available documentation including federal, state, and local laws, regulations, and programs, local studies and maps, and federal flood insurance programs, including the provisions for urban growth areas in RCW 36.70A.110;

(c) The future flow flood plain, defined as the channel of the stream and that portion of the adjoining flood plain that is necessary to contain and discharge the base flood flow at build out;

(d) The potential effects of tsunami, high tides with strong winds, sea level rise, and extreme weather events, including those potentially resulting from global climate change;

(e) Greater surface runoff caused by increasing impervious surfaces.

History

Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 23-08-037, § 365-190-110, filed 3/29/23, effective 4/29/23
WSR 10-03-085, § 365-190-110, filed 1/19/10, effective 2/19/10.

Wash. Admin. Code § 365-190-120 Geologically hazardous areas.

(1) Geologically hazardous areas include areas susceptible to erosion, sliding, earthquake, or other geological events. They pose a threat to the health and safety of citizens when incompatible commercial, residential, or industrial development is sited in areas of significant hazard.

(2) Some geological hazards can be reduced or mitigated by engineering, design, or modified construction or mining practices so that risks to public health and safety are minimized. When technology cannot reduce risks to acceptable levels, building in geologically hazardous areas must be avoided. The distinction between avoidance and compensatory mitigation should be considered by counties and cities that do not currently classify geological hazards, as they develop their classification scheme.

(3) Areas that are susceptible to one or more of the following types of hazards shall be classified as a geologically hazardous area:

(a) Erosion hazard;

(b) Landslide hazard;

(d) Areas subject to other geological events such as coal mine hazards and volcanic hazards including: Mass wasting, debris flows, rock falls, and differential settlement.

(4) Counties and cities should assess the risks and classify geologically hazardous areas as either:

(a) Known or suspected risk;

(b) No known risk; or

(5) Erosion hazard areas include areas likely to become unstable, such as bluffs, steep slopes, and areas with unconsolidated soils. Erosion hazard areas may also include coastal erosion areas: This information can be found in the Washington state coastal atlas available from the department of ecology. Counties and cities may consult with the United States Department of Agriculture Natural Resources Conservation Service for data to help identify erosion hazard areas.

(6) Landslide hazard areas include areas subject to landslides based on a combination of geologic, topographic, and hydrologic factors. They include any areas susceptible to landslide because of any combination of bedrock, soil, slope (gradient), slope aspect, structure, hydrology, or other factors, and include, at a minimum, the following:

(a) Areas of historic failures, such as:

(i) Those areas delineated by the United States Department of Agriculture Natural Resources Conservation Service as having a significant limitation for building site development;

(ii) Those coastal areas mapped as class u (unstable), uos (unstable old slides), and urs (unstable recent slides) in the department of ecology Washington coastal atlas; or

(iii) Areas designated as quaternary slumps, earthflows, mudflows, lahars, or landslides on maps published by the United States Geological Survey or Washington department of natural resources.

(b) Areas with all three of the following characteristics:

(i) Slopes steeper than 15 percent;

(ii) Hillsides intersecting geologic contacts with a relatively permeable sediment overlying a relatively impermeable sediment or bedrock; and

(iii) Springs or groundwater seepage.

(c) Areas that have shown movement during the holocene epoch (from 10,000 years ago to the present) or which are underlain or covered by mass wastage debris of this epoch;

(d) Slopes that are parallel or subparallel to planes of weakness (such as bedding planes, joint systems, and fault planes) in subsurface materials;

(e) Slopes having gradients steeper than 80 percent subject to rockfall during seismic shaking;

(f) Areas potentially unstable as a result of rapid stream incision, stream bank erosion, and undercutting by wave action, including stream channel migration zones;

(g) Areas that show evidence of, or are at risk from snow avalanches;

(h) Areas located in a canyon or on an active alluvial fan, presently or potentially subject to inundation by debris flows or catastrophic flooding; and

(i) Any area with a slope of 40 percent or steeper and with a vertical relief of 10 or more feet except areas composed of bedrock. A slope is delineated by establishing its toe and top and measured by averaging the inclination over at least 10 feet of vertical relief.

(7) Seismic hazard areas must include areas subject to severe risk of damage as a result of earthquake induced ground shaking, slope failure, settlement or subsidence, soil liquefaction, surface faulting, or tsunamis. Settlement and soil liquefaction conditions occur in areas underlain by cohesionless soils of low density, typically in association with a shallow groundwater table. One indicator of potential for future earthquake damage is a record of earthquake damage in the past. Ground shaking is the primary cause of earthquake damage in Washington, and ground settlement may occur with shaking. The strength of ground shaking is primarily affected by:

(a) The magnitude of an earthquake;

(b) The distance from the source of an earthquake;

(d) The type of subsurface geologic structure.

(8) Other geological hazard areas:

(a) Volcanic hazard areas must include areas subject to pyroclastic flows, lava flows, debris avalanche, or inundation by debris flows, lahars, mudflows, or related flooding resulting from volcanic activity.

(b) Mine hazard areas are those areas underlain by, adjacent to, or affected by mine workings such as adits, gangways, tunnels, drifts, or air shafts. Factors which should be considered include: Proximity to development, depth from ground surface to the mine working, and geologic material.

History

Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 23-08-037, § 365-190-120, filed 3/29/23, effective 4/29/23
WSR 10-03-085, § 365-190-120, filed 1/19/10, effective 2/19/10.

Wash. Admin. Code § 365-190-130 Fish and wildlife habitat conservation areas.

(1) "Fish and wildlife habitat conservation" means land management for maintaining populations of species in suitable habitats within their natural geographic distribution so that the habitat available is sufficient to support viable populations over the long term and isolated subpopulations are not created. Fish and wildlife habitat conservation areas do not include such artificial features or constructs as irrigation delivery systems, irrigation infrastructure, irrigation canals, or drainage ditches that lie within the boundaries of and are maintained by a port district or an irrigation district or company. This does not mean maintaining all individuals of all species at all times, but it does mean not degrading or reducing populations or habitats so that they are no longer viable over the long term. Counties and cities should engage in cooperative planning and coordination to help assure long term population viability.

Fish and wildlife habitat conservation areas contribute to the state's biodiversity and occur on both publicly and privately owned lands. Designating these areas is an important part of land use planning for appropriate development densities, urban growth area boundaries, open space corridors, and incentive-based land conservation and stewardship programs.

(2) Fish and wildlife habitat conservation areas that must be considered for classification and designation include:

(a) Areas where endangered, threatened, and sensitive species have a primary association;

(b) Habitats and species of local importance, as determined locally;

(d) Kelp and eelgrass beds; herring, smelt, and other forage fish spawning areas;

(e) Naturally occurring ponds under 20 acres and their submerged aquatic beds that provide fish or wildlife habitat;

(f) Waters of the state;

(g) Lakes, ponds, streams, and rivers planted with game fish by a governmental or tribal entity; and

(h) State natural area preserves, natural resource conservation areas, and state wildlife areas.

(3) When classifying and designating these areas, counties and cities must include the best available science, as described in chapter 365-195 WAC.

(a) Counties and cities should consider the following:

(i) Creating a system of fish and wildlife habitat with connections between larger habitat blocks and open spaces, integrating with open space corridor planning where appropriate;

(ii) Level of human activity in such areas including presence of roads and level of recreation type (passive or active recreation may be appropriate for certain areas and habitats);

(iii) Protecting riparian ecosystems including salmonid habitat, which also includes marine nearshore areas;

(iv) Evaluating land uses surrounding ponds and fish and wildlife habitat conservation areas that may negatively impact these areas, or conversely, that may contribute positively to their function;

(v) Establishing buffer zones around these areas to separate incompatible uses from habitat areas;

(b) Counties and cities may also consider the following:

(i) Potential for restoring lost and impaired salmonid habitat;

(ii) Potential for designating areas important for local and ecoregional biodiversity; and

(iii) Establishing or enhancing nonregulatory approaches in addition to regulatory methods to protect fish and wildlife habitat conservation areas.

(4) Sources and methods.

(a) Endangered, threatened and sensitive species. Counties and cities should identify and classify seasonal ranges and habitat elements where federal and state listed endangered, threatened and sensitive species have a primary association and which, if altered, may reduce the likelihood that the species will persist over the long term. Counties and cities must consult current information on priority habitats and species identified by the Washington state department of fish and wildlife. Recovery plans and management recommendations for many of these species are available from the Unites States Fish and Wildlife Service, the National Marine Fisheries Service and the Washington state department of fish and wildlife. Additional information that must be consulted is available from the Washington state department of natural resources, natural heritage program, and aquatic resources program.

(b) Habitats and species areas of local importance. Counties and cities should identify, classify and designate locally important habitats and species. Counties and cities must consult current information on priority habitats and species identified by the Washington state department of fish and wildlife. Priority habitat and species information includes endangered, threatened and sensitive species, but also includes candidate species and other vulnerable and unique species and habitats. While these priorities are those of the Washington state department of fish and wildlife, they should be considered by counties and cities as they include the best available science. The Washington state department of fish and wildlife can also provide assistance with identifying and mapping important habitat areas at various landscape scales. Similarly, the Washington state department of natural resources' natural heritage program includes a list of high quality ecological communities and systems and rare plants that must be consulted.

(c) Shellfish areas. All public and private tidelands or bedlands suitable for shellfish harvest shall be classified as critical areas. Counties and cities should consider both commercial and recreational shellfish areas. Counties and cities should consider the Washington state department of health classification of commercial and recreational shellfish growing areas to determine the existing condition of these areas. Further consideration should be given to the vulnerability of these areas to contamination. Shellfish protection districts established pursuant to chapter 90.72 RCW shall be included in the classification of critical shellfish areas.

(d) Kelp and eelgrass beds; herring, smelt and other forage fish spawning areas. Counties and cities must classify kelp and eelgrass beds, identified by the Washington state department of natural resources and the department of ecology. Though not an inclusive inventory, locations of kelp and eelgrass beds are compiled in the Washington coastal atlas published by the department of ecology. Herring, smelt and other forage fish spawning times and locations are outlined in WAC 220-110-240 through 220-110-271.

(e) Naturally occurring ponds under 20 acres and their submerged aquatic beds that provide fish or wildlife habitat. Naturally occurring ponds do not include ponds deliberately designed and created from dry sites, such as canals, detention facilities, wastewater treatment facilities, farmponds, temporary construction ponds (of less than three years duration) and landscape amenities. However, naturally occurring ponds may include those artificial ponds intentionally created from dry areas in order to mitigate conversion of ponds, if permitted by a regulatory authority.

(f) Waters of the state.

(i) Waters of the state are defined in RCW 90.48.020 and include lakes, rivers, ponds, streams, inland waters, underground waters, salt waters, and all other surface waters and watercourses in Washington. Stream types are classified in Title 222 WAC, the forest practices regulations. Counties and cities may use the classification system established in WAC 222-16-030 to classify waters of the state. Counties and cities using the water types defined in WAC 222-16-030 or 222-16-031 (interim) should not rely solely on Washington state department of natural resources maps of these stream types for purposes of regulating land uses or establishing stream buffers.

(ii) Counties and cities that use the stream typing system developed by the department of natural resources should develop a process to verify actual stream conditions, identify flow alterations, and locate fish passage barriers by conducting a field visit. Field verification of all intermittent or nonfish bearing streams should occur during the wet season months of October to March or as determined locally.

(iii) Counties and cities may consider the following factors when classifying waters of the state as fish and wildlife habitat conservation areas:

(A) Species present which are endangered, threatened or sensitive, and other species of concern;

(B) Species present which are sensitive to habitat manipulation (e.g., priority habitats and species program);

(D) Existing surrounding land uses that are incompatible with salmonid habitat;

(E) Presence and size of riparian ecosystems;

(F) Existing water rights; and

(G) The intermittent nature of some waters of the state.

(g) Lakes, ponds, streams, and rivers planted with game fish. This includes game fish planted in these water bodies under the auspices of a federal, state, local, or tribal program or which supports priority fish species as identified by the Washington state department of fish and wildlife.

(h) State natural area preserves, natural resource conservation areas, and state wildlife areas. Natural area preserves and natural resource conservation areas are defined, established, and managed by the department of natural resources. State wildlife areas are defined, established, and managed by the Washington state department of fish and wildlife, which provides information about state wildlife areas for each county.

(i) Salmonid habitat. Counties and cities should consider recommendations found in salmon recovery plans (see the governor's salmon recovery office). Counties and cities may use information prepared by the United States Department of the Interior Fish and Wildlife Service, National Marine Fisheries Service, the Washington state department of fish and wildlife, the state recreation and conservation office, and the Puget Sound partnership to designate, protect and restore salmonid habitat.

History

Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 23-08-037, § 365-190-130, filed 3/29/23, effective 4/29/23
WSR 10-03-085, § 365-190-130, filed 1/19/10, effective 2/19/10.

Chapter 365-191 Voluntary stewardship program approval procedures.

Wash. Admin. Code § 365-191-010 Purpose and authority.

(1) Chapter 360, Laws of 2011 establishes the voluntary stewardship program as an alternative approach for counties to protect critical areas on agricultural lands. The voluntary stewardship program is not limited to designated agricultural lands of long-term commercial significance. The program is administered by the conservation commission.

(2) A county that chooses to participate in the program is required to develop work plans to protect critical areas while maintaining the viability of agriculture through voluntary, incentive-based measures.

(3) If a watershed is subject to RCW 36.70A.735(2) then a county is given eighteen months to take one of four actions.

(4) The purpose of this chapter is to adopt rules to implement procedures for two of those four options: Department approval of a watershed work plan under RCW 36.70A.735 (1)(a); and department certification of development regulations under RCW 36.70A.735 (1)(c).

(5) This chapter is established pursuant to RCW 36.70A.735(3).

History

Statutory Authority: RCW 36.70A.735(3) and 36.70A.190. WSR 15-20-041, § 365-191-010, filed 9/29/15, effective 10/30/15.

Wash. Admin. Code § 365-191-020 Definitions of terms as used in this chapter.

(1) "Agricultural activities" means all agricultural uses and practices as defined in RCW 90.58.065.

(2) "Commission" means the state conservation commission as defined in RCW 89.08.030.

(3) "Department" means the department of commerce.

(4) "Director" means the executive director of the state conservation commission.

(5) "Enhance" or "enhancement" means to improve the processes, structure, and functions existing, as of July 22, 2011, of ecosystems and habitats associated with critical areas.

(6) "Protect" or "protecting" means to prevent the degradation of functions and values existing as of July 22, 2011.

History

Statutory Authority: RCW 36.70A.735(3) and 36.70A.190. WSR 15-20-041, § 365-191-020, filed 9/29/15, effective 10/30/15.

Wash. Admin. Code § 365-191-200 County duties if a work plan is not approved, fails, or is unfunded.

If a watershed work plan falls under RCW 36.70A.735(2), and the county chooses to develop, adopt, and implement a watershed work plan as described in RCW 36.70A.735 (1)(a), then the county will fall under one of these scenarios:

(1) Work plan not approved by commission: This section applies if the director did not approve a work plan submitted by the county.

(2) Work plan goals and benchmarks have not been met: This section applies if, within five years after receipt of funding, the watershed group finds that goals and benchmarks have not been met, and the director does not approve an adaptive management plan submitted by the county to meet the goals and benchmarks.

(3) Adequate funding not received by county or state agencies with responsibilities: The commission has determined under RCW 36.70A.740 that the county, department, commission, or departments of agriculture, ecology, or fish and wildlife have not received adequate funding to implement a program in the watershed; or

(4) Adequate funding not received by the watershed: The commission has determined under RCW 36.70A.740 that the watershed has not received adequate funding to implement the program.

History

Statutory Authority: RCW 36.70A.735(3) and 36.70A.190. WSR 15-20-041, § 365-191-200, filed 9/29/15, effective 10/30/15.

Wash. Admin. Code § 365-191-210 County submittal requirements.

(1) If a work plan is not approved by the director, then the county must submit the following information to the department:

(a) The work plan and any supporting documentation submitted to the commission;

(b) The revised work plan and a description of how the county has addressed any deficiencies or issues cited by the commission;

(d) Copies of all public, agency and tribal comments received, including a record of names and addresses of interested parties involved in the local government review process;

(e) Adopted resolutions of the county legislative body, if any; and

(f) Meeting minutes and public testimony for those meetings.

(2) Work plan goals and benchmarks not met:

(a) The approved work plan, including the goals and benchmarks;

(b) The adaptive management plan and any supporting documents submitted to the commission;

(c) A revised work plan, adaptive management plan, and a description of how the county has addressed any deficiencies or issues cited by the commission;

(d) Evidence of adequate public notice;

(e) Copies of all public, agency and tribal comments received, including a record of names and addresses of interested parties involved in the local government review process;

(f) Adopted resolutions of the county legislative body, if any; and

(g) Meeting minutes and public testimony for those meetings.

(3) Adequate funding not received by county or state agencies with responsibilities:

(a) The approved work plan and any supporting documentation submitted to the commission; and

(b) Determination by the commission that county or state agencies with responsibilities have not received adequate funding.

(4) The commission has determined that the watershed has not received adequate funding to implement the plan:

(a) The approved work plan and any other supporting documentation submitted to the commission; and

(b) Determination from the commission that adequate funding for the watershed is not available.

History

Statutory Authority: RCW 36.70A.735(3) and 36.70A.190. WSR 15-20-041, § 365-191-210, filed 9/29/15, effective 10/30/15.

Wash. Admin. Code § 365-191-220 Process and criteria for department to review a county's watershed work plan.

(1) A county choosing to develop, adopt, and implement a watershed work plan under RCW 36.70A.735 (1)(a) shall notify the department not less than one hundred twenty days prior to its submittal of their intent and which of the four scenarios under RCW 36.70A.735(2) it falls under.

(2) Prior to submitting the information as specified in WAC 365-191-210 to the department, the county shall conduct a public process consistent with locally adopted procedures.

(3) The department shall provide notice of the county submittal as follows:

(a) Washington State Register;

(b) Agency email distribution list;

(d) Commission.

(4) The department shall consult with the departments of agriculture, ecology, and fish and wildlife, the commission, and other relevant state agencies before approving or disapproving the proposed work plan. Thirty days will be provided to these agencies for review and comment.

(5) The department shall notify the county and parties providing written comment of its decision.

(6) The department's decision document shall include written findings and conclusions and shall specify the date in which the sixty-day appeal period commences.

(7) Criteria for review:

(a) Whether the watershed work plan is consistent with the elements of RCW 36.70A.720(1);

(b) Whether the submittal will protect critical areas while maintaining and enhancing the viability of agriculture in the watershed; and

History

Statutory Authority: RCW 36.70A.735(3) and 36.70A.190. WSR 15-20-041, § 365-191-220, filed 9/29/15, effective 10/30/15.

Wash. Admin. Code § 365-191-230 Appeals.

(1) The department's decision is subject to appeal under RCW 36.70A.280 to the growth management hearings board.

(2) The sixty-day appeal of a petition for review of the department's decision must be filed with the growth management hearings board within sixty days of publication in the Washington State Register.

(3) Only those parties with standing under RCW 36.70A.280(2) may appeal the department's decision.

History

Statutory Authority: RCW 36.70A.735(3) and 36.70A.190. WSR 15-20-041, § 365-191-230, filed 9/29/15, effective 10/30/15.

Wash. Admin. Code § 365-191-300 Local process to review and if necessary revise development regulations to be certified by the department as protective of critical areas in areas used for agricultural activities.

(1) A county choosing to adopt development regulations under RCW 36.70A.735 (1)(c) must notify the department in writing of its intent to submit existing or amended regulations for certification prior to initiating the regulation adoption process. Early notice is encouraged and will allow for consultation with the department and other agencies. Reviewing agencies shall coordinate between each other and with counties to ensure a common understanding of issues and options to address concerns.

(2) Prior to submitting development regulations to the department for certification, a county must conduct a public process consistent with locally adopted procedures.

(3) A county may submit draft regulations to the department for precertification. Precertification means submittal of draft regulations to the department for review and a nonbinding determination whether the draft regulations could be certified or, if not, what changes would be necessary. The department will review the draft regulations and provide a written opinion whether the regulations meet the criteria specified in WAC 365-191-330.

(a) Precertification is offered to identify significant issues prior to submittal to the department for formal certification.

(b) Prior to making its precertification determination, the department must consult reviewing state agencies, including the departments of agriculture, ecology, fish and wildlife, and the commission, as specified in RCW 36.70A.735 (1)(c).

History

Statutory Authority: RCW 36.70A.735(3) and 36.70A.190. WSR 15-20-041, § 365-191-300, filed 9/29/15, effective 10/30/15.

Wash. Admin. Code § 365-191-310 Submittal of proposed regulations to the department for certification.

(1) The department will provide a checklist of materials that must be included with the submittal of proposed regulations for certification. The checklist will not create new or additional requirements beyond the provisions of this chapter. At a minimum, the submittal must include the entire public record of the county development regulation adoption process, including:

(a) Proposed regulations;

(b) Evidence of adequate public notice;

(d) Copies of all public written comments received, including a record of names and addresses of interested parties involved in the local government review process;

(e) Planning commission findings and recommendations;

(f) Adopted resolutions, if any, of the county legislative body; and

(g) Meeting minutes and public testimony.

(2) Counties are encouraged to forward proposed regulations that have been reviewed and recommended by the planning commission, with subsequent review by the county legislative body. The county legislative body should review the planning commission recommendation and, by a vote of the county legislative body, must forward proposed regulations to the department for certification. A county should not forward regulations that have been formally adopted.

(3) The department will review the submittal and make a determination of completeness. The county will be notified in writing of incomplete submittals, with direction from the department concerning missing or inadequate materials. Once the department issues a determination of completeness, it has ninety days to either approve or deny certification.

History

Statutory Authority: RCW 36.70A.735(3) and 36.70A.190. WSR 15-20-041, § 365-191-310, filed 9/29/15, effective 10/30/15.

Wash. Admin. Code § 365-191-320 Department process for certification of development regulations.

(1) After making a determination of completeness, the department will notify reviewing agencies listed in WAC 365-191-300 (3)(b) of the county's submittal and the time frame for their formal review and comment.

(2) Reviewing agencies shall have thirty days to review and comment on the proposed regulations.

(3) The department shall provide notice of the county's request for certification as follows:

(a) Washington State Register;

(b) The department email distribution list;

(d) Local conservation districts.

(4) The department must notify the county and parties providing written comment of its certification decision.

(5) The department's certification decision document must include written findings and conclusions and the date in which the sixty-day appeal period commences.

(6) For compliance with RCW 36.70A.735 (1)(c), a county is encouraged to promptly adopt regulations certified by the department by ordinance, without substantial changes.

History

Statutory Authority: RCW 36.70A.735(3) and 36.70A.190. WSR 15-20-041, § 365-191-320, filed 9/29/15, effective 10/30/15.

Wash. Admin. Code § 365-191-330 Review criteria.

(1) The scope of the department's review shall be limited to a review of existing or proposed development regulations submitted for certification and whether the regulations address the protection of critical areas in areas used for agricultural activities.

(2) Counties may consider Clallam, Clark, King, or Whatcom county's critical area regulation, in effect on July 1, 2011, as example regulations that protect critical areas in areas used for agricultural activities. Counties may also consider development regulations of another local government as long as those regulations have been upheld by a growth management hearings board or court after July 1, 2011.

(3) Regulations shall support the continuation of existing and ongoing agricultural operations.

History

Statutory Authority: RCW 36.70A.735(3) and 36.70A.190. WSR 15-20-041, § 365-191-330, filed 9/29/15, effective 10/30/15.

Wash. Admin. Code § 365-191-340 Procedures for amending development regulations after department certification.

After initial certification under WAC 365-191-050, the department has no authority to certify future amendments proposed by counties.

History

Statutory Authority: RCW 36.70A.735(3) and 36.70A.190. WSR 15-20-041, § 365-191-340, filed 9/29/15, effective 10/30/15.

Wash. Admin. Code § 365-191-350 Appeals.

(1) The department's decision is subject to appeal under RCW 36.70A.280 to the growth management hearings board.

(2) The sixty-day appeal period shall commence upon the date the department's decision is published in the Washington State Register.

(3) Only those parties with standing under RCW 36.70A.280(2) may appeal the department's certification decision.

History

Statutory Authority: RCW 36.70A.735(3) and 36.70A.190. WSR 15-20-041, § 365-191-350, filed 9/29/15, effective 10/30/15.

Chapter 365-195 Growth Management Act—Best available science.

Wash. Admin. Code § 365-195-900 Background and purpose.

(1) Counties and cities planning under RCW 36.70A.040 are subject to continuing review and evaluation of their comprehensive land use plan and development regulations. Periodically, they must take action to review and, if needed, revise their plans and regulations to ensure they comply with the requirements of RCW 36.70A.130.

(2) Counties and cities must include the "best available science" when developing policies and development regulations to increase climate resilience, reduce greenhouse gas emissions, and to protect the functions and values of critical areas, and must give "special consideration" to conservation or protection measures necessary to preserve or enhance anadromous fisheries. The rules in WAC 365-195-900 through 365-195-925 are intended to assist counties and cities in identifying and including the best available science in newly adopted policies and regulations and in demonstrating how they met their statutory obligations under RCW 36.70A.172(1) and 36.70A.070 (9)(e) during this periodic review.

(3) The duty to include best available science is more than a procedural requirement. Best available science is not the sole factor in making decisions related to climate resilience or critical areas; other factors may include nonscientific information such as legal, social, cultural, economic, and political information. Inclusion means that the resulting policies and regulations must substantively reflect the results of a valid weighing of scientific evidence and other factors consistent with the requirements in WAC 365-195-915. Local governments may not ignore the best available science in favor of science it prefers simply because the latter supports the decision it wants to make. The characteristics of a valid scientific process show how local governments should weigh evidence in the process of including best available science, giving the most weight to the evidence that best exhibits the characteristics of good science.

(4) The inclusion of the best available science in the development of critical areas policies and regulations is especially important to salmon recovery efforts, and to other decision-making affecting threatened or endangered species.

(5) These rules are adopted under the authority of RCW 36.70A.190 (4)(b) which requires the department of commerce (department) to adopt rules to assist counties and cities to comply with the goals and requirements of the Growth Management Act.

History

Statutory Authority: RCW 36.70A.190 (4)(b), 36.70A.096, and 36.70A.190(8). WSR 26-01-181, s 365-195-900, filed 12/23/25, effective 1/23/26. Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 23-08-037, § 365-195-900, filed 3/29/23, effective 4/29/23. Statutory Authority: RCW 36.70A.190 (4)(b). WSR 01-08-056, § 365-195-900, filed 4/2/01, effective 5/3/01
WSR 00-16-064, § 365-195-900, filed 7/27/00, effective 8/27/00.

Wash. Admin. Code § 365-195-905 Criteria for determining which information is the "best available science."

(1) This section provides assessment criteria to assist counties and cities in determining whether information obtained during development of climate resiliency and critical areas policies and regulations constitutes the "best available science."

(2) Counties and cities may use information that local, state or federal agencies have determined represents the best available science consistent with criteria set out in WAC 365-195-900 through 365-195-925. The department will work with state agencies to identify resources that meet the criteria for best available science. Such information should be reviewed for local applicability.

(3) The responsibility for including the best available science in the development and implementation of climate resiliency and critical areas policies or regulations rests with the legislative authority of the county or city. Cities and counties must conduct a best available science review when updating climate resiliency and critical area regulations. The complexity of the review should reflect the scope of the amendment. When feasible, counties and cities should consult with a qualified scientific expert or team of qualified scientific experts to identify scientific information, determine the best available science, and assess its applicability. The scientific expert or experts may rely on their professional judgment based on experience and training, but they should use the criteria set out in WAC 365-195-900 through 365-195-925 and any technical guidance provided by the department. Use of these criteria also should guide counties and cities that lack the assistance of a qualified expert or experts, but these criteria are not intended to be a substitute for an assessment and recommendation by a qualified scientific expert or team of experts.

(4) Whether a person is a qualified scientific expert with expertise appropriate to the relevant climate resiliency or critical area topics is determined by a combination of the person's professional credentials and certifications, degrees earned in the relevant scientific discipline from a recognized university, the number of years of experience in the relevant scientific discipline, recognized leadership in the discipline of interest, formal training in the specific area of expertise, and field, lived, or laboratory experience with evidence of the ability to produce peer-reviewed publications or other professional literature. Where pertinent scientific information implicates multiple scientific disciplines, counties and cities are encouraged to consult a team of qualified scientific experts representing the various disciplines to ensure the identification and inclusion of the best available science.

(5) Scientific information can be produced only through a valid scientific process. To ensure that the best available science is being included, a county or city should consider the following:

(a) Characteristics of a valid scientific process. In the context of critical areas protection, a valid scientific process is one that produces reliable information useful in understanding the consequences of a local government's regulatory decisions and in developing critical areas policies and development regulations that will be effective in protecting the functions and values of critical areas. In the context of climate resiliency planning, a valid scientific process is one that produces reliable information useful in understanding the consequence of a county's or city's decisions developing climate resiliency-related policies and regulations. To determine whether information received during the public participation process is reliable scientific information, a county or city should determine whether the source of the information displays the characteristics of a valid scientific process. When weighing scientific information contained in the record for inclusion, counties and cities must weigh the scientific information contained in the record based on its scientific validity. The characteristics generally to be expected in a valid scientific process are as follows:

Peer review. The information has been critically reviewed by other persons who are qualified scientific experts in that scientific discipline. The criticism of the peer reviewers has been addressed by the proponents of the information. Publication in a refereed scientific journal usually indicates that the information has been appropriately peer-reviewed.
Methods. The methods that were used to obtain the information are clearly stated and able to be replicated. The methods are standardized in the pertinent scientific discipline or, if not, the methods have been appropriately peer-reviewed to assure their reliability and validity.
Logical conclusions and reasonable inferences. The conclusions presented are based on reasonable assumptions supported by other studies and consistent with the general theory underlying the assumptions. The conclusions are logically and reasonably derived from the assumptions and supported by the data presented. Any gaps in information and inconsistencies with other pertinent scientific information are adequately explained.
Quantitative analysis. The data have been analyzed using appropriate statistical or quantitative methods.
Context. The information is placed in proper context. The assumptions, analytical techniques, data, and conclusions are appropriately framed with respect to the prevailing body of pertinent scientific knowledge.
References. The assumptions, analytical techniques, and conclusions are well referenced with citations to relevant, credible literature and other pertinent existing information.

(b) Common sources of scientific information. Some sources of information routinely exhibit all or some of the characteristics listed in (a) of this subsection. Information derived from one of the following sources may be considered scientific information if the source possesses the characteristics in Table 1. A county or city may consider information to be scientifically valid if the source possesses the characteristics listed in (a) of this subsection. The information found in Table 1 provides a general indication of the characteristics of a valid scientific process typically associated with common sources of scientific information.

| | characteristics | | | | | | | --- | --- | --- | --- | --- | --- | --- | | Table 1 | Peer review | Methods | Logical conclusions & reasonable inferences | Quantitative analysis | Context | References | | sources of scientific information | | | | | | | | A. Research. Research data collected and analyzed as part of a controlled experiment (or other appropriate methodology) to test a specific hypothesis. | X | X | X | X | X | X | | B. Monitoring. Monitoring data collected periodically over time to determine a resource trend or evaluate a management program. | | X | X | Y | X | X | | C. Inventory. Inventory data collected from an entire population or population segment (e.g., individuals in a plant or animal species) or an entire ecosystem or ecosystem segment (e.g., the species in a particular wetland). | | X | X | Y | X | X | | D. Survey. Survey data collected from a statistical sample from a population or ecosystem. | | X | X | Y | X | X | | E. Modeling. Mathematical or symbolic simulation or representation of a natural system. Models generally are used to understand and explain occurrences that cannot be directly observed. | X | X | X | X | X | X | | F. Assessment. Inspection and evaluation of site-specific information by a qualified scientific expert. An assessment may or may not involve collection of new data. | | X | X | | X | X | | G. Synthesis. A comprehensive review and explanation of pertinent literature and other relevant existing knowledge by a qualified scientific expert. | X | X | X | | X | X | | H. Expert Opinion. Statement of a qualified scientific expert based on his or her best professional judgment and experience in the pertinent scientific discipline. The opinion may or may not be based on site-specific information. | | | X | | X | X |

| X = | characteristic must be present for information derived to be considered scientifically valid and reliable | | --- | --- | | Y = | presence of characteristic strengthens scientific validity and reliability of information derived, but is not essential to ensure scientific validity and reliability |

(c) Common sources of nonscientific information. Many sources of information usually do not produce scientific information because they do not exhibit the necessary characteristics for scientific validity and reliability. Information from these sources may provide valuable information to supplement scientific information, but it is not an adequate substitute for scientific information. Nonscientific information should not be used as a substitute for valid and available scientific information. Common sources of nonscientific information include the following:

(i) Anecdotal information. One or more observations which are not part of an organized scientific effort (for example, "I saw a grizzly bear in that area while I was hiking").

(ii) Nonexpert opinion. Opinion of a person who is not a qualified scientific expert in a pertinent scientific discipline (for example, "I do not believe there are grizzly bears in that area").

(iii) Hearsay. Information repeated from communication with others (for example, "At a lecture last week, Dr. Smith said there were no grizzly bears in that area").

(6) Counties and cities are encouraged to monitor and evaluate their efforts in climate resilience and critical areas protection and incorporate new scientific information, as it becomes available.

History

Statutory Authority: RCW 36.70A.190 (4)(b), 36.70A.096, and 36.70A.190(8). WSR 26-01-181, s 365-195-905, filed 12/23/25, effective 1/23/26. Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 23-08-037, § 365-195-905, filed 3/29/23, effective 4/29/23. Statutory Authority: RCW 36.70A.190 (4)(b). WSR 00-16-064, § 365-195-905, filed 7/27/00, effective 8/27/00.

Wash. Admin. Code § 365-195-910 Criteria for obtaining the best available science.

(1) Consultation with state and federal agencies and tribes can provide a quick and cost-effective way to develop scientific information and recommendations. State agencies provide numerous guidance documents and model ordinances that incorporate the agencies' assessments of the best available science. The department can provide technical assistance in obtaining such information from state agencies, developing model GMA-compliant climate resiliency and critical areas policies and development regulations, and related subjects.

(2) A county or city may compile scientific information through its own efforts, with or without the assistance of qualified experts, and through state agency review and the Growth Management Act's required public participation process. The county or city should assess whether the scientific information it compiles constitutes the best available science applicable to relevant climate sectors or critical area policy or regulation using the criteria set out in WAC 365-195-900 through 365-195-925 and any technical guidance provided by the department. If not, the county or city should identify and assemble additional scientific information to ensure it has included the best available science.

History

Statutory Authority: RCW 36.70A.190 (4)(b), 36.70A.096, and 36.70A.190(8). WSR 26-01-181, s 365-195-910, filed 12/23/25, effective 1/23/26. Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 23-08-037, § 365-195-910, filed 3/29/23, effective 4/29/23. Statutory Authority: RCW 36.70A.190 (4)(b). WSR 00-16-064, § 365-195-910, filed 7/27/00, effective 8/27/00.

Wash. Admin. Code § 365-195-915 Criteria for including the best available science in developing policies and development regulations.

(1) To demonstrate that the best available science has been included in the development of climate resiliency and critical areas policies and regulations, counties and cities should address each of the following on the record:

(a) The specific policies and development regulations adopted to protect the functions and values of the critical areas at issue.

(b) The relevant sources of best available scientific information included in the decision-making.

(c) Any nonscientific information—including legal, social, cultural, economic, and political information—used as a basis for climate resiliency and critical area policies and regulations that depart from recommendations derived from the best available science. A county or city departing from science-based recommendations should:

(i) Identify the information in the record that supports its decision to depart from science-based recommendations;

(ii) Explain its rationale for departing from science-based recommendations; and

(iii) Identify potential risks to climate resiliency, the functions and values of the critical area or areas at issue, and any additional measures chosen to limit such risks. State Environmental Policy Act (SEPA) review often provides an opportunity to establish and publish the record of this assessment.

(2) Counties and cities should include the best available science in determining whether to grant applications for administrative variances and exemptions from generally applicable provisions in policies and development regulations adopted to protect the functions and values of critical areas. Counties and cities should adopt procedures and criteria to ensure that the best available science is included in every review of an application for an administrative variance or exemption.

History

Statutory Authority: RCW 36.70A.190 (4)(b), 36.70A.096, and 36.70A.190(8). WSR 26-01-181, s 365-195-915, filed 12/23/25, effective 1/23/26. Statutory Authority: RCW 36.70A.190 (4)(b). WSR 00-16-064, § 365-195-915, filed 7/27/00, effective 8/27/00.

Wash. Admin. Code § 365-195-920 Criteria for addressing inadequate scientific information.

(1) Where there is an absence of valid scientific information or incomplete scientific information relating to a county's or city's critical areas, leading to uncertainty about which development and land uses could lead to harm of critical areas or uncertainty about the risk to critical area function of permitting development, counties and cities should use the following approach:

(a) A "precautionary or a no risk approach," in which development and land use activities are strictly limited until the uncertainty is sufficiently resolved; and

(b) As an interim approach, an effective adaptive management program that relies on scientific methods to evaluate how well regulatory and nonregulatory actions achieve their objectives. Management, policy, and regulatory actions are treated as experiments that are purposefully monitored and evaluated to determine whether they are effective and, if not, how they should be improved to increase their effectiveness. An adaptive management program is a formal and deliberate scientific approach to taking action and obtaining information in the face of uncertainty. To effectively implement an adaptive management program, counties and cities should be willing to:

(i) Address funding for the research component of the adaptive management program;

(ii) Change course based on the results and interpretation of new information that resolves uncertainties; and

(iii) Commit to the appropriate time frame and scale necessary to reliably evaluate regulatory and nonregulatory actions affecting critical areas protection and anadromous fisheries.

(2) Ongoing permit implementation monitoring and adaptive management.

(a) In addition to the use of formal scientific approaches to monitoring and adaptive management program as an interim approach as described above, the department recommends counties and cities develop and maintain ongoing monitoring and adaptive management procedures to ensure implementation of critical area regulations is efficient and effective. Counties and cities should consult department guidance documents for information.

(b) Steps in developing permit implementation monitoring and adaptive management programs include:

(i) Determining the reasons for monitoring;

(ii) Establishing key objectives and study questions;

(iii) Designing the monitoring program;

(iv) Determining the monitoring time frame; and

(v) Evaluating results and making recommendations.

History

Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 23-08-037, § 365-195-920, filed 3/29/23, effective 4/29/23. Statutory Authority: RCW 36.70A.190 (4)(b). WSR 00-16-064, § 365-195-920, filed 7/27/00, effective 8/27/00.

Wash. Admin. Code § 365-195-925 Criteria for demonstrating "special consideration" has been given to conservation or protection measures necessary to preserve or enhance anadromous fisheries.

(1) RCW 36.70A.172(1) imposes two distinct but related requirements on counties and cities. Counties and cities must include the "best available science" when developing policies and development regulations to protect the functions and values of critical areas, and counties and cities must give "special consideration" to conservation or protection measures necessary to preserve or enhance anadromous fisheries. Local governments should address both requirements in RCW 36.70A.172(1) when developing their records to support their critical areas policies and development regulations.

(2) To demonstrate compliance with RCW 36.70A.172(1), a county or city adopting policies and development regulations to protect critical areas should include in the record evidence that it has given "special consideration" to conservation or protection measures necessary to preserve or enhance anadromous fisheries. The record should be developed using the criteria set out in WAC 365-195-900 through 365-195-925 to ensure that conservation or protection measures necessary to preserve or enhance anadromous fisheries are grounded in the best available science.

(3) Conservation or protection measures necessary to preserve or enhance anadromous fisheries include measures that protect habitat important for all life stages of anadromous fish, including, but not limited to, spawning and incubation, juvenile rearing and adult residence, juvenile migration downstream to the sea, and adult migration upstream to spawning areas. Special consideration should be given to habitat protection measures based on the best available science relevant to stream flows, water quality and temperature, spawning substrates, instream structural diversity, migratory access, estuary and nearshore marine habitat quality, and the maintenance of salmon prey species. Conservation or protection measures can include the adoption of interim actions and long-term strategies to protect and enhance fisheries resources.

History

Statutory Authority: RCW 36.70A.190 (4)(b). WSR 00-16-064, § 365-195-925, filed 7/27/00, effective 8/27/00.

Chapter 365-196 Growth Management Act—Procedural criteria for adopting comprehensive plans and development regulations.

Wash. Admin. Code § 365-196-010 Background.

Through the Growth Management Act, the legislature provided a new framework for land use planning and the regulation of development in Washington state. The act was enacted in response to problems associated with uncoordinated and unplanned growth and a lack of common goals in the conservation and the wise use of our lands. The problems included increased traffic congestion, pollution, school overcrowding, urban sprawl, and the loss of rural lands.

(1) Major features of the act's framework include:

(a) A requirement that counties with specified populations and rates of growth and the cities within them adopt comprehensive plans and development regulations under the act. Other counties can choose to be covered by this requirement, thereby including the cities they contain.

(b) A set of common goals to guide the development of comprehensive plans and development regulations.

(c) The concept that the process should be a "bottom up" effort, involving early and continuous public participation, with the central locus of decision-making at the local level, bounded by the goals and requirements of the act.

(d) Requirements for the locally developed plans to be internally consistent, consistent with countywide planning policies and multicounty planning policies, and consistent with the plans of other counties and cities where there are common borders or related regional issues.

(e) A requirement that development regulations adopted to implement the comprehensive plans be consistent with such plans.

(f) The principle that development and the providing of public facilities and services needed to support development should occur concurrently.

(g) A determination that planning and plan implementation actions should address difficult issues that have resisted resolution in the past, such as:

(i) The timely financing of needed infrastructure;

(ii) Providing adequate and affordable housing for all economic segments of the population;

(iii) Concentrating growth in urban areas, provided with adequate urban services;

(iv) The siting of essential public facilities;

(v) The designation and conservation of agricultural, forest, and mineral resource lands;

(vi) The designation and protection of environmentally critical areas.

(h) A determination that comprehensive planning can simultaneously address these multiple issues by focusing on the land development process as a common underlying factor.

(i) An intention that economic development be encouraged and fostered within the planning and regulatory scheme established for managing growth.

(j) A recognition that the act is a fundamental building block of regulatory reform. The state and local government have invested considerable resources in an act that should serve as the integrating framework for other land use related laws.

(k) A desire to recognize the importance of rural areas and provide for rural economic development.

(l) A requirement that counties and cities must periodically review and update their comprehensive plans and development regulations to ensure continued compliance with the goals and requirements of the act.

(2) The pattern of development established in the act. The act calls for a pattern of development that consists of different types of land uses existing on the landscape. These types generally include urban land, rural land, resource lands, and critical areas. Critical areas exist in rural, urban, and resource lands. Counties and cities must designate lands in these categories and develop policies governing development consistent with these designations. The act establishes criteria to guide the designation process and to guide the character of development in these lands.

(3) How the act applies to existing developed areas. The act is prospective in nature. It establishes a framework for how counties and cities plan for future growth. In many areas, the pattern called for in the act is a departure from the pattern that existed prior to the act. As a consequence, areas developed prior to the act may not clearly fit into the pattern of development established in the act. In rural areas, comprehensive plans developed under the act should find locally appropriate ways to recognize these areas without allowing these patterns to spread into new undeveloped areas. In urban areas, comprehensive plans should find locally appropriate ways to encourage redevelopment of these areas in a manner consistent with the pattern of development envisioned by the act.

History

Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 23-08-037, § 365-196-010, filed 3/29/23, effective 4/29/23
WSR 10-03-085, § 365-196-010, filed 1/19/10, effective 2/19/10.

Wash. Admin. Code § 365-196-020 Purpose.

(1) Within the framework established by the act, counties and cities may accommodate a wide diversity of local visions. There is no exclusive method for accomplishing the requirements of the act.

(2) In light of the complexity and difficulty of the task, the legislature required the department to establish a technical assistance program. As part of that program, the department must adopt by rule procedural criteria to assist counties and cities in adopting comprehensive plans and development regulations that meet the goals and requirements of the act.

(3) Definitions and interpretations made in this chapter by the department, but not expressly set forth in the act, are identified as such. The department's purpose is to provide assistance in interpreting the act, not to add provisions and meanings beyond those intended by the legislature. For definitions of specific terms used in this chapter see WAC 365-196-210.

History

Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 10-03-085, § 365-196-020, filed 1/19/10, effective 2/19/10.

Wash. Admin. Code § 365-196-030 Applicability.

(1) Where these guidelines apply.

(a) This chapter applies to all counties, cities, and towns that are required to plan or choose to plan under RCW 36.70A.040.

(b) WAC 365-196-830 addressing protection of critical areas applies to all counties and cities, including those that do not fully plan under RCW 36.70A.040.

(c) As of May 1, 2009, the following counties and cities within them are not required to fully plan under RCW 36.70A.040: Adams, Asotin, Cowlitz, Ferry, Grays Harbor, Klickitat, Lincoln, Okanogan, Wahkiakum, Skamania, and Whitman.

(2) Compliance with the procedural criteria is not a prerequisite for compliance with the act. This chapter makes recommendations for meeting the requirements of the act, it does not set a minimum list of actions or criteria that a county or city must take. Counties and cities can achieve compliance with the goals and requirements of the act by adopting other approaches.

(3) How the growth management hearings board use these guidelines. The growth management hearings board must determine, in cases brought before them, whether comprehensive plans or development regulations are in compliance with the goals and requirements of the act. When doing so, board must consider the procedural criteria contained in this chapter, but determination of compliance must be based on the act itself.

(4) When a county or city should consider the procedural criteria. Counties and cities should consider these procedural criteria when amending or updating their comprehensive plans, development regulations or countywide planning policies. Since adoption of the act, counties and cities and others have adopted a variety of agreements and frameworks to collaboratively address issues of local concern and their responsibilities under the act. The procedural criteria do not trigger an independent obligation to revisit those agreements. Any local land use planning agreements should, where possible, be construed as consistent with these procedural criteria. Changes to these procedural criteria do not trigger an obligation to review and update local plans and regulations to be consistent with these criteria.

History

Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 25-17-058, s 365-196-030, filed 8/15/25, effective 9/15/25
WSR 23-08-037, § 365-196-030, filed 3/29/23, effective 4/29/23
WSR 10-22-103, § 365-196-030, filed 11/2/10, effective 12/3/10
WSR 10-03-085, § 365-196-030, filed 1/19/10, effective 2/19/10.

Wash. Admin. Code § 365-196-040 Standard of review.

(1) Comprehensive plans and development regulations adopted under the act are presumed valid upon adoption. No state approval is required.

(2) An appeal of a local comprehensive plan or development regulation alleging a violation of the act must be filed with the growth management hearings board (the board). The board must find compliance unless it determines that the action by the state agency, county, or city is clearly erroneous in view of the entire record before the board and in light of the goals and requirements of the act. To find an action clearly erroneous, the board must be left with a firm and definite conclusion that a mistake was made.

(3) Although a county or city does not have to prove compliance, if challenged, it must provide to the hearings board an index of "the record" - all material used in taking the action which is the subject of the challenge. See WAC 242-02-520. This record should include the documents containing the factual basis for determining that the challenged action complies with the act. This information may be contained in the comprehensive plan or development regulations, in the findings of the adopting ordinance or resolution, or in accompanying background documents, such as staff reports.

History

Statutory Authority: RCW 36.70A.050, 36.70A.190. WSR 10-22-103, § 365-196-040, filed 11/2/10, effective 12/3/10
WSR 10-03-085, § 365-196-040, filed 1/19/10, effective 2/19/10.

Wash. Admin. Code § 365-196-050 Regional and local variations.

(1) Regional and local variations and the diversity that exist among different counties and cities should be reflected in the use and application of these procedural criteria.

(2) Recognition of variations and diversity is implicit in the act's framework, with an emphasis on a "bottom up" planning process and on public participation. Such recognition is also inherent in the listing of goals without assignment of priority. Accordingly, this chapter seeks to accommodate regional and local differences by focusing on an analytical process, instead of on specific outcomes.

(3) Local plans and development regulations are expected to vary in complexity and in level of detail depending on population size, growth rates, resources available for planning and scale of public facilities, and services provided.

(4) In general, smaller jurisdictions will not be expected to engage in extensive original research, but will be able to rely upon reasonable assumptions derived from available data of a statewide or regional nature or representative of jurisdictions of comparable size and growth rates.

(5) When commenting on plans and regulations proposed for adoption, state agencies, including the department, should be guided by a common sense appreciation of the size of the jurisdiction involved, the magnitude of the problems addressed, and the context of the submitted changes.

(6) The department has developed a variety of technical assistance materials for counties and cities that may be used to help guide local planning.

History

Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 10-03-085, § 365-196-050, filed 1/19/10, effective 2/19/10.

Wash. Admin. Code § 365-196-060 Goals.

The act lists 15 overall goals in RCW 36.70A.020. Counties and cities should design comprehensive plans and development regulations to meet these goals. The goals, where specified, are also intended to guide development of regional policies, plans, and strategies adopted under RCW 36.70A.210 and chapter 47.80 RCW.

(1) This list of 15 goals is not exclusive. Counties and cities may adopt additional goals. However, these additional goals must be supplementary. They may not conflict with the 15 statutory goals.

(2) Balancing the goals in the act.

(a) The act's goals are not listed in order of priority. The ultimate burden and responsibility for planning, harmonizing the planning goals of this chapter, and implementing a county's or city's future rests with that community. Differences in emphasis are expected from jurisdiction to jurisdiction. Although there may be an inherent tension between the act's goals, counties and cities must give some effect to all the goals. Balancing the act's goals must not be interpreted to allow a violation of statutory requirements. Counties and cities should consider developing a written record demonstrating that it considered the planning goals during the development of the comprehensive plan and development regulations.

(b) When there is a conflict between the general planning goals and more specific requirements of the act, the specific requirements control.

(c) In some cases, counties and cities may support activities outside their jurisdictional boundaries to meet goals of the act.

(d) Development regulations must be consistent with the goals and requirements of the act and the comprehensive plan. In most cases, if a comprehensive plan meets the statutory goals, development regulations consistent with the comprehensive plan will meet the goals.

History

Statutory Authority: RCW 36.70A.190 (4)(b), 36.70A.096, and 36.70A.190(8). WSR 26-01-181, s 365-196-060, filed 12/23/25, effective 1/23/26. Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 23-08-037, § 365-196-060, filed 3/29/23, effective 4/29/23
WSR 10-03-085, § 365-196-060, filed 1/19/10, effective 2/19/10.

Wash. Admin. Code § 365-196-200 Statutory definitions.

The following definitions are contained in chapters 36.70A and 36.70B RCW and provided under this section for convenience. Where definitions from elsewhere in the Revised Code of Washington are included, the definition will note the citation to the applicable statute. If there is a difference between the statutory definition and the definition in this rule, the statutory definition controls. Most statutory definitions included in this section are located in RCW 36.70A.030 and 36.70B.020.

(1) "Active transportation" means forms of pedestrian mobility including walking or running, the use of a mobility assistive device such as a wheelchair, bicycling and cycling irrespective of the number of wheels, and the use of small personal devices such as foot scooters or skateboards. Active transportation includes both traditional and electric assist bicycles and other devices. Planning for active transportation must consider and address accommodation pursuant to the Americans with Disabilities Act (U.S.C. Title 42, 1990 as amended) and the distinct needs of each form of active transportation.

(2) "Active transportation facilities" means facilities provided for the safety and mobility of active transportation users including, but not limited to, trails, as defined in RCW 47.30.005, sidewalks, bike lanes, shared-use paths, and other facilities in the public right-of-way.

(3) "Administrative design review" means a development permit process whereby an application is reviewed, approved, or denied by the planning director or the planning director's designee based solely on objective design and development standards without a public meeting or hearing, unless such review is otherwise required by state or federal law, or the structure is a designated landmark or historic district established under a local preservation ordinance. A city may utilize public meetings, hearings, or voluntary review boards to consider, recommend, or approve requests for variances from locally established design review standards.

(4) "Adopt a comprehensive land use plan" means to enact a new comprehensive land use plan or to update an existing comprehensive land use plan.

(5) "Affordable housing" means, unless the context clearly indicates otherwise, residential housing whose monthly costs, including utilities other than telephone, do not exceed 30 percent of the monthly income of a household whose income is:

(a) For rental housing, 60 percent of the median household income adjusted for household size, for the county where the household is located, as reported by the United States Department of Housing and Urban Development; or

(b) For owner-occupied housing, 80 percent of the median household income adjusted for household size, for the county where the household is located, as reported by the United States Department of Housing and Urban Development.

(6) "Agricultural activities" means all agricultural uses and practices as defined in RCW 90.58.065.

(7) "Agricultural land" means land primarily devoted to the commercial production of horticultural, viticultural, floricultural, dairy, apiary, vegetable, or animal products or of berries, grain, hay, straw, turf, seed, Christmas trees not subject to the excise tax imposed by *RCW 84.33.100 through 84.33.140, finfish in upland hatcheries, or livestock and that has long-term commercial significance for agricultural production.

(8) "City" means any city or town, including a code city.

(9) "Closed record appeal" means an administrative appeal on the record to a local government body or officer, including the legislative body, following an open record hearing on a project permit application when the appeal is on the record with no or limited new evidence or information allowed to be submitted and only appeal argument allowed.

(10) "Comprehensive land use plan," "comprehensive plan," or "plan" means a generalized coordinated land use policy statement of the governing body of a county or city that is adopted pursuant to this chapter.

(11) "Cottage housing" means residential units on a lot with a common open space that either:

(a) Is owned in common; or

(b) Has units owned as condominium units with property owned in common and a minimum of 20 percent of the lot size as open space.

(12) "Courtyard apartments" means attached dwelling units arranged on two or three sides of a yard or court.

(13) "Critical areas" include the following areas and ecosystems:

(a) Wetlands;

(b) Areas with a critical recharging effect on aquifers used for potable water;

(d) Frequently flooded areas; and

(e) Geologically hazardous areas.

"Fish and wildlife habitat conservation areas" does not include such artificial features or constructs as irrigation delivery systems, irrigation infrastructure, irrigation canals, or drainage ditches that lie within the boundaries of and are maintained by a port district or an irrigation district or company.

(14) "Department" means the department of commerce.

(15) "Development regulations" or "regulation" means the controls placed on development or land use activities by a county or city, including, but not limited to, zoning ordinances, critical areas ordinances, shoreline master programs, official controls, planned unit development ordinances, subdivision ordinances, and binding site plan ordinances together with any amendments thereto. A development regulation does not include a decision to approve a project permit application, as defined in RCW 36.70B.020, even though the decision may be expressed in a resolution or ordinance of the legislative body of the county or city.

(16) "Emergency housing" means temporary indoor accommodations for individuals or families who are homeless or at imminent risk of becoming homeless that is intended to address the basic health, food, clothing, and personal hygiene needs of individuals or families. Emergency housing may or may not require occupants to enter into a lease or an occupancy agreement.

(17) "Emergency shelter" means a facility that provides a temporary shelter for individuals or families who are currently homeless. Emergency shelter may not require occupants to enter into a lease or an occupancy agreement. Emergency shelter facilities may include day and warming centers that do not provide overnight accommodations.

(18) "Environmental justice" means the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to development, implementation, and enforcement of environmental laws, regulations, and policies. Environmental justice includes addressing disproportionate environmental and health impacts in all laws, rules, and policies with environmental impacts by prioritizing vulnerable populations and overburdened communities and the equitable distribution of resources and benefits.

(19) "Extremely low-income household" means a single person, family, or unrelated persons living together whose adjusted income is at or below 30 percent of the median household income adjusted for household size, for the county where the household is located, as reported by the United States Department of Housing and Urban Development.

(20) "Forest land" means land primarily devoted to growing trees for long-term commercial timber production on land that can be economically and practically managed for such production, including Christmas trees subject to the excise tax imposed under *RCW 84.33.100 through 84.33.110, and that has long-term commercial significance. In determining whether forest land is primarily devoted to growing trees for long-term commercial timber production on land that can be economically and practically managed for such production, the following factors shall be considered:

(a) The proximity of the land to urban, suburban, and rural settlements;

(b) Surrounding parcel size and the compatibility and intensity of adjacent and nearby land uses;

(d) The availability of public facilities and services conducive to conversion of forest land to other uses.

(21) "Geologically hazardous areas" means areas that because of their susceptibility to erosion, sliding, earthquake, or other geological events, are not suited to the siting of commercial, residential, or industrial development consistent with public health or safety concerns.

(22) "Green infrastructure" means a wide array of natural assets and built structures within an urban growth area boundary, including parks and other areas with protected tree canopy, and management practices at multiple scales that manage wet weather and that maintain and restore natural hydrology by storing, infiltrating, evapotranspiring, and harvesting and using stormwater.

(23) "Green space" means an area of land, vegetated by natural features such as grass, trees, or shrubs, within an urban context and less than one acre in size that creates public value through one or more of the following attributes:

(a) Is accessible to the public;

(b) Promotes physical and mental health of residents;

(d) Promotes recreational and aesthetic values;

(e) Protects streams or water supply; or

(f) Preserves visual quality along highway, road, or street corridors.

(24) "Long-term commercial significance" includes the growing capacity, productivity, and soil composition of the land for long-term commercial production, in consideration with the land's proximity to population areas, and the possibility of more intense uses of the land.

(25) "Low-income household" means a single person, family, or unrelated persons living together whose adjusted income is at or below 80 percent of the median household income adjusted for household size, for the county where the household is located, as reported by the United States Department of Housing and Urban Development.

(26) "Major transit stop" means:

(a) A stop on a high capacity transportation system funded or expanded under the provisions of chapter 81.104 RCW;

(b) Commuter rail stops;

(d) Stops on bus rapid transit routes, including those stops that are under construction.

(27) "Master planned resort" means a self-contained and fully integrated planned unit development, in a setting of significant natural amenities, with primary focus on destination resort facilities consisting of short-term visitor accommodations associated with a range of developed on-site indoor or outdoor recreational facilities.

(28) "Middle housing" means buildings that are compatible in scale, form, and character with single-family houses and contain two or more attached, stacked, or clustered homes including duplexes, triplexes, fourplexes, fiveplexes, sixplexes, townhouses, stacked flats, courtyard apartments, and cottage housing.

(29) "Minerals" include gravel, sand, and valuable metallic substances.

(30) "Moderate-income household" means a single person, family, or unrelated persons living together whose adjusted income is at or below 120 percent of the median household income adjusted for household size, for the county where the household is located, as reported by the United States Department of Housing and Urban Development.

(31) "Open record hearing" means a hearing, conducted by a single hearing body or officer authorized by the local government to conduct such hearings, that creates the local government's record through testimony and submission of evidence and information, under procedures prescribed by the local government by ordinance or resolution. An open record hearing may be held prior to a local government's decision on a project permit to be known as an "open record predecision hearing." An open record hearing may be held on an appeal, to be known as an "open record appeal hearing," if no open record predecision hearing has been held on the project permit.

(32) "Overburdened community" means a geographic area where vulnerable populations face combined, multiple environmental harms and health impacts, and includes, but is not limited to, "highly impacted communities" as defined in RCW 19.405.020.

(33) "Per capita vehicle miles traveled" means the number of miles traveled using cars and light trucks in a calendar year divided by the number of residents. The calculation of this value excludes vehicle miles driven conveying freight.

(34) "Permanent supportive housing" is subsidized, leased housing with no limit on length of stay that prioritizes people who need comprehensive support services to retain tenancy and utilizes admissions practices designed to use lower barriers to entry than would be typical for other subsidized or unsubsidized rental housing, especially related to rental history, criminal history, and personal behaviors. Permanent supportive housing is paired with on-site or off-site voluntary services designed to support a person living with a complex and disabling behavioral health or physical health condition who was experiencing homelessness or was at imminent risk of homelessness prior to moving into housing to retain their housing and be a successful tenant in a housing arrangement, improve the resident's health status, and connect the resident of the housing with community-based health care, treatment, or employment services. Permanent supportive housing is subject to all of the rights and responsibilities defined in chapter 59.18 RCW.

(35) "Project permit" or "project permit application" means any land use or environmental permit or license required from a local government for a project action including, but not limited to, subdivisions, binding site plans, planned unit developments, conditional uses, shoreline substantial development permits, site plan review, permits or approvals required by critical area ordinances, site-specific rezones which do not require a comprehensive plan amendment, but excluding the adoption or amendment of a comprehensive plan, subarea plan, or development regulations except as otherwise specifically included in this subsection.

(36) "Public facilities" include streets, roads, highways, sidewalks, street and road lighting systems, traffic signals, domestic water systems, storm and sanitary sewer systems, parks and recreational facilities, and schools.

(37) "Public meeting" means an informal meeting, hearing, workshop, or other public gathering of people to obtain comments from the public or other agencies on a proposed project permit prior to the local government's decision. A public meeting may include, but is not limited to, a design review or architectural control board meeting, a special review district or community council meeting, or a scoping meeting on a draft environmental impact statement. A public meeting does not include an open record hearing. The proceedings at a public meeting may be recorded and a report or recommendation may be included in the local government's project permit application file.

(38) "Public services" include fire protection and suppression, law enforcement, public health, education, recreation, environmental protection, and other governmental services.

(39) "Rural character" refers to the patterns of land use and development established by a county in the rural element of its comprehensive plan:

(a) In which open space, the natural landscape, and vegetation predominate over the built environment;

(b) That foster traditional rural lifestyles, rural-based economies, and opportunities to both live and work in rural areas;

(d) That are compatible with the use of the land by wildlife and for fish and wildlife habitat;

(e) That reduce the inappropriate conversion of undeveloped land into sprawling, low-density development;

(f) That generally do not require the extension of urban governmental services; and

(g) That are consistent with the protection of natural surface water flows and groundwater and surface water recharge and discharge areas.

(40) "Rural development" refers to development outside the urban growth area and outside agricultural, forest, and mineral resource lands designated pursuant to RCW 36.70A.170. Rural development can consist of a variety of uses and residential densities, including clustered residential development, at levels that are consistent with the preservation of rural character and the requirements of the rural element. Rural development does not refer to agriculture or forestry activities that may be conducted in rural areas.

(41) "Rural governmental services" or "rural services" include those public services and public facilities historically and typically delivered at an intensity usually found in rural areas, and may include domestic water systems, fire and police protection services, transportation and public transit services, and other public utilities associated with rural development and normally not associated with urban areas. Rural services do not include storm or sanitary sewers, except as otherwise authorized by RCW 36.70A.110(4).

(42) "Single-family zones" means those zones where single-family detached housing is the predominant land use.

(43) "Stacked flat" means dwelling units in a residential building of no more than three stories on a residential zoned lot in which each floor may be separately rented or owned.

(44) "Townhouses" means buildings that contain three or more attached single-family dwelling units that extend from foundation to roof and that have a yard or public way on not less than two sides.

(45) "Transportation system" means all infrastructure and services for all forms of transportation within a geographical area, irrespective of the responsible jurisdiction or transportation provider.

(46) "Urban governmental services" or "urban services" include those public services and public facilities at an intensity historically and typically provided in cities, specifically including storm and sanitary sewer systems, domestic water systems, street cleaning services, fire and police protection services, public transit services, and other public utilities associated with urban areas and normally not associated with rural areas.

(47) "Urban growth" refers to growth that makes intensive use of land for the location of buildings, structures, and impermeable surfaces to such a degree as to be incompatible with the primary use of land for the production of food, other agricultural products, or fiber, or the extraction of mineral resources rural uses, rural development, and natural resource lands designated pursuant to RCW 36.70A.170. A pattern of more intensive rural development, as provided in RCW 36.70A.170 (1)(d), is not urban growth. When allowed to spread over wide areas, urban growth typically requires urban governmental services. "Characterized by urban growth" refers to land having urban growth located on it, or to land located in relationship to an area with urban growth on it as to be appropriate for urban growth.

(48) "Urban growth areas" means those areas designated by a county pursuant to RCW 36.70A.110.

(49) "Very low-income household" means a single person, family, or unrelated persons living together whose adjusted income is at or below 50 percent of the median household income adjusted for household size, for the county where the household is located, as reported by the United States Department of Housing and Urban Development.

(50)(a) "Vulnerable populations" means population groups that are more likely to be at higher risk for poor health outcomes in response to environmental harms, due to:

(i) Adverse socioeconomic factors, such as unemployment, high housing and transportation costs relative to income, limited access to nutritious food and adequate health care, linguistic isolation, and other factors that negatively affect health outcomes and increase vulnerability to the effects of environmental harms; and

(ii) Sensitivity factors, such as low birth weight and higher rates of hospitalization.

(b) "Vulnerable populations" includes, but is not limited to:

(i) Racial or ethnic minorities;

(ii) Low-income populations; and

(iii) Populations disproportionately impacted by environmental harms.

(51) "Wetland" or "wetlands" means areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from nonwetland areas created to mitigate conversion of wetlands.

(52) "Wildland urban interface" means the geographical area where structures and other human development meets or intermingles with wildland vegetative fuels.

| * | RCW 84.33.100 through 84.33.118 were repealed or decodified by 2001 c 249 §§ 15 and 16. RCW 84.33.120 was repealed by 2001 c 249 § 16 and by 2003 c 170 § 7. | | --- | --- |

History

Statutory Authority: RCW 36.70A.190 (4)(b), 36.70A.096, and 36.70A.190(8). WSR 26-01-181, s 365-196-200, filed 12/23/25, effective 1/23/26. Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 25-17-058, s 365-196-200, filed 8/15/25, effective 9/15/25
WSR 17-20-100, § 365-196-200, filed 10/4/17, effective 11/4/17
WSR 15-04-039, § 365-196-200, filed 1/27/15, effective 2/27/15
WSR 10-03-085, § 365-196-200, filed 1/19/10, effective 2/19/10.

Wash. Admin. Code § 365-196-210 Definitions of terms as used in this chapter.

The following are definitions which are not defined in RCW 36.70A.030 but are defined here for purposes of the procedural criteria.

(1) "Achieved density" means the density at which new development occurred in the planning period preceding the analysis required in either RCW 36.70A.130(3) or 36.70A.215.

(2) "Act" means the Growth Management Act, as enacted in chapter 17, Laws of 1990 1st ex. sess., and chapter 32, Laws of 1991 sp. sess., state of Washington as amended. The act is codified primarily in chapter 36.70A RCW.

(3) "Adequate provisions" in the context of RCW 36.70A.070 (2)(d) means adopting plans, policies, programs, regulations, and incentives to accommodate and encourage housing affordable to each economic segment of the county or city, and documenting programs and actions needed to overcome barriers and limitations to achieve housing availability.

(4) "Adequate public facilities" means facilities which have the capacity to serve development without decreasing levels of service below locally established minimums.

(5) "All economic segments" means, at a minimum, low, very low, extremely low, and moderate-income household segments, and those who occupy emergency housing, emergency shelters, and permanent supportive housing.

(6) "Allowed densities" means the density, expressed in dwelling units per acre, units per lot, or other measure of intensity allowed under a county's or city's development regulations when considering the combined effects of all applicable development regulations.

(7) "Assumed densities" means the density at which future development is expected to occur as specified in the land capacity analysis or the future land use element. Assumed densities are also referred to in RCW 36.70A.110 as densities sufficient to permit the urban growth that is projected to occur.

(8) "Carbon wedge analysis" is an analysis that provides a cumulative view of potential greenhouse gas emissions reductions for a jurisdiction. Each wedge depicts potential emissions reductions from climate mitigation strategies by emissions sector such as transportation, built environment, or industry.

(9) "Climate measure" means a goal or policy that can increase resilience to climate change impacts or reduce greenhouse gas emissions or does both.

(10) "Climate resilience" has the same meaning as defined in RCW 70A.65.010. Resiliency and resilience have the same meaning and have been used interchangeably in this chapter.

(11) "Climate sector" means categories of natural resources or community assets (such as physical buildings, infrastructure, and historic places) that can be impacted by or contribute to climate change. The following climate sectors are referred to in this chapter:

(a) Agriculture and food systems includes food production and distribution, including processing in industrial areas and community gardens in urban areas;

(b) Built environment and energy includes power generation and transmission, renewable energy production, and energy and material consumption in buildings and the built environment; this excludes transportation infrastructure;

(d) Economic development includes business continuity and opportunities;

(e) Ecosystems includes terrestrial and aquatic species, critical areas, and ecosystem services;

(f) Emergency management includes emergency mitigation, preparedness, response, and recovery;

(g) Health and well-being includes public health and community well-being;

(h) Transportation includes transportation modes and infrastructure (such as vehicles, roads, bridges, sidewalks, bike lanes);

(i) Waste management includes materials recycling and disposal;

(j) Water resources includes water quality and quantity; and

(k) Zoning includes regulations for the land that is designated into areas (or zones), each with specific rules defining what types of development (for example, residential, commercial, and industrial) are permitted within that zone, regulating how each parcel of land can be used and the design of the structures built on each parcel (for example, regulations describing height, bulk, use, and density).

(12) "Concurrency" or "concurrent with development" means that adequate public facilities are available when the impacts of development occur, or within a specified time thereafter. This definition includes the concept of "adequate public facilities" as defined above.

(13) "Consistency" means that no feature of a plan or regulation is incompatible with any other feature of a plan or regulation. Consistency is indicative of a capacity for orderly integration or operation with other elements in a system.

(14) "Contiguous development" means development of areas immediately adjacent to one another.

(15) "Coordination" means consultation and cooperation among counties and cities.

(16) "Cultural resources" is a term used interchangeably with "lands, sites, and structures, which have historical or archaeological and traditional cultural significance."

(17) "Demand management strategies" or "transportation demand management strategies" means strategies designed to change travel behavior to make more efficient use of existing facilities to meet travel demand. Examples of demand management strategies can include strategies that:

(a) Shift demand outside of the peak travel time;

(b) Shift demand to other modes of transportation;

(d) Decrease the length of trips; and

(e) Avoid the need for vehicle trips.

(18) "Displacement" in the context of RCW 36.70A.070 means the process by which a household is forced to move from its community because of conditions beyond its control.

(19) "Displacement risk" means the likelihood that a household will be forced to move from its community.

(20) "Domestic water system" means any system providing a supply of potable water which is deemed adequate pursuant to RCW 19.27.097 for the intended use of a development.

(21) "Ecosystem functions" are the products, physical and biological conditions, and environmental qualities of an ecosystem that result from interactions among ecosystem processes and ecosystem structures. Ecosystem functions include, but are not limited to, sequestered carbon, attenuated peak streamflows, aquifer water level, reduced pollutant concentrations in surface and groundwaters, cool summer in-stream water temperatures, and fish and wildlife habitats.

(22) "Ecosystem values" are the cultural, social, economic, and ecological benefits attributed to ecosystem functions.

(23) "Essential public facilities" 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, regional transit authority facilities as defined in RCW 81.112.020, state and local correctional facilities, solid waste handling facilities, opioid treatment programs including both mobile and fixed-site medication units, recovery residences, harm reduction programs excluding safe injection sites, and inpatient facilities including substance use disorder treatment facilities, mental health facilities, group homes, community facilities as defined in RCW 72.05.020, and secure community transition facilities as defined in RCW 71.09.020.

(24) "Exclusion" means the act or effect of shutting or keeping certain populations out of a specified area, in a manner that may be intentional or unintentional.

(25) "Family day-care provider" is defined in RCW 43.215.010. It is a person who regularly provides child care and early learning services for not more than 12 children. Children include both the provider's children, close relatives and other children irrespective of whether the provider gets paid to care for them. They provide their services in the family living quarters of the day care provider's home.

(26) "Financial commitment" means that sources of public or private funds or combinations thereof have been identified which will be sufficient to finance public facilities necessary to support development and that there is reasonable assurance that such funds will be timely put to that end.

(27) "Greenhouse gas" and "greenhouse gases" have the same meaning as defined in RCW 70A.45.010.

(28) "Growth Management Act" - See definition of "act."

(29) "Historic preservation" or "preservation" is defined in the National Historic Preservation Act of 1966, as identification, evaluation, recordation, documentation, curation, acquisition, protection, management, rehabilitation, restoration, stabilization, maintenance, research, interpretation, conservation, and education and training regarding the foregoing activities or any combination of the foregoing activities.

(30) "Lands, sites, and structures, that have historical, archaeological, or traditional cultural significance" are the tangible and material evidence of the human past, aged 50 years or older, and include archaeological sites, historic buildings and structures, districts, landscapes, and objects.

(31) "Level of service" means an established minimum capacity of public facilities or services that must be provided per unit of demand or other appropriate measure of need. Level of service standards are synonymous with locally established minimum standards.

(32) "Local government" means a county, city, or town.

(33) "May," as used in this chapter, indicates an option counties and cities can take at their discretion.

(34) "Mitigation" or "mitigation sequencing" means a prescribed order of steps taken to reduce the impacts of activities on critical areas. As defined in WAC 197-11-768, mitigation means:

(a) Avoiding the impact altogether by not taking a certain action or parts of an action;

(b) Minimizing impacts by limiting the degree or magnitude of the action and its implementation, by using appropriate technology, or by taking affirmative steps to avoid or reduce impacts;

(d) Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action;

(e) Compensating for the impact by replacing, enhancing, or providing substitute resources or environments; and/or

(f) Monitoring the impact and taking appropriate corrective measures.

(35) "Multimodal safety benefits" means benefits derived from roadway designs and operations that reduce the potential for serious crash-related injuries or deaths for people using every mode of transportation. Such design and operational approaches explicitly consider and manage the movements, speeds and conflicts between each of those transportation users to reduce the exposure, likelihood, and severity of crashes.

(36) "Multimodal transportation" means systems that facilitate the movement of people and goods through a combination of infrastructure and services for walking, biking, riding public transit and ferries, driving, and making connections to rail and aviation. These systems should provide safe, well-connected mobility options for all, including those who cannot and do not drive.

(37) "Must," as used in this chapter, indicates a requirement for compliance with the act. It has the same meaning within this chapter as "shall."

(38) "Net-zero" refers to a state in which a local jurisdiction's greenhouse gases going into the atmosphere are reduced to near-zero, or 95 percent below baseline levels by 2050, and the remaining greenhouse gases that cannot be eliminated are mitigated with carbon dioxide sequestration to bring total net emissions to zero.

(39) "New fully contained community" is a development proposed for location outside of the existing designated urban growth areas which is characterized by urban densities, uses, and services, and meets the criteria of RCW 36.70A.350.

(40) "Open space" has the same meaning as "open space land" defined in RCW 84.34.020.

(41) "Planning period" means the 20-year period starting on the relevant due date for the most recent periodic update specified in RCW 36.70A.130(5).

(42) "Public benefit," as referenced in RCW 39.33.015, means affordable housing, which can be rental housing or permanently affordable homeownership for low, very low, and extremely low-income households, and related facilities that support the goals of affordable housing development in providing economic and social stability for low-income persons.

(43) "Public service obligations" means obligations imposed by law on utilities to furnish facilities and supply service to all who may apply for and be reasonably entitled to service.

(44) "Racially disparate impacts" means disproportionate impacts on one or more racial groups as a result of policies, practices, rules, or other systems.

(45) "Regional transportation plan" means the transportation plan for the regionally designated transportation system which is produced by the regional transportation planning organization.

(46) "Regional transportation planning organization (RTPO)" means the voluntary organization conforming to RCW 47.80.020, consisting of counties and cities within a region containing one or more counties which have common transportation interests.

(47) "Rural lands" means all lands which are not within an urban growth area and are not designated as natural resource lands having long-term commercial significance for production of agricultural products, timber, or the extraction of minerals.

(48) "Sanitary sewer systems" means all facilities, including approved on-site disposal facilities, used in the collection, transmission, storage, treatment, or discharge of any waterborne waste, whether domestic in origin or a combination of domestic, commercial, or industrial waste. On-site disposal facilities are only considered sanitary sewer systems if they are designed to serve urban densities.

(49) "Shall," as used in this chapter, indicates a requirement for compliance with the act. It has the same meaning within this chapter as "must."

(50) "Should," as used in this chapter, indicates the advice of the department, but does not indicate a requirement for compliance with the act.

(51) "Solid waste handling facility" means any facility for the transfer or ultimate disposal of solid waste, including land fills and municipal incinerators.

(52) "Sufficient land capacity for development" means that the comprehensive plan and development regulations provide for the capacity necessary to accommodate all the growth in population and employment that is allocated to that jurisdiction through the process outlined in the countywide planning policies.

(53) "Surplus public property" means excess real property that is not required for the needs of or the discharge of the responsibilities of the state agency, municipality, or political subdivision. Note that RCW 39.33.015 applies a specific definition for affordable housing in the context of surplus public property.

(54) "Transitional housing" means a project that provides housing to homeless persons or families for up to two years, or longer, and that has as its purpose facilitating the movement of homeless persons and families into permanent housing.

(55) "Transportation facilities" includes capital facilities related to air, water, or land transportation.

(56) "Transportation level of service standards" means a measure which describes the operational condition of the travel stream and acceptable adequacy requirements. Such standards may be expressed in terms such as speed and travel time, freedom to maneuver, traffic interruptions, comfort, convenience, geographic accessibility, and safety.

(57) "Transportation system management" means the use of low cost solutions to increase the performance of the transportation system. Transportation system management (TSM) strategies include, but are not limited to, signalization, channelization, ramp metering, incident response programs, and bus turn-outs.

(58) "Utilities" or "public utilities" means enterprises or facilities serving the public by means of an integrated system of collection, transmission, distribution, and processing facilities through more or less permanent physical connections between the plant of the serving entity and the premises of the customer. Included are systems for the delivery of natural gas, electricity, telecommunications services, and water, and for the disposal of sewage.

(59) "Visioning" means a process of citizen involvement to determine values and ideals for the future of a community and to transform those values and ideals into manageable and feasible community goals.

History

Statutory Authority: RCW 36.70A.190 (4)(b), 36.70A.096, and 36.70A.190(8). WSR 26-01-181, s 365-196-210, filed 12/23/25, effective 1/23/26. Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 25-17-058, s 365-196-210, filed 8/15/25, effective 9/15/25
WSR 23-08-037, § 365-196-210, filed 3/29/23, effective 4/29/23
WSR 10-03-085, § 365-196-210, filed 1/19/10, effective 2/19/10.

Wash. Admin. Code § 365-196-300 Urban density.

(1) The role of urban areas in the act. The act requires counties and cities to direct new growth to urban areas to allow for more efficient and predictable provision of adequate public facilities, to promote an orderly transition of governance for urban areas, to reduce development pressure on rural and resource lands, and to encourage redevelopment of existing urban areas.

(2) How the urban density requirements in the act are interrelated. The act involves a consideration of density in three contexts:

(a) Allowed densities: The density, expressed in dwelling units per acre, units per lot, or other measure of intensity, allowed under a county's or city's development regulations when considering the combined effects of all applicable development regulations.

(b) Assumed densities: The density at which future development is expected to occur as specified in the land capacity analysis or the future land use element. Assumed densities are also referred to in RCW 36.70A.110 as densities sufficient to permit the urban growth that is projected to occur.

(c) Achieved density: The density at which new development occurred in the period preceding the analysis required in either RCW 36.70A.130(3) or 36.70A.215.

(3) Determining the appropriate range of urban densities. Within urban growth areas, counties and cities must permit urban densities and provide sufficient land capacity suitable for development. The requirements of RCW 36.70A.110 and 36.70A.115 apply to the densities assumed in the comprehensive plan and the densities allowed in the implementing development regulations.

(a) Comprehensive plans. Under RCW 36.70A.070(1) and in RCW 36.70A.110(2), the act requires that the land use element identify areas and assumed densities sufficient to accommodate the 20-year allocation of population and countywide housing needs by economic segment. The land use element should clearly identify the densities, or range of densities, assumed for each land use designation as shown on the future land use map. When reviewing the urban growth area, the assumed densities in the land capacity analysis must be urban densities.

(b) Development regulations. Counties and cities must provide sufficient capacity of land suitable for development.

(i) Development regulations must allow development at the densities assumed in the comprehensive plan.

(ii) Counties and cities need not force redevelopment in urban areas not currently developed at urban densities, but the development regulations must allow, and should not discourage redevelopment at urban densities. If development patterns are not occurring at urban densities, counties and cities should review development regulations for potential barriers or disincentives to development at urban densities. Counties and cities should revise regulations to remove any identified barriers and disincentives to urban densities, and may include incentives.

(4) Factors to consider for establishing urban densities. The act does not establish a uniform standard for minimum urban density. Counties and cities may establish a specified minimum density in countywide or multicounty planning policies. Counties and cities should consider the following factors when determining an appropriate range of urban densities:

(a) An urban density is a density for which cost-effective urban services can be provided. Higher densities generally lower the per capita cost to provide urban governmental services.

(b) Densities should be higher in areas with a high local transit level of service. Generally, a minimum of seven to eight dwelling units per acre is necessary to support local urban transit service. Higher densities are preferred around high capacity transit stations.

(c) The areas and densities within an urban growth area must be sufficient to accommodate the portion of the 20-year population and housing needs by economic segment that is allocated to the urban area. Urban densities should allow accommodation of the population allocated within the area that can be provided with adequate public facilities during the planning period.

(d) Counties and cities should establish significantly higher densities within regional growth centers designated in RCW 47.80.030; in growth and transportation efficiency centers designated under RCW 70.94.528; and around high capacity transit stations in accordance with RCW 47.80.026. Cities may also designate new or existing downtown centers, neighborhood centers, or identified transit corridors as focus areas for infill and redevelopment at higher densities.

(e) Densities should allow counties and cities to accommodate new growth predominantly in existing urban areas and reduce reliance on either continued expansion of the urban growth area, or directing significant amounts of new growth to rural areas.

(f) The densities chosen should accommodate a variety of housing types and sizes to meet the needs of all economic segments of the county or city. The amount and type of housing accommodated at each density and in each land use designation should be consistent with the allocation of countywide housing needs by economic segment and the various housing types and densities necessary to provide housing for those economic segments as identified in the housing element of the comprehensive plan.

(g) Counties and cities may designate some urban areas at less than urban densities to protect a network of critical areas, to avoid further development in frequently flooded areas, or to prevent further development in geologically hazardous areas. Counties or cities should show that the critical areas are present in the area so designated and that area designated is limited to the area necessary to achieve these purposes.

(5) Addressing development patterns that occurred prior to the act.

(a) Prior to the passage of the act, many areas within the state developed at densities that are neither urban nor rural. Inside the urban growth area, local comprehensive plans should allow appropriate redevelopment of these areas. Newly developed areas inside the urban growth area should be developed at urban densities.

(b) Local capital facilities plans should include plans to provide existing urban areas with adequate public facilities during the planning period so that available infrastructure does not serve as a limiting factor to redevelopment at urban densities.

History

Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 25-17-058, s 365-196-300, filed 8/15/25, effective 9/15/25
WSR 23-08-037, § 365-196-300, filed 3/29/23, effective 4/29/23
WSR 10-03-085, § 365-196-300, filed 1/19/10, effective 2/19/10.

Wash. Admin. Code § 365-196-305 Countywide planning policies.

(1) Purpose of countywide planning policies. The act requires counties and cities to collaboratively develop countywide planning policies to govern the development of comprehensive plans. The primary purpose of countywide planning policies is to ensure consistency between the comprehensive plans of counties and cities sharing a common border or related regional issues. Another purpose of countywide planning policies is to facilitate the transformation of local governance in the urban growth area, typically through annexation to or incorporation of a city, so that urban governmental services are primarily provided by cities and rural and regional services are provided by counties.

(2) Relationship to the act. Countywide planning policies must comply with the requirements of the act. Countywide planning policies may not compel counties and cities to take action that violates the act. Countywide planning policies may not permit actions that the act prohibits nor include exceptions to such prohibitions not contained in the act. If a countywide planning policy can be implemented in a way that is consistent with the act, then it is consistent with the act, even if its subsequent implementation is found to be out of compliance. RCW 36.70A.210(4) requires state agencies to comply with countywide planning policies.

(3) Relationship to comprehensive plans. The comprehensive plans of counties and cities must comply with both the countywide planning policies and the act. Any requirements in a countywide planning policy do not replace requirements in the act or any other state or federal law or regulation.

(4) Required policies. Consistent with RCW 36.70A.210(3) and 36.70A.215, countywide planning policies must cover the following subjects:

(a) Policies to implement RCW 36.70A.110, including:

(i) Designation of urban growth areas;

(ii) Selection of population projections, employment forecasts, and growth allocations between counties and cities as part of the review of an urban growth area;

(iii) Allocation of housing needs by economic segment between counties and cities and the factors to guide their distribution, such as proximity to jobs, transit, and supportive services, consistent with WAC 365-196-410 (2)(c)(ii) and (iii) and projections of housing need provided by the department;

(iv) Procedures governing amendments to urban growth areas, including the review required by RCW 36.70A.130(3);

(v) Consultation between counties and cities regarding urban growth areas; and

(vi) If desired, policies governing the establishment of urban service boundaries or potential annexation areas.

(b) Promoting contiguous and orderly development and provision of urban services to such development;

(c) Siting public facilities of a countywide or statewide nature, including transportation facilities of statewide significance;

(d) Countywide transportation facilities and strategies;

(e) The need for affordable housing such as housing for all economic segments of the population and parameters for its distribution;

(f) Joint city/county planning in urban growth areas;

(g) Countywide economic development and employment;

(h) An analysis of fiscal impact; and

(i) Where applicable, policies governing the buildable lands review and evaluation program.

(5) Recommended policies. Countywide planning policies should also include policies addressing the following:

(a) Procedures by which the countywide planning policies will be reviewed and amended; and

(b) A process for resolving disputes regarding interpretation of countywide planning policies or disputes regarding implementation of the countywide planning policies.

(6) Framework for adoption of countywide planning policies. Prior to adopting countywide planning policies, counties and cities must develop a framework. This framework should be in written form and agreed to by the county and the cities within those counties. The framework may be in a memorandum of understanding, an intergovernmental agreement, or as a section of the countywide planning policies. This framework must include the following provisions:

(a) Desired policies;

(b) Deadlines;

(d) Financing, if any, of all activities associated with developing and adopting the countywide planning policies.

(7) Forum for ongoing coordination. Counties and cities should establish a method for ongoing coordination of issues associated with implementation of the countywide planning policies and comprehensive plans, which should include both a forum for county and city elected officials and a forum for county and city staff responsible for implementation. These forums may also include special purpose districts, transit districts, port districts, federal agencies and state agencies. Jurisdictions must invite federally recognized Indian tribal government to participate in these forums, or provide a parallel process for collaboration and participation for tribal government in the regional planning process.

(8) Ongoing review recommended. Counties and cities should review adopted countywide policies to determine whether they are effectively achieving their objectives.

(9) Multicounty planning policies.

(a) Multicounty planning policies must be adopted by two or more counties, each with a population of 450,000 or more, with contiguous urban areas. They may also be adopted by other counties by a process agreed to among the counties and cities within the affected counties.

(b) Multicounty planning policies are adopted by two or more counties and establish a common region-wide framework that ensures consistency among county and city comprehensive plans adopted pursuant to RCW 36.70A.070, and countywide planning policies adopted pursuant to RCW 36.70A.210.

(c) Multicounty planning policies provide a framework for regional plans developed within a multicounty region, including regional transportation plans established under RCW 47.80.023, as well as plans of cities, counties, and others that have common borders or related regional issues as required under RCW 36.70A.100.

(d) Multicounty planning policies should address, at a minimum, the same topics identified for countywide planning as identified in RCW 36.70A.210(3), except for those responsibilities assigned exclusively to counties. Other issues may also be addressed.

(e) Because of the regional nature of multicounty planning policies, counties or cities should use an existing regional agency with the same or similar geographic area, such as a regional transportation planning organization, pursuant to RCW 47.80.020, to develop, adopt, and administer multicounty planning policies.

(f) In order to provide an ongoing multicounty framework, a schedule for reviewing and revising the multicounty planning policies may be established. This schedule should relate to the review and revision deadlines for county and city comprehensive plans pursuant to RCW 36.70A.130.

(10) Tribal coordination.

(a) Counties must invite federally recognized tribes whose reservation or ceded land lie within the county to participate in developing countywide planning policies as provided in RCW 36.70A.210.

(b) Counties must develop policies for the protection of tribal cultural resources in collaboration with federally recognized tribes, provided that they choose to participate as provided in RCW 36.70A.210.

(c) Local jurisdictions must work with tribes to coordinate urban growth. At the earliest possible date prior to the revision of an urban growth area authorized under RCW 36.70A.110(8), the county must engage in meaningful consultation with any federally recognized Indian tribe that may be potentially affected by the proposed revision. Meaningful consultation must include discussion of the potential impacts to cultural resources and tribal treaty rights. A county must notify the affected federally recognized Indian tribe of the proposed revision using at least two methods, including by mail. Upon receiving a notice, the federally recognized Indian tribe may request a consultation to determine whether an agreement can be reached related to the revision of an urban growth area. If an agreement is not reached, the parties must enter mediation pursuant to RCW 36.70A.040.

History

Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 25-17-058, s 365-196-305, filed 8/15/25, effective 9/15/25
WSR 23-08-037, § 365-196-305, filed 3/29/23, effective 4/29/23
WSR 10-03-085, § 365-196-305, filed 1/19/10, effective 2/19/10.

Wash. Admin. Code § 365-196-310 Urban growth areas.

(1) Requirements.

(a) Each county planning under the act must designate an urban growth area or areas within which urban growth must be encouraged and outside of which growth can occur only if it is not urban in nature. Each county must designate an urban growth area in its comprehensive plan.

(b) Each city that is located in such a county shall be included within an urban growth area. An urban growth area may include more than a single city.

(c) An urban growth area may include territory that is located outside a city if such territory already is characterized by urban growth or is adjacent to territory already characterized by urban growth.

(d) Based upon the growth management planning population projection selected by the county from within the range provided by the office of financial management, and the resulting allocations of housing need, and based on a countywide employment forecast developed by the county at its discretion, the urban growth areas shall include areas and densities sufficient to permit the urban growth that is projected to occur in the county for the succeeding 20-year period. Counties and cities may provide the office of financial management with information they deem relevant to prepare the population projections, and the office shall consider and comment on such information and review projections with counties and cities before they are adopted. Counties and cities may petition the office to revise projections they believe will not reflect actual population growth.

(e) The combined urban growth area may not exceed the areas necessary to accommodate the growth management planning projections, plus a reasonable land market supply factor, or market factor. In determining this market factor, counties and cities may consider local circumstances. Counties and cities have discretion in their comprehensive plans to make many choices about accommodating growth. Each urban growth area shall permit urban densities and shall include greenbelt and open space areas.

(f) Counties and cities should facilitate urban growth within urban growth areas as follows:

(i) Urban growth should be located first in areas already characterized by urban growth that have existing public facilities and service capacities adequate to serve urban development.

(ii) Second, urban growth should be located in areas already characterized by urban growth that will be served by a combination of both existing public facilities and services and any additional needed public facilities and services that are provided by either public or private sources.

(iii) Third, urban growth should be located in the remaining portions of the urban growth area.

(g) In general, cities are the units of local government most appropriate to provide urban governmental services. In general, it is not appropriate that urban governmental services be extended to or expanded in rural areas except in those limited circumstances shown to be necessary to protect basic public health and safety and the environment and when such services are financially supportable at rural densities and do not permit urban development. Recommendations governing the extension of urban services into rural areas are found in WAC 365-196-425.

(h) Each county that designates urban growth areas must review, according to the time schedule specified in RCW 36.70A.130(5), periodically its designated urban growth areas, the patterns of development, and the densities permitted within both the incorporated and unincorporated portions of each urban growth area (see WAC 365-196-610).

(2) General procedure for initial designation of new urban growth areas.

(a) The designation process shall include consultation by the county with each city located within its boundaries. The adoption, review and amendment of the urban growth area should reflect a cooperative effort among jurisdictions to accomplish the requirements of the act on a regional basis, consistent with the countywide planning policies and, where applicable, multicounty planning policies.

(b) Each city shall propose the location of an urban growth area.

(c) The county shall attempt to reach agreement with each city on the location of an urban growth area within which the city is located.

(d) If an agreement is not reached with each city located within the urban growth area, the county shall justify in writing why it so designated an urban growth area.

(e) As growth occurs, most lands within the urban growth area should ultimately be provided with urban governmental services by cities, either directly or by contract. Other service providers are appropriate within urban growth areas for regional or countywide services, or for isolated unincorporated pockets characterized by urban growth. Counties and cities should provide for development phasing within each urban growth area to ensure the orderly sequencing of development and that services are provided as growth occurs.

(f) Counties and cities should develop and evaluate urban growth area proposals with the purpose of accommodating projected urban growth through infill and redevelopment within existing municipal boundaries or urban areas. In some cases, expansion will be the logical response to projected urban growth.

(g) Counties, cities, and other municipalities, where appropriate, should negotiate interlocal agreements to coordinate land use management with the provision of adequate public facilities to the urban growth area. Such agreements should facilitate urban growth in a manner consistent with the cities' comprehensive plans and development regulations, and should facilitate a general transformation of governance over time, through annexation or incorporation, and transfer of nonregional public services to cities as the urban area develops.

(h) The initial effective date of an action that expands an urban growth area is the latest of the following dates per RCW 36.70A.067:

(i) Sixty days after the publication of notice of adoption of the comprehensive plan, development regulation, or amendment to the plan or regulation, implementing the action, as provided under RCW 36.70A.290(2); or

(ii) If a petition for review to the growth management hearings board is timely filed, upon issuance of the board's final order.

(3) Urban growth area swaps.

(a) An urban growth area swap refers to the process by which a county may change an urban growth area even if it is determined that an urban growth area expansion is not required to accommodate 20-year growth projections. This may be done during county's periodic update under RCW 36.70A.130 (3)(c), or as an annual amendment under RCW 36.70A.110(8).

(b) If, during the county's periodic update review under RCW 36.70A.130 (3)(c), the county determines expansion of the urban growth area is not required to accommodate the urban growth projected to occur in the county for the succeeding 20-year period, but does determine that patterns of development have created pressure in areas that exceed available, developable lands within the urban growth area, the urban growth area or areas may be revised to accommodate identified patterns of development and likely future development pressure for the succeeding 20-year period if the following requirements are met:

(i) The revised urban growth area may not result in an increase in the total surface areas of the urban growth area or areas;

(ii) The areas added to the urban growth area are not or have not been designated as agricultural, forest, or mineral resource lands of long-term commercial significance;

(iii) Less than 15 percent of the areas added to the urban growth area are critical areas;

(iv) The areas added to the urban growth areas are suitable for urban growth;

(v) The transportation element and capital facility plan element have identified the transportation facilities, and public facilities and services needed to serve the urban growth area and the funding to provide the transportation facilities and public facilities and services;

(vi) The total area of all urban growth areas in the county is not larger than needed to accommodate the growth planned for the succeeding 20-year planning period and a reasonable land market supply factor;

(vii) The areas removed from the urban growth area do not include urban growth or urban densities; and

(viii) The revised urban growth area is contiguous, does not include holes or gaps, and will not increase pressures to urbanize rural or natural resource lands.

(c) If considering an urban growth area swap as an annual amendment under RCW 36.70A.110(8), the following requirements must be met before a revision of the urban growth area is allowed:

(i) The revised urban growth area would not result in a net increase in the total acreage or development capacity of the urban growth area or areas;

(ii) The areas added to the urban growth area are not designated by the county as agricultural, forest, or mineral resource lands of long-term commercial significance;

(iii) If the areas added to the urban growth area have previously been designated as agricultural, forest, or mineral resource lands of long-term commercial significance, either an equivalent amount of agricultural, forest, or mineral resource lands of long-term commercial significance must be added to the area outside of the urban growth area, or the county must wait a minimum of two years before another swap may occur;

(iv) Less than 15 percent of the areas added to the urban growth area are critical areas other than critical aquifer recharge areas. Critical aquifer recharge areas must have been previously designated by the county and be maintained per county development regulations within the expanded urban growth area and the revised urban growth area must not result in a net increase in critical aquifer recharge areas within the urban growth area;

(v) The areas added to the urban growth areas are suitable for urban growth;

(vi) The transportation element and capital facility plan element of the county's comprehensive plan have identified the transportation facilities and public facilities and services needed to serve the urban growth area and the funding to provide the transportation facilities and public facilities and services;

(vii) The areas removed from the urban growth area are not characterized by urban growth or urban densities;

(viii) The revised urban growth area is contiguous, does not include holes or gaps, and will not increase pressures to urbanize rural or natural resource lands;

(ix) The county's proposed urban growth area revision has been reviewed according to the process and procedure in the countywide planning policies adopted and approved according to RCW 36.70A.210; and

(x) The revised urban growth area meets all other requirements of RCW 36.70A.110(8).

(4) Urban growth areas and 100-year floodplains.

(a) Except as provided in (b) of this subsection, counties and cities may not expand the urban growth area into the 100-year floodplain of any river or river segment that:

(i) Is located west of the crest of the Cascade mountains; and

(ii) Has a mean annual flow of 1,000 or more cubic feet per second as determined by the department of ecology.

(b) Subsection (4)(a) of this section does not apply to:

(i) Urban growth areas that are fully contained within a floodplain and lack adjacent buildable areas outside the floodplain;

(ii) Urban growth areas where expansions are precluded outside floodplains because:

(A) Urban governmental services cannot be physically provided to serve areas outside the floodplain; or

(B) Expansions outside the floodplain would require a river or estuary crossing to access the expansion; or

(iii) Urban growth area expansions where:

(A) Public facilities already exist within the floodplain and the expansion of an existing public facility is only possible on the land to be included in the urban growth area and located within the floodplain;

(B) Urban development already exists within a floodplain as of July 26, 2009, and is adjacent to, but outside of, the urban growth area, and the expansion of the urban growth area is necessary to include such urban development within the urban growth area; or

(C) The land is owned by a jurisdiction planning under this chapter or the rights to the development of the land have been permanently extinguished, and the following criteria are met:

(I) The permissible use of the land is limited to one of the following: Outdoor recreation; environmentally beneficial projects including, but not limited to, habitat enhancement or environmental restoration; stormwater facilities; flood control facilities; or underground conveyances; and

(II) The development and use of such facilities or projects will not decrease flood storage, increase stormwater runoff, discharge pollutants to fresh or salt waters during normal operations or floods, or increase hazards to people and property.

(c) Under this subsection (4), "100-year floodplain" means the same as "special flood hazard area" as set forth in WAC 173-158-040 as it exists on July 26, 2009.

(5) Recommendations for meeting requirements.

(a) Selecting and allocating countywide growth forecasts. This process should involve at least the following:

(i) The total countywide population is the sum of the population allocated to each city; the population allocated to any portion of the urban growth area associated with cities; the population allocated to any portion of the urban growth area not associated with a city; and the population growth that is expected outside of the urban growth area. Counties and cities should use consistent growth forecasts, allocations, and planning horizons. The planning horizon should start on the relevant deadline specified in RCW 36.70A.130(5) and encompass 20 years.

(ii) RCW 43.62.035 directs the office of financial management to provide a reasonable range of high, medium and low 20-year population forecasts for each county in the state, with the medium forecast being most likely. Counties and cities must plan for a total countywide population that falls within the office of financial management range.

(iii) Consideration of other population forecast data, trends, and implications. In selecting population forecasts, counties and cities may consider the following:

(A) Population forecasts from outside agencies, such as regional or metropolitan planning agencies, and service providers.

(B) Historical growth trends and factors which would cause those trends to change in the future.

(I) Public facilities and service implications. Counties and cities should carefully consider how to finance the necessary facilities and should establish a phasing plan to ensure that development occurs at urban densities; occurs in a contiguous and orderly manner; and is linked with provision of adequate public facilities. These considerations are particularly important when considering forecasts closer to the high end of the range. Jurisdictions considering a population forecast closer to the low end of the range should closely monitor development and population growth trends to ensure actual growth does not begin to exceed the planned capacity.

(II) Overall land supplies. Counties and cities facing immediate physical or other land supply limitations may consider these limitations in selecting a forecast. Counties and cities that identify potential longer term land supply limitations should consider the extent to which current forecast options would require increased densities or slower growth in the future.

(III) Implications of short term updates. The act requires that 20-year growth forecasts and designated urban growth areas be updated at a minimum during the periodic review of comprehensive plans and development regulations (WAC 365-196-610). Counties and cities should consider the likely timing of future updates, and the opportunities this provides for adjustments.

(D) Counties and cities are not required to adopt forecasts for annual growth rates within the 20-year period, but may choose to for planning purposes. If used, annual growth projections may assume a consistent rate throughout the planning period, or may assume faster or slower than average growth in certain periods, as long as they result in total growth consistent with the 20-year forecasts selected.

(iv) Selection of a countywide employment forecast. Counties, in consultation with cities, should adopt a 20-year countywide employment forecast to be allocated among urban growth areas, cities, and the rural area. The following should be considered in this process:

(A) The countywide population forecast, and the resulting ratio of forecast jobs to persons. This ratio should be compared to past levels locally and other regions, and to desired policy objectives; and

(B) Economic trends and forecasts produced by outside agencies or private sources.

(v) Projections for commercial and industrial land needs. When establishing an urban growth area, counties should designate sufficient commercial and industrial land. Although no office of financial management forecasts are available for industrial or commercial land needs, counties and cities should use a countywide employment forecast, available data on the current and projected local and regional economies, and local demand for services driven by population growth. Counties and cities should consider establishing a countywide estimate of commercial and industrial land needs to ensure consistency of local plans.

Counties and cities should consider the need for industrial lands in the economic development element of their comprehensive plan. Counties and cities should avoid conversion of areas set aside for industrial uses to other incompatible uses, to ensure the availability of suitable sites for industrial development.

(vi) Selection of community growth goals with respect to population, commercial and industrial development and residential development.

(vii) Selection of the densities a county or city seeks to achieve in relation to its growth goals. Inside the urban growth areas, densities must be urban. Outside the urban growth areas, densities must be rural.

(b) Per subsection (1)(h) of this section and RCW 36.70A.130(5), each county that designates urban growth areas must review periodically its designated urban growth areas.

The purpose of the urban growth area review is to assess the capacity of the urban land to accommodate population growth projected for the succeeding 20-year planning period.

(i) This review should be conducted jointly with the affected cities.

(ii) In conjunction with this review by the county, each city located within an urban growth area shall review the densities permitted within its boundaries, and the extent to which the urban growth occurring within the county has located within each city and the unincorporated portions of the urban growth areas.

(c) Counties and cities must use the selected population projection identified in subsection (1)(d) of this section to determine the countywide projection of housing need by economic segment provided by the department as prescribed in RCW 36.70A.070 (2)(a). Counties and cities must determine the countywide projected housing need using data and methodology provided by the department. When allocating projected housing needs for each jurisdiction within a county, counties and cities should use the minimum standards described in WAC 365-196-410 (2)(c)(iii).

(d) General considerations for determining the need for urban growth areas expansions to accommodate projected population and employment growth.

(i) Estimation of the number of new persons and jobs to be accommodated based on the difference between the 20-year forecast and current population and employment.

(ii) Estimation of the capacity of current cities and urban growth areas to accommodate additional population and employment over the 20-year planning period. This should be based on a land capacity analysis, which may include the following:

(A) Identification of the amount of developable residential, commercial, and industrial land, based on inventories of currently undeveloped or partially developed urban lands.

(B) Identification of the appropriate amount of greenbelt and open space to be preserved or created in connection with the overall growth pattern and consistent with any adopted levels of service. See WAC 365-196-335 for additional information.

(C) Identification of the amount of developable urban land needed for the public facilities, public services, and utilities necessary to support the likely level of development. See WAC 365-196-320 for additional information.

(D) Based on allowed land use development densities and intensities, a projection of the additional urban population and employment growth that may occur on the available residential, commercial and industrial land base. The projection should consider the portion of population and employment growth which may occur through redevelopment of previously developed urban areas during the 20-year planning period.

(E) The land capacity analysis must be based on the assumption that growth will occur at urban densities inside the urban growth area and is consistent with the housing types specified in the analysis of housing need developed pursuant to RCW 36.70A.070(2). In formulating land capacity analyses, counties and cities should consider data on past development, zoning to meet minimum housing requirements, as well as factors which may cause trends to change in the future. For counties and cities subject to RCW 36.70A.215, information from associated buildable lands reports should be considered. If past development patterns have not resulted in urban densities, or have not resulted in a pattern of desired development, counties and cities should use assumptions aligned with desired future development patterns. Counties and cities should then implement strategies to better align future development patterns with those desired.

(F) The land capacity analysis may also include a reasonable land market supply factor, also referred to as the "market factor." The purpose of the market factor is to account for the estimated percentage of developable acres contained within an urban growth area that, due to fluctuating market forces, is likely to remain undeveloped over the course of the 20-year planning period. The market factor recognizes that not all developable land will be put to its maximum use because of owner preference, cost, stability, quality, and location. If establishing a market factor, counties and cities should establish an explicit market factor for the purposes of establishing the amount of needed land capacity. Counties and cities may consider local circumstances in determining an appropriate market factor. Counties and cities may also use a number derived from general information if local study data is not available.

(iii) An estimation of the additional growth capacity of rural and other lands outside of existing urban growth areas compared with future growth forecasted, and current urban and rural capacities.

(iv) If future growth forecasts exceed the current combined capacities of unincorporated county and city lands, counties and cities should first consider the potential of increasing capacity of existing urban areas through allowances for higher densities, or for additional provisions to encourage redevelopment. If counties and cities find that increasing the capacity of existing urban areas is not feasible or appropriate based on the evidence they examine, counties and cities may consider expansion of the urban growth area to meet the future growth forecast.

(e) Determining the appropriate locations of new or expanded urban growth area boundaries. This process should consider the following:

(i) Selection of appropriate densities. For all jurisdictions planning under the act, the urban growth area should represent the physical area where that jurisdiction's urban development vision can be realized over the next 20 years. The urban growth area should be based on densities which accommodate urban growth, served by adequate public facilities, discourage sprawl, and promote goals of the act. RCW 36.70A.110 requires that densities specified for land inside the urban growth area must be urban densities. See WAC 365-196-300 for recommendations on determining appropriate urban densities.

(ii) The county should attempt to define urban growth areas to accommodate the growth plans of the cities. Urban growth areas should be defined so as to facilitate the transformation of services and governance during the planning period. However, physical location or existing patterns of service make some unincorporated areas which are characterized by urban growth inappropriate for inclusion in any city's potential growth area.

(iii) Identifying the location of any new lands added to the urban growth area. Lands should be included in the urban growth area in the following priority order:

(A) Existing incorporated areas;

(B) Land that is already characterized by urban growth and has adequate public facilities and services;

(D) Lands adjacent to the above, but not meeting those criteria.

(iv) Designating industrial lands. Counties and cities should consult with local economic development organizations when identifying industrial lands to identify sites that are particularly well suited for industry, considering factors such as:

(A) Rail access;

(B) Highway access;

(D) Location along major electrical transmission lines;

(E) Location along pipelines;

(F) Location near or adjacent to ports and commercial navigation routes;

(G) Availability of needed infrastructure; or

(H) Absence of surrounding incompatible uses.

(v) Consideration of resource lands issues. Urban growth areas should not be expanded into designated agricultural, forest or resource lands unless no other option is available. Prior to expansion of the urban growth area, counties and cities must first review the natural resource lands designation and conclude the lands no longer meet the designation criteria for resource lands of long-term commercial significance. Designated agricultural or forest resource lands may not be located inside the urban growth area unless a county or city has enacted a program authorizing transfer or purchase of development rights.

(vi) Consideration of critical areas and wildfires. Although critical areas exist within urban areas, counties and cities should avoid expanding the urban growth areas into areas with known critical areas extending over a large area. Counties and cities should also consider the potential risk of wildland fires when expanding the urban growth area into areas where structures and other development intermingles with undeveloped wildland or vegetative fuels. See RCW 36.70A.110(8) for legislative direction on expansion of urban growth areas into the 100-year floodplain of river segments that are located west of the crest of the Cascade mountains and have a mean annual flow of 1,000 or more cubic feet per second.

(vii) Consideration of patterns of development within urban growth areas under RCW 36.70A.130 (3)(a) and 36.70A.110(8). Evaluating patterns of development can help identify growth pressures and the viability of existing and proposed urban growth areas. Local governments may want to consider one or more methods for evaluating patterns of development from the following nonexclusive list:

(A) Based on population, permit data, types of development, and a land capacity analysis, identify growth rates and patterns for the preceding 10 years. Calculate rates separately for the unincorporated urban growth areas, and areas within incorporated cities and towns. Cities and towns may identify subareas within their corporate boundaries for individual analysis. Counties and cities should not rely on an evaluation of averages across the overall urban growth area or city boundary.

(B) Make a determination as to consistency or inconsistency with the growth rates and patterns that were envisioned in adopted countywide planning policies, comprehensive plans and development regulations, and actual development that has occurred.

(C) Make a determination as to consistency or inconsistency with assumed housing densities as established under WAC 365-196-410 (2)(d).

(D) Determine development capacity, building types, and patterns of development within each identified area. Based on this analysis, determine the availability of land to serve projected growth within each identified area for the 20-year planning period.

(E) Compare the identified areas to determine areas of high development pressure, areas of low development pressure, and areas with inadequate capacity to absorb their projected growth, including projected housing need.

(F) Make determinations on the viability of urban growth areas experiencing low development pressure by considering barriers to growth such as:

(I) Lack of available or planned infrastructure, including transportation facilities, as determined through the capital facilities plan element and the transportation element.

(II) Lack of adequate development regulations to ensure urban standards and levels of service.

(III) Incompatible uses within or adjacent to the urban growth area. Examples include mining sites, industrial sites, wastewater treatment facilities, brownfields, airports, military bases, and other uses that produce high impacts.

(IV) Parcelization and multiple ownerships that may limit redevelopment.

(V) Site constraints including parcel access, steep slopes, floodplains, and other environmental constraints.

(VI) Market conditions that may deter development.

(viii) Consideration of urban growth area swaps under RCW 36.70A.130 (3)(a). During a periodic update counties may consider removal of a portion of the urban growth area and replacement with a new area location if it is consistent with the requirements of RCW 36.70A.130 (3)(c) or 36.70A.110(8), as applicable, and subsection (3) of this section.

(A) Areas removed from the urban growth area must not include existing urban development. Areas with public sewer, or other urban governmental services such as public water, transportation, and stormwater facilities should not be removed from the UGA.

(B) Counties and cities should consider (e)(vii) of this subsection when conducting an urban growth area swap.

(ix) If there is physically no land available into which a city might expand, it may need to revise its proposed urban densities or population levels in order to accommodate growth on its existing land base.

(f) Evaluating the feasibility of the overall growth plan. Counties and cities should perform a check on the feasibility of the overall plan to accommodate growth. If, as a result of this evaluation, the urban growth area appears to have been drawn too small or too large, the proposal should be adjusted accordingly. Counties and cities should evaluate:

(i) The anticipated ability to finance the public facilities, public services, and open space needed in the urban growth area over the planning period. When conducting a review of the urban growth areas, counties and cities should develop an analysis of the fiscal impact of alternative land use patterns that accommodate the growth anticipated over the succeeding 20-year period. Counties and cities should identify revenue sources and develop a reasonable financial plan to support operation and maintenance of existing facilities and services, and for new or expanded facilities to accommodate projected growth over the 20-year planning period. The plan should ensure consistency between the land use element and the capital facilities plan, and demonstrate that probable funding does not fall short of the projected needs to maintain and operate public facilities, public services, and open space. This provides the public and decision makers with an estimate of the fiscal consequences of various development patterns. This analysis could be done in conjunction with the analysis required under the State Environmental Policy Act.

(ii) The effect that confining urban growth within the areas defined is likely to have on the price of property and the impact thereof on the ability of residents of all economic strata to obtain housing they can afford.

(iii) Whether the level of population and economic growth contemplated can be achieved within the capacity of available land and water resources and without environmental degradation.

(iv) The extent to which the comprehensive plan of the county and of adjacent counties and cities will influence the area needed.

(g) County actions in adopting urban growth areas.

(i) A change to the urban growth area is an amendment to the comprehensive plan and requires, at a minimum, an amendment to the land use element. Counties and cities should also review and update the transportation, capital facilities, utilities, and housing elements to maintain consistency and show how any new areas added to the urban growth area will be provided with adequate public facilities. A modification of any portion of the urban growth area affects the overall urban growth area size and has countywide implications. Because of the significant amount of resources needed to conduct a review of the urban growth area, and because some policy objectives require time to achieve, frequent, piecemeal expansion of the urban growth area should be avoided. Site-specific proposals to expand the urban growth area should be deferred until the next comprehensive review of the urban growth area.

(ii) Counties and cities that are required to participate in the buildable lands program must first have adopted and implemented reasonable measures as required by RCW 36.70A.215 before considering expansion of an urban growth area.

(iii) Consistent with countywide planning policies, counties and cities consulting on the designation of urban growth areas should consider the following implementation steps:

(A) Establishment of agreements regarding land use regulations and the provision of services in that portion of the urban growth area outside of an existing city into which it is eventually expected to expand.

(B) Negotiation of agreements for appropriate allocation of financial burdens resulting from the transition of land from county to city jurisdiction.

(C) Provision for an ongoing collaborative process to assist in implementing countywide planning policies, resolving regional issues, and adjusting growth boundaries.

History

Statutory Authority: RCW 36.70A.190 (4)(b), 36.70A.096, and 36.70A.190(8). WSR 26-01-181, s 365-196-310, filed 12/23/25, effective 1/23/26. Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 25-17-058, s 365-196-310, filed 8/15/25, effective 9/15/25
WSR 23-08-037, § 365-196-310, filed 3/29/23, effective 4/29/23
WSR 15-04-039, § 365-196-310, filed 1/27/15, effective 2/27/15
WSR 10-22-103, § 365-196-310, filed 11/2/10, effective 12/3/10
WSR 10-03-085, § 365-196-310, filed 1/19/10, effective 2/19/10.

Wash. Admin. Code § 365-196-315 Buildable lands review and evaluation.

(1) Purpose. The review and evaluation program required by RCW 36.70A.215 is referred to as the "buildable lands program." The buildable lands program is intended to determine if urban densities are being achieved within urban growth areas by comparing local planning goals and assumptions contained in the countywide planning policies and comprehensive plans with actual development and determining if actual development is consistent with the adopted plans. It also determines if there is sufficient commercial, industrial and housing capacity within the adopted urban growth area to accommodate the county's 20-year planning targets. If, through this evaluation, it is determined that there is an inconsistency between planned and built-out densities or there is insufficient development capacity, counties and cities must adopt and implement measures, other than expanding urban growth areas, that are reasonably likely to increase consistency between what was envisioned in adopted countywide planning policies, comprehensive plans and development regulations, and actual development that has occurred. These measures are referred to as "reasonable measures." Products derived through the program should be used as a technical resource to local policy makers for subsequent comprehensive plan updates.

(2) Required jurisdictions.

(a) The following counties, and the cities located within those counties, must establish and maintain a buildable lands program as required by RCW 36.70A.215:

(i) Clark;

(ii) King;

(iii) Kitsap;

(iv) Pierce;

(v) Snohomish;

(vi) Thurston; and

(vii) Whatcom.

(b) If another county or city establishes a program containing features of the buildable lands program, they are not obligated to meet the requirements of RCW 36.70A.215.

(3) Countywide planning policies and supportive documents.

(a) Buildable lands programs must be established in countywide planning policies.

(b) The buildable lands program must contain policies that establish a framework for implementation and continued administration.

(c) The buildable lands program's framework for implementation and administration may be adopted administratively. The program's framework must contain policies or procedures to:

(i) Provide guidance for the collection and analysis of data;

(ii) Provide for the evaluation of the data no later than the date specified in RCW 36.70A.215, prior to the deadline for review of comprehensive plans and development regulations required by RCW 36.70A.130, commonly referred to as the buildable lands report;

(iii) Provide for the establishment of methods to resolve disputes among jurisdictions regarding inconsistencies in collection and analysis of data; and

(iv) Provide for the amendment of the countywide policies and county and city comprehensive plans as needed to remedy inconsistencies identified through the evaluation required by this section, or to bring these policies and plans into compliance with the requirements of the act.

(d) The program's framework for implementation and administration should, in addition to the above, address the following:

(i) Establishment of the lead agency responsible for the overall coordination of the program;

(ii) Establishment of criteria and timelines for each county or city to:

(A) Make a determination as to consistency or inconsistency between what was envisioned in adopted countywide planning policies, comprehensive plans and development regulations and actual development that has occurred;

(B) Determine whether there is sufficient suitable land to accommodate the countywide population projection, and the subsequent population allocations within the county and between the county and its cities;

(D) Report on the monitoring of the effectiveness of reasonable measures that have been adopted and implemented. Such reporting could be included in the subsequent buildable lands report;

(E) Transmit copies of any actions taken under (d)(ii)(A), (C) and (D) of this subsection to the department.

(iii) Providing opportunities for the public to review and comment on the following:

(A) Refinement of data collection and analysis methods for the review and evaluation elements of the program;

(B) Determinations as to consistency or inconsistency between what was envisioned in adopted countywide planning policies, comprehensive plans and development regulations and actual development that has occurred; and

(iv) Public involvement may be accommodated during review and evaluation of a county or city comprehensive plan in consideration of the buildable land report information. This would generally include public review and comment opportunities before the planning commission or legislative body during the normal local government planning process.

(4) Buildable lands program reporting.

(a) No later than the date specified in RCW 36.70A.215, prior to the deadline for review of comprehensive plans and development regulations required by RCW 36.70A.130, the buildable lands program must compile and publish an evaluation, known as the buildable lands report. Each buildable lands report must be submitted to the department upon publication.

(b) The buildable lands reports must compare growth and development assumptions, targets, and objectives contained in the countywide planning policies and the county and city comprehensive plans with actual growth and development that has occurred since the adoption of the comprehensive plan or the last required buildable lands report. The results of this analysis are intended to aid counties and cities in reviewing and adjusting planning strategies.

(c) The publication, "Buildable Lands Program Guidelines," available from the department, may be used as a source for suggested approaches for meeting the requirements of the program.

(5) Criteria for determining consistency or inconsistency. The determination of consistency or inconsistency for each county or city maintaining a buildable lands program must be made under RCW 36.70A.215(3). At a minimum, the evaluation component of the program shall determine whether there is sufficient land suitable for development or redevelopment within the 20-year planning period:

(a) Evaluation under RCW 36.70A.215 (3)(a) should determine whether the comprehensive plan and development regulations sufficiently accommodate the population projection established for the county and allocated within the county and between the county and its cities, consistent with the requirements in RCW 36.70A.110; the zoned capacity of land alone is not a sufficient standard to deem land suitable for development or redevelopment within the 20-year planning period.

(b) Evaluation under RCW 36.70A.215 (3)(b) should compare the achieved densities, type and density range for commercial, industrial and residential land uses with the assumed densities that were envisioned in the applicable countywide planning policies, and the comprehensive plan, including:

(i) A review and evaluation of the land use designation and zoning/development regulations; environmental regulations (such as tree retention, stormwater, or critical area regulations) impacting development; and other regulations that could prevent assigned densities from being achieved; infrastructure gaps (including, but not limited to, transportation, water, sewer, and stormwater); and

(ii) Use of a reasonable land market supply factor when evaluating land suitable to accommodate new development or redevelopment of land for residential development and employment activities. The reasonable market supply factor identifies reductions in the amount of land suitable for development and redevelopment. The methodology for conducting a reasonable land market factor shall be determined through the guidance developed in RCW 36.70A.217.

(c) Evaluation under RCW 36.70A.215 (3)(c) should provide an analysis of county and/or city development assumptions, targets, and objectives contained in the countywide planning policies and the county and city comprehensive plans when growth targets and assumptions are not being achieved. It is not appropriate to make a finding that assumed growth contained in the countywide planning policies and the county or city comprehensive plan will occur at the end of the current comprehensive planning 20-year planning cycle without rationale;

(d) Evaluation under RCW 36.70A.215 (3)(d) should determine the actual density of housing that has been constructed and the actual amount of land developed for commercial and industrial uses within the urban growth area since the adoption of a comprehensive plan under this chapter or since the last periodic evaluation as required by RCW 36.70A.215(1); and

(e) Evaluation under RCW 36.70A.215 (3)(e) should, based on the actual density, along with current trends and other documented factors relevant to patterns of actual growth and development as determined under RCW 36.70A.215 (3)(b), review commercial, industrial, and housing needs by type and density range to determine the amount of land needed for commercial, industrial, and housing for the remaining portion of the 20-year planning period used in the most recently adopted comprehensive plan.

(6) Measures to address inconsistencies.

(a) The legislative bodies of counties and cities are responsible for the adoption of reasonable measures requiring legislative action to amend their individual comprehensive plans and development regulations. Counties, in consultation with cities, are responsible for amending the countywide planning policies reasonably likely to increase consistency. Annual monitoring and reporting is the responsibility of the adopting jurisdiction, but may be carried out by either the adopting jurisdiction or other designated agency or person.

(b) If a county or city determines an inconsistency exists, the county or city should establish a timeline for adopting and implementing measures that are reasonably likely to increase consistency during the succeeding review and evaluation period. The responsible county or city may utilize its annual review or periodic update under RCW 36.70A.130 to make adjustments to its comprehensive plan and development regulations that are necessary to implement reasonable measures. Information regarding the adoption, implementation, and monitoring of reasonable measures should be made available to the public. Counties and cities may not rely on expansion of the urban growth area as a measure to address the inconsistency.

(i) Each county or city is responsible for implementing reasonable measures within its jurisdiction and must adopt measures that are designed to remedy the inconsistency within the remaining planning horizon of the adopted comprehensive plan;

(ii) Each county or city adopting reasonable measures is responsible for documenting its methodology and expectations for monitoring to provide a basis to evaluate whether the adopted measures have been effective in increasing consistency during the subsequent review and evaluation period;

(iii) If the monitoring of reasonable measures fails to show increased consistency relative to adopted policies, plans and development regulations during the subsequent review and evaluation period, the county or city should evaluate whether the measures in question should be revised, replaced, supplemented or rescinded;

(iv) If monitoring of reasonable measures demonstrates that such measures have remedied the inconsistency, the adopting county or city may discontinue monitoring;

(v) A copy of any action taken to adopt, amend, or rescind reasonable measures should be submitted to the department.

History

Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 23-08-037, § 365-196-315, filed 3/29/23, effective 4/29/23
WSR 15-04-039, § 365-196-315, filed 1/27/15, effective 2/27/15
WSR 10-03-085, § 365-196-315, filed 1/19/10, effective 2/19/10.

Wash. Admin. Code § 365-196-320 Providing urban services.

(1) Urban governmental services.

(a) Urban services are defined by RCW 36.70A.030 as those public services and public facilities at an intensity historically and typically provided in cities. Urban services specifically include:

(i) Sanitary sewer systems;

(ii) Storm drainage systems;

(iii) Domestic water systems;

(iv) Street cleaning services;

(v) Fire and police protection services;

(vi) Public transit services; and

(vii) Other public utilities associated with urban areas and normally not associated with rural areas.

(b) RCW 36.70A.030 defines public facilities and public services, which in addition to those defined as urban services, also include streets, roads, highways, sidewalks, street and road lighting systems, traffic signals, parks and recreational facilities, and schools, public health and environmental protection, and other governmental services.

(c) Although some of these services may be provided in rural areas, urban areas are typically served by higher capacity systems capable of providing adequate services at urban densities. Storm and sanitary sewer systems are the only services that are generally exclusively for urban growth areas. Outside of urban growth areas storm and sanitary sewer systems are appropriate in limited circumstances when necessary to protect basic public health and safety and the environment, and when such services are financially supportable at rural densities and do not permit urban development.

(d) At a minimum, adequate public facilities in urban areas should include sanitary sewer systems, and public water service from a Group A public water system under chapter 70A.120 or 70A.125 RCW because these services are usually necessary to support urban densities. The services provided must be adequate to allow development at urban densities and serve development at densities consistent with the land use element, and meet all regulatory obligations under state and federal law.

(e) If potable water demand is expected to exceed a public water system's available water rights within the 20-year planning horizon, counties and cities should develop strategies to obtain sufficient water to meet anticipated demand. Strategies may include, but are not limited to, decreasing water demand through conservation, securing additional water rights and establishing an intertie agreement with another water purveyor to purchase the necessary water.

(f) The obligation to provide urban areas with adequate public facilities is not limited to new urban areas. Counties and cities must include in their capital facilities element a plan to provide adequate public facilities to all urban areas, including those existing areas that are developed, but do not currently have a full range of urban governmental services or services necessary to support urban densities.

(g) The use of on-site sewer systems within urban growth areas may be appropriate in limited circumstances where there is no negative effect on basic public health, safety and the environment; and the use of on-site sewer systems does not preclude development at urban densities. Such circumstances may include:

(i) Use of on-site sewer systems as a transitional strategy where there is a development phasing plan in place (see WAC 365-196-330); or

(ii) To serve isolated pockets of urban land difficult to serve due to terrain, critical areas or where the benefit of providing an urban level of service is cost-prohibitive; or

(iii) Where on-site systems are the best available technology for the circumstances and are designed to serve urban densities.

(2) Appropriate providers. RCW 36.70A.110(4) states that, in general, cities are the units of government most appropriate to provide urban governmental services. However, counties, special purpose districts and private providers also provide urban services, particularly services that are regional in nature. Counties and cities should plan for a transformation of governance as urban growth areas develop, whereby annexation or incorporation occurs, and nonregional urban services provided by counties are generally transferred to cities. See WAC 365-196-305.

(3) Coordination of planning in urban growth areas.

(a) The capital facilities element and transportation element of the county or city comprehensive plan must show how adequate public facilities will be provided and by whom. If the county or city with land use authority over an area is not the provider of urban services, a process for maintaining consistency between the land use element and plans for infrastructure provision should be developed consistent with the countywide planning policies.

(b) If a city is the designated service provider outside of its municipal boundaries, the city capital facilities element must also show how urban services will be provided within their service area. This should include incorporated areas and any portion of the urban growth area that it is assigned as a service area or potential annexation area designated under RCW 36.70A.110(7). See WAC 365-196-415 for information on the capital facilities element.

(4) Level of financial certainty required when establishing urban growth areas.

(a) Any amendment to an urban growth area must be accompanied by an analysis of what capital facilities investments are necessary to ensure the provision of adequate public facilities.

(b) If new or upgraded facilities are necessary, counties and cities must amend the capital facilities and transportation elements to maintain consistency with the land use element.

(c) The amended capital facilities and transportation elements must identify those new or expanded facilities and services necessary to support development in new urban growth areas. The elements must also include cost estimates to determine the amount of funding necessary to construct needed facilities.

(d) The capital facilities and transportation elements should identify what combination of new or existing funding will be necessary to develop the needed facilities. Funding goals should be based on what can be raised by using existing resources. Use of state and federal grants should be realistic based on past trends unless the capital facilities element identifies new programs or an increased amount of available funding from state or federal sources.

(e) If funding available from existing sources is not sufficient, counties and cities should use development phasing strategies to prevent the irreversible commitment of land to urban development before adequate funding is available. Development phasing strategies are described in WAC 365-196-330. Counties and cities should then implement measures needed to close the funding gap.

(f) When considering potential changes to the urban growth area, counties should require that any proposal to expand the urban growth area must include necessary information to demonstrate an ability to provide adequate public facilities to any potential new portions of the urban growth area.

History

Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 25-17-058, s 365-196-320, filed 8/15/25, effective 9/15/25
WSR 23-08-037, § 365-196-320, filed 3/29/23, effective 4/29/23
WSR 10-03-085, § 365-196-320, filed 1/19/10, effective 2/19/10.

Wash. Admin. Code § 365-196-325 Providing sufficient land capacity suitable for development.

(1) Requirements.

(a) RCW 36.70A.115 requires counties and cities to ensure that, taken collectively, comprehensive plans and development regulations provide sufficient capacity of land suitable for development within their jurisdictions to accommodate their allocated housing and employment growth, including the accommodation of, as appropriate, the medical, governmental, educational, institutional, commercial, and industrial facilities related to such growth, as adopted in the applicable countywide planning policies and consistent with the 20-year population forecast from the office of financial management. For housing capacity, counties and cities must provide sufficient capacity for the allocated share of countywide housing needs for moderate, low, very low, and extremely low-income households, as well as emergency housing, shelters, and permanent supportive housing. To demonstrate this requirement is met, counties and cities must conduct an evaluation of land capacity sufficiency that is commonly referred to as a "land capacity analysis."

(b) Counties and cities must complete a land capacity analysis that demonstrates sufficient land for development or redevelopment to meet their adopted share of countywide housing need during the review of urban growth areas required by RCW 36.70A.130 (3)(a). See WAC 365-196-310 for guidance in estimating and providing sufficient land capacity.

(c) Counties and cities subject to RCW 36.70A.215 must determine land capacity sufficiency as part of the buildable lands reporting requirements prior to the deadline for periodic review of comprehensive plans and development regulations required by RCW 36.70A.130, and adopt and implement measures that are reasonably likely to increase the consistency between land capacity and growth allocations. See WAC 365-196-315 for guidance.

(d) A complete land capacity analysis is not required to be undertaken for every amendment to a comprehensive plan or development regulation outside of the act's required periodic reviews. However, when considering amendments to the comprehensive plan or development regulations which increase or decrease allowed densities, counties and cities should estimate the degree of increase or decrease in development capacity on lands subject to the amendments, and estimate if the capacity change may affect its ability to provide sufficient capacity of land suitable for development. If so, the county or city should complete a land capacity analysis.

(2) Recommendations for meeting requirement.

(a) Determining land capacity sufficiency. The land capacity analysis is a comparison between the collective effects of all development regulations operating on development and the assumed densities established in the land use element. In order to achieve sufficiency, the development regulations must allow at least the low end of the range of assumed densities established in the land use element. This assures a county or city can meet its obligation to accommodate the growth allocated through the countywide population and housing allocation process.

(b) For residential land capacity, development regulations must allow for sufficient capacity at each economic segment. See WAC 365-196-410 (2)(d).

(c) Appropriate area for analysis. The focus of the analysis is on the county or city's ability to meet its obligation to accommodate the growth allocated through the countywide population, housing needs and employment allocation process. Providing sufficient land capacity for development does not require a county or city to achieve or evaluate sufficiency for every parcel of a future land use designation provided the area as a whole ensures sufficient land capacity for development.

(d) The land capacity analysis should evaluate what the development regulations allow, rather than what development has actually occurred. Many factors beyond the control of counties and cities will control the amount and pace of actual development, what density it is built at and what types and densities of development are financially viable for any set of economic conditions. Counties and cities need not ensure that particular types of development are financially feasible in the context of short term market conditions. Counties and cities should, however, consider available information on trends in local markets to inform its evaluation of sufficient land capacity for the 20-year planning period.

(e) Development phasing. RCW 36.70A.115 does not create an obligation to ensure that all land in the urban growth area is available for development at the same time. When counties or cities establish mechanisms for development phasing, zoned densities in the short term may be established that are substantially lower than called for in the future land use designations. In these cases, a county or city ensures a sufficient land capacity suitable for development by implementing its development phasing policies to allow development to occur within the 20-year planning period. Development phasing is described in greater detail in WAC 365-196-330.

(f) The department recommends the following means of implementing the requirements of RCW 36.70A.115.

(i) Periodic evaluation. Counties and cities ensure sufficient land capacity for development by comparing the achieved density of development that has been permitted in each zoning category to the assumed densities established in the land use element using existing permitting data. If existing permitting data shows that the densities approved are lower than assumed densities established in the land use element, counties and cities should review their development regulations to determine if regulatory barriers are preventing development at the densities as envisioned. Regulatory evaluation should include barriers to indoor emergency housing and shelter, permanent supportive housing, and transitional housing; such as unreasonable regulations on the occupancy, intensity, and spacing of these housing types. This evaluation must occur as part of the urban growth area review required in RCW 36.70A.130 (3)(a) and as part of the buildable lands review and evaluation program conducted under RCW 36.70A.215.

(ii) Flexible development standards. Counties and cities could ensure sufficient land capacity for development by establishing development regulations to allow development proposals that transfer development capacity from unbuildable portions of a development parcel to other portions of the development parcel so the underlying zoned density is still allowed. This may provide for flexibility in some dimensional standards provided development is consistent with state law and all impacts are mitigated.

(iii) Evaluation of development capacity impacts of proposed development regulation amendments. Counties and cities may also consider evaluation of whether proposed amendments to development regulations will have a significant impact on the ability of a county or city to provide sufficient capacity of land for development.

(iv) Land capacity and supportive housing types. Counties and cities must ensure that comprehensive plans and development regulations allow for the development of sufficient indoor emergency housing, indoor emergency shelter, permanent supportive housing, and transitional housing to meet the county or city allocated share of countywide housing needs. Any locally adopted regulations, including those on occupancy, spacing, and intensity of use, should be evaluated with consideration to land capacity and housing need for extremely low-income housing and emergency housing. These regulations:

(A) Must not prevent the siting of a sufficient number of each housing type to meet the county or city allocated share of countywide housing needs; and

(B) Shall be connected to public health and safety; and

(C) Must be reasonable in aim and scope and appropriate for government regulation. Under substantive due process rules, the regulation must be for a legitimate public purpose, be appropriate to accomplish the purpose, be reasonable, and be clear and easy to apply. This means that the requirements cannot be so restrictive that they make the development economically unfeasible by increasing permitting costs and permitting timelines to an extent they become unreasonable compared to permitting of other allowed housing types.

History

Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 25-17-058, s 365-196-325, filed 8/15/25, effective 9/15/25
WSR 23-08-037, § 365-196-325, filed 3/29/23, effective 4/29/23
WSR 15-04-039, § 365-196-325, filed 1/27/15, effective 2/27/15
WSR 10-22-103, § 365-196-325, filed 11/2/10, effective 12/3/10
WSR 10-03-085, § 365-196-325, filed 1/19/10, effective 2/19/10.

Wash. Admin. Code § 365-196-330 Phasing development within the UGA.

(1) Purpose of development phasing. Development phasing is the sequencing of development subareas within a city or urban growth area over the course of the 20-year planning period. Development phasing should be considered a way to achieve one or more of the following:

(a) Orderly development pursuant to RCW 36.70A.110(3), which states that urban growth should first be located in areas with existing urban development and existing service capacity; second in existing urban development areas where new services can be provided in conjunction with existing services; and third in the remainder of the urban growth area;

(b) Preventing the irreversible commitment of land to urban growth before the provision of adequate public facilities. Within the comprehensive plan, the capital facilities element, transportation element, and parks and recreation element each must contain a plan to provide urban areas with adequate public facilities. The comprehensive plan must identify those facilities needed to achieve and maintain adopted levels of service over the 20-year planning period, but only requires a six-year financing plan. Development phasing is a tool to address those areas for which capital facility needs have been identified in the 20-year plan, but financing has not yet been identified. Because no irreversible commitment of land has been made in the zoning ordinance, if provision of urban governmental services ultimately proves infeasible, the area can be removed from the urban growth area when reassessing the land use element if probable funding falls short;

(c) Preventing a pattern of sprawling low density development from occurring or vesting in these areas prior to the ability to support urban densities. Once this pattern has occurred, it is more difficult to serve with urban services and less likely to ultimately achieve urban densities;

(d) Serving as a means of developing more detailed intergovernmental agreements or other plans to facilitate the orderly transition of governance and public services.

(2) Recommended provisions for development phasing. Comprehensive plan and development regulation provisions for development phasing should include the following:

(a) Identification of the areas to be sequenced;

(b) The criteria required to develop these areas at the ultimate urban densities envisioned. Criteria may be based on adequacy of services, existing urban development, and provisions for transition of governance. Timelines may also be used for sequencing;

(c) The densities and uses allowed in identified areas that have not yet met the criteria. Densities and intensities more typical of rural development should be considered to avoid hindering future development at urban densities. Such requirements are not inconsistent with the obligation to permit urban densities if provisions are made for conversion to urban densities over the course of the 20-year planning period. Regulations should ensure that interim uses do not preclude future development at urban densities; and

(d) The review process for transitioning to ultimate urban densities. This should involve changes to development regulations, and not require amendments to the comprehensive plan.

(3) Additional considerations.

(a) Comprehensive plans may include other tools selected to facilitate phasing.

(b) Counties and cities should coordinate the phasing of development within portions of urban growth areas assigned to cities, and throughout urban growth areas in which cities are located. Development phasing polices may be addressed in countywide planning policies.

(c) Counties and cities must still provide sufficient capacity of land suitable for development as required in RCW 36.70A.115, but lands subject to sequencing requirements should be included in this capacity as long as phasing is implemented during the planning period.

History

Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 23-08-037, § 365-196-330, filed 3/29/23, effective 4/29/23
WSR 10-03-085, § 365-196-330, filed 1/19/10, effective 2/19/10.

Wash. Admin. Code § 365-196-335 Identification of open space corridors.

(1) Requirements.

(a) Each county or city planning under the act must identify open space corridors within and between urban growth areas. They must include green space and other lands useful for recreation, wildlife habitat, trails, and connection of critical areas as defined in RCW 36.70A.030.

(b) The county or city may seek to acquire by purchase the fee simple or lesser interests in open space corridors using funds authorized by RCW 84.34.230 or other sources.

(2) Recommendations for meeting requirements.

(a) Counties and cities should consider identifying open space corridors when reviewing and updating urban growth areas, critical areas designations, and the land use element of comprehensive plans.

(b) Counties and cities should consider the various purposes and uses of identified corridors and should state the preferred uses anticipated for each identified corridor, if known. In some cases, uses preferred for an identified corridor may preclude other incompatible uses.

(c) Counties and cities should consider how identified corridors exist in relationship to designated critical areas and natural resource lands, the extent and trends of public demands for recreational lands and access to public lands for recreation, and specific existing and planned recreational uses that may make use of identified corridors for specific uses, including nonmotorized transportation.

(d) When identifying open space corridors, counties and cities should plan an integrated system that uses identified corridors to link established large areas of parks and recreational lands, resource lands, greenbelts, streams, and wildlife corridors to help protect and enhance fish and wildlife habitat conservation areas.

(e) Counties and cities should also consider the potential to use green spaces as part of an integrated system to absorb and treat stormwater, promote physical and mental health of residents, provide relief from the urban heat island effect, promote recreational and aesthetic value, protect streams or water supply, and preserve visual quality along highway, road, and street corridors.

History

Statutory Authority: RCW 36.70A.190 (4)(b), 36.70A.096, and 36.70A.190(8). WSR 26-01-181, s 365-196-335, filed 12/23/25, effective 1/23/26. Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 10-03-085, § 365-196-335, filed 1/19/10, effective 2/19/10.

Wash. Admin. Code § 365-196-340 Identification of lands useful for public purposes.

(1) Requirements. Each county and city planning under the act must identify land useful for public purposes such as utility corridors, transportation corridors, landfills, sewage treatment facilities, stormwater management facilities, recreation, schools, and other public uses. The county must work with the state and with the cities within the county's borders to identify areas of shared need for public facilities. The jurisdictions within the county must prepare a prioritized list of lands necessary for the identified public uses including an estimated date by which the acquisition will be needed. The respective capital acquisition budgets for each jurisdiction must reflect the jointly agreed upon priorities and time schedule. See WAC 365-196-405 (2)(g), Land use element.

(2) Recommendations for meeting requirements. Counties and cities should identify lands useful for public purposes when updating the urban growth area designations and the land use, utilities and transportation elements of comprehensive plans.

(a) Such lands may include surplus public property available for transfer, lease, or other disposal of for a public benefit purpose consistent with and subject to RCW 39.33.015. Any transfer of surplus public property must be consistent with the policies and land use element of the adopted comprehensive plan.

(b) The department recommends that the information derived in meeting this requirement be made generally available only to the extent necessary to meet the requirements of the public disclosure laws.

History

Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 25-17-058, s 365-196-340, filed 8/15/25, effective 9/15/25
WSR 10-03-085, § 365-196-340, filed 1/19/10, effective 2/19/10.

Wash. Admin. Code § 365-196-345 New fully contained communities.

(1) Any county planning under the act may reserve a portion of its 20-year population projection for new fully contained communities, located outside of the designated urban growth areas.

(2) Proposals to authorize fully contained communities must be processed according to the locally established policies implementing the criteria set forth in RCW 36.70A.350. Approval of a new fully contained community has the effect of amending the comprehensive plan, therefore it is a legislative action and should follow the procedures associated with comprehensive plan amendments.

(3) The initial effective date of an action that establishes a new fully contained community is the latest of the following dates per RCW 36.70A.067:

(a) Sixty days after the publication of notice of adoption of the comprehensive plan, development regulation, or amendment to the plan or regulation, implementing the action, as provided under RCW 36.70A.290(2); or

(b) If a petition for review to the growth management hearings board is timely filed, upon issuance of the board's final order.

History

Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 25-17-058, s 365-196-345, filed 8/15/25, effective 9/15/25
WSR 10-03-085, § 365-196-345, filed 1/19/10, effective 2/19/10.

Wash. Admin. Code § 365-196-350 Extension of public facilities and utilities to serve school sited in a rural area authorized.

(1) Requirements: The Growth Management Act does not prohibit a county planning under RCW 36.70A.040 from authorizing the extension of public facilities and utilities to serve a school sited in a rural area that serves students from a rural area and an urban area so long as the following requirements are met:

(a) The applicable school district board of directors has adopted a policy addressing school service area and facility needs and educational program requirements;

(b) The applicable school district has made a finding, with the concurrence of the county legislative authority and the legislative authorities of any affected cities, that the district's proposed site is suitable to site the school and any associated recreational facilities that the district has determined cannot reasonably be collocated on an existing school site, taking into consideration the policy adopted in (a) of this subsection and the extent to which vacant or developable land within the growth area meets those requirements;

(c) The county and any affected cities agree to the extension of public facilities and utilities to serve the school sited in a rural area that serves urban and rural students at the time of concurrence in (b) of this subsection;

(d) If the public facility or utility is extended beyond the urban growth area to serve a school, the public facility or utility must serve only the school and the costs of such extension must be borne by the applicable school district based on a reasonable nexus to the impacts of the school, except as provided in subsection (3) of this section; and

(e) Any impacts associated with the siting of the school are mitigated as required by the State Environmental Policy Act, chapter 43.21C RCW.

(2) The act does not prohibit either the expansion or modernization of an existing school in the rural area or the placement of portable classrooms at an existing school in the rural area.

(3) Where a public facility or utility has been extended beyond the urban growth area to serve a school, the public facility or utility may, where consistent with RCW 36.70A.110(4), serve a property or properties in addition to the school if the property owner so requests, provided that the county and any affected cities agree with the request and provided that the property is located no further from the public facility or utility than the distance that, if the property were within the urban growth area, the property would be required to connect to the public facility or utility. In such an instance, the school district may, for a period not to exceed 20 years, require reimbursement from a requesting property owner for a proportional share of the construction costs incurred by the school district for the extension of the public facility or utility.

(4) Counties and cities must identify lands useful for public purposes, such as schools in their comprehensive plan. (See RCW 36.70A.150.) As part of subdivision approval, permitting jurisdictions must ensure appropriate provisions are made for schools and school grounds. (See RCW 58.17.110.)

(5) Recommendations for meeting requirements.

(a)(i) School sites should be considered as communities are being planned, and specifically considered when permitting large developments. (See RCW 36.70A.110(2) and 36.70A.150.)

(ii) Cities, counties, and school districts should first work together to identify potential school sites within urban growth areas. To facilitate the siting of schools within urban areas, counties and cities should work with school districts to assess zoning, height limits, and other factors that may affect the ability of a school to site within an urban growth area, including joint-use facilities. County policies may address schools in the rural area, and set out locational, buffering or screening policies to protect rural character. As schools are considered in the rural area, the long-term plan for the area should be considered, but new school development should not be used to intentionally drive urban development in a rural area.

(b) Cities, counties and school districts should:

(i) Coordinate enrollment forecasts and projections with the county and city's adopted population projections.

(ii) Identify school siting criteria with the county, cities, and regional transportation planning organizations. Such criteria may be included in countywide planning policies.

(iii) Identify suitable school sites with the county and cities, with priority to siting schools in existing cities and towns in locations where students can safely walk and bicycle to the school from their homes and that can effectively be served by transit.

(iv) Consider playgrounds and fields associated with activities during the normal school day (e.g., recess and physical education) for new, expanded, or modernized school sites. Districts may consider joint use of recreational facilities as part of the proposal.

(c) If school impact fees are collected, a jurisdiction's capital facilities element must address school facility needs related to growth. (See RCW 82.02.050 and 82.02.090(7).) Counties and cities should work with school districts to review the relationship of school district enrollment projections with local population growth projections.

(d) A school district policy adopted pursuant to RCW 36.70A.213 may include criteria for siting schools, school grade configuration, educational programming, recreational facility co-location, feeder schools, transportation routes, or other relevant factors that may affect school siting decisions.

(e) If a county or affected city concurs with the school district's finding, the county and any affected cities should also at that time agree to the extension of public facilities and utilities to serve the school. If a county or affected city finds that it cannot concur with the school district's findings regarding the proposed school, the county or city should document the reasons in their decision.

History

Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 25-17-058, s 365-196-350, filed 8/15/25, effective 9/15/25
WSR 23-08-037, § 365-196-350, filed 3/29/23, effective 4/29/23.

Wash. Admin. Code § 365-196-400 Mandatory elements.

(1) Requirements.

(a) The comprehensive plan must include, at a minimum, a future land use map.

(b) The comprehensive plan must contain descriptive text covering objectives, principles, and standards used to develop the comprehensive plan.

(c) The comprehensive plan must be an internally consistent document and all elements shall be consistent with the future land use map.

(d) Each comprehensive plan must include each of the following:

(i) A land use element;

(ii) A housing element;

(iii) A capital facilities plan element;

(iv) A utilities element;

(v) A transportation element;

(vi) A climate change and resiliency element; and

(vii) The goals and policies of the shoreline master program adopted by the county or city as described in RCW 36.70A.480.

(e) County comprehensive plans must also include a rural element including lands that are not designated for urban growth, agriculture, forest, or mineral resources.

(f) Additionally, each county and city comprehensive plan must contain a process for identifying and siting essential public facilities.

(g) Required elements enacted after January 1, 2002, must be included in each comprehensive plan that is updated under RCW 36.70A.130(1), but only if funds sufficient to cover applicable local government costs are appropriated and distributed by the state at least two years before the applicable review and update deadline in RCW 36.70A.130(5). The department will notify counties and cities when funds have been appropriated for this purpose. Elements enacted after January 1, 2002, include:

(i) An economic development element; and

(ii) A parks and recreation element.

(2) Recommendations for overall design of the comprehensive plan.

(a) The planning horizon for the comprehensive plan must be at least the 20-year period following the adoption of the comprehensive plan. Counties and cities should use consistent population projections and planning horizons. The planning horizon should start on the relevant deadline specified in RCW 36.70A.130(5).

(b) The comprehensive plan should include or reference the statutory goals and requirements of the act as guiding the development of the comprehensive plan and should also identify any supplementary goals adopted in the comprehensive plan.

(c) Each county and city comprehensive plan should include, or reference, the countywide planning policies, along with an explanation of how the countywide planning policies have been integrated into the comprehensive plan.

(d) Each comprehensive plan must contain a future land use map showing the proposed physical distribution and location of the various land uses during the planning period. This map should provide a graphic display of how and where development is expected to occur.

(e) The comprehensive plan should include a vision for the community at the end of the 20-year planning period and identify community values derived from the visioning and other citizen participation processes. Goals may be further defined with policies and objectives in each element of the comprehensive plan.

(f) Each county and city should include at the beginning of its comprehensive plan a section which summarizes, with graphics and a minimum amount of text, how the various pieces of the comprehensive plan fit together. A comprehensive plan may include overlay maps and other graphic displays depicting known critical areas, open space corridors, development patterns, phasing of development, neighborhoods or subarea definitions, and other plan features.

(g) Detailed recommendations for preparing each element of the comprehensive plan are provided in WAC 365-196-405 through 365-196-485.

History

Statutory Authority: RCW 36.70A.190 (4)(b), 36.70A.096, and 36.70A.190(8). WSR 26-01-181, s 365-196-400, filed 12/23/25, effective 1/23/26. Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 23-08-037, § 365-196-400, filed 3/29/23, effective 4/29/23
WSR 15-04-039, § 365-196-400, filed 1/27/15, effective 2/27/15
WSR 10-03-085, § 365-196-400, filed 1/19/10, effective 2/19/10.

Wash. Admin. Code § 365-196-405 Land use element.

(1) Requirements for counties and cities not subject to the amendments in the land use element of RCW 36.70A.070 set forth in chapter 228, Laws of 2023, based on the applicability requirements in RCW 36.70A.095(3) and WAC 365-196-443(2), Table 1. The land use element shall contain at least the following features:

(a) Designation of the proposed general distribution and general location and extent of the uses of land, where appropriate, for agricultural, timber, and mineral production, for housing, commerce, industry, recreation, open spaces, public utilities, public facilities, general aviation airports, military bases, rural uses, and other land uses.

(b) Population densities, building intensities, and estimates of future population growth.

(d) Wherever possible, consideration of urban planning approaches to promote physical activity.

(e) Where applicable, a review of drainage, flooding, and stormwater runoff in the area covered by the plan and nearby jurisdictions, and guidance for corrective actions to mitigate or cleanse those discharges that pollute waters of the state, including Puget Sound or waters entering Puget Sound.

(2) Requirements for counties and cities subject to the amendments in the land use element of RCW 36.70A.070 set forth in chapter 228, Laws of 2023, based on the applicability requirements in RCW 36.70A.095(3) and WAC 365-196-443(2), Table 1. The land use element shall contain at least the following features:

(a) Designation of the proposed general distribution and general location and extent of the uses of land, where appropriate, for agricultural, timber, and mineral production, for housing, commerce, industry, recreation, open spaces and green spaces, urban and community forests within the urban growth area, public utilities, public facilities, general aviation airports, military bases, rural uses, and other land uses.

(b) Population densities, building intensities, and estimates of future population growth.

(d) Special consideration to achieving environmental justice in its goals and policies, including efforts to avoid creating or worsening environmental health disparities.

(e) Wherever possible, consideration of urban planning approaches to promote physical activity and reduce per capita vehicle miles traveled within the jurisdiction, but without increasing greenhouse gas emissions elsewhere in the state.

(f) Where applicable, a review of drainage, flooding, and stormwater runoff in the area covered by the plan and nearby jurisdictions, and guidance for corrective actions to mitigate or cleanse those discharges that pollute waters of the state, including Puget Sound or waters entering Puget Sound.

(g) The land use element must reduce and mitigate the risk to lives and property posed by wildfires by using building codes, land use planning tools, and community agreements, which may include, but are not limited to, zoning regulations or development standards, or adoption of portions or all of the International Wildland-Urban Interface Code developed by the International Code Council or developing building and maintenance standards consistent with the Firewise USA program or similar program designed to reduce wildfire risk, reducing wildfire risks to residential development in high risk areas and the wildland urban interface area, separating human development from wildfire prone landscapes, and protecting existing residential development and infrastructure through community wildfire preparedness and fire adaptation measures.

(h) Counties and cities should integrate the requirements of the Wildland-Urban Interface Code consistent with RCW 36.70A.060 and chapter 90.58 RCW to provide for no net loss of ecosystem functions within critical areas, shorelands, and associated areas.

(3) Recommendations for meeting requirements. The land use assumptions in the land use element form the basis for all growth-related planning functions in the comprehensive plan, including transportation, housing, capital facilities, and, for counties, the rural element. Preparing the land use element is an iterative process. Linking all plan elements to the land use assumptions in the land use element helps meet the act's requirement for internal consistency. The following steps are recommended in preparing the land use element:

(a) Counties and cities should integrate relevant countywide planning policies and, where applicable, multicounty planning policies, into the local planning process, and ensure local goals and policies are consistent.

(b) Counties and cities should identify the existing general distribution and location of various land uses, the approximate acreage, and general range of density or intensity of existing uses.

(c) Counties and cities should estimate the extent to which existing buildings and housing, together with development or redevelopment of vacant, partially used and underutilized land, can support anticipated growth over the planning period. Redevelopment of fully built properties may also be considered.

(i) Estimation of development or redevelopment capacity may include:

(A) Identification of individual properties or areas likely to convert because of market pressure or because they are built below allowed densities; or

(B) Use of an estimated percentage of area-wide growth during the planning period anticipated to occur through redevelopment, based on likely future trends for the local area or comparable jurisdictions; or

(ii) Estimates of development or redevelopment capacity should be included in a land capacity analysis as part of a countywide process described in WAC 365-196-305 and 365-196-310 or, as applicable, WAC 365-196-315.

(d) Counties and cities should identify special characteristics and uses of the land which may influence land use or regulation. These may include:

(i) The location of agriculture, forest and mineral resource lands of long-term commercial significance.

(ii) The general location of any known critical areas that limit suitability of land for development.

(iii) Influences or threats to the quality and quantity of groundwater used for public water supplies. These may be identified from information sources such as the following:

(A) Designated critical aquifer recharge areas that identify areas where potentially hazardous material use should be limited, or for direction on where managing development practices that influence the aquifer would be important;

(B) Watershed plans approved under chapter 90.82 RCW; groundwater management plans approved under RCW 90.44.400; coordinated water system plans adopted under chapter 70A.100 RCW; and watershed plans adopted under chapter 90.54 RCW as outlined in RCW 90.03.386.

(C) Instream flow rules prepared by the department of ecology and limitations and recommendations therein that may inform land use decisions.

(iv) Areas adjacent to general aviation airports where incompatible uses should be discouraged, as required by RCW 36.70A.510 and 36.70.547, with guidance in WAC 365-196-455.

(v) Areas adjacent to military bases where incompatible uses should be discouraged, as required by RCW 36.70A.530 with guidance in WAC 365-196-475.

(vi) Existing or potential open space corridors within and between urban growth areas as required by RCW 36.70A.160 for recreation, wildlife habitat, trails, and connection of critical areas as defined in RCW 36.70A.030. Counties and cities may consult WAC 365-196-335 for additional information.

(vii) Where applicable, sites that are particularly well suited for industry. Counties and cities should consult WAC 365-196-310 (3)(c)(iv) for information on industrial land uses. For counties, the process described in WAC 365-196-465 and 365-196-470 may be relevant for industrial areas outside of an urban growth area.

(viii) Other features that may be relevant to this information gathering process may include view corridors, brownfield sites, national scenic areas, historic districts, or other opportunity sites, or other special characteristics which may be useful to inform future land use decisions.

(e) Counties and cities must review drainage, flooding, and stormwater runoff in the area or nearby jurisdictions and provide guidance for corrective actions to mitigate or cleanse those discharges that pollute waters of the state, including Puget Sound or waters entering Puget Sound. Water quality information may be integrated from the following sources:

(i) Planning and regulatory requirements of municipal stormwater general permits issued by the department of ecology that apply to the county or city.

(ii) Local waters listed under Washington state's water quality assessment and any water quality concerns associated with those waters.

(iii) Interjurisdictional plans, such as total maximum daily loads.

(f) Counties and cities must obtain 20-year population and housing needs allocations for their planning area as part of a countywide process described in WAC 365-196-305(4) and 365-196-310. Using information from the housing needs analysis and housing needs allocation, identify the amount of land suitable for development at a variety of densities consistent with the number and type of residential units likely to be needed over the planning period. Densities and type of residential units needed should take into account what housing types can serve housing needs at different potential economic segments as described in WAC 365-196-410(2). At a minimum, cities must plan for the population and housing needs allocated to them, but may plan for additional growth within incorporated areas.

(g) Counties and cities should estimate the level of commercial space, and industrial land needed using information from the economic development element, if available, or from other relevant economic development plans.

(h) Counties and cities should identify the general location and estimated quantity of land needed for public purposes such as utility corridors, landfills or solid waste transfer stations, sewage treatment facilities, stormwater management facilities, recreation, schools, and other public uses. Counties and cities should consider corridors needed for transportation including automobile, rail, and trail use in and between planning areas, consistent with the transportation element and coordinate with adjacent jurisdictions for connectivity.

(i) Counties and cities should select land use designations and implement zoning. Select appropriate commercial, industrial, and residential densities and their distribution based on the total analysis of land features, population and housing needs allocation to be supported, implementation of regional planning strategies, and needed capital facilities.

(i) It is strongly recommended that a table be included showing the acreage in each land use designation, the acreage in each implementing zone, the approximate densities that are assumed, and how this provides capacity for the 20-year allocations of housing need.

(ii) Counties and cities should prepare a future land use map including land use designations, municipal and urban growth area boundaries, and any other relevant features consistent with other elements of the comprehensive plan.

(j) Wherever possible, counties and cities should consider urban planning approaches that promote physical activity and reduce per capita vehicle miles traveled within the jurisdiction, but without increasing greenhouse gas emissions elsewhere in the state. Urban planning approaches that promote physical activity and reduce per capita vehicle miles traveled may include:

(i) Higher intensity residential or mixed-use land use designations to support walkable and diverse urban, town and neighborhood centers. Policies supporting higher intensity development may include, but are not limited to, encouraging compact and infill development, setting minimum housing density, increasing housing diversity and supply, and inclusionary zoning.

(ii) Transit-oriented districts around public transportation transfer facilities, rail stations, or higher intensity development along a corridor served by high quality transit service. Such districts should limit parking to encourage transit use.

(iii) Policies for siting or colocating public facilities such as schools, parks, libraries, community centers and athletic centers to place them within walking or cycling distance of their users.

(iv) Policies supporting linear parks and shared-use paths, interconnected street networks or other urban forms that support bicycle and pedestrian transportation and improve safety and accessibility.

(v) Policies supporting multimodal approaches, such as including complete streets principles in transportation planning and design, and other policies that promote reduction in per capita vehicle miles traveled to be consistent with other elements of the plan.

(vi) Traditional or main street commercial corridors with street front buildings and limited parking and driveway interruption.

(vii) Opportunities for promoting physical activity and reducing per capita vehicle miles traveled should be sought in existing as well as newly developing areas. Regulatory or policy barriers to promoting physical activity and reducing per capita vehicle miles traveled for new or existing development should also be removed or lessened where feasible.

(k) Counties and cities may prepare an implementation strategy describing the steps needed to accomplish the vision and the densities and distributions identified in the land use element. Where greater intensity of development is proposed, the strategy may include a design scheme to encourage new development that is compatible with existing or desired community character.

(l) Counties and cities may prepare a schedule for the phasing of the planned development contemplated consistent with the availability of capital facilities as provided in the capital facilities element. WAC 365-196-330 provides additional information regarding development phasing.

(m) Counties and cities should reassess the land use element in light of:

(i) The projected capacity for financing the needed capital facilities over the planning period; and

(ii) An assessment of whether the planned densities and distribution of growth can be achieved within the capacity of available land and water resources and without environmental degradation.

(n) Counties and cities should evaluate environmental health risk factors in communities to consider environmental justice in their land use goals and policies. Resources may be available through the department and other public or private entities.

History

Statutory Authority: RCW 36.70A.190 (4)(b), 36.70A.096, and 36.70A.190(8). WSR 26-01-181, s 365-196-405, filed 12/23/25, effective 1/23/26. Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 25-17-058, s 365-196-405, filed 8/15/25, effective 9/15/25
WSR 23-08-037, § 365-196-405, filed 3/29/23, effective 4/29/23
WSR 10-22-103, § 365-196-405, filed 11/2/10, effective 12/3/10
WSR 10-03-085, § 365-196-405, filed 1/19/10, effective 2/19/10.

Wash. Admin. Code § 365-196-410 Housing element.

(1) Requirements. Counties and cities must develop a housing element ensuring vitality and character of established residential neighborhoods. The housing element must contain at least the following features:

(a) An inventory and analysis of existing and projected housing needs that identifies the number of housing units necessary to manage projected growth, as provided by the department, including units for moderate, low, very low, and extremely low-income households, and emergency housing, emergency shelters, and permanent supportive housing.

(b) A statement of the goals, policies, objectives, and mandatory provisions for the preservation, improvement, and development of housing, including single-family residences, and within an urban growth area boundary, moderate density housing options including, but not limited to, duplexes, triplexes, and townhomes.

(c) Identification of sufficient land for housing including, but not limited to, government-assisted housing, housing for moderate, low, very low, and extremely low-income households, manufactured housing, multifamily housing, group homes, foster care facilities, emergency housing, emergency shelters, permanent supportive housing, and within an urban growth area boundary, consideration of duplexes, triplexes, and townhomes.

(d) Adequate provisions for existing and projected housing needs of all economic segments of the county or city including:

(i) Incorporating consideration for low, very low, extremely low, and moderate-income households;

(ii) Documenting programs and actions needed to achieve housing availability including gaps in local funding, barriers such as development regulations, and other limitations;

(iii) Consideration of housing locations in relation to employment location; and

(iv) Consideration of the role of accessory dwelling units in meeting housing needs.

(e) Identification of local policies and regulations that result in racially disparate impacts, displacement, and exclusion in housing, including zoning that may have a discriminatory effect, disinvestment, and infrastructure availability.

(f) Identification and implementation of policies and regulations to address and begin to undo racially disparate impacts, displacement, and exclusion in housing caused by local policies, plans, and actions.

(g) Identification of areas that may be at higher risk of displacement from market forces that occur with changes to zoning development regulations and capital investments.

(h) Establishment of antidisplacement policies, with consideration given to the preservation of historical and cultural communities as well as investments in low, very low, extremely low, and moderate-income housing; equitable development initiatives; inclusionary zoning; community planning requirements; tenant protections; land disposition policies; and consideration of land that may be used for affordable housing.

(2) Recommendations for meeting requirements. The housing element shows how a county or city will accommodate anticipated growth and the allocated share of countywide housing needs of all economic segments (low, very low, extremely low, and moderate-income housing, permanent supportive housing, and emergency housing/shelters), provide a variety of housing types at a variety of densities, identify barriers to affordable housing for all economic segments of the county or city and actions to address housing availability, ensure the vitality of established residential neighborhoods, and address racially disparate impacts, exclusion and displacement in housing. The analysis of emergency housing and emergency shelters may be grouped together in the housing element. The following components should appear in the housing element:

(a) Statement of goals, policies, and mandatory provisions.

(i) The goals and policies serve as a guide to the creation and adoption of development regulations and may also guide the exercise of discretion in the permitting process.

(ii) The housing goals and policies of counties and cities should be consistent with countywide planning policies and, where applicable, multicounty planning policies.

(iii) Housing goals and policies should address at least the following:

(A) Housing affordable to all economic segments of the population;

(B) A variety of housing types along with a variety of densities;

(D) Consideration of character of established residential neighborhoods;

(E) Improvement and development of housing; and

(F) Within urban growth areas, provision of moderate density housing options including, but not limited to, duplexes, triplexes, and townhomes.

(iv) Housing goals and policies should be written to allow the evaluation of progress toward achieving the housing element's goals and policies.

(v) Mandatory provisions include a summary of required changes to accompany a comprehensive plan for consistency with state law. This includes, but is not limited to, a statement of regulatory changes needed to show sufficient land capacity and regulatory and policy changes needed to meet state law requirements.

(b) Housing inventory.

(i) The purpose of the required inventory is to gauge the availability of existing housing for all economic segments of the county or city.

(ii) The inventory should identify the amount of various types of housing that exist in a county or city. The act does not require that a housing inventory be in a specific form. Counties and cities should consider WAC 365-196-050 (3) and (4) when determining how to meet the housing inventory requirement and may rely on existing data.

(iii) The housing inventory should show the affordability of different types of housing, based on available data about the median sales prices of homes and average rental prices.

(iv) The housing inventory should include information about other types of housing available within the county or city such as:

(A) The number of beds available in group homes, nursing homes and/or assisted living facilities;

(B) The number of dwelling units available specifically for senior citizens;

(D) The number of units of permanent supportive housing and transitional housing, and the number of units or beds of indoor emergency shelter and indoor emergency housing.

(i) The purpose of the needs analysis is to estimate the type and densities of future housing needed to serve all economic segments of the county or city. The housing needs analysis should compare the number of housing units identified in the housing inventory by economic segment to the local allocation of projected 20-year countywide housing needs by economic segment to determine the total number of net new units needed.

(ii) When considering local shares of countywide housing need, counties and cities should consider the regional context of growth patterns, existing housing, neighboring jurisdictions and economies.

(iii) Counties should determine the local share of countywide housing needs by economic segment by coordinating with their cities and towns based on applicable countywide planning policies and multicounty planning policies, the availability of infrastructure and services, and other locally determined factors. When allocating projected housing needs, counties and cities should use the following minimum standards:

(A) The housing needs for each economic segment, permanent supportive housing, and emergency housing must use the same locally selected population projection as the input for the housing need projections provided by the department.

(B) Allocations must be consistent with relevant countywide planning policies or multicounty planning policies.

(C) The sum of all allocated housing needs must be no less than the total projected countywide need for each economic segment including permanent supportive housing and emergency housing. Within city limits, cities may choose to plan for more capacity than the allocated housing need if it is supported by necessary infrastructure and services and coordinated with surrounding jurisdictions.

(D) Counties should not plan for very low- or extremely low-income housing, permanent supportive housing or emergency housing outside of urban growth areas and LAMIRDs. New multifamily housing is generally required to reach these affordability levels, which is not appropriate in rural areas.

(E) Counties' and cities' allocations of projected housing needs by economic segment, permanent supportive housing and emergency housing must be in a public-facing document and used consistently in their comprehensive plans.

(iv) Counties and cities should analyze housing data by race to determine if there is evidence of racially disparate impacts, displacement and exclusion in housing, as well as identify areas at higher risk of displacement.

(d) Housing capacity.

(i) The housing needs analysis should identify the number, types, and general densities of new housing units needed to serve the local allocation of housing needs by economic segment.

(ii) To determine the number, types, and general densities needed, counties and cities should identify the types and densities of different housing types that will serve respective economic segments. For example, larger single family housing will likely serve households above moderate income (greater than 120 percent of Area Median Income) and could possibly serve moderate income households (80-120 percent AMI), therefore counties and cities should assume that capacity for those economic segments are met by the residential capacity of zones where this is the predominant housing type constructed.

(iii) Counties and cities should use the number, types, and densities of housing needed in the housing needs analysis to designate sufficient land capacity suitable for development in the land use element. Counties and cities may address accommodating capacity for housing needs at moderate-income levels and below by:

(A) Counting capacity for accessory dwelling units. Counties and cities should only assume a portion of residential parcels will develop an accessory dwelling unit within the planning period, based on market trends, infrastructure constraints, and existing homeownership association covenants. Accessory dwelling units should be counted towards capacity of the economic segment that best represents the costs of renting or purchasing this housing in the county or city.

(B) Increasing the variety of housing types allowed, increasing densities, and reducing parking requirements.

(C) Developing local incentives for more affordable housing, such as density bonuses, tax exemptions like the multifamily property tax exemption program, or fee or impact waivers for affordable housing. Counties and cities may also require affordable housing with market rate housing.

(iv) Counties and cities may use a variety of considerations to identify appropriate housing types, densities, and location of housing to accommodate housing needs, including:

(A) Location of low-income housing in proximity to jobs, transportation, services, and infrastructure.

(B) Jobs-to-housing balance, which is the number of jobs in a county or city relative to the number of housing units.

(C) The location of infrastructure and the costs to upgrade or extend needed infrastructure to serve higher density housing.

(D) Housing policies and regulations that have led to racially disparate impacts, exclusion, displacement, or displacement risk.

(E) Reasonable measures to address inconsistencies found in buildable lands reports prepared under RCW 36.70A.215.

(F) Housing needed to address an observed pattern of a larger quantity of second homes in destination communities.

(v) To demonstrate sufficient land capacity to meet the 20-year housing needs allocation, counties and cities should document in the housing element or an appendix:

(A) Their calculations for determining residential capacity in each zone including the data and assumptions used for acreages, densities, and market factors influencing development. The analysis must also show assumptions for which economic segments can afford the allowed housing types and densities. The calculations must also show the capacity for emergency housing and shelters by zone.

(B) The total capacity of housing units by economic segment compared to the 20-year housing needs allocation by economic segment, presented in a table;

(C) The zoning changes needed to provide a sufficient capacity of housing at all economic segments and an estimate of housing capacity by income segment under the updated zoning, to illustrate changes needed to address deficiencies. This should include emergency housing and shelters and permanent supportive housing. Jurisdictions must demonstrate that the zoning changes create housing capacity for each economic segment equal to or greater than allocated housing needs; and

(D) Calculations and analysis consistent with the department's technical guidance for performing a land capacity analysis.

(vi) The housing needs by economic segment in the housing element will serve as benchmarks to evaluate progress and guide decisions regarding development regulations.

(e) Adequate provisions. RCW 36.70A.070 requires counties and cities, in their housing element, to make adequate provisions for existing and projected needs for all economic segments of the county or city. All economic segments must include moderate, low, very low, and extremely low-income households and emergency housing, emergency shelter, and permanent supportive housing needs. Affordable housing under RCW 36.130.020 includes indoor emergency housing and transitional housing administered through a lease and permanent supportive housing.

(i) When determining which housing units are affordable, consider:

(A) In the case of dwelling units for sale, affordable housing has mortgages, amortization, taxes, insurance and condominium or association fees, if any, that consume no more than 30 percent of the owner's gross annual household income.

(B) In the case of dwelling units for rent, affordable housing has rent and utility costs, other than telephone, as defined by the county or city, that cost no more than 30 percent of the tenant's gross annual household income.

(C) Income ranges used when considering affordability. When planning for affordable housing, counties or cities should use income ranges consistent with the department's model for housing needs and the United States Department of Housing and Urban Development (HUD).

(ii) Adequate housing for all economic segments within the county or city requires planning from a regional perspective. Countywide planning policies must address housing affordable to all economic segments and its distribution among counties and cities.

Countywide planning policies should include consideration of the distribution of housing needs to begin to undo racially disparate impacts, exclusion, and displacement.

(iii) To make adequate provisions, counties and cities should identify barriers to addressing housing needs for all economic segments of the population, along with, but not limited to, development regulations, process obstacles, and funding gaps. Counties and cities should document the programs and actions needed to achieve housing availability, including the removal of housing barriers, through changes to development regulations, processes, incentives, and local funding opportunities. Jurisdictions should begin to take actions to address these barriers upon adoption of the plan.

(A) Examples of development regulation barriers include, but are not limited to, unclear or inconsistent development regulations, prohibiting more affordable housing types, large lot sizes, low maximum densities or building heights, large setbacks, and high off-street parking requirements.

(B) Examples of process obstacles include, but are not limited to, conditional use permit processes; lengthy or cumbersome design review; lack of clear information on processes and fees; high permitting, impact, or utility connection fees; and long permitting processing times.

(C) Examples of local funding opportunities include, but are not limited to, housing and related services sales tax, affordable housing property tax levy, real estate excise taxes, designating surplus lands for affordable housing projects, impact fee reductions or waivers for affordable housing projects in compliance with RCW 39.33.015, and the multi-family property tax exemption program.

(iv) The actions to address housing availability and barriers to housing production serve as benchmarks to evaluate progress and guide decisions regarding development regulations.

(v) When planning for all economic segments through housing capacity or adequate provisions, counties and cities should consider housing locations in relation to employment. This includes consideration of higher densities and capacities in proximity to employment centers, the location of housing in relation to public transit to employment centers, and consideration of the types of housing that local employees can afford.

(vi) Accessory dwelling units can help meet local housing needs. Counties and cities should consider the kinds of accessory dwelling units most likely to develop in their county or city, how the units will be used, anticipated capacity to accommodate project needs, and the barriers to developing the units.

(f) Racially disparate impacts, displacement, exclusion, and displacement risk.

(i) To identify and remove those policies and regulations that create and perpetuate inequitable housing outcomes, the department recommends counties and cities:

(A) Engage with the community. Identify the communities that may be experiencing disparate impacts, exclusion, or displacement, specifically communities that identify as Black, Indigenous, and People of Color (BIPOC), and develop a program of community engagement to support your analysis and assessment of racially disparate impacts in your existing policies and regulations.

(B) Gather and analyze data. Analyze data to assess racially disparate impacts, displacement, and exclusion in housing, and identify areas at risk of displacement. Analyze data by race and/or ethnicity in connection with the housing needs analysis. Counties and cities should engage impacted people and communities and other knowledgeable stakeholders to help interpret the findings from the analysis and provide greater insight into the factors that may cause racially disparate impacts in local housing policies or regulations.

(C) Evaluate policies. Based on information from (f)(i)(A) and (B) of this subsection, review existing housing policies and identify changes or new policies and regulations to address and begin to undo the racially disparate impacts and exclusion in housing and address displacement impacts.

(D) Revise policies. Revise existing policies to reduce and undo the disparate impacts, displacement, and exclusion, and develop policies to prevent displacement.

(E) Review and update regulations. Review and update regulations to achieve the goals and policies of the housing element in (f)(i)(D) of this subsection.

(ii) A variety of policy and regulatory solutions are available to counties and cities to address racially disparate impacts, exclusion, and displacement, including:

(A) Increasing affordable housing production through the generation of revenue for affordable housing and/or encouraging more affordable housing production through options such as, but not limited to, affordable housing incentive programs, density bonuses, zoning reforms, tax incentives, and fee waiver programs.

(B) Preservation of existing affordable housing through programs or policies including, but not limited to, mobile home park preservation or conversion to cooperative, supporting third-party purchases of existing affordable housing, creation of community land trusts, notice of intent to sell ordinances, and regulating short-term rentals.

(C) Protecting existing communities and households through programs or policies including, but not limited to, homeownership programs, such as those that support financial assistance to low-income homeowners or home repair and rehabilitation assistance; rental assistance; and tenant protections, such as right to return policies, rental inspection and registry programs, deferral of taxes, and tenant opportunity to purchase programs.

(D) Ensuring benefits of investment and development are equitably distributed through programs such as community benefit agreements, support of community-led investments, or monitoring of equitable outcomes.

(g) Implementation plan.

(i) The housing element should identify strategies designed to help meet the needs identified for all economic segments of the population within the planning area and the actions needed to remove barriers to local housing needs. It should include, but not be limited to, the following:

(A) Consideration of the range of housing choices to be encouraged including, but not limited to, multifamily housing, mixed uses, manufactured houses, accessory dwelling units, and detached houses;

(B) Consideration of various lot sizes and densities, and of clustering and other design configurations;

(C) Consideration of incentives to encourage development of affordable housing such as density bonuses, fee waivers or exemptions, parking reductions, and expedited permitting;

(D) Identification of a sufficient amount of appropriately zoned land to accommodate the identified housing needs of all economic segments over the planning period; and

(E) Evaluation of the capacity of local public and private entities and the availability of financing to produce housing to meet the identified need.

(ii) The housing element should also address how the county or city will provide for group homes, foster care facilities, and facilities for other populations with special needs, including indoor emergency housing, transitional housing, shelters, and permanent supportive housing. The housing element should provide for an equitable distribution of these facilities among neighborhoods within the county or city.

(iii) The housing element should identify strategies designed to ensure the vitality and character of existing neighborhoods. It should show how growth and change will preserve or improve existing residential qualities. The housing element may not focus on one requirement (e.g., preserving existing housing) to the exclusion of the other requirements (e.g., affordable housing) in RCW 36.70A.070(2). It should explain how various needs are reconciled.

(iv) The housing element should include provisions to monitor the performance of its housing strategy. A monitoring program may include the following:

(A) The collection and analysis of information about the housing market;

(B) Data about the supply of developable residential building lots at various land-use densities and the supply of rental and for-sale housing at various price levels;

(C) A comparison of actual housing development to the housing need allocations, policies and goals contained in the housing element;

(D) Identification of thresholds at which steps should be taken to adjust and revise goals and policies;

(E) A description of the types of adjustments and revisions that the county or city may consider; and

(F) Coordination with review and evaluation reports. For counties and cities subject to the buildable lands review and evaluation report requirements of RCW 36.70A.215, and the implementation progress report required in RCW 36.70A.130(9), any revision of the housing element shall include consideration of prior buildable lands reports and any reasonable measures identified.

History

Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 25-17-058, s 365-196-410, filed 8/15/25, effective 9/15/25
WSR 23-08-037, § 365-196-410, filed 3/29/23, effective 4/29/23
WSR 10-03-085, § 365-196-410, filed 1/19/10, effective 2/19/10.

Wash. Admin. Code § 365-196-415 Capital facilities element.

(1) Requirements. The capital facilities element of a comprehensive plan must contain at least the following features:

(a) An inventory of existing capital facilities owned by public entities, including green infrastructure, also referred to as "public facilities," showing the locations and capacities of the capital facilities;

(b) A forecast of the future needs for such capital facilities based on the land use element;

(d) At least a six-year plan that will finance such capital facilities within projected funding capacities and clearly identifies sources of public money for such purposes; and

(e) A requirement to reassess the land use element if probable funding falls short of meeting existing needs and to ensure that the land use element, capital facilities plan element, and financing plan within the capital facilities plan element are coordinated and consistent. Park and recreation facilities shall be included in the capital facilities plan element.

The county or city shall identify all public entities that own capital facilities and endeavor in good faith to work with other public entities, such as special districts, to gather and include within its capital facilities element the information required by this subsection. If, after a good faith effort, the county or city is unable to gather the information required by this subsection from the other public entities, the failure to include such information in its capital facilities element cannot be grounds for a finding of noncompliance or invalidity under this act. A good faith effort must, at a minimum, include consulting the public entity's capital facility or system plans and emailing and calling the staff of the public entity.

(2) Recommendations for meeting requirements.

(a) Inventory of existing facilities.

(i) Counties and cities should create an inventory of existing capital facilities showing locations and capacities, including the extent to which existing facilities have capacity available for future growth.

(ii) Capital facilities involved should include, at a minimum, water systems, sanitary sewer systems, stormwater facilities, reclaimed water facilities, schools, parks and recreational facilities, police and fire protection facilities.

(iii) Capital facilities that are needed to support other comprehensive plan elements, such as transportation, the parks and recreation or the utilities elements, may be addressed in the capital facility element or in the specific element.

(iv) Counties and cities should periodically review and update the inventory. At a minimum this review must occur as part of the periodic update required by RCW 36.70A.130(1). Counties and cities may also maintain this inventory annually in response to changes in the annual capital budget.

(v) Counties and cities should consider where infrastructure availability or lack thereof may have resulted in racially disparate impacts, displacement, or exclusion in housing as a result of local policies or regulations. Where the lack of infrastructure limits the ability to achieve infill development, cities required to allow middle housing must plan for adequate infrastructure, such as sewer, to allow new infill development.

(b) Forecast of future needs.

(i) Counties and cities should forecast needs for capital facilities during the planning period, based on the levels of service or planning assumptions selected and consistent with the growth, densities and distribution of growth anticipated in the land use element. The forecast should include reasonable assumptions about the effect of any identified system management or demand management approaches to preserve capacity or avoid the need for new facilities.

(ii) The capital facilities element should identify all capital facilities that are planned to be provided within the planning period, including general location and capacity.

(A) Counties and cities should identify those improvements that are necessary to address existing deficiencies or to preserve the ability to maintain existing capacity.

(B) Counties and cities should identify those improvements that are necessary for development.

(C) Counties and cities may identify any other improvements desired to raise levels of services above locally adopted minimum standards, to enhance the quality of life in the community or meet other community needs not related to growth such as administrative offices, courts or jail facilities. Counties and cities are not required to set level of service standards for facilities that are not necessary for development. Because these facilities are not necessary for development, the failure to fund these facilities as planned would not require a reassessment of the land use element if funding falls short as required by RCW 36.70A.070 (3)(e).

(D) Counties and cities should consider improvements to address and begin to undo racially disparate impacts, displacement, or exclusion in housing caused by disinvestment or lack of infrastructure availability as detailed in RCW 36.70A.070 (2)(e) and (f).

(i) The capital facilities element should include creation of at least a six-year capital facilities plan for financing capital facilities needed within that time frame. Counties and cities should forecast projected funding capacities based on revenues available under existing laws and ordinances, followed by the identification of sources of public or private funds for which there is reasonable assurance of availability. Where the services and capital facilities are provided by other entities, these other providers should provide financial information as well. If the funding strategy relies on new or previously untapped sources of revenue, the capital facilities element should include an estimate of new funding that will be supplied. Adoption of the development regulations or other actions to secure these funding sources should be included in the implementation strategy.

(ii) The six-year plan should be updated at least biennially so financial planning remains sufficiently ahead of the present for concurrency to be evaluated. Such an update of the capital facilities element may be integrated with the county's or city's annual budget process for capital facilities.

(d) Reassessment.

(i) Counties and cities must reassess the land use element and other elements of the comprehensive plan if the probable funding falls short of meeting the need for facilities that are determined by a county or city to be necessary for development. Counties and cities should identify a mechanism to periodically evaluate the adequacy of public facilities based on adopted levels of service or other objective standards. The evaluation should determine if a combination of existing and funded facilities are adequate to maintain or exceed adopted level of service standards.

(ii) This evaluation must occur, at a minimum, as part of the periodic review and update required in RCW 36.70A.130 (1) and (3) and as major changes are made to the capital facilities element.

(iii) If public facilities are inadequate, local governments must address this inadequacy. If the reassessment identifies a lack of adequate public facilities, counties and cities may use a variety of strategies including, but not limited to, the following:

(A) Reducing demand through demand management strategies;

(B) Reducing levels of service standards;

(D) Reducing the cost of the needed facilities;

(E) Reallocating or redirecting planned population and employment growth within or among counties or cities in the urban growth area to make better use of existing facilities;

(F) Phasing growth or adopting other measures to adjust the timing of development, if public facilities or services are lacking in the short term for a portion of the planning period;

(G) Revising countywide population forecasts within the allowable range, or revising the countywide employment forecast.

(3) Relationship between the capital facilities element and the land use element.

(a) Providing adequate public facilities is a component of the affirmative duty created by the act for counties and cities to accommodate the growth that is selected and allocated, to provide sufficient capacity of land suitable for development, to make adequate provisions for existing and projected needs of all economic segments of the population, and to permit urban densities.

(b) The needs for capital facilities should be dictated by the land use element. The future land use map designates sufficient land use densities, intensities, and housing types to accommodate the population and employment that is selected and allocated. The land uses and assumed densities identified in the land use element determine the location and timing of the need for new or expanded facilities.

(c) A capital facilities element includes the new and expanded facilities necessary for growth over the 20-year life of the comprehensive plan. Facilities needed for new growth, combined with needs for maintenance and rehabilitation of the existing systems, and the need to address existing deficiencies constitutes the capital facilities demand.

(4) Relationship between the capital facilities element and the housing element. Capital investments must identify areas that may be of higher risk of displacement per WAC 365-196-410 (1)(g).

(5) Relationship to plans of other service providers or plans adopted by reference. A county or city should not meet their responsibility to prepare a capital facilities element by relying only on assurances of availability from other service providers. When system plans or master plans from other service providers are adopted by reference, counties and cities should do the following:

(a) Summarize this information within the capital facilities element;

(b) Synthesize the information from the various providers to show that the actions, taken together, provide adequate public facilities; and

(6) Relationship between growth and provision of adequate public facilities.

(a) Counties and cities should identify in the capital facility element which types of facilities it considers to be necessary for development.

(i) Counties and cities should identify facilities as necessary for development if the need for new facilities is reasonably related to the impacts of development.

(ii) Capital facilities must be identified as necessary for development if a county or city imposes an impact fee as a funding strategy for those facilities.

(iii) In urban areas, all facilities necessary to achieve urban densities must be identified as necessary for development.

(b) For those capital facilities deemed necessary for development, adequate public facilities may be maintained as follows:

(i) Transportation facilities are the only facilities required to have a concurrency mechanism, although a local government may adopt a concurrency mechanism for other facilities that are deemed necessary for development.

(ii) Counties and cities should determine which capital facilities will be required as a condition of project approval, but not subject to concurrency. These may include, for example: Capital facilities required to ensure adequate water availability, capital facilities necessary to handle wastewater, and capital facilities necessary to manage stormwater.

(iii) For capital facilities that are necessary for development, but not identified in subsection (2)(b)(ii)(A) or (B) of this section, counties and cities should set a minimum level of service standard, or provide some other objective basis for assessing the need for new facilities or capacity. This standard must be indicated as the baseline standard, below which the jurisdiction will not allow service to fall. Policies must require periodic analysis to determine if the adopted level of service is being met consistent with this section. If applicable, this analysis should be included in the implementation progress report required in RCW 36.70A.130(9).

History

Statutory Authority: RCW 36.70A.190 (4)(b), 36.70A.096, and 36.70A.190(8). WSR 26-01-181, s 365-196-415, filed 12/23/25, effective 1/23/26. Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 25-17-058, s 365-196-415, filed 8/15/25, effective 9/15/25
WSR 23-08-037, § 365-196-415, filed 3/29/23, effective 4/29/23
WSR 15-04-039, § 365-196-415, filed 1/27/15, effective 2/27/15
WSR 10-03-085, § 365-196-415, filed 1/19/10, effective 2/19/10.

Wash. Admin. Code § 365-196-420 Utilities element.

(1)(a) Requirements. The utilities element shall contain at least the following features: The general location, proposed location, and capacity of all existing and proposed utilities including, but not limited to, electrical, telecommunication, and natural gas systems.

(b) The county or city shall identify all public entities that own utility systems and endeavor in good faith to work with other public entities, such as special purpose districts, to gather and include within its utilities element the information required in (a) of this subsection. However, if, after a good faith effort, the county or city is unable to gather the information required in (a) of this subsection from the other public entities, the failure to include such information in the utilities element shall not be grounds for a finding of noncompliance or invalidity under this act. A good faith effort must, at a minimum, include consulting the public entity's capital facility or system plans, and emailing and calling the staff of the public entity.

(2) Recommendations for meeting requirements. Counties and cities should consider the following:

(a) The general location and capacity of existing and proposed utility facilities should be integrated with the land use element. Proposed utilities are those awaiting approval when the comprehensive plan is adopted.

(b) In consultation with serving utilities, counties and cities should prepare an analysis of the capacity needs for various utilities over the planning period, to serve the growth anticipated at the locations and densities proposed within the county's or city's planning area. The capacity needs analysis should include consideration of comprehensive utility plans, least-cost plans, load forecasts, and other planning efforts.

(c) The utility element should identify the general location of utility systems and facilities required to furnish anticipated capacity needs for the planning period. This should be developed in consultation with serving utilities as a part of the process of identifying lands useful for public purposes.

(d) Counties and cities should evaluate whether any utilities should be identified and classified as essential public facilities, subject in cases of siting difficulty to the separate siting process established under the comprehensive plan for such facilities.

(e) Counties and cities should evaluate whether any utility facilities within their planning area are subject to countywide planning policies for siting public facilities of a countywide or statewide nature.

(f) Counties and cities should include local criteria for siting utilities over the planning period, including:

(i) Consideration of whether a siting proposal is consistent with the locations and densities for growth as designated in the land use element.

(ii) Consideration of any public service obligations of the utility involved.

(iii) Evaluation of whether the siting decision will adversely affect the ability of the utility to provide service throughout its service area.

(iv) Balancing of local design considerations against articulated needs for system-wide uniformity.

(g) Counties and cities should adopt policies that call for:

(i) Joint use of transportation rights of way and utility corridors, where possible.

(ii) Timely and effective notification of interested utilities about road construction, and of maintenance and upgrades of existing roads to facilitate coordination of public and private utility trenching activities.

(iii) Consideration of utility permit applications simultaneously with the project permit application for the project proposal requesting service and, when possible, approval of utility permits when the project permit application for the project to be served is approved.

(iv) Municipal utilities to reduce or waive connection fees for affordable housing. This includes properties owned or developed by, or on behalf of, a nonprofit organization, public development authority, housing authority, or a local agency that provides emergency shelter or emergency housing, transitional housing, permanent supportive housing, or other affordable housing consistent with chapter 35.95 RCW.

(v) Cooperation and collaboration between the county or city and the utility provider to develop vegetation management policies and plans for utility corridors.

(A) Coordination and cooperation between the county or city and the utility provider to educate the public on avoiding preventable utility conflicts through choosing proper vegetation (i.e., "Right Tree, Right Place").

(B) Coordination and cooperation between the county or city and the utility provider to reduce potential critical areas conflicts through the consideration of alternate utility routes, expedited vegetation management permitting, coordinated vegetation management activities, and/or long-term vegetation management plans.

(h) Adjacent counties and cities should coordinate to ensure the consistency of each jurisdiction's utilities element and regional utility plan, and to develop a coordinated process for siting regional utility facilities in a timely manner.

History

Statutory Authority: RCW 36.70A.190 (4)(b), 36.70A.096, and 36.70A.190(8). WSR 26-01-181, s 365-196-420, filed 12/23/25, effective 1/23/26. Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 25-17-058, s 365-196-420, filed 8/15/25, effective 9/15/25
WSR 23-08-037, § 365-196-420, filed 3/29/23, effective 4/29/23
WSR 10-03-085, § 365-196-420, filed 1/19/10, effective 2/19/10.

Wash. Admin. Code § 365-196-425 Rural element.

Counties must include a rural element in their comprehensive plan. This element shall include lands that are not designated for urban growth, agriculture, forest, or mineral resources. The rural element shall permit land uses that are compatible with the rural character of such lands and provide for a variety of rural densities.

(1) Developing a written record. When developing the rural element, a county may consider local circumstances in establishing patterns of rural densities and uses, but must develop a written record explaining how the rural element harmonizes the planning goals in the act and meets the requirements of the act. This record should document local circumstances the county considered and the historic patterns of development in the rural areas.

(2) Establishing a definition of rural character.

(a) The rural element shall include measures that apply to rural development and protect rural character. Counties must define rural character to guide the development of the rural element and the implementing development regulations.

(b) The act identifies rural character as patterns of land use and development that:

(i) Allow open space, the natural landscape, and vegetation to predominate over the built environment;

(ii) Foster traditional rural lifestyles, rural-based economies, and opportunities to both live and work in rural areas;

(iii) Provide visual landscapes that are traditionally found in rural areas and communities;

(iv) Are compatible with the use of land by wildlife and for fish and wildlife habitat;

(v) Reduce the inappropriate conversion of undeveloped land into sprawling, low-density development;

(vi) Generally do not require the extension of urban governmental services; and

(vii) Are consistent with protection of natural surface water flows and groundwater and surface water recharge and discharge areas.

(c) Counties should adopt a locally appropriate definition of rural character. Rural areas are diverse in visual character and in density, across the state and across a particular county. Rural development may consist of a variety of densities and uses. It may, for example, include clustered residential development at levels consistent with the preservation of rural character. Counties should define rural development both in terms of its visual character and in terms of the density and intensity of uses. Defining rural development in this way allows the county to use its definition of rural development both in its future land use designations and in its development regulations governing rural development.

(3) Rural densities.

(a) The rural element should provide for a variety of densities that are consistent with the pattern of development established in its definition of rural character. The rural comprehensive plan designations should be shown on the future land use map. Rural densities are a range of densities that:

(i) Are compatible with the primary use of land for natural resource production;

(ii) Do not make intensive use of the land;

(iii) Allow open space, the natural landscape, and vegetation to predominate over the built environment;

(iv) Foster traditional rural lifestyles, rural-based economies, and opportunities to both live and work in rural areas;

(v) Provide visual landscapes that are traditionally found in rural areas and communities;

(vi) Are compatible with the use of the land by wildlife and for fish and wildlife habitat;

(vii) Reduce the inappropriate conversion of undeveloped land into sprawling, low-density development;

(viii) Generally do not require the extension of urban governmental services;

(ix) Are consistent with the protection of natural surface water flows and groundwater and surface water recharge and discharge areas; and

(x) Do not create urban densities in rural areas or abrogate the county's responsibility to encourage new development in urban areas.

(b) Counties should consider the adverse impact of wildfires when establishing rural densities. Counties may reduce rural densities in areas vulnerable to wildland fires as a mitigation strategy to protect natural resource lands, critical areas, water quality, or rural character.

(c) Counties should perform a periodic analysis of development occurring in rural areas, to determine if patterns of rural development are protecting rural character and encouraging development in urban areas. This analysis should occur along with the urban growth area review required in RCW 36.70A.130 (3)(a) and the implementation progress report required in RCW 36.70A.130(9). The analysis may include the following:

(i) Patterns of development occurring in rural areas.

(ii) The percentage of new growth occurring in rural versus urban areas.

(iii) Patterns of rural comprehensive plan or zoning amendments.

(iv) Numbers of permits issued in rural areas.

(v) Numbers of new approved wells and septic systems.

(vi) Growth in traffic levels on rural roads.

(vii) Growth in public facilities and public services costs in rural areas.

(viii) Changes in rural land values and rural employment.

(ix) Potential build-out at the allowed rural densities.

(x) The degree to which the growth that is occurring in the rural areas is consistent with patterns of rural land use and development established in the rural element.

(4) Rural governmental services.

(a) Rural governmental services are those public facilities and services historically and typically delivered at intensities usually found in rural areas, and may include the following:

(i) Domestic water system;

(ii) Fire and police protection;

(iii) Transportation and public transportation; and

(iv) Public utilities, such as electrical, telecommunications and natural gas lines.

(b) Rural services do not include storm or sanitary sewers. Urban governmental services that pass through rural areas when connecting urban areas do not constitute an extension of urban services into a rural area provided those public services are not provided in the rural area. Sanitary sewer service may be provided only if it:

(i) Is necessary to protect basic public health and safety and the environment;

(ii) Is financially supportable at rural densities; and

(iii) Does not permit urban development.

(c) When establishing levels of service in the capital facilities and transportation element, each county should establish rural levels of service, for those rural services that are necessary for development, to determine if it is providing adequate public facilities. Counties are not required to use a single level of service for the entire rural area and may establish varying levels of service for public services in different rural areas. Where private purveyors or other public entities provide rural services, counties should coordinate with them to establish and document appropriate levels of service.

(d) Rural areas typically rely on natural systems to adequately manage stormwater and typically rely on on-site sewage systems to treat wastewater. Development in rural areas also typically relies on individual wells, exempt wells or small water systems for water. Counties should ensure the densities it establishes in rural areas do not overwhelm the ability of natural systems to provide these services without compromising either public health or the vitality of the surrounding ecosystem.

(e) Rural road systems are not typically designed to handle large traffic volumes. Local conditions may influence varying levels of service for rural road system, and level of service standards for rural arterials should be set accordingly. Generally, level of service standards should reflect the expectation that high levels of local traffic and the associated road improvements are not usually associated with rural areas.

(f) Levels of public services decrease, and corresponding costs increase when demand is spread over a large area. This is especially true for public safety services and both school and public transportation services. Counties should provide clear expectations to the public about the availability of rural public services. Counties should ensure the densities it establishes in rural areas do not overwhelm the capacity of rural public services.

(5) Innovative zoning techniques.

(a) Innovative zoning techniques allow greater flexibility in rural development regulations to create forms of development that are more consistent with rural character than forms of development generated by conventional large-lot zoning. Innovative zoning techniques may allow forms of rural development that:

(i) Result in rural development that is more visually compatible with the surrounding rural areas;

(ii) Maximize the availability of rural land for either resource use or wildlife habitat;

(iii) Increase the operational compatibility of the rural development with use of the land for resource production;

(iv) Decrease the impact of the rural development on the surrounding ecosystem;

(v) Does not allow urban growth; and

(vi) Does not require the extension of urban governmental services.

(b) Rural clusters. One common form of innovative zoning technique is the rural cluster. A rural cluster can create smaller individual lots than would normally be allowed in exchange for open space that preserves a significant portion of the original parcel.

(i) When calculating the density of development for zoning purposes, counties should calculate density based on the number of dwelling units over the entire development parcel, rather than the size of the individual lots created.

(ii) The open space portion of the original parcel should be held by an easement, parcel or tract for open space or resource use. This should be held in perpetuity, without an expiration date.

(iii) If a county allows bonus densities in a rural cluster, the resulting density after applying the bonus must be a rural density.

(iv) Rural clusters may not create a pattern of development that relies on or requires urban governmental services. Counties should establish a limit on the size of the residential cluster so that a cluster does not constitute urban growth in a rural area. A very large project may create multiple smaller clusters that are separated from each other and use a different access point to avoid creating a pattern of development that would constitute urban growth.

(v) Development regulations governing rural clusters should include design criteria that preserve rural visual character.

(6) Limited areas of more intense rural development. The act allows counties to plan for isolated pockets of more intense development in the rural area. These are referred to in the act as limited areas of more intense rural development or LAMIRDs.

(a) LAMIRDs serve the following purposes:

(i) To recognize existing areas of more intense rural development and to minimize and contain these areas to prevent low density sprawl;

(ii) To allow for small-scale commercial uses that rely on a rural location;

(iii) To allow for small-scale economic development and employment consistent with rural character; and

(iv) To allow for redevelopment of existing industrial areas within rural areas.

(b) An existing area or existing use is one that was in existence on the date the county became subject to all of the provisions of the act:

(i) For a county initially required to fully plan under the act, on July 1, 1990.

(ii) For a county that chooses to fully plan under the act, on the date the county adopted the resolution under RCW 36.70A.040(2).

(iii) For a county that becomes subject to all of the requirements of the act under RCW 36.70A.040(5), on the date the office of financial management certifies the county's population.

(c) Counties may allow for more intensive uses in a LAMIRD than would otherwise be allowed in rural areas and may allow public facilities and services that are appropriate and necessary to serve LAMIRDs subject to the following requirements:

(i) Type 1 LAMIRDs - Isolated areas of existing more intense development. Within these areas, rural development consists of infill, development, or redevelopment of existing areas. These areas may include a variety of uses including commercial, industrial, residential, or mixed-use areas. These may be also characterized as shoreline development, villages, hamlets, rural activity centers, or crossroads developments.

(A) Development or redevelopment in LAMIRDs may be both allowed and encouraged if it is consistent with local character and if existing providers of public facilities and public services confirm there is sufficient capacity of existing public facilities and public services to serve new or additional demand. Counties may allow new uses of property within a LAMIRD, including development of vacant land.

(B) Allowed commercial development or redevelopment. Any commercial development or redevelopment within a mixed use area must be principally designed to serve the existing and projected rural population and must meet the following requirements:

(I) Any included retail or food service space must not exceed the footprint of previously occupied space or 5,000 square feet, whichever is greater, for the same or similar use; unless the retail space is for an essential rural retail service and the designated limited area is located at least 10 miles from an existing urban growth area, then the retail space must not exceed the footprint of the previously occupied space or 10,000 square feet, whichever is greater; and

(II) Any included retail or food service space must not exceed 2,500 square feet for a new use unless the new retail space is for an essential rural retail service and the designated limited area is located at least 10 miles from an existing urban growth area, then the new retail space must not exceed 10,000 square feet; and

(III) For the purposes of this section, "essential rural retail services" means services including grocery, pharmacy, hardware, automotive parts, and similar uses that sell or provide products necessary for health and safety, such as food, medication, sanitation supplies, and products to maintain habitability and mobility as defined in RCW 36.70A.070.

(C) When establishing a Type I LAMIRD, counties must establish a logical outer boundary. The purpose of the logical outer boundary is to minimize and contain the areas of more intensive rural development to the existing areas. Uses, densities or intensities not normally allowed in a rural area may be allowed inside the logical outer boundary consistent with the existing character of the LAMIRD. Appropriate and necessary levels of public facilities and services not otherwise provided in rural areas may be provided inside the logical outer boundary.

(D) The logical outer boundary must be delineated primarily by the built environment as it existed on the date the county became subject to the planning requirements of the act.

(I) Some vacant land may be included within the logical outer boundary provided it is limited and does not create a significant amount of new development within the LAMIRD.

(II) Construction that defines the built environment may include above or below ground improvements. The built environment does not include patterns of vesting or preexisting zoning, nor does it include roads, clearing, grading, or the inclusion within a sewer or water service area if no physical improvements are in place. Although vested lots and structures built after the county became subject to the act's requirements should not be considered when identifying the built environment, they may be included within the logical outer boundary as infill.

(III) The logical outer boundary is not required to strictly follow parcel boundaries. If a large parcel contains an existing structure, a county may include part of the parcel in the LAMIRD boundary without including the entire parcel, to avoid a significant increase in the amount of development allowed within the LAMIRD.

(E) The fundamental purpose of the logical outer boundary is to minimize and contain the LAMIRD. Counties should favor the configuration that best minimizes and contains the LAMIRD to the area of existing development as of the date the county became subject to the planning requirements of the act. When evaluating alternative configurations of the logical outer boundary, counties should determine how much new growth will occur at build out and determine if this level of new growth is consistent with rural character and can be accommodated with the appropriate level of public facilities and public services. Counties should use the following criteria to evaluate various configurations when establishing the logical outer boundary:

(I) The need to preserve the character of existing natural neighborhoods and communities;

(II) Physical boundaries such as bodies of water, streets and highways, and land forms and contours;

(III) The prevention of abnormally irregular boundaries; and

(IV) The ability to provide public facilities and public services in a manner that does not permit low-density sprawl.

(F) Counties should not propose or accept applications that would expand or create a new Type-1 LAMIRD. Once a logical outer boundary has been adopted, counties may consider changes to the boundary in subsequent amendments if there was an error in application of the original criteria. When doing so, the county must use the same criteria used when originally designating the boundary. Counties should avoid adding new undeveloped parcels as infill, especially if doing so would add to the capacity of the LAMIRD.

(ii) Type 2 LAMIRDs - Small-scale recreational uses. Counties may allow small-scale tourist or recreational uses in rural areas. Small-scale recreational or tourist uses rely on a rural location and setting and need not be principally designed to serve the existing and projected rural population.

(A) Counties may allow small-scale tourist or recreational uses through redevelopment of an existing site, intensification of an existing site, or new development on a previously undeveloped site, but not new residential development. Counties may allow public services and facilities that are limited to those necessary to serve the recreation or tourist uses and that do not permit low-density sprawl. Small-scale recreational or tourist uses may be added as accessory uses for resource-based industry. For accessory uses on agricultural lands of long-term commercial significance, see WAC 365-196-815.

(B) Counties are not required to designate Type 2 LAMIRDs on the future land use map and may allow them as a conditional use. If using a conditional use process, counties should include in their development regulations conditions that address all the statutory criteria for the location of a Type 2 LAMIRD. Conditions must assure that Type 2 LAMIRDs:

(I) Are isolated, both from urban areas and from each other. Conditions should include spacing criteria to avoid creating a pattern of strip development;

(II) Are small in scale;

(III) Are consistent with rural character;

(IV) Rely on a rural location or a natural setting;

(V) Do not include new residential development;

(VI) Do not require services and facilities beyond what is available in the rural area; and

(VII) Are operationally compatible with surrounding resource-based industries.

(iii) Type 3 LAMIRDs - Small-scale businesses and cottage industries. Counties may allow isolated small-scale businesses and cottage industries that are not principally designed to serve the existing and projected rural population and nonresidential uses, but do provide job opportunities for rural residents, through the intensification of development on existing lots or on undeveloped sites.

(A) Counties may allow the expansion of small-scale businesses in rural areas as long as those small-scale businesses are consistent with the rural character of the area as defined by the county in the rural element. Counties may also allow new small-scale businesses to use a site previously occupied by an existing business as long as the new small-scale business conforms to the rural character of the area. Any public services and public facilities provided to the cottage industry or small-scale business must be limited to those necessary to serve the isolated nonresidential use and shall be provided in a manner that does not permit low-density sprawl.

(B) Counties are not required to designate Type 3 LAMIRDs on the future land use map and may allow them as a conditional use. If using a conditional use process, counties should include in their development regulations conditions that address all the statutory criteria for the location of a Type 3 LAMIRD. Conditions must assure that Type 3 LAMIRDs:

(I) Are isolated, both from urban areas and from each other. Conditions should include spacing criteria to avoid creating a pattern of strip development;

(II) Are small in scale;

(III) Are consistent with rural character;

(IV) Do not include new residential development;

(V) Do not require public services and facilities beyond what is available in the rural area; and

(VI) Are operationally compatible with surrounding resource-based industries.

(d) The initial effective date of an action that creates or expands a limited area of more intense development is the latest of the following dates per RCW 36.70A.067:

(ii) If a petition for review to the growth management hearings board is timely filed, upon issuance of the board's final order.

(e) Major industrial developments and master planned resorts governed by other requirements. Counties may not use the provisions of RCW 36.70A.070 (5)(d)(iii) to permit a major industrial development or a master planned resort. These types of development must comply with the requirements of RCW 36.70A.360 through 36.70A.368. For more information about major industrial developments, see WAC 365-196-465. For more information about master planned resorts, see WAC 365-196-460.

History

Statutory Authority: RCW 36.70A.190 (4)(b), 36.70A.096, and 36.70A.190(8). WSR 26-01-181, s 365-196-425, filed 12/23/25, effective 1/23/26. Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 25-17-058, s 365-196-425, filed 8/15/25, effective 9/15/25
WSR 23-08-037, § 365-196-425, filed 3/29/23, effective 4/29/23
WSR 15-04-039, § 365-196-425, filed 1/27/15, effective 2/27/15
WSR 10-22-103, § 365-196-425, filed 11/2/10, effective 12/3/10
WSR 10-03-085, § 365-196-425, filed 1/19/10, effective 2/19/10.

Wash. Admin. Code § 365-196-430 Transportation element.

Each comprehensive plan shall include a transportation element that implements, and is consistent with, the land use element.

(1) Requirements for counties and cities not subject to the amendments in the transportation element (RCW 36.70A.070) set forth in chapter 228, Laws of 2023, based on the applicability requirements in RCW 36.70A.095(2) and WAC 365-196-443(2), Table 1. The transportation element shall contain at least the following:

(a) Land use assumptions used in estimating travel;

(b) Estimated traffic impacts to state-owned transportation facilities resulting from land use assumptions to assist the department of transportation in monitoring the performance of state facilities, to plan improvements for the facilities, and to assess the impact of land-use decisions on state-owned transportation facilities;

(i) An inventory of air, water, and ground transportation facilities and services, including transit alignments and general aviation airports facilities, to define existing capital facilities and travel levels as a basis for future planning. This inventory must include state-owned transportation facilities within the county's or city's jurisdictional boundaries;

(ii) Level of service standards for all locally owned arterials and transit routes to serve as a gauge to judge performance of the system. These standards should be regionally coordinated;

(iii) For state-owned transportation facilities, level of service standards for highways, as prescribed in chapters 47.06 and 47.80 RCW, to gauge the performance of the system. The purposes of reflecting level of service standards for state highways in the local comprehensive plan are to monitor the performance of the system, to evaluate improvement strategies, and to facilitate coordination between the county's or city's six-year street, road, or transit program and the department of transportation's 10-year investment program. The concurrency requirements of RCW 36.70A.070 (6)(b) do not apply to transportation facilities and services of statewide significance except for counties consisting of islands whose only connection to the mainland are state highways or ferry routes. In these island counties, state highways and ferry route capacity must be a factor in meeting the concurrency requirements in RCW 36.70A.070 (6)(b);

(iv) Specific actions and requirements for bringing into compliance locally owned transportation facilities or services that are below an established level of service standard;

(v) Forecasts of traffic for at least 10 years based on the adopted land use plan to provide information on the location, timing, and capacity needs of future growth;

(vi) Identification of state and local system needs to meet current and future demands. Identified needs on state-owned transportation facilities must be consistent with the statewide multimodal transportation plan required under chapter 47.06 RCW;

(d) Finance, including:

(i) An analysis of funding capability to judge needs against probable funding resources;

(ii) A multiyear financing plan based on the needs identified in the comprehensive plan, the appropriate parts of which shall serve as the basis for the six-year street, road, or transit program required by RCW 35.77.010 for cities, RCW 36.81.121 for counties, and RCW 35.58.2795 for public transportation systems. The multiyear financing plan should be coordinated with the 10-year improvement program developed by the department of transportation as required by RCW 47.05.030;

(iii) If probable funding falls short of meeting identified needs, a discussion of how additional funding will be raised, or how land use assumptions will be reassessed to ensure that level of service standards will be met;

(e) Intergovernmental coordination efforts, including an assessment of the impacts of the transportation plan and land use assumptions on the transportation systems of adjacent jurisdictions;

(f) Demand-management strategies;

(g) Pedestrian and bicycle component to include collaborative efforts to identify and designate planned improvements for pedestrian and bicycle facilities and corridors that address and encourage enhanced community access and promote healthy lifestyles;

(h) The transportation element, and the six-year plan required by RCW 35.77.010 for cities, RCW 36.81.121 for counties, RCW 35.58.2795 for public transportation systems, and the 10-year plan required by RCW 47.05.030 for the state, must be consistent.

(2) Requirements for counties and cities subject to the amendments in the transportation element (RCW 36.70A.070) set forth in chapter 228, Laws of 2023, based on the applicability requirements in RCW 36.70A.095(2) and WAC 365-196-443(2), Table 1. The transportation element shall contain at least the following:

(a) Land use assumptions used in estimating travel;

(b) Estimated multimodal levels of service impacts to state-owned transportation facilities resulting from land use assumptions to assist in monitoring the performance of state facilities, to plan improvements for the facilities, and to assess the impact of land-use decisions on state-owned transportation facilities;

(i) An inventory of air, water, and ground transportation facilities and services, including transit alignments, active transportation facilities, and general aviation airports facilities, to define existing capital facilities and travel levels to inform future planning. This inventory must include state-owned transportation facilities within the county's or city's jurisdictional boundaries;

(ii) Multimodal level of service standards for all locally owned arterials, locally and regionally operated transit routes that serve urban growth areas, state-owned or operated transit routes that serve urban areas if the department of transportation has prepared such standards, and active transportation facilities to serve as a gauge to judge performance of the system and success in helping to achieve the goals of this chapter consistent with environmental justice. These standards should be regionally coordinated;

(iii) For state-owned transportation facilities, multimodal level of service standards for highways, as prescribed in chapters 47.06 and 47.80 RCW, to gauge the performance of the system. The purposes of reflecting multimodal level of service standards for state highways in the local comprehensive plan are to monitor the performance of the system, to evaluate improvement strategies, and to facilitate coordination between the county's or city's six-year street, road, active transportation, or transit program and the department of transportation's 10-year investment program. The concurrency requirements of RCW 36.70A.070 (6)(b) do not apply to transportation facilities and services of statewide significance except for counties consisting of islands whose only connection to the mainland are state highways or ferry routes. In these island counties, state highways and ferry route capacity must be a factor in meeting the concurrency requirements in RCW 36.70A.070 (6)(b);

(iv) Specific actions and requirements for bringing into compliance transportation facilities or services that are below an established multimodal level of service standard;

(v) Forecasts of multimodal transportation demand and needs within cities and urban growth areas, and forecasts of multimodal transportation demand and needs outside of cities and urban growth areas, for at least 10 years based on the adopted land use plan to inform the development of a transportation element that balances transportation system safety and convenience to accommodate all users of the transportation system to safely, reliably, and efficiently provide access and mobility to people and goods. Priority must be given to inclusion of transportation facilities and services providing the greatest multimodal safety benefit to each category of roadway users for the context and speed of the facility;

(vi) Identification of state and local system needs to equitably meet current and future demands. Identified needs on state-owned transportation facilities must be consistent with the statewide multimodal transportation plan required under chapter 47.06 RCW. Local system needs should reflect the regional transportation system and local goals, and strive to equitably implement the multimodal network;

(vii) A transition plan for transportation as required in Title II of the Americans with Disabilities Act of 1990 (ADA). As a necessary step to a program access plan to provide accessibility under the ADA, state and local government, public entities, and public agencies are required to perform self-evaluations of their current facilities, relative to accessibility requirements of the ADA. The agencies are then required to develop a program access plan, which can be called a transition plan, to address any deficiencies. The plan is intended to achieve the following:

(A) Identify physical obstacles that limit the accessibility of facilities to individuals with disabilities;

(B) Describe the methods to be used to make the facilities accessible;

(D) Identify the public officials responsible for implementation of the transition plan;

(d) Finance, including:

(i) An analysis of funding capability to judge needs against probable funding resources;

(iii) If probable funding falls short of meeting the identified needs of the transportation system, including state transportation facilities, a discussion of how additional funding will be raised, or how land use assumptions will be reassessed to ensure that level of service standards will be met;

(e) Intergovernmental coordination efforts, including an assessment of the impacts of the transportation plan and land use assumptions on the transportation systems of adjacent jurisdictions;

(f) Demand-management strategies;

(g) Active transportation component to include collaborative efforts to identify and designate planned improvements for active transportation facilities and corridors that address and encourage enhanced community access and promote public health and well-being;

(3) Recommendations for meeting element requirements.

(a) Consistency with the land use element, regional and state planning.

(i) RCW 36.70A.070(6) requires that the transportation element implement and be consistent with the land use element. Counties and cities should use consistent land use assumptions, population forecasts, and planning periods for both elements. Coordination of the land use and transportation elements should address how the implementation of the transportation element supports the desired land uses and form established in the land use element. Recognizing that there is a direct relationship between land use and how it is accessed.

(ii) Counties and cities should refer to the statewide multimodal transportation plan produced by the department of transportation under chapter 47.06 RCW to ensure consistency between the transportation element and the statewide multimodal transportation plan. Local transportation elements should also reference applicable department of transportation corridor planning studies, including scenic byway corridor management plans, active transportation plans, and recreation and conservation office state trails plan.

(iii) Counties and cities should refer to the regional transportation plan developed by their regional transportation planning organization under chapter 47.80 RCW to ensure the transportation element reflects regional guidelines and principles; is consistent with the regional transportation plan; and is consistent with adopted regional growth and transportation strategies. Considering consistency during the development and review of the transportation element will facilitate the certification of transportation elements by the regional transportation planning organization as required by RCW 47.80.023(3).

(iv) Counties and cities should develop their transportation elements using the framework established in countywide planning policies, and where applicable, multicounty planning policies. Using this framework ensures their transportation elements are coordinated and consistent with the comprehensive plans of other counties and cities sharing common borders or related regional issues as required by RCW 36.70A.100 and 36.70A.210.

(v) Counties and cities should refer to the six-year transit plans developed by municipalities or regional transit authorities pursuant to RCW 35.58.2795 to ensure their transportation element is consistent with transit development plans as required by RCW 36.70A.070 (6)(c).

(vi) Land use elements and transportation elements may incorporate commute trip reduction plans to ensure consistency between the commute trip reduction plans and the comprehensive plan as required by RCW 70A.15.4060. Counties and cities may also include transportation demand management programs for growth and transportation efficiency centers designated in accordance with RCW 70A.15.4030.

(b) The transportation element should contain goals and policies to guide the development and implementation of the transportation element. The goals and policies should be consistent with statewide and regional goals and policies. Goals and policies should address the following:

(i) Roadways and roadway design that provides safe access and travel for all users, including pedestrians, bicyclists, transit vehicles and riders, and motorists;

(ii) Public transportation, including public transit and passenger rail, intermodal transfers, and access to transit stations and stops by people walking, bicycling, or transferring from another vehicle;

(iii) Bicycle and pedestrian (or active transportation if subject to RCW 36.70A.095(2)) travel including measures of facility quality such as level of traffic stress (an indicator used to quantify the stress experienced by a cyclist or pedestrian on the segments of a road network), route directness, and network completeness;

(iv) Transportation demand management, including education, encouragement and law enforcement strategies;

(v) Freight mobility including port facilities, truck, air, rail, and water-based freight;

(vi) Transportation finance including strategies for addressing impacts of development through concurrency, impact fees, and other mitigation; and

(vii) Policies to preserve the functionality of state highways within the local jurisdiction such as policies to provide an adequate local network of streets, paths, and transit service so that local short-range trips do not require single-occupant vehicle travel on the state highway system; and policies to mitigate traffic and stormwater impacts on state-owned transportation facilities and services as development occurs.

(c) Inventory and analysis of transportation facilities and services. RCW 36.70A.070 (6)(a)(iii)(A) requires an inventory of air, water, and ground transportation facilities and services, including transit alignments and general aviation airport facilities. The inventory should include facilities for active transportation such as bicycle and pedestrian travel. The inventory defines existing capital facilities and travel levels as a basis for future planning. The inventory must include state-owned transportation facilities within the city's or county's jurisdictional boundaries. Counties and cities should identify transportation facilities which are owned or operated by others. For those facilities operated by others, counties and cities should refer to the responsible agencies for information concerning current and projected plans for transportation facilities and services. Counties, cities, and agencies responsible for transportation facilities and services should cooperate in identifying and resolving land use and transportation compatibility issues.

(i) Air transportation facilities.

(A) Where applicable, counties and cities should describe the location of facilities and services provided by any general aviation airport within or adjacent to the county or city, and should reference any relevant airport planning documents including airport master plans, airport layout plans or technical assistance materials made available by airport sponsor and in coordination with the Washington state department of transportation, aviation division.

(B) Counties and cities should identify supporting transportation infrastructure such as roads, rail, and routes for freight, employee, and passenger access, and assess the impact to the local transportation system.

(C) Counties and cities should assess the compatibility of land uses adjacent to the airport and discourage the siting of incompatible uses in the land use element as directed by RCW 36.70A.510 and WAC 365-196-455 and in accordance with the best practices recommended by the Washington state department of transportation, aviation division.

(ii) Water transportation facilities.

(A) Where applicable, counties and cities should describe or map any ferry facilities and services, including ownership, and should reference any relevant ferry planning documents. The inventory should identify if a ferry route is subject to concurrency under RCW 36.70A.070 (6)(b). A ferry route is subject to concurrency if it serves counties consisting of islands whose only connection to the mainland are state highways or ferry routes.

(B) Counties and cities should identify supporting infrastructure such as parking and transfer facilities, bicycle, pedestrian, and vehicle access to ferry terminals and assess the impact on the local transportation system.

(C) Where applicable, counties and cities should describe marine and inland waterways, and related port facilities and services. Counties and cities should identify supporting transportation infrastructure, and assess the impact to the local transportation system.

(iii) Ground transportation facilities and services.

(A) Roadways. Counties and cities must include a map of roadways owned or operated by city, county, and state governments.

(I) Counties and cities may describe the general travel market (i.e., commuter, tourist, farm to market, etc.) served by the transportation network. The inventory may include information such as: Traffic volumes, truck volumes and classification, functional classification, strategic freight corridor designation, preferred freight routes, scenic and recreational highway designation, high occupancy vehicle lanes, business access and transit lanes, transit queue jumps, other transit priority features, bicycle facilities, sidewalks, and ownership.

(II) For state highways, counties and cities should coordinate with the regional office of the Washington state department of transportation to identify designated high occupancy vehicle or high occupancy toll lanes, access classification, roadside classification, functional classification, and whether the highway is a state-designated highway of statewide significance, or state scenic and recreational highway designated under chapter 47.39 RCW. These designations may impact future development along state highway corridors. If these classifications impact future land use, this information should be included in the comprehensive plan along with reference to any relevant corridor planning documents.

(B) Public transportation and rail facilities and services.

(I) RCW 36.70A.070 (6)(a)(iii)(A) requires an inventory of transit alignments. Where applicable, counties and cities must inventory existing public transportation facilities and services. This section should reference transit development plans that provide local services. The inventory should contain a description of regional and intercity rail, and local, regional, and intercity bus service, paratransit, or other services. Counties and cities should include a map of local transit routes. The map should categorize routes by frequency and span of service. The inventory should also identify locations of passenger rail stations and major public transit transfer stations for appropriate land use. The inventory should identify major transit stops.

(II) Where applicable, such as where a major freight transfer facility is located, counties and cities should include a map of existing freight rail lines, and reference any relevant planning documents. Counties and cities should assess the adequacy of supporting transportation infrastructure such as roads, rail, and navigational routes for freight, employee, and passenger access, and the impact on the local transportation system.

(d) If the planning area is within a National Ambient Air Quality Standards nonattainment area, compliance with the Clean Air Act Amendments of l990 is required. Where applicable, the transportation element should include: A map of the area designated as the nonattainment area for ozone, carbon monoxide, and particulate matter (PM10 and PM2.5); a discussion of the severity of the violation(s) contributed by transportation-related sources; and a description of measures that will be implemented consistent with the state implementation plan for air quality. Counties and cities should refer to chapter 173-420 WAC, and to local air quality agencies and metropolitan planning organizations for assistance.

(e) Level of service standards. Level of service standards serve to monitor the performance of the system, to evaluate improvement strategies, and to facilitate coordination between city, county and state transportation investment programs.

(i) RCW 36.70A.070 (6)(a)(iii)(B) requires the transportation element to include level of service standards for all locally owned arterials. Counties and cities may adopt level of service standards for all travel modes. Counties and cities may adopt level of service standards for locally owned roads that are not classified as arterials.

(ii) RCW 36.70A.070 (6)(a)(iii)(C) requires level of service standards for state-owned highways, as reflected in chapters 47.06 and 47.80 RCW, to gauge the performance of the transportation system. The department of transportation, in consultation with counties and cities, establishes level of service standards for state highways and ferry routes of statewide significance. Counties and cities should refer to the state highway and ferry plans developed in accordance with chapter 47.06 RCW for the adopted level of service standards.

(iii) Regional transportation planning organizations and the department of transportation jointly develop level of service standards for all other state highways and ferry routes. Counties and cities should refer to the regional transportation plans developed in accordance with chapter 47.80 RCW for the adopted level of service standards.

(iv) RCW 36.70A.070 (6)(a)(iii)(B) requires the transportation element to include level of service standards for all transit routes. To identify level of service standards for public transit services, counties and cities should include the established level of service or performance standards from the transit provider and should reference any relevant planning documents.

(v) Adopted level of service standards should reflect access, mobility, mode-split, or capacity goals for the transportation facility depending upon the surrounding development density and community goals, and should be developed in consultation with transit agencies serving the planning area. Level of service standards should also advance the state's per capita vehicle miles traveled reduction goals as identified in RCW 47.01.440.

(vi) The measurement methodology and standards should vary based on the urban or rural character of the surrounding area. The county or city should also balance the desired community character, funding capacity, and traveler expectations when selecting level of service methodologies and standards for all transportation modes. A county or city may select different ways to measure travel performance depending on how a county or city balances these factors and the characteristics of travel in their community. For example, counties and cities may measure performance at different times of day, week, or month (peak versus off-peak, weekday versus weekend, summer versus winter). Counties and cities may also measure performance at different geographic scales (intersections, road or route segments, travel corridors, or travel zones), or in terms of the supply of multimodal capacity available in a corridor.

(vii) In urban areas RCW 36.70A.108 encourages the use of methodologies analyzing the transportation system from a comprehensive, multimodal perspective. Multimodal levels of service methodologies and standards should consider the needs of travelers using the four major travel modes (pedestrian, bicycle, public transportation, motor vehicle), their impacts on each other as they share the street, and their mode specific requirements for street design and operation. For example, bicycle and pedestrian (or active transportation if subject to RCW 36.70A.095(2)) level of service standards should emphasize the availability of facilities and user stress based on facility attributes, traffic speed, traffic volume, number of lanes, frequency of parking turnover, ease of intersection crossings and others. Utilizing additional level of services standards can help make these modes accessible to a broad share of the population.

(f) Travel forecasts. RCW 36.70A.070 (6)(a)(iii)(E) requires forecasts of traffic for at least 10 years based on the adopted land use plan to provide information on the location, timing, and capacity needs of future growth. Counties and cities must include at least a 10-year travel forecast in the transportation element. The forecast time period and underlying assumptions must be consistent with the land use element. Counties and cities may forecast travel for the 20-year planning period. Counties and cities may include bicycle, pedestrian, (or active transportation if subject to RCW 36.70A.095(2)) or planned transit service in a multimodal forecast. Travel forecasts should be based on adopted regional growth strategies, the regional transportation plan, and comprehensive plans within the region to ensure consistency. Counties and cities should use the most current traffic forecasting methodologies that better account for the different traffic generating characteristics of different land use patterns. Traffic forecasts are one piece of information and should be balanced with other data and goals in the formation of the transportation element.

(g) Identify transportation system needs.

(i) RCW 36.70A.070 (6)(a)(iii)(D) requires that the transportation element include specific actions and requirements for bringing into compliance locally owned transportation facilities or services that are below established level of service standards. Such actions and requirements identified should include improvements to active transportation and transit access, improvements in proximity of destinations, and trip avoidance through telework and other use of telecommunications.

(ii) System needs are those improvements needed to meet and maintain adopted levels of service over at least the required 10-year forecasting period. If counties and cities use a 20-year forecasting period, they should also identify needs for the entire 20-year period.

(iii) RCW 47.80.030(3) requires identified needs on regional facilities or services to be consistent with the regional transportation plan and the adopted regional growth and transportation strategies. RCW 36.70A.070 (6)(a)(iii)(F) requires identified needs on state-owned transportation facilities to be consistent with the statewide multimodal transportation plan.

(iv) Counties and cities should cooperate with public transit providers to analyze projected transit services and needs based on projected land use assumptions, and consistent with regional land use and transportation planning. Coordination may also include identification of mixed use centers, and consider opportunities for intermodal integration and appropriate multimodal access, particularly bicycle, pedestrian, and active transportation access.

(v) Counties and cities must include state transportation investments identified in the statewide multimodal transportation plan required under chapter 47.06 RCW and funded in the Washington state department of transportation's 10-year improvement program. Identified needs must be consistent with regional transportation improvements identified in regional transportation plans required under chapter 47.80 RCW. The transportation element should also include plans for new or expanded public transit and be coordinated with local transit providers.

(vi) The identified transportation system needs may include: Considerations for repair, replacement, enhancement, or expansion of active transportation, pedestrian, bicycle, transit, vehicular facilities; ADA transitions; enhanced or expanded transit services; system management; elimination of fish passage barriers; or demand management approaches.

(vii) Transportation system needs may include transportation system management measures increasing the motor vehicle capacity of the existing street and road system. They may include, but are not limited to signal timing, traffic channelization, intersection reconfiguration, exclusive turn lanes or turn prohibitions, bus turn-out bays, grade separations, removal of on-street parking or improving street network connectivity.

(viii) When identifying system needs, counties and cities may identify a timeline for improvements. Identification of a timeline provides clarity as to when and where specific transportation investments are planned and provides the opportunity to coordinate and cooperate in transportation planning and permitting decisions.

(ix) Counties and cities should consider how the improvements relate to adjacent counties or cities.

(x) State policy goals as outlined in RCW 47.04.280. Growth in travel demand should first be met through improvements to active transportation and transit access, improvements in proximity of destinations, and trip avoidance through telework and other use of telecommunications. This approach is consistent with statewide goals to reduce per capita vehicle miles traveled and greenhouse gas emissions.

(xi) The transportation element may include, in addition to improvements or strategies to accommodate the impacts of development authorized under RCW 36.70A.070 (6)(b), multimodal transportation improvements or strategies that are made concurrent with the development. These transportation improvements or strategies may include, but are not limited to, measures implementing or evaluating:

(A) Multiple modes of transportation with peak and nonpeak hour capacity performance standards for locally owned transportation facilities; and

(B) Modal performance standards meeting the peak and nonpeak hour capacity performance standards.

(xii) When identifying system needs, counties and cities should consider improvements to address and begin to undo racially disparate impacts, displacement, or exclusion in housing caused by disinvestment or lack of infrastructure availability as detailed in RCW 36.70A.070 (2)(e) and (f).

(h) Local impacts to state transportation facilities. RCW 36.70A.070 (6)(a)(ii) requires counties and cities to estimate traffic impacts to state-owned transportation facilities resulting from land use assumptions to assist the Washington state department of transportation in monitoring the performance of state facilities, to plan improvements for the facilities, and to assess the impact of land-use decisions on state-owned transportation facilities. Traffic impacts should include the number of motor vehicle, bicycle, public transit, and pedestrian trips estimated to use the state highway and ferry systems throughout the planning period. Counties and cities should work with the Washington state department of transportation to understand the limits of state facilities throughout the planning period and should avoid increasing vehicle demand beyond planned capacity of state facilities.

(i) Transportation demand management.

(i) RCW 36.70A.070 (6)(a)(vi) requires that the transportation element include transportation demand management strategies. These strategies are designed to encourage the use of alternatives to single occupancy travel and to reduce congestion, especially during peak times.

(ii) Where applicable, counties and cities may include the goals and relevant strategies of employer-based commute trip reduction programs developed under RCW 70.94.521 through 70.94.555. All other counties and cities should consider strategies which may include, but are not limited to ridesharing, vanpooling, promotion of bicycling, walking, active transportation and use of public transportation, transportation-efficient parking and land use policies, and high occupancy vehicle subsidy programs.

(j) Pedestrian and bicycle (or active transportation if subject to RCW 36.70A.095(2)) component. RCW 36.70A.070 (6)(a)(vii) requires the transportation element to include a pedestrian and bicycle component that includes collaborative efforts to identify and designate planned improvements for pedestrian, bicycle, and active transportation facilities and corridors that address and encourage enhanced community access and promote public health and well-being.

(i) Collaborative efforts may include referencing local, regional, state pedestrian and bicycle planning documents, and ADA transition plans if any. Designated shared use paths, which are part of bicycle and pedestrian networks, should be consistent with those in the parks, recreation and open space element.

(ii) To identify and designate planned improvements for bicycle facilities and corridors, the pedestrian, bicycle, and active transportation component should include a map of bicycle facilities, such as bicycle lanes, shared use paths, paved road shoulders. This map should identify state and local designated bicycle routes, and describe how the facilities link to those in adjacent jurisdictions. This map should also identify the level of traffic stress for each of the facilities. Jurisdictions are encouraged to consider demographic groups that may have special transportation needs, such as older adults, youth, people with low incomes, people with disabilities, and people with limited English proficiency when identifying and designating planned improvements.

(iii) To identify and designate planned improvements for pedestrian facilities and corridors, the pedestrian, bicycle, and active transportation component should include a map of pedestrian facilities such as sidewalks, pedestrian connectors, and other designated facilities, especially in areas of high pedestrian use such as designated centers, major transit routes, and route plans designated by school districts under WAC 392-151-025.

(iv) The pedestrian, bicycle, and active transportation component should plan a network that connects residential and employment areas with community and regional destinations, schools, and public transportation services. The plan should consider route directness, network completeness, and level of traffic stress.

(v) The pedestrian, bicycle, and active transportation component should also plan pedestrian facilities that improve pedestrian and bicycle safety following a safe systems approach and consider existing pedestrian and bicycle collision data, vehicle speeds and volumes, and level of separation of modes.

(k) Multiyear financing plan.

(i) RCW 36.70A.070 (6)(a)(iii)(B) requires that the transportation element include a multiyear financing plan based on the needs identified in the comprehensive plan, the appropriate parts of which develop a financing plan that addresses all identified multimodal transportation facilities and services and strategies throughout the 20-year planning period. The identified needs shall serve as the basis for the six-year street, road, or transit program required by RCW 35.77.010 for cities, RCW 36.81.121 for counties, and RCW 35.58.2795 for public transportation systems. The multiyear financing plan should reflect regional improvements identified in regional transportation plans required under chapter 47.80 RCW and be coordinated with the 10-year investment program developed by the Washington state department of transportation as required by RCW 47.05.030;

(ii) The horizon year for the multiyear plan should be the same as the time period for the travel forecast and identified needs. The financing plan should include cost estimates for new and enhanced locally owned roadway facilities including new or enhanced bicycle and pedestrian facilities to estimate the cost of future facilities and the ability of the local government to fund the improvements.

(iii) Sources of proposed funding may include:

(A) Federal or state funding.

(B) Local funding from taxes, bonds, or other sources.

(I) Impact or mitigation fees assessed according to chapter 82.02 RCW, or the Local Transportation Act (chapter 39.92 RCW).

(II) Contributions or improvements required under SEPA (RCW 43.21C.060).

(III) Concurrency requirements implemented according to RCW 36.70A.070 (6)(b).

(D) Transportation benefit districts established under RCW 35.21.225 and chapter 36.73 RCW.

(iv) RCW 36.70A.070 (6)(a)(iv)(A) requires an analysis of funding capability to judge needs against probable funding resources. When considering the cost of new facilities, counties and cities should consider the life-cycle cost of maintaining facilities in addition to the cost of their initial construction. Counties and cities should forecast projected funding capacities based on revenues that are reasonably expected to be available, under existing laws and ordinances, to carry out the plan. If the funding strategy relies on new or previously untapped sources of revenue, the financing plan should include a realistic estimate of new funding that will be supplied.

(l) Reassessment if probable funding falls short.

(i) RCW 36.70A.070 (6)(a)(iv)(C) requires reassessment if probable funding falls short of meeting identified needs. Counties and cities must discuss how additional funding will be raised or how land use assumptions will be reassessed to ensure that level of service standards will be met.

(ii) This review must take place, at a minimum, as part of the periodic review and update required in RCW 36.70A.130 (1) and (3), and as major changes are made to the transportation element.

(iii) If probable funding falls short of meeting identified needs, counties and cities have several choices. For example, they may choose to:

(A) Seek additional sources of funding for identified transportation improvements;

(B) Adjust level of service standards to reduce the number and cost of needed facilities;

(C) Revisit identified needs and use of transportation system management or transportation demand management strategies to reduce the need for new facilities; or

(D) Revise the land use element to shift future travel to areas with adequate capacity, to lower average trip length by encouraging mixed-use developments to increase the share of people who can walk, bicycle, or take transit to meet daily needs, or to avoid the need for new facilities in undeveloped areas;

(E) If needed, adjustments should be made throughout the comprehensive plan to maintain consistency.

(m) Implementation measures. Counties and cities may include an implementation section that broadly defines regulatory and nonregulatory actions and programs designed to proactively implement the transportation element. Implementation measures may include:

(i) Public works guidelines to reflect multimodal transportation standards for pedestrians, bicycles and transit; or adoption of Washington state department of transportation standards or the National Association of City Transportation Officials standards for bicycle and pedestrian facilities;

(ii) Transportation concurrency ordinances affecting development review;

(iii) Parking standards, especially in urban centers, to reduce or eliminate vehicle parking minimum requirements, provide vehicle parking maximums and include bicycle parking;

(iv) Commute trip reduction ordinances and transportation demand management programs;

(v) Access management ordinances;

(vi) Active transportation funding programs;

(vii) Maintenance procedures and pavement management systems to include bicycle, pedestrians and transit considerations;

(viii) Subdivision standards to reflect multimodal goals, including providing complete and connected networks, particularly for bicycle and pedestrian travel; and

(ix) Transit compatibility policies and rules to guide development review procedures to incorporate review of bicycle, pedestrian and transit access to sites.

(3) Relationship between the transportation element and the housing element. Capital investments must identify areas that may be of higher risk of displacement per WAC 365-196-410 (1)(g).

History

Statutory Authority: RCW 36.70A.190 (4)(b), 36.70A.096, and 36.70A.190(8). WSR 26-01-181, s 365-196-430, filed 12/23/25, effective 1/23/26. Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 25-17-058, s 365-196-430, filed 8/15/25, effective 9/15/25
WSR 23-08-037, § 365-196-430, filed 3/29/23, effective 4/29/23
WSR 15-04-039, § 365-196-430, filed 1/27/15, effective 2/27/15
WSR 10-03-085, § 365-196-430, filed 1/19/10, effective 2/19/10.

Wash. Admin. Code § 365-196-435 Economic development element.

(1) Requirements.

(a) The economic development element should establish local goals, policies, objectives, and provisions for economic growth and vitality and a high quality of life. An economic development element should include:

(i) A summary of the local economy such as population, employment, payroll, sectors, businesses, sales, and other information as appropriate;

(ii) A summary of the strengths and weaknesses of the local economy defined as the commercial and industrial sectors and supporting factors such as land use, transportation, utilities, education, workforce, housing, and natural/cultural resources; and

(iii) An identification of policies, programs, and projects to foster economic growth and development and to address future needs. Identification of these policies, programs, and projects should include a summary of each.

(b) A city that has chosen to be a residential community is exempt from the economic development element requirement of this subsection.

(c) The requirement to include an economic development element is null and void until sufficient funds to cover applicable local governments costs are appropriated and distributed at least two years before the due date for the periodic review and update required in RCW 36.70A.130(1).

(2) Recommendations for meeting the requirements. Counties and cities should consider using existing economic development plans developed at the county and regional level and may adopt them by reference as a means of including an economic development element within their comprehensive plan. Counties and cities should consider developing partnerships with organizations within the community and with state and federal agencies and the private sector. Because labor markets typically encompass at least one county and may encompass a multicounty region, counties and cities should coordinate economic development activities on a regional basis. The department recommends counties and cities consider the following in preparing an economic development element:

(a) A summary of the local economy.

(i) Economic development begins with information gathering. The purpose of information gathering is to provide a summary of the local economy. Much of this information is available from regional, state or federal agencies.

(ii) Counties and cities should use population information consistent with the information used in the land use element and the housing element.

(iii) Counties and cities are not required to generate original data, but can rely on available data from the agencies who report the information. Employment, payroll, and other economic information is available from state and federal agencies, such as the Washington state department of employment security, the Bureau of Labor Statistics and the Census Bureau. Some of this information may not be available at the city level, but may be available only at the countywide level. Government agencies that report this data may be prohibited from releasing certain data to avoid disclosing proprietary information. Local governments should also consult with their associate development organization, economic development council and economic development districts. Counties and cities may also use data such as permit volume, local inventories of available land and other data generated from their activities that is useful for economic development planning.

(b) Summary of strengths and weaknesses of the local economy.

(i) Counties and cities should consult with their associated development organization, economic development council and/or economic development district to help with identifying appropriate commercial and industrial sectors.

(ii) Shift-share analysis is one method of identifying strengths and weaknesses of the local economy. This method identifies industrial sectors that have a relatively greater proportion of the local area's employment than exists in the national economy. It is one method of identifying sectors with a local competitive advantage. This is a method that can be employed using readily available existing data.

(iii) Identification of industry clusters is another method of identifying strengths and weaknesses of the local economy. State and local economic development organizations, including some associated development organizations and the department, have identified a number of industry clusters in the state. An industry cluster is a group of related firms that provide interdependent specialized goods or services. The presence of existing suppliers of specialized services and a specialized work force makes attracting additional economic activity in the cluster easier.

(iv) Identifying strong industry sectors or clusters can help determine strengths and weaknesses, help a city or county develop a realistic profile of land and infrastructure needs, and identify ways to focus economic development activities. It does not confer preferred status on any particular firm or industry. Counties and cities should still treat all individuals and firms as equal under the law.

(v) Counties and cities may also refer to information and public input collected during public participation to identify strengths and weaknesses based on community perception of their community. Counties and cities may conduct a separate visioning exercise to help identify strengths and weaknesses.

(vi) Counties and cities may employ asset mapping, which builds from the information gathered. Asset mapping is similar to traditional strengths, weaknesses, opportunities, and threats (SWOT) analysis with several significant distinctions. Under the SWOT analysis, strength and opportunity factors may not be linked together.

(c) Identification of policies, programs, and projects to foster economic growth and development and to address future needs.

(i) After identifying strengths and weaknesses, the economic development element may identify policies, programs and projects that foster economic growth and development and address future needs. The programs and policies should be targeted at addressing weaknesses or capitalizing on strengths identified in the community.

(ii) Counties and cities should consider using specific, quantified, and time-framed performance targets that provide a measurement of the success of an economic development element and serve as a reference point in the economic development process.

History

Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 23-08-037, § 365-196-435, filed 3/29/23, effective 4/29/23
WSR 10-03-085, § 365-196-435, filed 1/19/10, effective 2/19/10.

Wash. Admin. Code § 365-196-440 Parks and recreation element.

(1) Requirements.

(a) The park and recreation element of the comprehensive plan must contain at least the following features:

(i) Consistency with the capital facilities element as it relates to park and recreation facilities;

(ii) Estimates of park and recreation demand for at least a 10-year period;

(iii) An evaluation of facilities and service needs;

(iv) An evaluation of tree canopy coverage within the urban growth area; and

(v) An evaluation of intergovernmental coordination opportunities to provide regional approaches for meeting park and recreational demand.

(b) The requirement to include a parks and recreation element is null and void until sufficient funds to cover applicable local governments costs are appropriated and distributed at least two years before the due date for the periodic review and update required in RCW 36.70A.130(1).

(2) Recommendations for meeting requirements.

(a) Consistency and integration with other plan elements. Counties and cities should pay particular attention to consistency with the land use element, approaches to protecting critical areas and conserving natural resource lands, and identification of open space corridors and lands useful for public purposes. Planning policies and implementing regulations in each of these elements should complement each other to achieve adopted community goals.

(b) Visioning process. Counties and cities should start with a visioning process. This process should engage the public, including the participation of vulnerable populations and overburdened communities, in the process of identifying needs, evaluating their satisfaction with existing recreational opportunities, and developing goals to guide the development of the parks and recreation element.

(i) The visioning process should be used when establishing levels of service for the parks and recreation element. Select levels of service or planning assumptions that reflect local priorities.

(ii) Methods used to establish levels of service should reflect community goals, and may be adapted from approaches recommended by the Washington state recreation and conservation office or the National Recreation and Parks Association; facilities and services. Level of service standards should reflect local priorities.

(iii) Level of service standards should focus on those aspects that relate most directly to factors influenced by growth and development, to allow for counties and cities to more clearly identify the impact on the demand for park facilities resulting from new development.

(d) Evaluation of facilities and service needs.

(i) Counties and cities should ensure consistency with the land use element when identifying existing and future public facilities and services.

(ii) Counties and cities should prepare an inventory of all existing park, recreation and open space lands, and related services. The inventory should describe the location, size and type of each facility or service, its current condition and capacity, and its intended service area. It should include a description of the park and recreation facilities and services of other private and public entities, including state park and recreation services.

(iii) Counties and cities should estimate demand for parks, open space and recreational services. Estimates must be for at least a planning period of 10 years, and jurisdictions should consider a planning period that matches that used for other comprehensive plan elements (e.g., 20 years). In preparing estimates, factors that should be considered include, but are not limited to:

(A) Population forecasts and other demographic projections;

(B) Levels of service selected for each type of facility or service to be provided;

(D) Surveys or other means of assessing community priorities for park and recreational services;

(E) National and local trends in recreational demands and services;

(F) Facilities and services provided by other private or public entities; and

(G) Review of statewide recreation plans, assessments and recreation trends made available through the department, the Washington state department of fish and wildlife, the Washington state department of natural resources, the recreation and conservation office, and the state parks and recreation commission.

(e) The parks and recreation element should identify future facilities and services needed to meet the estimated demand for parks, open space and recreational programs, consistent with levels of service or planning assumptions and the projections for distribution of growth in the land use element. Consistency with the capital facilities and land use elements should be ensured when identifying existing and future public facilities and services to meet the estimated demand. The parks and recreation element should provide for an integrated parks, recreation and open space system. The system should consist of a complementary set of parks and open spaces that, considered together, meet the needs of a full range of community interests.

(f) Opportunities for intergovernmental coordination.

(i) When preparing the parks and recreation element, counties and cities should review other local, statewide, and regional recreation and land use plans to identify any future facilities that may help in meeting the future demand for parks and recreation facilities.

(ii) Counties and cities should evaluate opportunities for intergovernmental or public/private partnership approaches to meeting regional demand for park and recreation services including, but not limited to:

(A) Joint facility use agreements or contracts;

(B) Interlocal agreements for land acquisition or facility construction to serve region-wide needs;

(D) Formation of a single, large regional service provider such as a park and recreation district (chapter 36.69 RCW), park and recreation service area (RCW 36.68.400 through 36.68.620), or metropolitan park district (chapter 35.61 RCW); and

(E) Partnerships with nearby state parks and recreation facilities and services.

(g) Strategies for achieving adopted goals.

(i) Counties and cities should prepare strategies for achieving the adopted goals, policies and objectives, and for meeting the future facilities and service needs. Strategies may include:

(A) Developing needed facilities and programs;

(B) Coordinating intergovernmental efforts to provide needed facilities and programs; or

(ii) When creating plans for new park facilities, counties and cities should develop site selection criteria to enable strategic prioritization of acquisition and development opportunities.

(iii) Strategies for financing must be consistent with the financing plan in the capital facilities element. If a local government intends to adopt impact fees as a strategy, it must identify those facilities as necessary for development and should identify them in:

(A) The parks and recreation element;

(B) A separate parks plan; or

(iv) Counties and cities should evaluate if the identified strategies are sufficient to meet the adopted levels of service. If not, counties and cities should use the priorities set in the visioning process to realign the level of service standards with available resources.

(v) A county or city should also develop protocols to monitor and evaluate the parks and recreation element. These protocols should be consistent with the policies adopted in the capital facilities element regarding reassessment. See WAC 365-196-415. The protocol should include plans to monitor the community's changing recreation needs, evaluate progress toward implementation, and adapt to new information, such as changes to plans of other public or private park and recreation service providers.

History

Statutory Authority: RCW 36.70A.190 (4)(b), 36.70A.096, and 36.70A.190(8). WSR 26-01-181, s 365-196-440, filed 12/23/25, effective 1/23/26. Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 10-03-085, § 365-196-440, filed 1/19/10, effective 2/19/10.

Wash. Admin. Code § 365-196-443 Climate change and resiliency element.

(1) Requirements. Each comprehensive plan shall include a climate change and resiliency element ("climate element") designed to, where applicable, result in reductions in overall greenhouse gas emissions and that must enhance resiliency to and avoid the adverse impacts of climate change, which must include efforts to reduce localized greenhouse gas emissions and avoid creating or worsening localized climate impacts to vulnerable populations and overburdened communities. The climate element is composed of one or both of the following subelements depending on applicability:

(a) A greenhouse gas emissions reduction subelement;

(b) A resiliency subelement.

(2) Applicability. The following table includes fully planning counties and cities that must update their comprehensive plans to include climate goals and policies as described in this chapter based on the following criteria: 2021 population per office of financial management as updated, population density, and geographic location. Counties and cities must also update their transportation and land use elements, WAC 365-196-430, Transportation element, and WAC 365-196-405, Land use element, as set forth in chapter 228, Laws of 2023, as noted in this table. For smaller counties and cities: If the population of a county increases to 20,000 as determined by office of financial management or if a city population increases to 6,000 in the future, then this table will not accurately reflect all applicable amendments for your jurisdiction. If so, refer to RCW 36.70A.095 (chapter 228, Laws of 2023).

Table 1: Required Updates to Comprehensive Plan Elements (by Year Due)

| Due | Jurisdiction | GHG Reduction Subelement | Climate Resilience Subelement | Transportation Element | Land Use Element | | --- | --- | --- | --- | --- | --- | | 2025 | Anacortes | X | X | X | X | | | Battle Ground | X | X | X | X | | | Bellingham | X | X | X | X | | | Burlington | X | X | X | X | | | Camas | X | X | X | X | | | Clark County | X | X | X | X | | | Ferndale | X | X | X | X | | | Lacey | X | X | X | X | | | Lynden | X | X | X | X | | | Mount Vernon | X | X | X | X | | | Olympia | X | X | X | X | | | Ridgefield | X | X | X | X | | | Sedro-Woolley | X | X | X | X | | | Skagit County | X | X | X | X | | | Thurston County | X | X | X | X | | | Tumwater | X | X | X | X | | | Vancouver | X | X | X | X | | | Washougal | X | X | X | X | | | Whatcom County | X | X | X | X | | | Yelm | X | X | X | X | | | | | | | | | 2025 | Centralia | | X | X | X | | | Chehalis | | X | X | X | | | Oak Harbor | | X | X | X | | | Port Angeles | | X | X | X | | | Port Townsend | | X | X | X | | | Sequim | | X | X | X | | | Shelton | | X | X | X | | | Woodland | | X | X | X | | | | | | | | | 2025 | Clallam County | | X | | X | | | Island County | | X | | X | | | Jefferson County | | X | | X | | | Lewis County | | X | | X | | | Mason County | | X | | X | | | | | | | | | 2025 | Blaine | | X | | | | | Bucoda | | X | | | | | Concrete | | X | | | | | Coupeville | | X | | | | | Everson | | X | | | | | Forks | | X | | | | | Friday Harbor | | X | | | | | Hamilton | | X | | | | | La Center | | X | | | | | La Conner | | X | | | | | Langley | | X | | | | | Lyman | | X | | | | | Morton | | X | | | | | Mossyrock | | X | | | | | Napavine | | X | | | | | Nooksack | | X | | | | | Pe Ell | | X | | | | | Rainier | | X | | | | | San Juan County | | X | | | | | Sumas | | X | | | | | Tenino | | X | | | | | Toledo | | X | | | | | Vader | | X | | | | | Winlock | | X | | | | | Yacolt | | X | | | | | | | | | | | 2026 | Airway Heights | X | X | X | X | | | Benton County | X | X | X | X | | | Cheney | X | X | X | X | | | Franklin County | X | X | X | X | | | Kennewick | X | X | X | X | | | Liberty Lake | X | X | X | X | | | Pasco | X | X | X | X | | | Prosser | X | X | X | X | | | Richland | X | X | X | X | | | Spokane | X | X | X | X | | | Spokane County | X | X | X | X | | | Spokane Valley | X | X | X | X | | | West Richland | X | X | X | X | | | | | | | | | 2026 | East Wenatchee | | X | X | X | | | Ellensburg | | X | X | X | | | Grandview | | X | X | X | | | Longview | | X | X | X | | | Sunnyside | | X | X | X | | | Toppenish | | X | X | X | | | Union Gap | | X | X | X | | | Walla Walla | | X | X | X | | | Wenatchee | | X | X | X | | | Yakima | | X | X | X | | | | | | | | | 2026 | Chelan County | | X | | X | | | College Place | | X | | X | | | Douglas County | | X | | X | | | Kittitas County | | X | | X | | | Walla Walla County | | X | | X | | | Yakima County | | X | | X | | | | | | | | | 2026 | Benton City | | X | | | | | Bridgeport | | X | | | | | Cashmere | | X | | | | | Chelan | | X | | | | | Cle Elum | | X | | | | | Connell | | X | | | | | Deer Park | | X | | | | | Entiat | | X | | | | | Fairfield | | X | | | | | Granger | | X | | | | | Harrah | | X | | | | | Kahlotus | | X | | | | | Kittitas | | X | | | | | Latah | | X | | | | | Leavenworth | | X | | | | | Mabton | | X | | | | | Mansfield | | X | | | | | Medical Lake | | X | | | | | Mesa | | X | | | | | Millwood | | X | | | | | Moxee | | X | | | | | Naches | | X | | | | | Prescott | | X | | | | | Rock Island | | X | | | | | Rockford | | X | | | | | Roslyn | | X | | | | | Selah | | X | | | | | South Cle Elum | | X | | | | | Spangle | | X | | | | | Tieton | | X | | | | | Waitsburg | | X | | | | | Wapato | | X | | | | | Waterville | | X | | | | | Waverly | | X | | | | | Zillah | | X | | | | | | | | | | | 2027 | Ephrata | | X | X | X | | | Moses Lake | | X | X | X | | | Quincy | | X | X | X | | | | | | | | | 2027 | Grant County | | X | | X | | | Pacific County | | X | | X | | | Stevens County | | X | | X | | | | | | | | | 2027 | Chewelah | | X | | | | | Columbia County | | X | | | | | Colville | | X | | | | | Coulee City | | X | | | | | Coulee Dam | | X | | | | | Cusick | | X | | | | | Dayton | | X | | | | | Electric City | | X | | | | | Garfield County | | X | | | | | George | | X | | | | | Grand Coulee | | X | | | | | Hartline | | X | | | | | Ione | | X | | | | | Ilwaco | | X | | | | | Kettle Falls | | X | | | | | Krupp | | X | | | | | Long Beach | | X | | | | | Marcus | | X | | | | | Mattawa | | X | | | | | Metaline | | X | | | | | Newport | | X | | | | | Northport | | X | | | | | Pend Oreille County | | X | | | | | Pomeroy | | X | | | | | Raymond | | X | | | | | Royal City | | X | | | | | Soap Lake | | X | | | | | South Bend | | X | | | | | Springdale | | X | | | | | Starbuck | | X | | | | | Warden | | X | | | | | Wilson Creek | | X | | | | | | | | | | | 2029 | Arlington | X | X | X | 2024 periodic update | | | Auburn | X | X | X | 2024 periodic update | | | Bainbridge Island | X | X | X | 2024 periodic update | | | Bellevue | X | X | X | 2024 periodic update | | | Bonney Lake | X | X | X | 2024 periodic update | | | Bothell | X | X | X | 2024 periodic update | | | Bremerton | X | X | X | 2024 periodic update | | | Brier | X | X | X | 2024 periodic update | | | Burien | X | X | X | 2024 periodic update | | | Covington | X | X | X | 2024 periodic update | | | Des Moines | X | X | X | 2024 periodic update | | | DuPont | X | X | X | 2024 periodic update | | | Duvall | X | X | X | 2024 periodic update | | | Edgewood | X | X | X | 2024 periodic update | | | Edmonds | X | X | X | 2024 periodic update | | | Enumclaw | X | X | X | 2024 periodic update | | | Everett | X | X | X | 2024 periodic update | | | Federal Way | X | X | X | 2024 periodic update | | | Fife | X | X | X | 2024 periodic update | | | Fircrest | X | X | X | 2024 periodic update | | | Gig Harbor | X | X | X | 2024 periodic update | | | Issaquah | X | X | X | 2024 periodic update | | | Kenmore | X | X | X | 2024 periodic update | | | Kent | X | X | X | 2024 periodic update | | | King County | X | X | X | 2024 periodic update | | | Kirkland | X | X | X | 2024 periodic update | | | Kitsap County | X | X | X | 2024 periodic update | | | Lake Forest Park | X | X | X | 2024 periodic update | | | Lake Stevens | X | X | X | 2024 periodic update | | | Lakewood | X | X | X | 2024 periodic update | | | Lynnwood | X | X | X | 2024 periodic update | | | Maple Valley | X | X | X | 2024 periodic update | | | Marysville | X | X | X | 2024 periodic update | | | Mercer Island | X | X | X | 2024 periodic update | | | Mill Creek | X | X | X | 2024 periodic update | | | Milton | X | X | X | 2024 periodic update | | | Monroe | X | X | X | 2024 periodic update | | | Mountlake Terrace | X | X | X | 2024 periodic update | | | Mukilteo | X | X | X | 2024 periodic update | | | Newcastle | X | X | X | 2024 periodic update | | | Normandy Park | X | X | X | 2024 periodic update | | | North Bend | X | X | X | 2024 periodic update | | | Orting | X | X | X | 2024 periodic update | | | Pacific | X | X | X | 2024 periodic update | | | Pierce County | X | X | X | 2024 periodic update | | | Port Orchard | X | X | X | 2024 periodic update | | | Poulsbo | X | X | X | 2024 periodic update | | | Puyallup | X | X | X | 2024 periodic update | | | Redmond | X | X | X | 2024 periodic update | | | Renton | X | X | X | 2024 periodic update | | | Sammamish | X | X | X | 2024 periodic update | | | SeaTac | X | X | X | 2024 periodic update | | | Seattle | X | X | X | 2024 periodic update | | | Shoreline | X | X | X | 2024 periodic update | | | Snohomish | X | X | X | 2024 periodic update | | | Snohomish County | X | X | X | 2024 periodic update | | | Snoqualmie | X | X | X | 2024 periodic update | | | Stanwood | X | X | X | 2024 periodic update | | | Steilacoom | X | X | X | 2024 periodic update | | | Sumner | X | X | X | 2024 periodic update | | | Tacoma | X | X | X | 2024 periodic update | | | Tukwila | X | X | X | 2024 periodic update | | | University Place | X | X | X | 2024 periodic update | | | Woodinville | X | X | X | 2024 periodic update | | | | | | | | | 2029 | Algona | | X | | | | | Beaux Arts Village | | X | | | | | Black Diamond | | X | | | | | Buckley | | X | | | | | Carbonado | | X | | | | | Carnation | | X | | | | | Clyde Hill | | X | | | | | Darrington | | X | | | | | Eatonville | | X | | | | | Gold Bar | | X | | | | | Granite Falls | | X | | | | | Hunts Point | | X | | | | | Index | | X | | | | | Medina | | X | | | | | Roy | | X | | | | | Ruston | | X | | | | | Skykomish | | X | | | | | South Prairie | | X | | | | | Sultan | | X | | | | | Wilkeson | | X | | | | | Woodway | | X | | | | | Yarrow Point | | X | | |

(a) The greenhouse gas emissions reduction subelement of the climate element is mandatory for the counties and cities specified in RCW 36.70A.095 and encouraged for all others, including those planning under RCW 36.70A.040 and those planning under chapter 36.70 RCW. The resiliency subelement of the climate element is mandatory for all counties and cities planning under RCW 36.70A.040 and is encouraged for those planning under chapter 36.70 RCW.

(b) The requirements of the greenhouse gas emissions reduction subelement of the climate element set forth in RCW 36.70A.070(9) apply only to those counties that are required or that choose to plan under RCW 36.70A.040 and that also meet either of the criteria set forth in (i), (ii), or (iii) of this subsection on or after April 1, 2021, and the cities with populations greater than 6,000 as of April 1, 2021, within those counties:

(i) A county with a population density of at least 100 people per square mile and a population of at least 200,000;

(ii) A county bordering on the Columbia and Snake rivers with a population density of at least 75 people per square mile and an annual growth rate of at least 1.65 percent; or

(iii) A county located to the west of the crest of the Cascade mountains with a population of at least 130,000.

(i) Counties and cities that meet the population criteria set forth in this subsection; and

(ii) Cities with populations of 6,000 or greater as of April 1, 2021, that are located in a county that is required or chooses to plan under RCW 36.70A.040.

(d) The requirements of RCW 36.70A.095(3) relating to the land use element apply only to:

(i) Counties and cities that meet the population criteria set forth in this subsection and (c) of this subsection; and

(ii) Counties that have a population of 20,000 or greater as of April 1, 2021, and that are required or that choose to plan under RCW 36.70A.040.

See conditions of applicability in RCW 36.70A.095.

(3) The resiliency subelement. The resiliency subelement must equitably enhance resiliency to, and avoid or substantially reduce the adverse impacts of, climate change in human communities and ecological systems through goals, policies, and programs consistent with the best available science as described in chapter 365-195 WAC and scientifically credible climate projections and impact scenarios that moderate or avoid harm, enhance the resiliency of natural and human systems, and enhance beneficial opportunities. The resiliency subelement must prioritize actions that benefit overburdened communities that will disproportionately suffer from compounding environmental impacts and will be most impacted by natural hazards due to climate change.

(a) Specific goals, policies, and programs of the resiliency subelement must include, but are not limited to, those designed to:

(i) Identify, protect, and enhance natural areas to foster resiliency to climate impacts, as well as areas of vital habitat for safe passage and species migration;

(ii) Identify, protect, and enhance community resiliency to climate change impacts, including social, economic, and built environment factors, that support adaptation to climate impacts consistent with environmental justice; and

(iii) Address areas at high risk for climate-aggravated or climate-created natural hazards, including sea level rise, landslides, flooding, drought, heat, smoke, wildfire, and other effects of changes to temperature and precipitation patterns. Sea level rise provisions are also subject to the requirements of RCW 90.58.630.

(b) A natural hazard mitigation plan or similar plan that is guided by RCW 36.70A.020(14) that prioritizes actions that benefit overburdened communities, and that complies with the applicable requirements of chapter 36.70 RCW, including the requirements set forth in RCW 36.70A.070 (9)(e), may be adopted by reference to satisfy these requirements, except that to the extent any of the substantive requirements of RCW 36.70A.070 (9)(e) are not addressed, or are inadequately addressed, in the referenced natural hazard mitigation plan, a county or city must supplement the natural hazard mitigation plan accordingly so that the adopted resiliency subelement complies fully with the substantive requirements of RCW 36.70A.070 (9)(e).

(i) If a county or city intends to adopt by reference a federal emergency management agency natural hazard mitigation plan in order to meet all or part of the substantive requirements set forth in RCW 36.70A.070 (9)(e), and the most recently adopted federal emergency management agency natural hazard mitigation plan does not comply with the requirements of RCW 36.70A.070 (9)(e), the department may grant the county or city an extension of time in which to submit a natural hazard mitigation plan.

(ii) Eligibility for an extension under this subsection prior to July 1, 2027, is limited to a city or county required to review and, if needed, revise its comprehensive plan on or before June 30, 2025, as provided in RCW 36.70A.130, or for a city or county with an existing, unexpired federal emergency management agency natural hazard mitigation plan scheduled to expire before December 31, 2024.

(iii) Extension requests after July 1, 2027, may be granted if requirements for the resiliency subelement are amended or added by the legislature or if the department finds other circumstances that may result in a potential finding of noncompliance with a jurisdiction's existing and approved federal emergency management agency natural hazard mitigation plan.

(iv) A city or county that wishes to request an extension of time must submit a request in writing to the department no later than 60 days before the date on which the city or county is required to review and, if needed, revise its comprehensive plan as provided in RCW 36.70A.130.

(v) Upon the submission of such a request to the department, the county or city may have an additional 48 months from the date provided in RCW 36.70A.130 in which to either adopt by reference an updated federal emergency management agency natural hazard mitigation plan or adopt its own natural hazard mitigation plan, and to then submit that plan to the department.

(vi) The adoption of ordinances, amendments to comprehensive plans, amendments to development regulations, and other nonproject actions taken by a county or city pursuant to RCW 36.70A.070 (9)(d) in order to implement measures specified by the department pursuant to RCW 70A.45.120 are not subject to administrative or judicial appeal under chapter 43.21C RCW.

(4) The greenhouse gas emissions reduction subelement. The greenhouse gas emissions reduction subelement of the comprehensive plan and its related development regulations must identify the actions the jurisdiction will take during the planning cycle, consistent with the guidelines published by the department, pursuant to RCW 70A.45.120.

(a) The greenhouse gas subelement will identify actions that will:

(i) Result in reductions in overall greenhouse gas emissions generated by transportation and land use within the jurisdiction but without increasing greenhouse gas emissions elsewhere in the state;

(ii) Result in reductions in per capita vehicle miles traveled within the jurisdiction but without increasing greenhouse gas emissions elsewhere in the state; and

(iii) Prioritize reductions that benefit overburdened communities in order to maximize the co-benefits of reduced air pollution and environmental justice.

(b) Actions not specifically identified in the guidelines developed by the department pursuant to RCW 70A.45.120 may be considered consistent with these guidelines only if:

(i) They are projected to achieve greenhouse gas emissions reductions or per capita vehicle miles traveled reductions equivalent to what would be required of the jurisdiction under the guidelines adopted by the department; and

(ii) They are supported by scientifically credible projections and impact scenarios that indicate their adoption is likely to result in reductions of greenhouse gas emissions or per capita vehicle miles traveled.

(c) A jurisdiction may not restrict population growth or limit population allocation in order to achieve the requirements of RCW 36.70A.070 (9)(d).

(d) The department may not propose or adopt guidelines that include any charge for road usage charge, or any fees or surcharges related to vehicle miles traveled.

(5) Recommendations for both climate subelements. A climate element may take the form of a single chapter or may be a collection of climate goals and policies integrated into other chapters (for example, land use, housing, and transportation elements).

(a) Climate sectors.

(i) The climate resiliency and greenhouse gas emissions reduction subelements should include climate goals and policies that could also be characterized within multiple climate sectors ((A) through (K) below) and as defined by WAC 365-196-210:

(A) Agriculture and food systems;

(B) Built environment and energy;

(D) Economic development;

(E) Emergency management;

(F) Health and well-being;

(G) Ecosystems;

(H) Transportation;

(I) Waste management;

(J) Water resources;

(K) Zoning;

(b) Climate goals and policies (measures).

(i) This section describes each climate subelement individually. However, a county or city may choose to integrate climate element goals and policies (measures) throughout the other mandatory GMA elements, as climate measures typically address multiple co-benefits within the realm of control of a county or city.

(ii) Resiliency subelement goals and policies should:

(A) Address each natural hazard aggravated by climate change that is relevant to a county or city, based on the science-based assessment of climate impacts prescribed in RCW 36.70A.070 (9)(e)(i)(C).

(B) Address all applicable climate sectors prescribed in subsection (2) of this section. This will help ensure that the collective goals and policies enhance beneficial opportunities as well as address important areas that may not be included elsewhere in a county's or city's comprehensive plan or hazard mitigation plan.

(iii) GHG emission reduction subelement goals and policies should:

(A) Include goals and policies within the following three climate sectors prescribed in (a)(i)(B), (H), and (K) of this subsection: Built environment and energy; transportation; and zoning. This will ensure that the collective goals and policies address the climate sectors that generate the largest share of emissions in Washington, minimize emissions from natural sources, and protect and enhance natural carbon sinks. Based on the county's or city's greenhouse gas emission estimate or inventory, the jurisdiction's goals and policies may also be within additional sectors such as ecosystems, waste management, and water resources.

(B) GHG emissions reduction goals and policies equivalent to what is required under RCW 36.70A.070 (9)(d) shall be included to reduce GHG emissions and per capita vehicle miles traveled. For the purpose of this section, "equivalent" means goals and policies that:

(I) Are projected to achieve greenhouse gas emissions reductions or per capita vehicle miles traveled reductions equivalent to what would be required of the jurisdiction under the guidelines adopted by the department; and

(II) Are supported by scientifically credible projections and scenarios that indicate their adoption is likely to result in reductions of greenhouse gas emissions or per capita vehicle miles traveled.

(6) Recommendations for meeting the requirements of the resilience subelement.

(a) Planning process. Counties and cities that plan under RCW 36.70A.040 must create a climate resilience subelement and then review and revise it at least once every 10-year comprehensive plan periodic update cycle, based on best available science and scientifically credible climate projections per subsection (3) of this section. A natural hazard mitigation plan may be adopted by reference to satisfy the resilience subelement minimum requirements. To meet the requirements, it is recommended to document and utilize the following process:

(i) Step 1: Explore local climate impacts using mapping tools or similar resources, such as the University of Washington's Climate Mapping for a Resilient Washington tool. Supplement the tool, as needed, with more precise climate impact data as available.

(ii) Step 2: Review existing plans and policies adopted by the county or city to identify climate resilience policy gaps, barriers, and opportunities. Conclude this step by determining whether to proceed directly to Step 3 or skip to Step 4, as a climate vulnerability and risk assessment may not be necessary for every county or city.

(iii) Step 3: Conduct a vulnerability and risk assessment to identify assets with the highest relative climate vulnerability and risk. This information can help prioritize and tailor measures for a hazard mitigation plan, a comprehensive plan and subsequent development regulations, or shoreline master program provisions.

(iv) Step 4: Pursue an individual pathway, or a combination of pathways within this section and within the department's climate planning guidance to select goals and policies that build climate resilience. Pathways include:

(A) Pathway 1 - Utilize or revise existing comprehensive plan goals and policies;

(B) Pathway 2 - Develop new goals and policies utilizing the department's guidance; and

(C) Pathway 3 - Update a hazard mitigation plan in accordance with 44 C.F.R., Part 201 (2022 as amended) and adopt it, by reference, in the comprehensive plan.

(v) Step 5: Amend a comprehensive plan with new or adapted goals and policies. If a county or city decides to integrate climate resilience goals and policies in other elements, rather than within a single climate chapter, then the county or city should include an index of the location of the full suite of climate resilience policies when submitting its plan for the department's review.

(b) Hazard mitigation plans that FEMA has approved as meeting the regulations in 44 C.F.R., Part 201.6, including meeting the minimum requirements for approval according to FEMA's current Local Mitigation Planning Policy.

(i) If a county's or city's hazard mitigation plan is adopted by reference in the comprehensive plan but does not address all the minimum requirements prescribed in subsection (3)(a) of this section, the county or city must address those unmet requirements via supplemental goals and policies in its comprehensive plan.

(ii) Similarly, if a county's or city's hazard mitigation plan is adopted by reference in the comprehensive plan but does not address all of the climate sectors prescribed in subsection (5)(a)(i) of this section and all relevant natural hazards in subsection (3)(a) of this section, the county or city should address those sector gaps with supplemental measures in its comprehensive plan.

(7) Recommendations for meeting the GHG emissions reduction subelement requirements. Planning process. Counties and cities that meet any of the criteria in subsection (2)(b) of this section must create a greenhouse gas emissions reduction subelement and revise it every comprehensive plan periodic update cycle, based on updated emissions data for the county or city's geographic area and other information. The department recommends the following process:

(a) Step 1: Select a pathway within this section to reduce greenhouse gas emissions and per capita vehicle miles traveled within the county or city's geographic area. Counties and cities should take into account: The availability of local data; staff and budget capacity; whether they are subject to any of the criteria in subsection (2)(b) of this section; and, whether they plan to seek the department's approval per RCW 36.70A.096.

(i) Pathway 1: Counties and cities that wish to voluntarily create a greenhouse gas emissions reduction subelement, and that are not subject to any of the criteria in subsection (2)(b) of this section may ground their choices for reduction measures by conducting an estimate of greenhouse gas emissions in combination with a study of per capita vehicle miles traveled.

(ii) Pathway 2: Counties and cities that are required to create a greenhouse gas emissions reduction subelement and that are subject to any of the criteria in subsection (2)(b) of this section should conduct an inventory of local greenhouse gas emissions. This inventory will include all emission sources, including VMT.

(b) Step 2: Determine the scope, scale, and approach for measuring emissions and per capita vehicle miles traveled within the county's or city's geographic area, as per the selected pathway.

(c) Step 3: Gather sector-specific data, particularly transportation, energy, and buildings, as per the selected pathway and its methodology described in the department's guidance.

(d) Step 4: Calculate emissions based on the data gathered and include a summary table of the data within the comprehensive plan element. This summary table should provide a baseline for tracking progress of reduction measures and establish a record that can be updated for five-year periodic reporting. For those counties and cities required to create a greenhouse gas emissions subelement, set an emissions baseline of 2022 and develop incremental emission-reduction targets toward reaching net-zero emissions by 2050, commensurate with Washington's statewide target, as per RCW 70A.45.020 (1)(c).

(e) Step 5: Select a complimentary set of comprehensive plan goals and policies that combined will:

(i) Achieve incremental and 2050 emissions targets; and

(ii) Reduce per capita vehicle miles traveled. Counties and cities should work with their transportation planning organization to set targets for reducing per capita vehicle miles traveled.

(iii) Select GHG emission-reduction goals and policies from the model policies published with the department's guidance. If a county or city adopts comprehensive plan policies that are not consistent with the department's model measures, then the county or city should use a science-based emissions inventory and carbon wedge analysis to demonstrate that its collective goals and policies are projected to achieve greenhouse gas reductions and protect and enhance natural carbon sinks equivalent to what would be achieved under the department's guidelines, per subsection (4) of this section.

(f) Step 6: Amend the comprehensive plan with new or adapted climate goals and policies. If a county or city decides to integrate greenhouse gas emission reduction goals and policies in other elements rather than within a single climate chapter, then the county or city should provide an index of the location of the full suite of climate measures in a memo when submitting its plans for the department's review. The county and city should preserve the memo as a record of adoption.

(g) Step 7: Evaluate progress at least every five years toward adopted emissions targets, as prescribed in subsection (4) of this section.

(i) Track greenhouse gas emissions and vehicle miles traveled on a total and per capita basis so that emissions reduction is not masked by population growth.

(ii) For the climate measures that provide qualitative benefits, and cannot practically be measured quantitatively, the county or city may report progress on its efforts to advance adopted policies such as updating development regulations, zoning, and engineering design and development standards. Best practices are available in the department's guidance.

(8) Implementation progress reports.

(a) Where applicable, a county or city must prepare an implementation progress report every five years in accordance with the schedule described in RCW 36.70A.130, which is generally five years after the adoption of their comprehensive plan. The implementation progress report as described in RCW 36.70A.130(9) must include progress reports on the county's or city's implementation of several GMA elements. This section will focus on the mandatory reporting for the climate element.

(b) In addressing progress on climate measures, a county or city should include a list of climate measures by climate sector that demonstrate consistency with the climate element requirements of this chapter and what progress has been achieved in five years.

(c) If the county or city is required to include a greenhouse gas emissions element per subsection (2) of this section and required to provide an implementation progress report per RCW 36.70A.130(9), then the report shall include the quantified progress on greenhouse gas emissions and vehicle miles traveled reductions per capita within the jurisdiction.

(d) If the county or city is required to include a greenhouse gas emissions element per subsection (2) of this section and required to provide an implementation progress report per RCW 36.70A.130(9), then the report shall include a list of measures that support the reductions.

(9) Approval of local greenhouse gas emissions reduction subelement.

(a) Counties and cities that are subject to any of the criteria in subsection (2)(b)(i) through (iii) of this section may seek the department's approval of their subelement. This process is voluntary.

(i) A county or city voluntarily seeking the department's approval of the greenhouse gas emissions reduction subelement must utilize an emissions inventory to select goals and policies that at a minimum satisfy requirements prescribed in subsection (2) of this section.

(ii) Counties and cities seeking the department's approval of their subelement should adopt goals and policies similar to the model goals and policies published by the department, that are within the following three climate sectors, at a minimum:

(A) Transportation;

(B) Built environment and energy; and

(iii) The goals and policies must be within the county's or city's authority to implement and support achieving net-zero emissions by 2050. Such counties or cities should also consider adopting goals and policies from the other sectors, based on a local emissions inventory.

(b) County and city submittal procedure for voluntary review of subelement and time considerations.

| Timeline | Submit Notice of Intent 120 days prior to application (~110 days prior to adoption) | Local adoption and Periodic Update Due date | Within 10 days of adoption, submit voluntary approval application | Commerce review period (180 days) | Subelement becomes effective when approved by the department | | --- | --- | --- | --- | --- | --- |

(i) Notice of intent (NOI) must be in writing and submitted to the department at least 120 days prior to applying for approval of the subelement.

(ii) An application for approval of a subelement must be within 10 days of taking local action to adopt a greenhouse gas emissions reduction subelement. The adopting ordinance should state that the effective date is upon approval by the department. The application to the department must include the following:

(A) A cover letter from the legislative authority requesting approval;

(B) A copy of the adopted ordinance or resolution for the legislative action to adopt the subelement;

(C) A statement of the goals and policies that are adopted that are consistent with this section, which will demonstrate that the subelement complies with RCW 36.70A.070 (9)(d). The statement must affirm that the subelement includes:

(I) GHG reduction targets;

(II) Goals and policies that will result in overall reductions of GHG emissions and reductions of vehicle miles traveled per capita; and

(III) Goals and policies that are prioritized to benefit overburdened communities.

(D) A copy of the record of actions that the legislative body relied upon in iterative development of the subelement;

(E) A copy of the emissions inventory as described in (b)(i) or (ii) of this subsection as applicable;

(i) The department will begin reviewing the draft subelement after receipt of the NOI and will advise the county or city of the actions necessary to receive approval.

(ii) The department will approve a proposed greenhouse gas emissions reduction subelement within 180 days of an application unless it determines that the proposed greenhouse gas emissions reduction subelement is not consistent with the policy of RCW 36.70A.070 and, after they are adopted, the applicable guidelines adopted under RCW 70A.45.120.

(iii) The department's final decision to approve or reject the subelement may be appealed as provided in RCW 36.70A.096(6).

(iv) The department's issued decision will state that it is the department's final decision and that there shall be no further modifications by the city or county to the proposed greenhouse gas emissions reduction subelement during the current update cycle. Any modifications by a city or county after the department's final decision will cancel legal protections as provided in RCW 36.70A.280.

History

Statutory Authority: RCW 36.70A.190 (4)(b), 36.70A.096, and 36.70A.190(8). WSR 26-01-181, s 365-196-443, filed 12/23/25, effective 1/23/26.

Wash. Admin. Code § 365-196-445 Optional elements.

(1) A comprehensive plan may include additional elements, items, or studies dealing with other subjects relating to the physical development within its jurisdiction, including, but not limited to:

(a) Conservation;

(b) Solar energy.

(2) A comprehensive plan may include, where appropriate, subarea plans. Subarea plans must be consistent with the comprehensive plan.

(3) The department recommends that counties and cities give strong consideration to including elements on the following within comprehensive plans:

(a) Environmental protection (including critical areas);

(b) Natural resource lands (where applicable);

(d) Historic preservation;

(e) Natural hazard reduction.

History

Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 10-03-085, § 365-196-445, filed 1/19/10, effective 2/19/10.

Wash. Admin. Code § 365-196-450 Historic preservation.

(1) RCW 36.70A.020(13) calls on counties and cities to identify and encourage the preservation of lands, sites, and structures that have historical or archaeological significance, herein referred to as "cultural resources." Although the act does not require a separate historic preservation element, counties and cities must be guided by the historic preservation goal in their comprehensive plan.

(2) Recommendations for meeting requirements. Counties and cities should address historic preservation in coordination with their other associated obligations.

(a) Identifying cultural resources.

(i) Counties and cities may use existing programs to identify cultural resources. Counties and cities may consult with the department of archaeology and historic preservation for information and technical assistance regarding identification and protection of cultural resources.

(ii) Examples of existing programs that identify cultural resources include:

(A) The National Register of Historic Places;

(B) The Washington Heritage Register;

(C) Properties that are identified by the department of archaeology and historic preservation (DAHP) to be eligible for listing in either one of these registers; and

(D) Properties which are listed in a local register of historic places.

(iii) Counties and cities should also identify areas designated as traditional cultural properties. A "traditional cultural property" is a property which has traditional cultural significance. It is associated with the cultural practices or beliefs of a living community that are rooted in that community's history, and are important in maintaining the continuing cultural identity of the community. Because the location of these sites is uncertain and not on a public register, counties and cities should cooperate with the cultural resource officers of any potentially affected tribal governments to establish a protocol to identify cultural resources and procedures to protect any cultural resources that are identified or discovered during development activity. Counties and cities may establish a cultural resource data-sharing agreement with the department of archaeology and historic preservation to help identify sites with potential cultural historic or archaeological significance.

(iv) Counties and cities may, through existing data, attempt to identify sites with a high likelihood of containing cultural resources. If cultural resources are discovered during construction, irreversible damage to the resource may occur and significant and costly project delays are likely to occur. Establishing an early identification process can reduce the likelihood of these problems.

(b) Encouraging preservation of cultural resources.

(i) Counties and cities should include a process for encouraging the preservation of cultural resources. Counties and cities should start with an identification of existing state and federal requirements that encourage the preservation of cultural resources. These requirements include:

(A) Executive Order 05-05;

(B) Archaeological sites and resources (chapter 27.53 RCW);

(D) Indian graves and records (chapter 27.44 RCW);

(E) Human remains legislation (HB 2624);

(F) Abandoned and historic cemeteries and historic graves (chapter 68.60 RCW);

(G) Surcharge for preservation of historical documents (RCW 36.22.170);

(H) Shoreline Management Act (RCW 90.58.100);

(I) SEPA procedures (WAC 197-11-960).

(ii) Other potential strategies. Counties and cities should then assess if any additional steps are needed to implement the goals and policies established in the comprehensive plan regarding preservation of cultural resources. If a city or county determines any additional steps are needed, the following are other measures that are a means of encouraging the preservation of cultural resources:

(A) Establish a local preservation program and a historic preservation commission through adoption of a local preservation ordinance. The department of archaeology and historic preservation provides guidance on using the National Certified Local Government program as a local program.

(B) Establish zoning, financial, and procedural incentives for cultural and historic resource protection.

(D) Establish incentives such as preservation covenants/easements and/or current use/open space taxation programs.

(E) Establish design guidelines, and authorize historic overlay/historic district zoning.

(F) Adopt the historic building code.

(G) Establish a program for transfer of development rights to encourage historic preservation.

History

Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 25-17-058, s 365-196-450, filed 8/15/25, effective 9/15/25
WSR 10-03-085, § 365-196-450, filed 1/19/10, effective 2/19/10.

Wash. Admin. Code § 365-196-455 Land use compatibility adjacent to general aviation airports.

(1) Requirements:

(a) Counties and cities in which there is located a general aviation airport operated for the benefit of the general public must, through their comprehensive plans and development regulations, discourage the siting of incompatible uses adjacent to such an airport.

(b) Comprehensive plans or development regulations that affect lands adjacent to a general aviation airport may only be adopted or amended after formal consultation with the following: Airport owners and managers, private airport operators, general aviation pilots, ports, and the aviation division of the Washington state department of transportation.

(c) All proposed and adopted plans and regulations must be filed with the aviation division of the Washington state department of transportation within a reasonable time after release for public consideration and comment, but at least sixty days before adoption. See WAC 365-196-630 regarding notice to state agencies.

(d) General aviation airports are essential public facilities. Counties and cities must also ensure that proposed changes to comprehensive plans and development regulations are consistent with policies governing siting essential public facilities adopted under RCW 36.70A.200. See WAC 365-196-550 regarding essential public facilities.

(2) Recommendations for requirements:

(a) Counties and cities should invite formal consultation for any proposed change to the comprehensive plan or development regulations that may affect airport operations. This should include: Any comprehensive plan or development regulation proposal that may affect land uses within the airport traffic pattern and approach in ways that may be incompatible with airport operations; and any proposal that may create an airspace hazard or obstruction.

(b) Counties and cities should coordinate closely with the aviation division of the Washington state department of transportation, and consider technical assistance materials, including airport master plans, airport layout plans, and other resources made available by the aviation division. Counties and cities are encouraged to contact the aviation division of the Washington state department of transportation early in the process of drafting development regulations and comprehensive plan policies that implement RCW 36.70.547.

(c) Counties and cities may, in coordination with the airport owner, conduct an evaluation of compatible and incompatible land uses adjacent to the airport. In most instances an evaluation would include a radius of at least one mile around the airport and the approach. This evaluation and related planning processes may address the following:

(i) Incompatibly issues of residential encroachment;

(ii) High intensity uses such as K-12 schools, hospitals and major sporting events;

(iii) Airspace and height hazard obstructions;

(iv) Noise and safety issues; and

(v) Other issues unique to each airport, such as topography and geographic features.

History

Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 10-03-085, § 365-196-455, filed 1/19/10, effective 2/19/10.

Wash. Admin. Code § 365-196-460 Master planned resorts.

(1) The act allows for master planned resorts to provide counties with a means of capitalizing on areas of significant natural amenities to provide sustainable economic development for its rural areas. The requirements allow for master planned resorts without degrading the rural character of the county or imposing a public service burden on the county.

(2) A master planned resort is a self-contained, fully integrated planned unit development, in a setting of significant natural amenities, with primary focus on destination resort facilities, consisting of short-term visitor accommodations associated with a range of developed on-site indoor or outdoor recreational facilities. Residential uses are permitted only if they are integrated into and support the on-site recreational nature of the resort.

(3) Master planned resorts may include public facilities and services beyond those normally provided in rural areas. However, those provided on-site must be limited to those that meet the needs of the master planned resort. Services may be developed on-site or may be provided by other service providers, including special purpose districts or municipalities. All costs associated with service extensions and capacity increases directly attributable to the master planned resort must be borne by the resort, rather than the county. A master planned resort may enter into development agreements with service providers to share facilities, provided the services serve either an existing urban growth area or the master planned resort. Such agreements may not allow or facilitate extension of urban services outside of the urban growth area or the master planned resort. When approving the master planned resort, the county must conclude that on-site and off-site infrastructure and service impacts are fully considered and mitigated.

(4) A county must include policies in its rural element to guide the development of master planned resorts before it can approve a master planned resort. These policies must preclude new urban or suburban land uses in the vicinity of the master planned resort unless those uses are otherwise within a designated urban growth area.

(5) When approving a master planned resort, a county must conclude, supported by the record before it, that the master planned resort is consistent with the development regulations protecting critical areas.

(6) If the area designated as a master planned resort includes resource lands of long-term commercial significance, a county must conclude, supported by the record before it, that the land is better suited, and has more long-term importance for the master planned resort than for the commercial harvesting of timber, minerals, or agricultural production. Because this conclusion effects a dedesignation of resource lands, it must be based on the criteria and the process contained in chapter 365-190 WAC. Even if lands are dedesignated, the master planned resort may not operationally interfere with the continued use of any adjacent resource lands of long-term commercial significance for natural resource production.

(7) The initial effective date of an action that creates or expands a master planned resort is the latest of the following dates per RCW 36.70A.067:

(b) If a petition for review to the growth management hearings board is timely filed, upon issuance of the board's final order.

History

Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 25-17-058, s 365-196-460, filed 8/15/25, effective 9/15/25
WSR 10-03-085, § 365-196-460, filed 1/19/10, effective 2/19/10.

Wash. Admin. Code § 365-196-465 Major industrial developments.

(1) General authority for major industrial developments. A county required or choosing to plan under the act may establish, in consultation with cities under the countywide planning policies outlined in RCW 36.70A.210, a process for reviewing and approving proposals to authorize siting of specific major industrial developments outside urban growth areas.

(2)(a) "Major industrial development" means a master planned location for specific manufacturing, industrial, or commercial businesses that:

(i) Requires a parcel of land so large that no suitable parcels are available within an urban growth area; or

(ii) Is a natural resource-based industry requiring a location near agricultural land, forest land, or mineral resource land upon which it is dependent.

(b) The major industrial development shall not be for the purpose of retail commercial development or multitenant office parks.

(3) Establishment of a review process required. Before reviewing an application for a major industrial development, counties, in consultation with cities, must establish a process for reviewing and approving applications.

(4) Criteria for approving a major industrial development. A major industrial development may be approved outside an urban growth area if criteria including, but not limited to the following, are met:

(a) New infrastructure is provided for and/or applicable impact fees are paid;

(b) Transit-oriented site planning and traffic demand management programs are implemented;

(d) Environmental protection including air and water quality has been addressed and provided for;

(e) Development regulations are established to ensure that urban growth will not occur in adjacent nonurban areas;

(f) Provision is made to mitigate adverse impacts on designated agricultural lands, forest lands, and mineral resource lands;

(g) The major industrial development plan is consistent with the county's development regulations for critical areas;

(h) An inventory of developable land has been conducted and the county has determined and entered findings that land suitable to site the major industrial development is unavailable within the urban growth area. Priority shall be given to applications for sites that are adjacent to or in close proximity to the urban growth area.

(5) Amendment to the comprehensive plan.

(a) Final approval of an application for a major industrial development is an amendment to the comprehensive plan adopted pursuant to RCW 36.70A.070, designating the major industrial development site on the land use map as an urban growth area. The major industrial development is considered urban growth. Urban services may be provided at any scale and intensity. Major industrial developments are not required to be consistent with rural character or limited to the scale and intensity of an existing rural location.

(b) An application for a major industrial development may be considered at any time and is an exception to the general rule that amendments should be considered no more frequently than once per year.

(6) Public participation.

(a) Counties should address public participation procedures for major industrial developments when establishing the process for approval of major industrial developments. Counties should use existing public participation procedures for amending the comprehensive plan and amending the urban growth area as a starting point and modify these procedures, if necessary, to address considerations and requirements particular to major industrial developments.

(b) The public participation process should identify how a project proposal meets the statutory criteria for siting a major industrial development. However, the act does not require these proposals to undergo a greater degree of public participation than any other action.

(7) RCW 36.70A.070 (5)(e) does not prohibit the location of a major industrial development within or adjacent to an existing limited area of more intense rural development (LAMIRD) provided it is approved consistent with RCW 36.70A.365.

History

Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 23-08-037, § 365-196-465, filed 3/29/23, effective 4/29/23
WSR 10-03-085, § 365-196-465, filed 1/19/10, effective 2/19/10.

Wash. Admin. Code § 365-196-470 Industrial land banks.

(1) In addition to the major industrial development allowed under RCW 36.70A.365, a county planning under RCW 36.70A.040 that meets the criteria in subsection (2) of this section may establish a process for designating an industrial land bank consisting of no more than two master planned locations for major industrial activity outside urban growth areas.

(a) "Industrial land bank" means up to two master planned locations, each consisting of a parcel or parcels of contiguous land, sufficiently large so as not to be readily available within the urban growth area of a city, or otherwise meeting the criteria contained in RCW 36.70A.367 (4)(a), suitable for manufacturing, industrial, or commercial businesses and designated by the county through the comprehensive planning process specifically for major industrial use.

(b) The process of designating industrial land banks must occur in consultation with cities consistent with the countywide planning policies and, where applicable multicounty planning policies.

(c) A master planned location for major industrial developments may be approved through a two-step process: Designation of an industrial land bank area in the comprehensive plan; and subsequent approval of specific major industrial developments through a local master plan process described under subsection (3)(f) of this section.

(2) Counties eligible to create an industrial land bank. Only counties that meet one of the following criteria may designate an industrial land bank:

(a) Has a population greater than 250,000 and is part of a metropolitan area that includes a city in another state with a population greater than 250,000;

(b) Has a population greater than 140,000 and is adjacent to another country;

(c) Has a population greater than 40,000 but less than 75,000 and has an average level of unemployment for the preceding three years that exceeds the average state unemployment for those years by 20 percent and is:

(i) Bordered by the Pacific Ocean;

(ii) Located in the Interstate 5 or Interstate 90 corridor; or

(iii) Bordered by Hood Canal.

(d) Is east of the Cascade divide; and

(i) Borders another state to the south; or

(ii) Is located wholly south of Interstate 90 and borders the Columbia River to the east;

(e) Has an average population density of less than 100 persons per square mile as determined by the office of financial management, and is bordered by the Pacific Ocean and by Hood Canal; or

(f) Meets all of the following criteria:

(i) Has a population greater than 40,000 but fewer than 80,000;

(ii) Has an average level of unemployment for the preceding three years that exceeds the average state unemployment for those years by 20 percent; and

(iii) Is located in the Interstate 5 or Interstate 90 corridor.

(g) A county's authority to create an industrial land bank expires on the due date for the next periodic update found in RCW 36.70A.130(4) occurring prior to December 31, 2014. Once a land bank area has been identified in the county's comprehensive plan, the authority of the county to process a master plan or site projects within an approved master plan does not expire.

(3) How to create an industrial land bank.

(a) Creation of an industrial land bank requires an amendment to a county's comprehensive plan and the adoption of development regulations.

(b) The comprehensive plan amendment that designates an industrial land bank must be accompanied by or contain an analysis that:

(i) Identifies locations suited to major industrial development due to proximity to transportation or resource assets. This should be based on an inventory of developable land as provided in RCW 36.70A.365. See WAC 365-196-465 for recommendations on major industrial developments.

(ii) Identifies the maximum size of the industrial land bank area and any limitations on major industrial developments based on local limiting factors, but does not need to specify a particular parcel or parcels of property or identify any specific use or user except as limited by this section.

(iii) Gives priority to locations that are adjacent to, or in close proximity to, an urban growth area. This should include an analysis of the availability of alternative sites within urban growth areas and the long-term annexation feasibility of sites outside of urban growth areas.

(d) A comprehensive plan amendment creating an industrial land bank may be considered at any time and is an exception to the requirement in RCW 36.70A.130(1) that the comprehensive plan may be amended no more often than once per year.

(e) Once the industrial land bank is created through the comprehensive plan amendment, approval of a specific major industrial development within the industrial land bank area requires no further amendment of the comprehensive plan.

(f) Development regulations. A county must also adopt development regulations for review and approval of specific major industrial developments through a master plan process. The development regulations governing the master plan process shall ensure, at a minimum, that:

(i) Urban growth will not occur in adjacent nonurban areas;

(ii) Development is consistent with the county's development regulations adopted for protection of critical areas;

(iii) Required infrastructure is identified and provided concurrent with development. Such infrastructure, however, may be phased in with development;

(iv) Transit-oriented site planning and demand management programs are specifically addressed as part of the master plan approval;

(v) Provision is made for addressing environmental protection, including air and water quality, as part of the master plan approval;

(vi) The master plan approval includes a requirement that interlocal agreements between the county and service providers, including cities and special purpose districts providing facilities or services to the approved master plan, be in place at the time of master plan approval;

(vii) A major industrial development is used primarily by industrial and manufacturing businesses, and that the gross floor area of all commercial and service buildings or facilities locating within the major industrial development do not exceed 10 percent of the total gross floor area of buildings or facilities in the development. The intent of this provision for commercial or service use is to meet the needs of employees, clients, customers, vendors, and others having business at the industrial site, to attract and retain a quality workforce, and to further other public objectives, such as trip reduction. These uses may not be promoted to attract additional clientele from the surrounding area. Commercial and service businesses must be established concurrently with or subsequent to the industrial or manufacturing businesses;

(viii) New infrastructure is provided for and/or applicable impact fees are paid to assure that adequate facilities are provided concurrently with the development. Infrastructure may be achieved in phases as development proceeds;

(ix) Buffers are provided between the major industrial development and adjacent rural areas;

(x) Provision is made to mitigate adverse impacts on designated agricultural lands, forest lands, and mineral resource lands; and

(xi) An open record public hearing is held before either the planning commission or hearing examiner with notice published at least 30 days before the hearing date and mailed to all property owners within one mile of the site.

(g) Required procedures. In addition to other procedural requirements that may apply, a county seeking to designate an industrial land bank under this section must:

(i) Provide countywide notice, in conformance with RCW 36.70A.035, of the intent to designate an industrial land bank. Notice must be published in a newspaper or newspapers of general circulation reasonably likely to reach subscribers in all geographic areas of the county. Notice must be provided not less than 30 days prior to commencement of consideration by the county legislative body; and

(ii) Make a written determination of the criteria and rationale used by the legislative body as the basis for siting an industrial land bank under this chapter.

History

Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 23-08-037, § 365-196-470, filed 3/29/23, effective 4/29/23
WSR 10-03-085, § 365-196-470, filed 1/19/10, effective 2/19/10.

Wash. Admin. Code § 365-196-475 Land use compatibility with military installations.

(1) Military installations are of particular importance to the economic health of the state of Washington. It is a priority of the state to protect the land surrounding military installations from incompatible development. Military training, testing, and operating areas are also critical to the mission viability of Washington's military installations.

(2) A comprehensive plan, amendment to a comprehensive plan, a development regulation, or amendment to a development regulation, should not allow development in the vicinity of a military installation that is incompatible with the installation's ability to carry out its mission requirements. A county or city may find that an existing comprehensive plan or development regulations are compatible with the installation's ability to carry out its mission requirements.

(3) As part of the requirements of RCW 36.70A.070(1), each county or city planning under the act that has a federal military installation, other than a reserve center, that employs 100 or more personnel and is operated by the United States Department of Defense within or adjacent to its border, must notify the commander of the military installation of the county's or city's intent to amend its comprehensive plan or development regulations to address lands adjacent to the military installation to ensure those lands are protected from incompatible development.

(4) The notice must request from the commander of the military installation a written recommendation and supporting facts relating to the use of land being considered in the adoption of a comprehensive plan or an amendment to a plan. The notice must provide 60 days for a response from the commander. If the commander does not submit a response to such request within 60 days, the county or city may presume that implementation of the proposed plan or amendment will not have any adverse effect on the operation of the military installation.

(5) When a county or city intends to amend its development regulations to be consistent with the comprehensive plan elements addressed in subsection (4) of this section, notice shall be provided to the commander of the military installation consistent with subsection (3) of this section. The notice shall request from the commander of the military installation a written recommendation and supporting facts relating to the use of land being considered in the amendment to the development regulations. The notice shall provide 60 days for a response from the commander to the requesting government. If the commander does not submit a response to such request within 60 days, the local government may presume that implementation of the proposed development regulation or amendment will not have any adverse effect on the operation of the installation.

(6) Counties must provide written notification to the Department of Defense upon receipt of an application for a permit to site an energy plant or alternative energy resource that is connected to electrical transmission facilities of a nominal voltage of at least 115,000 volts. Counties should consider comprehensive plan policies or development regulations to ensure compliance with the notice requirements in RCW 36.01.320.

History

Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 23-08-037, § 365-196-475, filed 3/29/23, effective 4/29/23
WSR 10-03-085, § 365-196-475, filed 1/19/10, effective 2/19/10.

Wash. Admin. Code § 365-196-480 Natural resource lands.

(1) Requirements.

(a) In the initial period following adoption of the act, and prior to the development of comprehensive plans, counties and cities planning under the act were required to designate natural resource lands of long-term commercial significance and adopt development regulations to assure their conservation. Natural resource lands include agricultural, forest, and mineral resource lands. The previous designations and development regulations shall be reviewed in connection with the comprehensive plan adoption process and, where necessary, altered to ensure consistency.

(b) Counties and cities planning under the act must review their natural resource lands designations, comprehensive plans, policies, and development regulations as part of the required periodic update under RCW 36.70A.130(1) and 36.70A.131.

(c) Counties and cities not planning under RCW 36.70A.040 must review their natural resource lands designations, and if necessary revise those designations as part of the required periodic update under RCW 36.70A.130(1) and 36.70A.131.

(d) Forest land and agricultural land located within urban growth areas shall not be designated as forest resource land or agricultural resource land unless the county or city has enacted a program authorizing transfer or purchase of development rights.

(e) Mineral lands may be designated as mineral resource lands within urban growth areas. There may be subsequent reuse of mineral resource lands when the minerals have been mined out. In cases where designated mineral resource lands are likely to be mined out and closed to further mining within the planning period, the surface mine reclamation plan and permit from the department of natural resources division of geology should be reviewed to ensure it is consistent with the adopted comprehensive land use plan.

(f) In adopting development regulations to conserve natural resource lands, counties and cities shall address the need to buffer land uses adjacent to the natural resource lands. Where buffering is used it should be on land within the adjacent development unless an alternative is mutually agreed on by adjacent landowners.

(g) The initial effective date of an action that removes the designation of agricultural, forest, or mineral resource land is the latest of the following dates per RCW 36.70A.067:

(ii) If a petition for review to the growth management hearings board is timely filed, upon issuance of the board's final order.

(2) Recommendations for meeting requirements.

(a) In the initial period following adoption of the act, much of the analysis which was the basis for the comprehensive plan came later than the initial identification and regulation of natural resource lands. In all cases, counties and cities must address inconsistencies between plan policies, development regulations and previously adopted natural resource land provisions.

(b) The department issued guidelines for the classification and designation of natural resource lands which are contained in chapter 365-190 WAC. In general, natural resource lands should be located beyond the boundaries of urban growth areas; and urban growth areas should avoid including designated natural resource lands. In most cases, the designated purposes of natural resource lands are incompatible with urban densities. For inclusion in the urban growth area, counties and cities must first review the natural resource lands designation and conclude the lands no longer meet the designation criteria for resource lands of long-term commercial significance.

(c) As noted in subsection (1)(f) of this section, mineral resource lands are a possible exception to the requirement that natural resource lands be designated outside the urban growth area. This guidance is based on the significant cost savings from using minerals close to their source, and the potential for reusing the mined out lands for other purposes after mining is complete. Counties and cities should consider the potential loss of access to mineral resource lands if they are not designated and conserved, and should also consider the consumptive use of mineral resources when designating specific mineral resource lands.

(d) Counties and cities may also consider retaining local agricultural lands in or near urban growth areas as part of a local strategy promoting food security, agricultural education, or in support of local food banks, schools, or other large institutions.

(e) The review of existing designations should be done on a countywide basis, and in most cases, be limited to the question of consistency with the comprehensive plan, rather than revisiting the entire prior designation and regulation process. However, to the extent that new information is available or errors have been discovered, the review process should take this information into account. Review for consistency in this context should include whether the planned use of lands adjacent to agricultural, forest, or mineral resource lands will interfere with the continued use, in an accustomed manner and in accordance with the best management practices, of the designated lands for the production of food, agricultural products, or timber, or for the extraction of minerals. Counties and cities must defer reviews of resource lands until they are able to conduct a comprehensive countywide analysis consistent with WAC 365-190-040(10).

(f) Development regulations must assure that the planned use of lands adjacent to natural resource lands will not interfere with the continued use, in the accustomed manner and in accordance with best management practices, of these designated lands. Guidance on development regulations ensuring the conservation of designated resource lands is found in WAC 365-196-815.

(g) Counties and cities are encouraged to use a coordinated program that includes nonregulatory programs and incentives to supplement development regulations to conserve natural resource lands. Guidance for addressing the designation of natural resource lands is located under WAC 365-190-040 through 365-190-070.

(h) When adopting comprehensive plan policies on siting energy facilities on or adjacent to natural resource lands, counties and cities must ensure that development does not result in conversion to a use that removes the land from resource production, or interferes with the usual and accustomed operations of the natural resource lands. Counties and cities are encouraged to adopt policies and regulations regarding the appropriate location for siting energy facilities on or adjacent to natural resource lands. Policies and regulations may emphasize dual-use strategies that preserve or improve natural resource lands, provide clarity to developers, and support renewable energy goals.

History

Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 25-17-058, s 365-196-480, filed 8/15/25, effective 9/15/25
WSR 23-08-037, § 365-196-480, filed 3/29/23, effective 4/29/23
WSR 10-03-085, § 365-196-480, filed 1/19/10, effective 2/19/10.

Wash. Admin. Code § 365-196-485 Critical areas.

(1) Relationship to the comprehensive plan.

(a) The act requires that the planning goals in RCW 36.70A.020 guide the development and adoption of comprehensive plans and development regulations. These goals include retaining open space and green space; enhancing recreation opportunities; conserving and enhancing fish and wildlife habitat; protecting and enhancing the environment and enhancing the state's high quality of life, including air and water quality, and the availability of water.

(b) Jurisdictions are required to include the best available science in developing policies and development regulations to protect the functions and values of critical areas.

(c) Counties and cities are required to identify open space corridors within and between urban growth areas for multiple purposes, including those areas needed as critical habitat by wildlife.

(d) RCW 36.70A.070(1) requires counties and cities to provide for protection of the quality and quantity of groundwater used for public water supplies in the land use element. Where applicable, the land use element must review drainage, flooding, and stormwater runoff in the area and in nearby jurisdictions, and provide guidance to mitigate or cleanse those discharges that pollute waters of the state, including Puget Sound or waters entering Puget Sound.

(e) Because the critical areas regulations must be consistent with the comprehensive plan, each comprehensive plan should set forth the underlying policies for the jurisdiction's critical areas program.

(f) In pursuing the environmental protection and open space goals of the act, such policies should identify nonregulatory measures for protecting critical areas as well as regulatory approaches. Nonregulatory measures include, but are not limited to: Incentives, public education, and public recognition, and could include innovative programs such as the purchase or transfer of development rights. When such policies are incorporated into the plan (either in a separate element or as a part of the land use element), the consistency of the regulations can be readily assessed.

(2) Requirements. Prior to the original development of comprehensive plans under the act, counties and cities were required to designate critical areas and adopt development regulations protecting them. Any previous designations and regulations must be reviewed in the comprehensive plan process to ensure consistency between previous designations and the comprehensive plan. Critical areas include the following areas and ecosystems:

(a) Wetlands;

(b) Areas of critical recharging effect on aquifers used for potable water;

(d) Frequently flooded areas; and

(e) Geologically hazardous areas.

(3) Recommendations for meeting requirements.

(a) In the initial period following adoption of the act, much of the analysis which was the basis for the comprehensive plan came later than the initial identification and regulation of critical areas. Upon the adoption of the initial comprehensive plans, such designations and regulations were to be reviewed and, where necessary, altered to achieve consistency with the comprehensive plan. Subsequently, jurisdictions updating local critical areas ordinances are required to include the best available science.

(b) The department has issued guidelines for the classification and designation of critical areas which are contained in chapter 365-190 WAC.

(c) Critical areas must be designated and protected wherever the applicable environmental conditions exist, whether within or outside of urban growth areas. Critical areas may overlap each other, and requirements to protect critical areas apply in addition to the requirements of the underlying zoning.

(d) The review of existing designations during the comprehensive plan adoption process should, in most cases, be limited to the question of consistency with the comprehensive plan, rather than a revisiting of the entire prior designation and regulation process; however, counties and cities must address the requirements to include the best available science in reviewing designations and developing policies and development regulations to protect the functions and values of critical areas, and give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries. To the extent that new information is available or errors have been discovered, the review process must take this information into account unless the jurisdiction provides a reasoned, science-based justification for departure.

(e) The department recommends counties and cities review plan, regulation and permit implementation monitoring results and, where applicable, incorporate adaptive management measures to ensure regulations are efficient and effective at protecting critical area functions and values.

(f) The department recommends that planning jurisdictions identify the policies by which decisions are made on when and how regulations will be used and when and how other means will be employed (purchases, development rights, etc.). See WAC 365-196-855.

(4) Avoiding impacts through appropriate land use designations.

(a) Many existing data sources can identify, in advance of the development review process, the likely presence of critical areas. When developing and reviewing the comprehensive plan and future land use designations, counties and cities should use available information to avoid directing new growth to areas with a high probability of conflicts between new development and protecting critical areas. Identifying areas with a high probability of critical areas conflicts can help identify lands that are likely to be unsuitable for development and help a county or city better provide sufficient capacity of land that is suitable for development as required by RCW 36.70A.115. Impacts to these areas could be minimized through measures such as green infrastructure planning, open space acquisition, open space zoning, and the purchase or transfer of development rights.

(b) When considering expanding the urban growth area, counties and cities should avoid including lands that contain large amounts of mapped critical areas. Counties and cities should not designate new urban areas within the 100-year floodplain unless no other alternatives exist, and if included, impacts on the floodplain must be mitigated. RCW 36.70.110(8) prohibits expansion of the urban growth area into the 100-year floodplain in some cases. See WAC 365-196-310.

(c) If critical areas are included in urban growth areas, they still must be designated and protected. See WAC 365-196-310.

History

Statutory Authority: RCW 36.70A.190 (4)(b), 36.70A.096, and 36.70A.190(8). WSR 26-01-181, s 365-196-485, filed 12/23/25, effective 1/23/26. Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 23-08-037, § 365-196-485, filed 3/29/23, effective 4/29/23
WSR 10-22-103, § 365-196-485, filed 11/2/10, effective 12/3/10
WSR 10-03-085, § 365-196-485, filed 1/19/10, effective 2/19/10.

Wash. Admin. Code § 365-196-500 Internal consistency.

(1) Comprehensive plans must be internally consistent. This requirement means that differing parts of the comprehensive plan must fit together so that no one feature precludes the achievement of any other.

(2) Use of compatible assumptions. A county or city must use compatible assumptions in different aspects of the plan.

(a) A county or city should use common numeric assumptions to the fullest extent possible, particularly in the long-term growth assumptions used in developing the land use, capital facilities and other elements of the comprehensive plan.

(b) If a county or city relies on forecasts, inventories, or functional plans developed by other entities, these plans might have been developed using different time horizons or different boundaries. If these differences create inconsistent assumptions, a county or city should include an analysis in its comprehensive plan of the differences and reconcile them to create a plan that uses compatible assumptions.

(3) The development regulations must be internally consistent and be consistent with and implement the comprehensive plan.

(4) Consistency review. Each comprehensive plan should provide mechanisms for ongoing review of its implementation and adjustment of its terms whenever internal conflicts become apparent. At a minimum, any amendment to the comprehensive plan or development regulations must be reviewed for consistency. The review and update processes required in RCW 36.70A.130 (1) and (3) should include a review of the comprehensive plan and development regulations for consistency.

(5) See WAC 365-196-800 for more information on the relationship between development regulations and the comprehensive plan. See WAC 356-196-305 for more information on the relationship between countywide planning policies and the comprehensive plan. See WAC 365-196-315 (5)(a) for information on consistencies between assumptions and observed development for cities or counties subject to monitoring requirements in RCW 36.70A.215.

History

Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 23-08-037, § 365-196-500, filed 3/29/23, effective 4/29/23
WSR 10-03-085, § 365-196-500, filed 1/19/10, effective 2/19/10.

Wash. Admin. Code § 365-196-510 Interjurisdictional consistency.

(1) Each county or city comprehensive plan must be coordinated with, and consistent with, the comprehensive plans of other counties and cities that share common borders or related regional issues with that county or city. Determining consistency in this interjurisdictional context is complicated by the differences in timing of comprehensive plan adoption and subsequent amendments.

(2) Initially, interjurisdictional consistency should be met by the adoption of comprehensive plans, and subsequent amendments, which are consistent with and carry out the relevant countywide planning policies and, where applicable, the relevant multicounty planning policies. Adopted countywide planning policies are designed to ensure that county and city comprehensive plans are consistent. More detailed recommendations about countywide planning policies are contained in WAC 365-196-305.

(3) To better ensure consistency of comprehensive plans, counties and cities should consider using similar policies and assumptions that apply to common areas or issues.

(4) Counties and cities should use consistent population projections and planning horizons when completing the periodic review and evaluation of comprehensive plans and development regulations. The planning horizon should start on the relevant deadline specified in RCW 36.70A.130(5) and encompass a minimum of 20 years.

History

Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 23-08-037, § 365-196-510, filed 3/29/23, effective 4/29/23
WSR 10-03-085, § 365-196-510, filed 1/19/10, effective 2/19/10.

Wash. Admin. Code § 365-196-520 Coordination with other county and city comprehensive plans.

(1) Each county and city planning under the act should circulate its proposed comprehensive plan to other counties and cities with which it shares a common border or has related regional issues. The proposed comprehensive plan should be accompanied by the relevant environmental documents.

(2) Reviewing counties and cities are presumed to have concurred with the provisions of the comprehensive plan, unless within a reasonable period of time, they provide written comment identifying comprehensive plan features that will preclude or interfere with the achievement of their own comprehensive plans.

(3) All counties and cities should attempt to resolve conflicts over interjurisdictional consistency through consultation and negotiation. Additional guidance for interjurisdictional consistency is located in WAC 365-196-510.

History

Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 10-03-085, § 365-196-520, filed 1/19/10, effective 2/19/10.

Wash. Admin. Code § 365-196-530 State agency compliance.

(1) RCW 36.70A.103 requires that state agencies comply with the local comprehensive plans and development regulations, and subsequent amendments, adopted pursuant to the act. An exception to this requirement exists for the state's authority to site and operate a special commitment center and a secure community transition facility to house persons conditionally released to a less restrictive alternative on McNeil Island under RCW 36.70A.200.

(2) The department construes RCW 36.70A.103 to require each state agency to meet local siting and building requirements when it occupies the position of an applicant proposing development, except where specific legislation explicitly dictates otherwise. This means that development of state facilities is subject to local approval procedures and substantive provisions, including zoning, density, setbacks, bulk and height restrictions.

(3) Under RCW 36.70A.210(4), state agencies must follow adopted countywide planning policies. Consistent with other statutory mandates, state programs should be administered in a manner which does not interfere with implementation of the county framework for interjurisdictional consistency, or the exercise by any local government of its responsibilities and authorities under the act.

(4) Overall, the broad sweep of policy contained in the act implies a requirement that all programs at the state level accommodate the outcomes of the growth management process wherever possible. The exercise of statutory powers, whether in permit functions, grant funding, property acquisition or otherwise, routinely involves such agencies in discretionary decision making. The discretion they exercise should take into account legislatively mandated local growth management programs. State agencies that approve plans of special purpose districts that are required to be consistent with local comprehensive plans should provide guidance or technical assistance to those entities to explain the need to coordinate their planning with the local government comprehensive plans within which they provide service.

(5) After local adoption of comprehensive plans and development regulations under the act, state agencies should review their existing programs in light of the local plans and regulations. Within relevant legal constraints, this review should lead to redirecting the state's actions in the interests of consistency with the growth management effort.

History

Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 23-08-037, § 365-196-530, filed 3/29/23, effective 4/29/23
WSR 10-03-085, § 365-196-530, filed 1/19/10, effective 2/19/10.

Wash. Admin. Code § 365-196-540 Compliance by regional agencies and special purpose districts.

(1) Regional agencies and special purpose districts possess statutorily defined powers which include:

(a) Planning;

(b) Development;

(d) Facility management; and

(e) Taxing functions.

(2) Such entities include:

(a) Regional air pollution control authorities;

(b) Metropolitan municipal corporations;

(d) Port districts;

(e) Public utility districts;

(f) School districts;

(g) Sewer districts;

(h) Water districts;

(i) Irrigation districts;

(j) Flood control districts;

(k) Diking and drainage districts; and

(l) Park and recreation districts.

(3) Except as otherwise provided by the legislature, the act requires that regional agencies and special purpose districts comply with the comprehensive plans and development regulations adopted under the act. WAC 365-196-745 lists statutes that provide direction to maintain consistency between special district plans and comprehensive plans.

(4) The plans of regional agencies and special purpose districts should be developed using local comprehensive plans as a basis for determining future development patterns. Regional agencies and special purpose districts should consult the land use, housing, and other relevant elements of the plans for information on future growth and development patterns, and should contact the local governments to ensure that special purpose districts can provide adequate public facilities to the area over the twenty-year life of the plan.

History

Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 10-03-085, § 365-196-540, filed 1/19/10, effective 2/19/10.

Wash. Admin. Code § 365-196-550 Essential public facilities.

(1) Determining what facilities are essential public facilities.

(a) The term "essential public facilities" refers to public facilities that are typically difficult to site. Consistent with countywide planning policies, counties and cities should create their own lists of "essential public facilities," to include at a minimum those set forth in RCW 36.70A.200.

(b) For the purposes of identifying facilities subject to the "essential public facilities" siting process, it is not necessary that the facilities be publicly owned.

(c) Essential public facilities include both new and existing facilities. It may include the expansion of existing essential public facilities or support activities and facilities necessary for an essential public facility.

(d) The following facilities and types of facilities are identified in RCW 36.70A.200 as essential public facilities:

(i) Airports;

(ii) State education facilities;

(iii) State or regional transportation facilities;

(iv) Transportation facilities of statewide significance as defined in RCW 47.06.140. These include:

(A) The interstate highway system;

(B) Interregional state principal arterials including ferry connections that serve statewide travel;

(D) Intercity high-speed ground transportation;

(E) Major passenger intermodal terminals excluding all airport facilities and services;

(F) The freight railroad system;

(G) The Columbia/Snake navigable river system;

(H) Marine port facilities and services that are related solely to marine activities affecting international and interstate trade;

(I) High capacity transportation systems.

(v) Regional transit authority facilities as defined under RCW 81.112.020;

(vi) State and local correctional facilities;

(vii) Solid waste handling facilities;

(viii) Opioid treatment programs including both mobile and fixed-site medication units, recovery residences, and harm reduction programs excluding safe injection sites. Harm reduction programs means programs that emphasize engaging directly with people who use drugs to prevent overdose and infectious disease transmission, improve the physical, mental, and social well-being of those served, and offer low threshold options for accessing substance use disorder treatment and other services.

(ix) In-patient facilities, including substance use disorder treatment facilities;

(x) Mental health facilities;

(xi) Group homes;

(xii) Secure community transition facilities;

(xiii) Any facility on the state 10-year capital plan maintained by the office of financial management.

(e) Essential public facility criteria apply to the facilities and not the operator. Counties and cities may not require applicants who operate essential public facilities to use an essential public facility siting process for projects that would otherwise be allowed by the development regulations. Applicants who operate essential public facilities may not use an essential public facility siting process to obtain approval for projects that are not essential public facilities.

(f) Regardless of whether it is a new, existing or an expansion or modification of an existing public facility, the major component in the identification of an essential public facility is whether it provides or is necessary to provide a public service and whether it is difficult to site.

(2) Criteria to determine if the facility is difficult to site. Any one or more of the following conditions is sufficient to make a facility difficult to site.

(a) The public facility needs a specific type of site of such as size, location, available public services, which there are few choices.

(b) The public facility needs to be located near another public facility or is an expansion of an essential public facility at an existing location.

(c) The public facility has, or is generally perceived by the public to have, significant adverse impacts that make it difficult to site.

(d) Use of the normal development review process would effectively preclude the siting of an essential public facility.

(e) Development regulations require the proposed facility to use an essential public facility siting process.

(3) Preclusion of essential public facilities.

(a) Counties and cities may not use their comprehensive plan or development regulations to preclude the siting of essential public facilities. Comprehensive plan provisions or development regulations preclude the siting of an essential public facility if their combined effects would make the siting of an essential public facility impossible or impracticable.

(i) Siting of an essential public facility is "impracticable" if it is incapable of being performed or accomplished by the means employed or at command.

(ii) Impracticability may also include restrictive zoning; comprehensive plan policies directing opposition to a regional decision; or the imposition of unreasonable conditions or requirements.

(iii) Limitations on essential public facilities such as capacity limits; internal staffing requirements; resident eligibility restrictions; internal security plan requirements; and provisions to demonstrate need may be considered preclusive in some circumstances.

(b) A local jurisdiction may not include criteria in its land use approval process which would allow the essential public facility to be denied, but may impose reasonable permitting requirements and require mitigation of the essential public facility's adverse effects.

(c) An essential public facility is not precluded simply because the comprehensive plan provisions would be too costly or time consuming to comply with.

(d) If the essential public facility and its location have been evaluated through a state or regional siting process, the county or city may not require the facility to go through the local siting process.

(e) Essential public facilities that are sited through a regional or state agency are distinct from those that are "sited by" a county or city or a private organization or individual. When a county or city is siting its own essential public facility, public or private, it is free to establish a nonpreclusive siting process with reasonable criteria.

(4) Comprehensive plan.

(a) Requirements:

(i) Each comprehensive plan shall include a process for identifying and siting essential public facilities. This process must be consistent with and implement applicable countywide planning policies.

(ii) No local comprehensive plan may preclude the siting of essential public facilities.

(b) Recommendations for meeting requirements:

(i) Identification of essential public facilities. When identifying essential public facilities, counties and cities should take a broad view of what constitutes a public facility, involving the full range of services to the public provided by the government, substantially funded by the government, contracted for by the government, or provided by private entities subject to public service obligations.

(ii) Agreements among jurisdictions should be sought to mitigate any disproportionate financial burden which may fall on the county or city which becomes the site of a facility of a statewide, regional, or countywide nature.

(iii) Where essential public facilities may be provided by special districts, the plans under which those districts operate must be consistent with the comprehensive plan of the county or city. Counties and cities should adopt provisions for consultation to ensure that such districts exercise their powers in a way that does not conflict with the relevant comprehensive plan.

(c) The siting process should take into consideration the need for countywide, regional, or statewide uniformity in connection with the kind of facility under review.

(5) Development regulations governing essential public facilities.

(a) Development regulations governing the siting of essential public facilities must be consistent with and implement the process set forth in the comprehensive plan.

(b) Except where countywide planning policies have otherwise dictated siting choices, provision should be made for the possibility of siting each of the listed essential public facilities somewhere within each county's or city's planning area.

(c) Counties and cities should consider the criteria established in their comprehensive plan, in consultation with this section to determine if a project is an essential public facility. Counties and cities may also adopt criteria for identifying an essential public facility.

(d) If an essential public facility does not present siting difficulties and can be permitted through the normal development review process, project review should be through the normal development review process otherwise applicable to facilities of its type.

(e) If an essential public facility presents siting difficulties, the application should be reviewed using the essential public facility siting process.

(6) The essential public facility siting process.

(a) The siting process may not be used to deny the approval of the essential public facility. The purpose of the essential public facility siting process is to allow a county or city to impose reasonable conditions on an essential public facility necessary to mitigate the impacts of the project while ensuring that its development regulations do not preclude the siting of an essential public facility.

(b) The review process for siting essential public facilities should include a requirement for notice and an opportunity to comment to other interested counties and cities and the public.

(c) The permit process may include reasonable requirements such as a conditional use permit, but the process used must ensure a decision on the essential public facility is completed without unreasonable delay.

(d) The essential public facility siting process should identify what conditions are necessary to mitigate the impacts associated with the essential public facility. The combination of any existing development regulations and any new conditions may not render impossible or impracticable, the siting, development or operation of the essential public facility.

(e) Counties and cities should consider the extent to which design conditions can be used to make a facility compatible with its surroundings. Counties and cities may also consider provisions for amenities or incentives for neighborhoods in which facilities are sited. Any conditions imposed must be necessary to mitigate an identified impact of the essential public facility.

History

Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 25-17-058, s 365-196-550, filed 8/15/25, effective 9/15/25
WSR 23-08-037, § 365-196-550, filed 3/29/23, effective 4/29/23
WSR 10-22-103, § 365-196-550, filed 11/2/10, effective 12/3/10
WSR 10-03-085, § 365-196-550, filed 1/19/10, effective 2/19/10.

Wash. Admin. Code § 365-196-560 Special siting statutes.

(1) Comprehensive plans and development regulations adopted under the act should accommodate situations where the state has explicitly preempted all local land use regulations, as for example, in the siting of major energy facilities under RCW 80.50.110.

(2) Where special statutes relate specifically to the setting aside of designated areas for particular purposes and under particular management programs, local land use regulations adopted under the act should be consistent with those purposes and programs. Examples in this category are the statutes relating to:

(a) Natural resource conservation areas;

(b) Natural area preserves;

(d) Scenic rivers.

History

Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 10-03-085, § 365-196-560, filed 1/19/10, effective 2/19/10.

Wash. Admin. Code § 365-196-570 Secure community transition facilities.

Requirements.

(1) Secure community transition facilities are essential public facilities.

(2) Counties and cities must either establish an essential public facility siting process, or amend their existing process to allow for the siting of secure community transition facilities, or be subject to preemption by the Washington state department of social and health services consistent with RCW 71.09.342.

(3) A failure to act before the September 1, 2002, deadline does not constitute noncompliance for the purposes of grants and loans, and does not subject a county or city to a failure to act challenge to the growth management hearings board.

(4) If a county or city does not adopt an essential public facility siting process or does not amend its existing process to allow for the siting of a secure community transition facility, then the Washington state department of social and health services may preempt local development regulations as necessary to site and operate a secure community transition facility under RCW 71.09.285 through 71.09.342. If the Washington state department of social and health services preempts local development regulations, the county or city may still participate in the siting process as provided in RCW 71.09.342.

(5) A local secure community transition facility siting process established by a city or county must be consistent with, and no more restrictive than, the siting process established in RCW 71.09.285 through 71.09.342. The Washington state department of social and health services has final authority to determine if a locally adopted siting process allows for the siting of secure community transition facilities in compliance with RCW 71.09.285.

History

Statutory Authority: RCW 36.70A.050, 36.70A.190. WSR 10-22-103, § 365-196-570, filed 11/2/10, effective 12/3/10
WSR 10-03-085, § 365-196-570, filed 1/19/10, effective 2/19/10.

Wash. Admin. Code § 365-196-580 Integration with the Shoreline Management Act.

(1) For shorelines of the state, the goals and policies of the Shoreline Management Act as set forth under RCW 90.58.020 are added as one of the goals of this chapter as set forth under RCW 36.70A.020 without creating an order of priority among the 15 goals. The goals and policies of a shoreline master program for a county or city approved under chapter 90.58 RCW shall be considered an element of the county or city's comprehensive plan. All other portions of the shoreline master program for a county or city adopted under chapter 90.58 RCW, including use regulations, shall be considered a part of the county or city's development regulations.

(2) The shoreline master program shall be adopted pursuant to the procedures under chapter 90.58 RCW rather than the goals, policies, and procedures set forth in chapter 36.70A RCW for the adoption of a comprehensive plan or development regulations.

(3)(a) The policies, goals, and provisions of chapter 90.58 RCW and applicable guidelines shall be the sole basis for determining compliance of a shoreline master program with chapter 36.70A RCW except as the shoreline master program is required to comply with the internal consistency provisions of RCW 36.70A.070, 36.70A.040(4), 35.63.125, and 35A.63.105.

(b) Except as otherwise provided in (c) of this subsection, development regulations adopted under chapter 36.70A RCW to protect critical areas within shorelines of the state apply within shorelines of the state until the department of ecology approves one of the following: A comprehensive master program update, as defined under RCW 90.58.030; a segment of a master program relating to critical areas, as provided under RCW 90.58.090; or a new or amended master program approved by the department of ecology on or after March 1, 2002, as provided under RCW 90.58.080. The adoption or update of development regulations to protect critical areas under chapter 36.70A RCW prior to department of ecology approval of a master program update as provided in this subsection is not a comprehensive or segment update to the master program.

(c)(i) Until the department of ecology approves a master program or segment of a master program as provided in (b) of this subsection, a use or structure legally located within shorelines of the state that was established or vested on or before the effective date of the local government's development regulations to protect critical areas may continue as a conforming use and may be redeveloped or modified if:

(A) The redevelopment or modification is consistent with the local government's master program; and

(B) The local government determines that the proposed redevelopment or modification will result in no net loss of shoreline ecological functions. The local government may waive this requirement if the redevelopment or modification is consistent with the master program and the local government's development regulations to protect critical areas.

(ii) For purposes of (c) of this subsection, an agricultural activity that does not expand the area being used for the agricultural activity is not a redevelopment or modification. "Agricultural activity," as used in (c) of this subsection, has the same meaning as defined under RCW 90.58.065.

(d) Upon department of ecology approval of a shoreline master program or critical area segment of a shoreline master program, critical areas within shorelines of the state are protected under chapter 90.58 RCW and are not subject to the procedural and substantive requirements of chapter 36.70A RCW, except as provided in subsection (6) of this section. Nothing in chapter 321, Laws of 2003 or the act is intended to affect whether or to what extent agricultural activities, as defined under RCW 90.58.065, are subject to chapter 36.70A RCW.

(e) The provisions under RCW 36.70A.172 shall not apply to the adoption or subsequent amendment of a local government's shoreline master program and shall not be used to determine compliance of a local government's shoreline master program with chapter 90.58 RCW and applicable guidelines. Nothing in this section; however, is intended to limit or change the quality of information to be applied in protecting critical areas within shorelines of the state, as required under chapter 90.58 RCW and applicable guidelines.

(4) Shoreline master programs shall provide a level of protection to critical areas located within shorelines of the state that assures no net loss of shoreline ecological functions necessary to sustain shoreline natural resources as defined by department of ecology guidelines adopted pursuant to RCW 90.58.060.

(5) Shorelines of the state shall not be considered critical areas under chapter 36.70A RCW except to the extent that specific areas located within shorelines of the state qualify for critical area designation based on the definition of critical areas provided under RCW 36.70A.030(5) and have been designated as such by a local government pursuant to RCW 36.70A.060(2).

(6) If a local jurisdiction's master program does not include land necessary for buffers for critical areas that occur within shorelines of the state, as authorized under RCW 90.58.030 (2)(f), then the local jurisdiction shall continue to regulate those critical areas and their required buffers pursuant to RCW 36.70A.060(2).

(7) County participation in the voluntary stewardship program does not change applicability of the Shoreline Management Act, or requirements of local shoreline master programs.

(a) As required by RCW 90.58.065, shoreline master programs shall not limit or modify existing and ongoing agricultural activities occurring on agricultural lands.

(b) Master programs shall include provisions addressing new agricultural activities on land not meeting the definition of agricultural land, conversion of agricultural lands to other uses, and other development on agricultural land that does not meet the definition of agricultural activities.

History

Statutory Authority: RCW 36.70A.190 (4)(b), 36.70A.096, and 36.70A.190(8). WSR 26-01-181, s 365-196-580, filed 12/23/25, effective 1/23/26. Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 17-20-100, § 365-196-580, filed 10/4/17, effective 11/4/17
WSR 10-22-103, § 365-196-580, filed 11/2/10, effective 12/3/10.

Wash. Admin. Code § 365-196-585 Tracking eligibility for state grants and loans.

(1) This section defines the procedures used by the department to track and report the status of a county or city with completion of the review and revision requirement under RCW 36.70A.130, and to track any compliance orders issued by the growth management hearings board, or board, as defined under WAC 242-03-030 and established under RCW 36.70A.260.

(2) These procedures assure that the department provides timely and accurate reporting to state agencies regarding a county or city's eligibility for state grants or loans, and it assures that a county or city applicant, and the state agency reviewing grant or loan eligibility, understand the role of the department in this process for determining eligibility for state grants or loans, where applicable.

(3) These procedures are also designed to encourage and enable timely redress of overdue periodic updates or noncompliance issues. To accomplish this, a county or city must be aware of its current status so it may take necessary legislative action to achieve compliance with deadlines or board orders.

(4) Under RCW 36.70A.130(7), the act directs state agencies to consider compliance in the award of state financial assistance from a number of state grant and loan programs as follows:

(a) The requirements imposed on counties and cities under this section shall be considered "requirements of this chapter" under the terms of RCW 36.70A.040(1). Only those counties and cities that meet the following criteria may receive grants, loans, pledges, or financial guarantees under chapter 43.155 or 70A.135 RCW:

(i) Complying with the deadlines in this section; or

(ii) Demonstrating substantial progress towards compliance with the schedules in this section for development regulations that protect critical areas.

(b) A county or city that is fewer than 12 months out of compliance with the schedules in this section for development regulations that protect critical areas is making substantial progress towards compliance. Only those counties and cities in compliance with the schedules in this section may receive preference for grants or loans subject to the provisions of RCW 43.17.250.

(5) Counties and cities must notify the department in writing that the jurisdiction considers the periodic update complete. WAC 365-196-610 (2)(c) provides recommendations on documenting completion of the periodic update, either in whole or in part.

(a) Counties and cities must take legislative action, in the form of an ordinance or resolution, following a public hearing. The ordinance or resolution should clearly state the periodic update required by RCW 36.70A.130 is complete. If a county or city took multiple legislative actions as part of the periodic update process, the final ordinance or resolution should reference all prior legislative actions.

(b) Counties and cities must submit a notice of adoption to the department after taking legislative action on a comprehensive plan or development regulation amendment. The department considers the notice of adoption, required under RCW 36.70A.106(2), along with the final ordinance or resolution documenting the completion of the periodic update, as written notice.

(c) In lieu of an ordinance or resolution clearly stating that the periodic update required by RCW 36.70A.130 is complete, the department may consider a written letter from the mayor, county executive, or chair of the board of county commissioners stating that the periodic update is complete.

(6) The following state grant and loan programs use GMA compliance in the course of awarding state funds under the following programs under RCW 36.70A.130(7):

(a) Public works trust fund (public works board) under RCW 43.155.070 and WAC 399-30-030;

(b) Centennial clean water fund (department of ecology) under WAC 173-95A-610;

(d) Recreation and conservation office;

(e) Transportation improvement board funding under RCW 47.26.086 and WAC 479-14-121;

(f) Predisaster mitigation grants (emergency management division, Washington military department); and

(g) Water pollution control facilities grants under RCW 70A.135.070.

The department does not determine eligibility for any particular grant or loan program administered by another state agency or board. Eligibility, including the effect of the compliance status of a city or county may have on eligibility, is determined by the state agency authorized to administer a grant or loan program.

(7) As the designated coordinator for state government regarding implementation of chapter 36.70A RCW, the department tracks local government implementation with the act. A state agency may consult with the department in the course of administering its grant and loan program, regarding the status of a county or city progress implementing the act.

(8) The department does not determine compliance by county or city with the provisions of chapter 36.70A RCW.

(a) For completion of the periodic update under RCW 36.70A.130, compliance with the requirement is determined by the county or city. This determination must be in the form of written notice of completion provided by the county or city to the department.

(b) For all other matters, compliance is determined by the board.

(9) For compliance matters related to a board final decision and order, a county or city may avoid being determined ineligible or otherwise penalized in the award of grants or loans during a period of remand by taking action to delay the effective date of a challenged ordinance or resolution as follows:

(a) A county or city may delay the effective date of the action subject to the petition before the board until after the board issues a final determination; or

(b) Within 30 days of receiving notice of a petition for review by the board, a county or city may delay the effective date of the action subject to the petition before the board until after the board issues a final determination.

(c) To avoid a penalty, a county or city must notify the department in writing that it has delayed the effective date of the challenged ordinance. Notice must be accompanied by the board order and a copy of the ordinance or resolution showing the delay to the effective date.

(d) A delay in the effective date will not prevent a determination of ineligibility or other penalty if the board makes a determination of invalidity.

History

Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 23-08-037, § 365-196-585, filed 3/29/23, effective 4/29/23.

Wash. Admin. Code § 365-196-600 Public participation.

(l) Requirements.

(a) Each county and city planning under the act must establish procedures for early and continuous public participation in the development and amendment of comprehensive plans and development regulations, including the participation of vulnerable populations and overburdened communities. The procedures are not required to be reestablished for each set of amendments.

(b) The procedures must 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.

(c) Federally recognized tribes may voluntarily participate in local governments' comprehensive planning processes. Upon receipt of notice in the form of a tribal resolution from a federally recognized Indian tribe whose reservation or ceded lands lie within the county, which indicates the tribe has a planning process or intends to initiate a parallel planning process, the county, cities, and other local governments conducting the planning under this chapter shall enter into good faith negotiations to develop a mutually agreeable memorandum of agreement with such tribes in regard to collaboration and participation in the planning process. If a mutually agreeable memorandum of agreement cannot be reached, the parties must enter mediation as provided in RCW 36.70A.040 (8)(a).

(d) Errors in exact compliance with the established procedures do not render the comprehensive plan or development regulations invalid if the spirit of the procedures is observed.

(2) Record of process.

(a) Whenever a provision of the comprehensive plan or development regulation is based on factual data, a clear reference to its source should be made part of the adoption record.

(b) The record should show how the public participation requirement was met. Public participation must be an iterative process that engages historically underrepresented populations. Documentation of ongoing efforts to engage with vulnerable populations and overburdened communities must be included in the public record.

(3) Recommendations for meeting public participation requirements. These recommendations are a list of suggestions for meeting the public participation requirement.

(a) Public participation program. Counties and cities should design a public participation program that describes how the public participation requirements will be met.

(i) Implementation of the act requires a series of interrelated steps: Develop the initial comprehensive plan, evaluate amendments as part of the docket cycle, include best available science where applicable, conduct the periodic update and review the urban growth boundaries, amend development regulations, and conduct subarea planning. Each of these has different levels of significance and different procedural requirements.

(ii) Counties and cities are not required to establish individual public participation programs for each individual amendment. Counties and cities may wish to consider establishing a public participation program for annual amendments, and establishing separate or updated programs for major periodic updates. When developing a public participation program for a project not covered by an existing public participation program, a county or city should develop a public participation program tailored to the type of action under consideration. This public participation program should be focused on the type of public involvement appropriate for that type of action.

(iii) The public participation program should identify which procedural requirements apply for the type of action under consideration and how the county or city intends to meet those requirements.

(iv) To avoid duplication of effort, counties and cities should integrate public involvement required by the State Environmental Policy Act, chapter 43.21C RCW, and rules adopted thereunder, into the public participation program.

(v) Where a proposed amendment involves shorelines of the state, a county or city should integrate the public participation requirements of the Shoreline Management Act, chapter 90.58 RCW, into its public participation program, as appropriate.

(vi) The public participation program should include outreach and early coordination with state and tribal agencies with subject matter expertise. Coordination with state agencies and tribes is recommended as draft policies and regulations are being developed.

(vii) Once established, the public participation program must be broadly disseminated.

(viii) Public participation programs must be iterative and engage historically underrepresented populations. Documentation of ongoing efforts to engage with vulnerable populations and overburdened communities must be made part of the public record.

(b) Visioning. When developing a new comprehensive plan or a significant update to an existing comprehensive plan, counties and cities should consider using a visioning process. The public should be involved, because the purpose of a visioning process is to gain public input on the desired features of the community. The comprehensive plan can then be designed to achieve these features.

(c) Planning commission. The public participation program should clearly describe the role of the planning commission, ensuring consistency with requirements of chapter 36.70, 35.63, or 35A.63 RCW.

(4) Each county or city must involve a broad cross-section of the community, so groups not previously involved in planning may become involved. This includes implementing innovative techniques that support meaningful and inclusive engagement for people of color, low-income people, vulnerable populations, and overburdened communities. Counties and cities should consider potential barriers to participation that may arise due to race, color, ethnicity, religion, age, disability, income, or education level. Counties and cities should also engage those who may have been impacted by racially disparate impacts, displacement, or exclusion to help identify policies and regulations that contributed to or resulted in these impacts, and identify policies and regulations to address and begin to undo those impacts as required in RCW 36.70A.070 (2)(e) and (f).

(5) Counties and cities should take a broad view of public participation. The act contains no requirements or qualifications that an individual must meet in order to participate in the public process. If an individual or organization chooses to participate, it is an interested party for purposes of public participation.

(6) Providing adequate notice.

(a) Counties and cities are encouraged to consider a variety of opportunities to adequately communicate with the public. These methods of notification may include, but are not limited to, traditional forms of mailed notices, published announcements, electronic mail, and internet websites to distribute informational brochures, meeting times, project timelines, and design and map proposals to provide an opportunity for the public to participate.

(b) Counties and cities must provide effective notice. In order to be effective, notice must be designed to accomplish the following:

(i) Notice must be timely, reasonably available and reasonably likely to reach interested persons. Notice of all events where public input is sought should be broadly disseminated at least one week in advance of any public hearing. Newspaper or online articles do not substitute for the requirement that jurisdictions publish the action taken. When appropriate, notices should announce the availability of relevant draft documents and how they may be obtained.

(ii) Broad dissemination means that a county or city has made the documents widely available and provided information on how to access the available documents and how to provide comments. Examples of methods of broad dissemination may include:

(A) Posting electronic copies of draft documents on the county and city official website;

(B) Providing copies to local libraries;

(D) Providing notice to local newspapers; and

(E) Maintaining a list of individuals who have expressed an interest and providing them with notice when new materials are available.

(iii) Certain proposals may also require particularized notice to specific individuals if required by statute or adopted local policy.

(iv) The public notice must clearly specify the nature of the proposal under consideration and how the public may participate. Whenever public input is sought on proposals and alternatives, the relevant drafts should be available. The county or city must make available copies of the proposal that will be available prior to the public hearing so participants can comment appropriately. The notice should specify the range of alternatives considered or scope of alternatives available for public comment in accordance with RCW 36.70A.035 (2)(b)(i) and (ii).

(v) The public notice must specify the first and last date and time to submit written public comment.

(7) Receiving public comment.

(a) Public meetings on draft comprehensive plans. Once a comprehensive plan amendment or other proposal is completed in draft form, or as parts of it are drafted, the county or city may consider holding a series of public meetings or workshops at various locations throughout the jurisdiction to obtain public comments and suggestions.

(b) Public hearings. When the final draft of the comprehensive plan is completed, at least one public hearing should be held prior to the presentation of the final draft to the county or city legislative authority adopting it.

(c) Written comment. At each stage of the process when public input is sought, opportunity should be provided to make written comment.

(d) Attendance for all meetings and hearings to which the public is invited should be free and open. At hearings all persons desiring to speak should be allowed to do so. A county or city may establish a reasonable time limitation on spoken presentations during meetings or public hearings, particularly if written comments are allowed.

(8) Continuous public involvement.

(a) Consideration of and response to public comments. All public comments should be reviewed. Adequate time should be provided between the public hearing and the date of adoption for all or any part of the comprehensive plan to evaluate and respond to public comments. The county or city should provide a written summary of all public comments with a specific response and explanation for any subsequent action taken based on the public comments. This written summary should be included in the record of adoption for the plan.

(b) Ending the opportunity for comment prior to deliberation. After the end of public comment, the local government legislative body may hold additional meetings to deliberate on the information obtained in the public hearing.

(c) Additional meetings may be necessary if the public hearings provided the county or city with new evidence or information they wish to consider. If during deliberation, the county or city legislative body identifies new information for consideration after the record of adoption has been closed, then it must provide further opportunity for public comment so this information can be included in the record.

(9) Considering changes to an amendment after the opportunity for public review has closed.

(a) If the county or city legislative body considers a change to an amendment, and the opportunity for public review and comment has already closed, then the county or city must provide an opportunity for the public to review and comment on the proposed change before the legislative body takes action.

(b) The county or city may limit the opportunity for public comment to only the proposed change to the amendment.

(c) Although counties and cities are required to provide an opportunity for public comment, alternatives to a scheduled public hearing may suffice. Adequate notice must be provided indicating how the public may obtain information and offer comments.

(d) A county or city is not required to provide an additional opportunity for public comment under (a) of this subsection if one of the following exceptions applies (see RCW 36.70A.035 (2)(a)):

(i) An environmental impact statement has been prepared under chapter 43.21C RCW, and the proposal falls within the range of alternatives considered in the environmental impact statement;

(ii) The proposed change is within the range of alternatives available for public comment. When initiating the public participation process, a county or city should consider defining the range of alternatives under consideration;

(iii) The proposed change only corrects typographical errors, corrects cross-references, makes address or name changes, or clarifies language of a proposed ordinance or resolution without changing its effect;

(iv) The proposed change is to a resolution or ordinance making a capital budget decision as provided in RCW 36.70A.120; or

(v) The proposed change is to an ordinance or resolution enacting a moratorium or interim control adopted in compliance with RCW 36.70A.390.

(e) If a county or city adopts an amendment without providing an additional opportunity for public comment as described under (a) of this subsection, the findings of the adopted ordinance or resolution should identify which exception under RCW 36.70A.035 (2)(b) applies.

(10) Any amendment to the comprehensive plan or development regulation must follow the applicable procedural requirements and the county or city public participation program. A county or city should not enter into an agreement that is a de facto amendment to the comprehensive plan accomplished without complying with the statutory public participation requirements. Examples of a de facto amendment include agreements that:

(a) Obligate the county or city, or authorizes another party, to act in a manner that is inconsistent with the comprehensive plan;

(b) Authorize an action the comprehensive plan prohibits; or

History

Statutory Authority: RCW 36.70A.190 (4)(b), 36.70A.096, and 36.70A.190(8). WSR 26-01-181, s 365-196-600, filed 12/23/25, effective 1/23/26. Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 25-17-058, s 365-196-600, filed 8/15/25, effective 9/15/25
WSR 23-08-037, § 365-196-600, filed 3/29/23, effective 4/29/23
WSR 15-04-039, § 365-196-600, filed 1/27/15, effective 2/27/15
WSR 10-03-085, § 365-196-600, filed 1/19/10, effective 2/19/10.

Wash. Admin. Code § 365-196-610 Periodic review and update of comprehensive plans and development regulations.

(1) Requirements.

(a) Counties and cities must periodically take legislative action to review and, if needed, revise their comprehensive plans and development regulations to ensure the plan and regulations comply with the requirements of the act. This review and revision, required under RCW 36.70A.130(1), is referred to in this section as the periodic update.

(b)(i) Deadlines for periodic update. Comprehensive plans and development regulations are subject to periodic update on a schedule established in RCW 36.70A.130(5).

(ii) Certain smaller, slower-growing counties and cities may take up to an additional two years to complete the update.

(A) The eligibility of a county for the two-year extension does not affect the eligibility of the cities within the county.

(B) A county is eligible if it has a population of less than 50,000 and a growth rate of less than 17 percent.

(C) A city is eligible if it has a population of less than 5,000, and either a growth rate of less than 17 percent or a total population growth of less than 100 persons.

(D) Growth rates are measured using the 10-year period preceding the due date listed in RCW 36.70A.130(5).

(E) If a county or city qualifies for the extension on the statutory due date, they remain eligible for the entire extension period, even if they no longer meet the criteria due to population growth.

(i) The periodic update must be accomplished through legislative action. Legislative action means the adoption of a resolution or ordinance following notice and a public hearing including, at a minimum, a finding that a review and evaluation has occurred and identifying the revisions made, or that a revision was not needed and the reasons therefore.

(ii) Legislative action includes two components. It includes a review of the comprehensive plan and development regulations and it includes the adoption of any amendments necessary to bring the comprehensive plan and development regulations into compliance with the requirements of the act.

(d) What must be reviewed.

(i) Counties and cities that plan under RCW 36.70A.040 must review and, if needed, revise their comprehensive plans and development regulations for compliance with the act. This includes the critical areas ordinance.

(ii) Counties and cities that do not plan under RCW 36.70A.040 must review and, if needed, revise their resource lands designations and their development regulations designating and protecting critical areas.

(iii) Counties participating in the voluntary stewardship program must review and, if needed, revise their development regulations not governed by the voluntary stewardship program, except as provided in RCW 36.70A.130(8).

(e) The required scope of review. The purpose of the review is to determine if revisions are needed to bring the comprehensive plan and development regulation into compliance with the requirements of the act. The update process provides the method for bringing plans into compliance with the requirements of the act that have been added or changed since the last update and for responding to changes in land use and in population growth. This review is necessary so that comprehensive plans are not allowed to fall out of compliance with the act over time through inaction. This review must include at least the following:

(i) Consideration of the critical areas ordinance, including a best available science review (see chapter 365-195 WAC);

(ii) Analysis of urban growth area review required by RCW 36.70A.130(3) (see WAC 365-196-310);

(iii) Review of mineral resource lands designations and mineral resource lands development regulations adopted pursuant to RCW 36.70A.040 and 36.70A.060; and

(iv) Changes to the act or other applicable laws since the last review that have not been addressed in the comprehensive plan and development regulations.

(2) Recommendations for meeting requirements.

(a) Public participation program.

(i) Counties and cities should establish a public participation program that includes a schedule for the periodic update and identifies when legislative action on the review and update component are proposed to occur. The public participation program should also inform the public of when to comment on proposed changes to the comprehensive plan and clearly identify the scope of the review. Notice of the update process should be broadly disseminated as required by RCW 36.70A.035 and include additional efforts to ensure that vulnerable populations and overburdened communities are reached.

(ii) Counties and cities may adjust the public participation program to best meet the intent of the requirement. RCW 36.70A.140 notes that errors in exact compliance with the established program and procedures shall not render the comprehensive land use plan or development regulations invalid if the spirit of the program and procedures is observed. For example, if an established public participation program included one public hearing on all actions having to do with the periodic update process, the public participation program could be adjusted later to provide additional public hearings to accommodate strong public interest.

(b) Review of relevant statutes and local information and analysis of whether there is a need for revisions.

(i) Amendments to the act. Counties and cities should first review amendments to the act that have occurred since the initial adoption or previous periodic update, and determine if local amendments are needed to maintain compliance with the act. The department will maintain a comprehensive list of legislative amendments and a checklist to assist counties and cities with this review.

(ii) Review and analysis of relevant plans, regulations and information. Although existing comprehensive plans and development regulations are considered compliant, counties and cities should consider reviewing development and other activities that have occurred since adoption to determine if the comprehensive plans and development regulations remain consistent with, and implement, the act. This should include at least the following:

(A) Analysis of the population and housing needs allocated to a county or city during the most recent urban growth area review (see WAC 365-196-310);

(B) Analysis of patterns of development and densities permitted within urban growth areas (see WAC 365-196-310);

(C) Consideration of critical areas and resource lands ordinances. The department recommends evaluating the results of plan, regulation, and permit monitoring to determine if changes are needed to ensure efficient and effective implementation of critical areas ordinances (see WAC 365-195-920);

(D) Review of mineral resource lands designations and development regulations adopted pursuant to RCW 36.70A.040 and 36.70A.060;

(E) Capital facilities plans. Changes in anticipated circumstances and needs should be addressed by updating the 10-year transportation plan and six-year capital facilities elements. This includes a reassessment of the land use element if funding falls short;

(F) Land use element;

(G) Changes to comprehensive plans and development regulations in adjacent jurisdictions, special purpose districts, or state plans that create an inconsistency with the county or city's comprehensive plan or development regulations;

(H) Basic assumptions underlying key calculations and conclusions in the existing comprehensive plan. If recent data demonstrates that key existing assumptions are no longer appropriate for the remainder of the 20-year plan, counties and cities should consider updating them as part of the periodic update (see WAC 365-196-310). Counties and cities required to establish a review and evaluation program under RCW 36.70A.215, should use that information in this review (see WAC 365-196-315). Counties and cities required to submit to the department an implementation progress report under RCW 36.70A.130(9) should use that information in this review; and

(I) Inventories. Counties and cities should review required inventories and to determine if new data or analysis is needed. Table 2 contains summary of the inventories required in the act.

Table WAC 365-196-610.2

Inventories Required by the Act

| Requirement | RCW Location | WAC Location | | --- | --- | --- | | Housing Inventory | 36.70A.070(2) | 365-196-410 | | Inventory and analyze existing housing stock and projected housing needs at each income level, identifying the number of housing units needed at each income level to accommodate the local portion of the countywide projection of housing need from the department. | | | | Capital Facilities | 36.70A.070(3) | 365-196-415 | | Inventory existing capital facilities owned by public entities, showing the locations and capacities of the capital facilities, and forecast future needs and proposed locations and capacities of expanded or new facilities. | | | | Transportation | 36.70A.070(6) | 365-196-430 | | An inventory of air, water and ground transportation facilities and services, including transit alignments and general aviation airport facilities, to define existing capital facilities and travel levels and a basis for future planning. This inventory must include state-owned transportation facilities within the county's or city's jurisdictional boundaries. | | |

(i) Any legislative action that completes a portion of the review and update process, either in whole or in part, must state in its findings that it is part of the update process.

(ii) Any public hearings on legislative actions that are, either in whole or in part, legislative actions completing the update must state in the notice of hearing that the actions considered are part of the update process.

(iii) At the end of the review and update process, counties and cities should take legislative action declaring the update process complete, either as a separate legislative action, or as a part of the final legislative action that occurs as part of the update process. This action should reference all prior legislative actions occurring as part of the update process.

(d) Submit notice of completion to the department. When adopted, counties and cities should transmit the notice of adoption to the department, consistent with RCW 36.70A.106. RCW 36.70A.130 requires compliance with the review and update requirement as a condition of eligibility for state grant and loan programs. The department tracks compliance with this requirement for agencies managing these grant and loan programs. Providing notice of completion to the department will help maintain access to these grant and loan programs.

(3) Relationship to other review and amendment requirements in the act.

(a) Relationship to the comprehensive plan amendment process. Counties and cities may amend the comprehensive plan no more often than once per year, as required in RCW 36.70A.130(2), and referred to as the docket. If a county or city conducts a comprehensive plan docket cycle in the year in which the review of the comprehensive plan is completed, it must be combined with the periodic review process. Counties and cities may not conduct the periodic review and a docket of amendments as separate processes in the same year.

(b) Urban growth area (UGA) review. As part of the periodic review, counties and cities must review the areas and densities contained in the urban growth area and, if needed, revise their comprehensive plan to accommodate the growth projected to occur in the county for the succeeding 20-year period, as required in RCW 36.70A.130(3) (see WAC 365-196-310).

History

Statutory Authority: RCW 36.70A.190 (4)(b), 36.70A.096, and 36.70A.190(8). WSR 26-01-181, s 365-196-610, filed 12/23/25, effective 1/23/26. Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 25-17-058, s 365-196-610, filed 8/15/25, effective 9/15/25
WSR 23-08-037, § 365-196-610, filed 3/29/23, effective 4/29/23
WSR 17-20-100, § 365-196-610, filed 10/4/17, effective 11/4/17
WSR 15-04-039, § 365-196-610, filed 1/27/15, effective 2/27/15
WSR 10-22-103, § 365-196-610, filed 11/2/10, effective 12/3/10
WSR 10-03-085, § 365-196-610, filed 1/19/10, effective 2/19/10.

Wash. Admin. Code § 365-196-620 Integration of State Environmental Policy Act process with creation and adoption of comprehensive plans and development regulations.

(1) Adoption of comprehensive plans and development regulations are "actions" as defined under State Environmental Policy Act (SEPA). Counties and cities must comply with SEPA when adopting new or amended comprehensive plans and development regulations.

(2) Integration of SEPA review with other analysis required by the act.

(a) The SEPA process is supplementary to other governmental decision-making processes, including the processes involved in creating and adopting comprehensive plans and development regulations under the act. The thoughtful integration of SEPA compliance with the overall effort to implement the act will provide understanding and insight of significant value to the choices growth management requires.

(b) SEPA analysis and documentation can serve, in significant part, to fulfill the need to compile a record showing the considerations which went into the plan and why one alternative was chosen over another.

(c) When conducting a SEPA analysis, counties and cities should coordinate the development and evaluation of SEPA alternatives with other evaluations required by the act such as:

(i) Evaluation of fiscal impact required by RCW 36.70A.210;

(ii) Review of drainage, flooding and stormwater runoff required by RCW 36.70A.070;

(iii) The forecast of future capital facilities needs required by RCW 36.70A.070(3); and

(iv) The traffic forecast, identification of system needs and analysis of funding capability required in RCW 36.70A.070 (6)(a)(iii)(D), (E) and (F).

(d) Coordination should assure that these evaluations occur against a uniform set of alternatives and provide a complete picture of both the environmental and financial impacts of various alternatives.

(3) Phased environmental review.

(a) The growth management process is designed to proceed in phases, moving, by and large, from general policy-making to more specific implementation measures. Phased review available under SEPA can be integrated with the growth management process through a strategy that identifies the points in that process where the requirements of the two statutes are connected and seeks to accomplish the requirements of both at those points.

(b) In an integrated approach major emphasis should be placed on the quality of SEPA analysis at the front end of the growth management process - the local legislative phases of plan adoption and regulation adoption. The objective should be to create nonproject impact statements, and progressively more narrowly focused supplementary documents, that are sufficiently informative. These impact statements should reduce the need for extensive and time-consuming analysis during subsequent environmental analysis at the individual project stage.

(c) The SEPA rules authorize joint documents that incorporate requirements of the act and SEPA (WAC 197-11-210 through 197-11-235). In general, using joint documents can provide time and cost savings related to review and adoption of comprehensive plan amendments.

(d) When evaluating comprehensive plan amendments, these amendments should generally be considered together as one action under SEPA so that the cumulative effect of various proposals can be evaluated together, consistent with RCW 36.70A.130 (2)(b).

(e) In conducting SEPA review and making a threshold determination, the county or city should review existing environmental documents. These documents may already address some or all of the potential adverse environmental impacts posed by the items on the docket. As an example, if an environmental impact statement (EIS) was done on the comprehensive plan, the county or city may only need to update or supplement the information in this existing EIS. The county or city may be able to accomplish this by incorporating a document by reference, adopting a document, or preparing a supplemental EIS or an addendum, as authorized by the SEPA rules (chapter 197-11 WAC).

(f) When creating SEPA documents, counties and cities should consider identifying and incorporating previous environmental analysis statements prepared by other lead agencies in connection with other related plans or projects.

(g) When conducting the SEPA analysis of a comprehensive plan amendment, counties and cities should analyze the impacts of fundamental land use planning choices. Because these choices cannot be revisited during project review, the impacts of these decisions must be evaluated when adopting comprehensive plan amendments. This analysis can serve as the foundation for project review. RCW 36.70B.030 identifies the following as fundamental land use planning choices:

(i) The types of land use;

(ii) The level of development, such as units per acre or other measures of density;

(iii) Infrastructure, including public facilities and services needed to serve the development; and

(iv) The characteristics of the development, such as development standards.

(h) SEPA compliance for development regulations should concentrate on the difference among alternative means of successfully implementing the goals and policies of the comprehensive plan. When evaluating the impacts of development regulations, the SEPA analysis must assess the impacts of known or reasonably foreseeable development that would occur as a result of the proposed regulations. This approach can serve the goal that project applications be processed in a timely manner, while not compromising SEPA's basic aim of ensuring consideration of environmental impacts in advance of development.

(4) Interjurisdictional impacts. It is recognized that the growth of each county and city will have ripple effects which will reach across jurisdictional boundaries. Each county or city planning under the act should analyze what effects are likely to occur from the anticipated development. This analysis should be made as a part of the process of complying with SEPA in connection with comprehensive plan adoption. Affected jurisdictions should be given an opportunity to comment on this analysis.

(5) Other guidance found in SEPA rules. The SEPA rules (WAC 197-11-230) contain other guidance for preparing and issuing SEPA documents related to comprehensive plan amendments.

(6) Planned actions. One of the opportunities presented by the application of the act, SEPA, and the Regulatory Reform Act of 1995 (chapter 36.70B RCW and WAC 365-197-030) is the creation of a "planned action." A planned action is a nonproject action whose impacts are analyzed in an EIS associated with a comprehensive plan or subarea plan. The impacts and necessary mitigation are identified in a planned action ordinance. Development projects which are consistent with a planned action ordinance may not require additional environmental review. Planned actions are also addressed in WAC 197-11-168 and 197-11-172.

History

Statutory Authority: RCW 36.70A.190 (4)(b), 36.70A.096, and 36.70A.190(8). WSR 26-01-181, s 365-196-620, filed 12/23/25, effective 1/23/26. Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 10-03-085, § 365-196-620, filed 1/19/10, effective 2/19/10.

Wash. Admin. Code § 365-196-630 Submitting notice of intent to adopt to the state.

(1) State notification and comment.

(a) The act requires each county or city proposing adoption of an original comprehensive plan or development regulation, or amendment, under the act, to notify the department of its intent at least 60 days prior to final adoption pursuant to RCW 36.70A.106. Counties and cities may request expedited review for amendments to the development regulations pursuant to RCW 36.70A.106 (3)(b).

(b) State agencies, including the department, may provide comments on comprehensive plans, development regulations, and related amendments during the public review process.

(2) Notice to the department may be in digital format through PlanView, a web-based portal, provided by the department. A complete submittal shall include the following:

(a) A cover letter or cover page that includes an explanation of the proposed amendment, notification that the submittal is intended to begin the 60-day review process, the planned date of adoption, and the sender's contact information; and

(b) A copy of the proposed amendment text. The drafted amendment text should be in a complete form, and it should clearly identify how the existing language will be modified. Amended text shall show strikeouts for deleted text and underlining for new text, clearly identifying the proposed changes. At the discretion of the department, strikeouts and underlined text may not be required provided the new or deleted portions of the proposed amendment are clearly identifiable.

(c) If the proposed amendment changes during the legislative process, following submittal, then a county or city may submit supplemental materials to the department without initiating a new 60-day notice period. Counties and cities must identify any materials submitted to the department if they are supplemental to an earlier proposed amendment under a 60-day review.

(3)(a) The department prefers that notices of proposed amendments, under RCW 36.70A.106, be submitted electronically through PlanView, a web-based portal. The department will provide access and instructions to a county or city for submitting notice through this process. A county or city may contact the department by email at reviewteam@commerce.wa.gov to obtain electronic contact information and procedures for electronic submittals.

(b) Copies submitted by U.S. mail should be sent to:

Department of Commerce,

Growth Management Services

Attn: Review Team

P.O. Box 42525

Olympia, WA 98504-2525

(4) Submitting adopted amendments.

(a) Each county or city planning under the act must transmit to the department, within 10 days after adoption, one complete and accurate copy of its adopted comprehensive plan or development regulation, or adopted amendment to a comprehensive plan or development regulation, pursuant to RCW 36.70A.106.

(b) The submittal of an adopted amendment must include a copy of the final signed and dated ordinance or resolution identifying the legislative action.

(c) Submittal of an adopted amendment should follow the method outlined for submission of the 60-day notice for review in subsection (3) of this section.

(5) The 60-day period for determining when an amendment to a comprehensive plan or development regulation may be adopted begins as follows:

(a) When the notice is automatically date-stamped by the department in the PlanView system, or upon receipt if the submittal is transmitted electronically; or

(b) When the material is stamped upon the date of receipt at the department's planning unit reception desk during regular business hours if the submittal is transmitted by U.S. mail.

(6) Expedited review.

(a) Counties and cities may request expedited review when submitting notice to the department of intent to adopt an amendment to development regulations under RCW 36.70A.106 (3)(b).

(b) Expedited review is intended for amendments to development regulations for which, without expedited review, the 60-day state agency review process would needlessly delay the jurisdictions adoption schedule.

(d) Certain types of development regulations are very likely to require review by state agencies, and are therefore generally not appropriate for expedited review. Proposed changes to critical areas ordinances or regulations, concurrency ordinances, or ordinances regulating essential public facilities are examples of development regulation amendments that should not be submitted for expedited review.

(e) Department responsibilities:

(i) Requests submitted for expedited review should be identified by the department through the PlanView system within two working days of receipt of request for expedited review.

(ii) State agencies have 10 working days to determine if the proposal is of interest and requires more time for review.

(iii) If the department is notified by any state agency within 10 working days that it has an interest in more time for review, the department will not grant expedited review until all agencies have had an opportunity to comment.

(iv) If, after 10 working days, a state agency does not respond to the department, then the department may grant the request for expedited review.

(v) The department may determine that it has an interest in a proposal that requires more time for review, and it may deny a request for expedited review on that basis.

(vi) The estimated time frame for processing an expedited review request is 14 days, to coincide with the State Environmental Policy Act comment period.

(vii) The expedited review request must include the information required to determine if an item is of state interest, similar to the methods outlined for submission of amendments for 60-day review.

(f) State agency responsibilities:

(i) If a state agency intends to comment, the agency must respond to requests for expedited review within 10 working days.

(ii) State agencies should determine how to coordinate an agency response internally to maintain proper notification and information management between its headquarters office and regional offices. The department will work with state agencies if it can be of assistance in this process.

(iii) If a state agency has an interest in a proposed amendment for expedited review, and it has requested the department not grant expedited review, then the state agency requesting denial of the expedited review should contact and provide comment directly to the requesting county or city within the 60-day period specified in RCW 36.70A.106. The state agency should notify the department when it has completed review and provided comments.

(g) County and city responsibilities:

(i) Requests for expedited review should be the exception and not the rule. Expedited review is designed for use with development regulation amendments that are unlikely to require state agency review or comment.

(ii) Expedited review should not be used as a substitute for timely notification. Counties and cities should plan for the full 60-day review period when practicable.

(iii) Counties and cities must request expedited review on a case-by-case basis.

(iv) A request for expedited review should be in the form of an electronic submittal in the PlanView system, following the department's submittal requirements for 60-day review in subsection (3) of this section.

(v) The request must be accompanied with enough information, as defined by the department, in consultation with other state agencies and counties and cities, to determine whether it is of state interest.

(vi) Expedited review should not be requested if the normal 60-day period will not delay adoption.

History

Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 23-08-037, § 365-196-630, filed 3/29/23, effective 4/29/23
WSR 10-03-085, § 365-196-630, filed 1/19/10, effective 2/19/10.

Wash. Admin. Code § 365-196-640 Comprehensive plan amendment procedures.

(1) Each county or city should provide for an ongoing process to ensure:

(a) The comprehensive plan is internally consistent and consistent with the comprehensive plans of adjacent counties and cities. See WAC 365-196-500 and 365-196-510; and

(b) The development regulations are consistent with and implement the comprehensive plan.

(2) Counties and cities should establish procedures governing the amendment of the comprehensive plan. The location of these procedures may be either in the comprehensive plan, or clearly referenced in the plan.

(3) Amendments.

(a) All proposed amendments to the comprehensive plan must be considered by the governing body concurrently and may not be considered more frequently than once every year, so that the cumulative effect of various proposals can be ascertained. If a county or city's final legislative action is taken in a subsequent calendar year, it may still be considered part of the prior year's docket so long as the consideration of the amendments occurred within the prior year's comprehensive plan amendment process.

(b) Amendments may be considered more often under the following circumstances:

(i) The initial adoption of a subarea plan. Subarea plans adopted under this subsection (3)(b)(i) must clarify, supplement, or implement jurisdiction-wide comprehensive plan policies, and may only be adopted if the cumulative impacts of the proposed plan are addressed by appropriate environmental review under chapter 43.21C RCW;

(ii) The development of an initial subarea plan for economic development located outside of the 100-year floodplain in a county that has completed a state-funded pilot project that is based on watershed characterization and local habitat assessment;

(iii) The adoption or amendment of a shoreline master program under the procedures set forth in chapter 90.58 RCW;

(iv) The amendment of the capital facilities element of a comprehensive plan that is part of the adoption or amendment of a county or city budget;

(v) The adoption of comprehensive plan amendments necessary to enact a planned action under RCW 43.21C.031(2), provided that amendments are considered in agreement with the public participation program established by the county or city under RCW 36.70A.140, and all persons who have requested notice of a comprehensive plan update are given notice of the amendments and an opportunity to comment;

(vi) To resolve an appeal of the comprehensive plan filed with the growth management hearings board; or

(vii) In the case of an emergency.

(4) Emergency amendments. Public notice and an opportunity for public comment must precede the adoption of emergency amendments to the comprehensive plan. Provisions in RCW 36.70A.390 apply only to moratoria or interim development regulations. They do not apply to comprehensive plans amendments. If a comprehensive plan amendment is necessary, counties and cities should adopt a moratoria or interim zoning control. The county or city should then consider the comprehensive plan amendment concurrently with the consideration of permanent amendments and only after public notice and an opportunity for public comment.

(5) Evaluating cumulative effects. RCW 36.70A.130 (2)(b) requires that all proposed amendments in any year be considered concurrently so the cumulative effect of the proposals can be ascertained. The amendment process should include an analysis of all proposed amendments evaluating their cumulative effect. This analysis should be prepared in conjunction with analyses required to comply with the State Environmental Policy Act under chapter 43.21C RCW.

(6) Docketing of proposed amendments.

(a) RCW 36.70A.470(2) requires that comprehensive plan amendment procedures allow interested persons, including applicants, citizens, hearing examiners, and staff of other agencies, to suggest amendments of comprehensive plans or development regulations. This process should include a means of docketing deficiencies in the comprehensive plan that arise during local project review. These suggestions must be docketed and considered at least annually.

(b) A consideration of proposed amendments does not require a full analysis of every proposal within 12 months if resources are unavailable.

(c) As part of this process, counties and cities should specify what information must be submitted and the submittal deadlines so that proposals can be evaluated concurrently.

(d) Once a proposed amendment is received, the county or city may determine if a proposal should receive further consideration as part of the comprehensive plan amendment process.

(e) Some types of proposed amendments require a significant investment of time and expense on the part of both applicants and the county or city. A county or city may specify in its policies certain types of amendments that will not be carried forward into the amendment process on an annual basis. This provides potential applicants with advance notice of whether a proposed amendment will be carried forward and can help applicants avoid the expense of preparing an application.

(7) Effective date of certain comprehensive plan amendments. RCW 36.70A.067 requires that the initial effective date of an action that expands an urban growth area designated under RCW 36.70A.110, removes the designation of agricultural, forest, or mineral resource lands designated under RCW 36.70A.170, creates or expands a limited area of more intense rural development designated under RCW 36.70A.070 (5)(d), establishes a new fully contained community under RCW 36.70A.350, or creates or expands a master planned resort designated under RCW 36.70A.360, is after the latest of the following dates:

(a) Sixty days after the date of publication of notice of adoption of the comprehensive plan, development regulation, or amendment to the plan or regulation, implementing the action, as provided in RCW 36.70A.290(2); or

(b) If a petition for review to the growth management hearings board is timely filed, upon issuance of the board's final order.

History

Statutory Authority: RCW 36.70A.190 (4)(b), 36.70A.096, and 36.70A.190(8). WSR 26-01-181, s 365-196-640, filed 12/23/25, effective 1/23/26. Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 25-17-058, s 365-196-640, filed 8/15/25, effective 9/15/25
WSR 10-22-103, § 365-196-640, filed 11/2/10, effective 12/3/10
WSR 10-03-085, § 365-196-640, filed 1/19/10, effective 2/19/10.

Wash. Admin. Code § 365-196-650 Implementation strategy.

Each county or city planning under the act should develop a strategy for implementing its comprehensive plan. The strategy should describe the regulatory and nonregulatory measures (including actions for acquiring and spending money) to be used to implement the comprehensive plan. The strategy should identify each of the development regulations needed. Where applicable, the implementation strategy should be coordinated with the implementation progress report.

(1) Selection. In determining the specific regulations to be adopted, counties and cities may select from a wide variety of types of controls. The strategy should include consideration of:

(a) The choice of substantive requirements, such as the delineation of use zones; general development limitations concerning lot size, setbacks, bulk, height, density; provisions for environmental protection; urban design guidelines and design review criteria; specific requirements for affordable housing, landscaping, parking; levels of service, concurrency regulations and other measures relating to public facilities.

(b) The means of applying the substantive requirements, such as methods of prior approval through permits, licenses, franchises, or contracts.

(c) The processes to be used in applying the substantive requirements, such as permit application procedures, hearing procedures, approval deadlines, and appeals.

(d) The methods of enforcement, such as inspections, reporting requirements, bonds, permit revocation, civil penalties, and abatement.

(2) Identification. The strategy should include a list of all regulations identified as development regulations for implementing the comprehensive plan. Some of these regulations may already be in existence and consistent with the plan. Others may be in existence, but require amendment. Others will need to be written. The strategy should include the actions needed to achieve housing availability and affordability identified in the housing element.

(3) Adoption schedule. The strategy should include a schedule for the adoption or amendment of the development regulations identified. Individual regulations or amendments may be adopted at different times. However, all of the regulations identified should be adopted by the applicable final deadline for adoption of development regulations.

(4) The implementation strategy for each jurisdiction should be in writing and available to the public. A copy should be provided to the department. Completion of adoption of all regulations identified in the strategy will be construed by the department as completion of the task of adopting development regulations for the purposes of deadlines under the statute.

(5) Where applicable, the implementation strategy should form the basis for the implementation progress report required in RCW 36.70A.130(9).

History

Statutory Authority: RCW 36.70A.190 (4)(b), 36.70A.096, and 36.70A.190(8). WSR 26-01-181, s 365-196-650, filed 12/23/25, effective 1/23/26. Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 25-17-058, s 365-196-650, filed 8/15/25, effective 9/15/25
WSR 10-03-085, § 365-196-650, filed 1/19/10, effective 2/19/10.

Wash. Admin. Code § 365-196-660 Supplementing, amending, and monitoring.

(1) New development regulations may be adopted as the need for supplementing the initial implementation strategy becomes apparent.

(2) Counties and cities should institute an annual review of growth management implementation on a systematic basis. To aid in this process, counties and cities planning under the act should consider establishing a growth management monitoring program designed to measure and evaluate the progress being made toward accomplishing the act's goals and the provisions of the comprehensive plan.

(a) This process should also include a review of comprehensive plan or regulatory deficiencies encountered during project review.

(b) The department recommends critical areas regulations be reviewed to ensure they are achieving no net loss of ecosystem functions and values. This review should include an analysis of monitoring plans, regulations and permits to ensure they are efficient and effective at achieving protection goals and implementation benchmarks.

(d) Where applicable, this process should be coordinated with the required review and evaluation (buildable lands) in RCW 36.70A.215 and the implementation progress report in RCW 36.70A.130(9).

History

Statutory Authority: RCW 36.70A.190 (4)(b), 36.70A.096, and 36.70A.190(8). WSR 26-01-181, s 365-196-660, filed 12/23/25, effective 1/23/26. Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 23-08-037, § 365-196-660, filed 3/29/23, effective 4/29/23
WSR 10-03-085, § 365-196-660, filed 1/19/10, effective 2/19/10.

Wash. Admin. Code § 365-196-700 Background.

(1) For counties and cities subject to its terms, the act mandates the development of comprehensive plans and development regulations that meet statutory goals and requirements. These comprehensive plans and development regulations will take their place among existing laws relating to resource management, environmental protection, regulation of land use, utilities and public facilities. Many of these existing laws were neither repealed nor amended by the act.

(2) The circumstances outlined in subsection (1) of this section place responsibility both on local growth management planners and on administrators of preexisting programs to work toward producing a single harmonious body of law.

(3) The need to consider and recognize other laws should profoundly influence, limit, and shape planning and decision making under the act. At the same time, in recognition of the broad and fundamental changes intended by creation of the growth management scheme, prior programs should be interpreted and directed, to the maximum extent possible, in a manner consistent with the products of the comprehensive growth management system, as described in WAC 365-196-305, 365-196-500, and 365-196-510.

(4) The far-reaching nature of the act and the wide variety of possible outcomes under its authority dictate that identification of all the points of contact between its products and other laws will have to be elaborated over time. The entire process of determining how the act fits into the overall legal framework will, of necessity, be an incremental one.

(5) A conscious effort to address the requirements of other existing law is an essential step in adopting and amending local plans and regulations. This need poses an unprecedented challenge to all governmental entities - municipalities, counties, regional authorities, special purpose districts and state agencies - to communicate and collaborate. The act is a mandate to government at all levels to engage in coordinated planning and cooperative implementation.

History

Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 10-03-085, § 365-196-700, filed 1/19/10, effective 2/19/10.

Wash. Admin. Code § 365-196-705 Basic assumptions.

(1) Where the legislature has spoken expressly on the relationship of the act to other statutory provisions, the explicit legislative directions shall be carried out. Examples of such express provisions are set forth in WAC 365-196-745.

(2) Absent a clear statement of legislative intent or judicial interpretation to the contrary, it should be presumed that neither the act nor other statutes are intended to be preemptive. Rather they should be read together and, wherever possible, construed as mutually consistent. However, the legislature has identified the act as a fundamental building block of regulatory reform, and it should serve as the integrating framework for all other local land-use regulations.

History

Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 10-03-085, § 365-196-705, filed 1/19/10, effective 2/19/10.

Wash. Admin. Code § 365-196-710 Identification of other laws.

(1) In developing and amending comprehensive plans and implementing regulations, counties and cities planning under the act should identify other statutes and legal authorities affecting subjects addressed in their comprehensive plans and development regulations.

(2) To aid in this identification, state agencies, regional authorities, special districts and utilities should implement programs to inform counties and cities of programs and provisions within their jurisdiction or expertise that are relevant to growth management planning actions.

(3) Agencies that review and comment on draft comprehensive plans, or on related State Environmental Policy Act documents, should take advantage of these opportunities to advise planning jurisdictions of preexisting programs and related legal authorities.

History

Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 10-03-085, § 365-196-710, filed 1/19/10, effective 2/19/10.

Wash. Admin. Code § 365-196-715 Integrating external considerations.

(1) County and city planners should take advantage of data and analyses prepared by other governmental agencies and use it to shape the form and content of comprehensive plans and development regulations under the act where relevant.

(2) Other governmental agencies should also use the data and analyses prepared by counties and cities in the formation of their comprehensive plans, especially when making assumptions about future land use patterns in areas covered by a local comprehensive plan.

(3) Governmental entities with expertise in subjects affecting or affected by the act and private companies that provide public services should, as practicable, offer technical assistance to counties and cities planning under the act.

(4) When drafting or amending comprehensive plans and development regulations, counties and cities should identify other related laws, evaluate any potential areas of conflict and make efforts to avoid such conflicts. Where the text of outside sources can appropriately serve local needs, consideration should be given to adoption of that text in local comprehensive plans or development regulations.

History

Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 10-03-085, § 365-196-715, filed 1/19/10, effective 2/19/10.

Wash. Admin. Code § 365-196-720 Sources of law.

(1) In seeking to identify other relevant legal authorities, planners should refer to sources at all levels of government, including federal and state constitutions, federal and state statutes, federal and state administrative regulations, and judicial interpretations thereof.

(2) The sources of law set forth in WAC 365-196-725 through 365-196-745 are intended to assist planners by highlighting various kinds of external legal provisions that should be considered during the planning process. Some of the sources of law overlap in WAC 365-196-725 through 365-196-745. The listing is not exhaustive. It is intended to supplement, not substitute for, the informational efforts of state agencies, regional authorities, special districts and utilities.

History

Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 10-03-085, § 365-196-720, filed 1/19/10, effective 2/19/10.

Wash. Admin. Code § 365-196-725 Constitutional provisions.

(1) Comprehensive plans and development regulations adopted under the act are subject to the supremacy principle of Article VI, United States Constitution and of Article XI, Section 11, Washington state Constitution.

(2) Counties and cities planning under the act are required to use a process established by the state attorney general to assure that proposed regulatory or administrative actions do not unconstitutionally infringe upon private property rights. As set forth in RCW 36.70A.370, the state attorney general has developed a publication entitled "Advisory Memorandum: Avoiding Unconstitutional Takings of Private Property," which is updated frequently to maintain consistency with changes in case law. Counties and cities should contact the department or state attorney general for the latest edition of this advisory memorandum.

History

Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 10-03-085, § 365-196-725, filed 1/19/10, effective 2/19/10.

Wash. Admin. Code § 365-196-730 Federal authorities.

(1) Counties and cities drafting or amending comprehensive plans and development regulations under the act should consider the effects of federal authority over land or resource use within the planning area, including:

(a) Treaties with Native Americans;

(b) Jurisdiction on land owned or held in trust by the federal government;

(d) Federal permit programs and plans;

(e) Metropolitan planning organizations, which are also designated as regional transportation planning organizations established in chapter 47.80 RCW; and

(f) The Central Puget Sound economic development district.

(2) Examples of such federal standards, permit programs and plans are:

(a) National ambient air quality standards, adopted under the Federal Clean Air Act;

(b) Drinking water standards, adopted under the Federal Safe Drinking Water Act;

(d) Dredge and fill permits issued by the Army Corps of Engineers under the Federal Clean Water Act;

(e) Licenses for hydroelectric projects issued by the Federal Energy Regulatory Commission;

(f) Plans created under the Pacific Northwest Electric Power Planning and Conservation Act;

(g) Recovery plans and the prohibition on taking listed species under the Endangered Species Act;

(h) State and local consolidated plans required by the Department of Housing and Urban Development under the Code of Federal Regulations (24 C.F.R. 91 and 24 C.F.R. 570);

(i) Historic preservation requirements and standards of the National Historic Preservation Act;

(j) Regulatory requirements of section 4(f) of the Department of Transportation Act;

(k) Plans adopted by metropolitan planning organizations to meet federal transportation planning responsibilities established by the U.S. Federal Highway Administration (FHWA) and the U.S. Federal Transit Administration (FTA);

(l) Habitat alteration restrictions arising from the Bald and Golden Eagle Protection Act administered by the U.S. Fish and Wildlife Service; and

(m) Habitat alteration restrictions arising from the Migratory Bird Treaty Act administered by the U.S. Fish and Wildlife Service.

History

Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 23-08-037, § 365-196-730, filed 3/29/23, effective 4/29/23
WSR 10-03-085, § 365-196-730, filed 1/19/10, effective 2/19/10.

Wash. Admin. Code § 365-196-735 State and regional authorities.

(1) When developing and amending comprehensive plans and development regulations under the act, counties and cities should consider existing state and regional regulatory and planning provisions affecting land use, resource management, environmental protection, utilities, or public facilities including:

(a) State statutes and regulations imposing statewide standards;

(b) Programs involving state-issued permits or certifications;

(c) State statutes and regulations regarding rates, services, facilities and practices of utilities, and tariffs of utilities in effect pursuant to such statutes and regulations;

(d) State and regional plans;

(e) Regulations and permits issued by regional entities;

(f) Locally developed plans subject to review or approval by state or regional entities.

(2) Examples of statutes and regulations imposing statewide standards are:

(a) Water quality standards and sediment standards, adopted by the department of ecology under the state Water Pollution Control Act;

(b) Drinking water standards adopted by the department of health pursuant to the Federal Safe Drinking Water Act;

(c) Minimum functional standards for solid waste handling, adopted by the department of ecology under the state Solid Waste Management Act;

(d) Minimum cleanup standards under the Model Toxics Control Act adopted by the department of ecology;

(e) Statutory requirements under the Shoreline Management Act and implementing guidelines and regulations adopted by the department of ecology;

(f) Standards for forest practices, adopted by the forest practices board under the state Forest Practices Act;

(g) Minimum requirements for flood plain management, adopted by the department of ecology under the Flood Plain Management Act;

(h) Minimum performance standards for construction pursuant to the state or International Building Code;

(i) Safety codes, such as the electrical construction code, adopted by the department of labor and industries;

(j) Archaeological investigation and reporting standards adopted by the department of archaeology and historic preservation under the Archaeological Sites and Resources Act and the Indian Graves and Records Act;

(k) Statutory requirements and procedures under the Planning Enabling Act;

(l) Statutory requirements and rules associated with operating and maintaining state highways, transportation facilities, and services under the Public Highways and Transportation Act.

(3) Examples of programs involving state issued permits or certifications are:

(a) Permits relating to forest practices, issued by the department of natural resources;

(b) Permits relating to surface mining reclamation, issued by the department of natural resources;

(d) Water rights permits, issued by department of ecology under state surface and groundwater codes;

(e) Hydraulic project approvals, issued by departments of fisheries and wildlife under the state fisheries code;

(f) Water quality certifications, issued by the department of ecology;

(g) Operating permits for public water supply systems, issued by the state health department;

(h) Site certifications developed by the energy facility site evaluation council;

(i) Permits relating to the generation, transportation, storage or disposal of dangerous wastes, issued by the department of ecology;

(j) Permits for disturbing or impacting archaeological sites and for the discovery of human remains, issued by the department of archaeology and historic preservation;

(k) Sponsored fish habitat enhancement projects permitted under RCW 77.55.181.

(4) Examples of state and regional plans are:

(a) State implementation plan for ambient air quality standards under the Federal Clean Air Act;

(b) Statewide multimodal transportation plan and the Washington transportation plan adopted under chapter 47.01 RCW;

(c) Instream resource protection regulations for water resource inventory areas adopted under the Water Resources Act of 1971;

(d) Groundwater management area programs, adopted pursuant to the groundwater code;

(e) Plan or action agendas adopted by the Puget Sound partnership;

(f) State outdoor recreation and open space plan;

(g) State trails plan;

(h) Regional transportation planning organization plans and plans that meet the requirements for multicounty planning policies under RCW 36.70A.210(7).

(5) Examples of regulations and permits issued by regional entities are:

(a) Solid waste disposal facility permits issued by health departments under the Solid Waste Management Act;

(b) Regulations adopted by regional air pollution control authorities;

(6) Examples of locally developed plans subject to review or approval by state or regional agencies are:

(a) Shoreline master programs, approved by the department of ecology;

(b) The consistency requirement for lands adjacent to shorelines of the state set forth in RCW 90.58.340;

(d) Plans for individual public water systems, approved by the department of health;

(e) Comprehensive sewage drainage basin plans, approved by the department of ecology;

(f) Local moderate risk waste plans, approved by the department of ecology;

(g) Integrated resource plans required to be filed with the utilities and transportation commission in accordance with WAC 480-100-238;

(h) Reclaimed water plans, approved by the department of ecology and/or department of health.

History

Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 25-17-058, s 365-196-735, filed 8/15/25, effective 9/15/25
WSR 10-03-085, § 365-196-735, filed 1/19/10, effective 2/19/10.

Wash. Admin. Code § 365-196-740 Regional perspective.

Some of the authorities in WAC 365-196-730 and 365-196-735 require planning for particular purposes for areas related by physical features, such as watersheds, rather than by political boundaries. Moreover, the environmental and ecological systems addressed in resource management, service by utilities, fish and wildlife management and pollution control are generally not circumscribed by county and city lines. Planning entities should attempt to identify these geographic areas which require a regional planning approach and, if needed, work toward creating collaborative processes involving all agencies with jurisdiction in the relevant geographical area. This approach should assist in achieving interjurisdictional consistency, consistency with the countywide planning policies and, where applicable, multicounty planning policies. See WAC 365-196-305 regarding countywide planning policies.

History

Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 23-08-037, § 365-196-740, filed 3/29/23, effective 4/29/23
WSR 10-03-085, § 365-196-740, filed 1/19/10, effective 2/19/10.

Wash. Admin. Code § 365-196-745 Explicit statutory directions.

(1) The legislature expressly amended numerous statutes outside of chapter 36.70A RCW that relate to the act. These amendments define the relationship of such existing statutes to comprehensive plans and development regulations under the act. Examples include:

(a) RCW 19.27.097 (state building code - evidence of adequate supply of potable water);

(b) RCW 35.13.005 (annexation of unincorporated areas - prohibited beyond urban growth areas);

(d) RCW 35.77.010 (city streets - six-year comprehensive street program consistent with comprehensive plans);

(e) RCW 35A.14.005 (annexation by code cities - prohibited beyond urban growth areas);

(f) Section 201, chapter 7, Laws of 2010 (community facilities districts may only include land within urban growth areas);

(g) RCW 36.81.121 (county roads - six-year comprehensive road program consistent with act comprehensive plans);

(h) RCW 36.94.040 (sewerage, water, drainage systems - incorporation of relevant comprehensive plan provisions into sewer or water general plan);

(i) RCW 43.20.260 (water system plans consistent with comprehensive plans and development regulations);

(j) RCW 43.21C.240 (project review under the act);

(k) RCW 57.16.010 (water districts - district comprehensive water plan consistent with urban growth area restrictions);

(l) RCW 58.17.060 (short plats - written findings about appropriate provisions for infrastructure);

(m) RCW 58.17.110 (subdivisions - written findings about appropriate provisions for infrastructure);

(n) RCW 59.18.440 (land development - authority of entities planning under the act to require relocation assistance);

(o) RCW 70.118B.040(3) (requirements for large on-site sewage systems to be consistent with the requirements of any comprehensive plans or development regulations adopted under the act);

(p) RCW 86.12.200 (comprehensive flood control management plans - may be incorporated into comprehensive plans under the act); and

(q) RCW 90.46.120 (use of water from wastewater treatment facility - consideration in regional water supply plan or potable water supply service planning).

(2) As enacted, the act included the creation of a new chapter (chapter 47.80 RCW) authorizing and assigning duties to regional transportation planning organizations. These organizations were expressly given responsibilities for ensuring the consistency of transportation planning throughout a region containing multiple local governmental jurisdictions.

(3) As enacted, the act included the addition of new sections (RCW 82.02.050 through 82.02.090) concerning impact fees on development in counties or cities that plan under the act. These sections explicitly authorize and condition the use of such fees as part of the financing of public facility system improvements needed to serve new development.

History

Statutory Authority: RCW 36.70A.050, 36.70A.190. WSR 10-22-103, § 365-196-745, filed 11/2/10, effective 12/3/10
WSR 10-03-085, § 365-196-745, filed 1/19/10, effective 2/19/10.

Wash. Admin. Code § 365-196-800 Relationship between development regulations and comprehensive plans.

(1) Development regulations under the act are specific controls placed on development or land use activities by a county or city. Development regulations must be consistent with and implement comprehensive plans adopted pursuant to the act.

"Implement" in this context has a more affirmative meaning than merely "consistent." See WAC 365-196-210. "Implement" connotes not only a lack of conflict but also a sufficient scope to fully carry out the goals, policies, standards and directions contained in the comprehensive plan.

(2) When a county first becomes subject to the full planning requirements of RCW 36.70A.040, it must adopt development regulations designating interim urban growth areas as outlined under RCW 36.70A.110(5). The legislature specifically provided that the designation of interim urban growth areas shall be in the form of development regulations. Such interim designations shall generally precede the adoption of comprehensive plans.

History

Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 10-03-085, § 365-196-800, filed 1/19/10, effective 2/19/10.

Wash. Admin. Code § 365-196-805 Timing of initial adoption.

(1) Except for interim regulations, required development regulations must be enacted either by the deadline for adoption of the comprehensive plan or within six months thereafter, if an extension is obtained. The possibility of a time gap between the adoption of a comprehensive plan and the adoption of development regulations pertains to the time frame after the initial adoption of the comprehensive plan. Subsequent amendments to the plan should not face any delay before being implemented by regulations. After adoption of the initial plan and development regulations, such regulations should at all times be consistent with the comprehensive plan. Whenever amendments to comprehensive plans are adopted, consistent implementing regulations or amendments to existing regulations should be enacted and put into effect concurrently. See WAC 365-196-660.

(2) To obtain an extension of the deadline for the initial adoption of development regulations, a county or city must notify the department of its need by letter prior to the initial deadline. Six-month extensions will be obtained whenever such letters are timely received, but no extensions will result from requests received after the initial deadline.

History

Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 10-03-085, § 365-196-805, filed 1/19/10, effective 2/19/10.

Wash. Admin. Code § 365-196-810 Review for consistency when adopting development regulations.

(1) When adopting any development regulation intended to carry out a comprehensive plan, the proposing county or city should review its terms to ensure it is consistent with and implements the comprehensive plan and make a finding in the adopting ordinance to that effect.

(2) If a county or city develops an implementation strategy, it should ensure the strategies are consistent with the comprehensive plans of adjacent counties or cities. See WAC 365-196-650 for implementation strategy recommendations.

History

Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 10-03-085, § 365-196-810, filed 1/19/10, effective 2/19/10.

Wash. Admin. Code § 365-196-815 Conservation of natural resource lands.

(1) Requirements.

(a) Counties and cities planning under RCW 36.70A.040 must adopt development regulations that assure the conservation of designated agricultural, forest, and mineral lands of long-term commercial significance. If counties and cities designate agricultural or forest resource lands within any urban growth area, they must also establish a program for the purchase or transfer of development rights.

(b) "Conservation" means measures designed to assure that the natural resource lands will remain available to be used for commercial production of the natural resources designated. Counties and cities should address two components to conservation:

(i) Development regulations must prevent conversion to a use that removes land from resource production. Development regulations must not allow a primary use of agricultural resource lands that would convert those lands to nonresource purposes. Accessory uses may be allowed, consistent with subsection (3)(b) of this section.

(ii) Development regulations must assure that the use of lands adjacent to designated natural resource lands does not interfere with the continued use, in the accustomed manner and in accordance with the best management practices, of these designated lands for the production of food, agricultural products, or timber, or for the extraction of minerals.

(c) Classification, designation and designation amendment. The department adopted minimum guidelines in chapter 365-190 WAC, detailing the process involved in establishing a natural resource lands conservation program. Included are criteria to be considered before any designation change should be approved.

(d) Prior uses. Regulations for the conservation of natural resource lands may not prohibit uses legally existing on any parcel prior to their adoption.

(e) Plats and permits. Counties and cities shall require that all plats, short plats, development permits, and building permits issued for development activities on, or within five hundred feet, of designated natural resource lands contain a notice that the subject property is within or near designated agricultural lands, forest lands, or mineral resource lands on which a variety of commercial activities may occur that are not compatible with residential development for certain periods of limited duration.

(2) Relationship to other programs. In designing development regulations and nonregulatory programs to conserve designated natural resource lands, counties and cities should endeavor to make development regulations and programs fit together with regional, state and federal resource management programs applicable to the same lands. Comprehensive plans and policies may in some respects be adequately implemented by adopting the provisions of such other programs as part of the local regulations.

(3) Innovative zoning techniques.

(a) When adopting development regulations to assure the conservation of agricultural lands, counties should consider use of innovative zoning techniques. These techniques should be designed to conserve agricultural lands and encourage the agricultural economy. Any nonagricultural uses allowed should be limited to lands with poor soils or lands otherwise not suitable for agricultural purposes.

(b) Examples of innovative zoning techniques include:

(i) Agricultural zoning, which limits the density of development and restricts or prohibits nonfarm uses of agricultural land and may allow accessory uses, including nonagricultural accessory uses and activities, that support, promote, or sustain agricultural operations and production, as provided in this subsection;

(ii) Cluster zoning, which allows new development on one portion of the land, leaving the remainder in agricultural or open space uses;

(iii) Large lot zoning, which establishes as a minimum lot size the amount of land necessary to achieve a successful farming practice;

(iv) Quarter/quarter zoning, which permits one residential dwelling on a one-acre minimum lot for each one-sixteenth of a section of land;

(v) Sliding scale zoning, which allows the number of lots for single-family residential purposes, with a minimum lot size of one acre, to increase inversely as the size of the total acreage increases; and

(vi) The transfer or purchase of development rights from agricultural lands, which can be used through cooperative agreements with cities, or counties with nonmunicipal urban growth areas, as receiving areas for the use of these development rights.

(i) Counties may allow certain accessory uses on agricultural lands of long-term commercial significance. Accessory uses can promote the continued use of agricultural lands by allowing accessory uses that add value to agricultural products. Accessory uses can also promote the continued use of agricultural lands by allowing farming operations to generate supplemental income through unrelated uses, provided they are compatible with the continued use of agricultural land of resource production;

(ii) Development regulations must require accessory uses to be located, designed, and operated so as to not interfere with, and to support the continuation of, the overall agricultural use of the property and neighboring properties, and must comply with the requirements of the act;

(iii) Accessory uses may include:

(A) Agricultural accessory uses and activities, including but not limited to the storage, distribution, and marketing of regional agricultural products from one or more producers, agriculturally related experiences, or the production, marketing, and distribution of value-added agricultural products, including support services that facilitate these activities; and

(B) Nonagricultural accessory uses and activities as long as they are consistent with the size, scale, and intensity of the existing agricultural use of the property and the existing buildings on the site. Nonagricultural accessory uses and activities, including new buildings, parking, or supportive uses, shall not be located outside the general area already developed for buildings and residential uses and shall not otherwise convert more than one acre of agricultural land to nonagricultural uses; and

(C) Counties and cities have the authority to limit or exclude accessory uses otherwise authorized in this subsection in areas designated as agricultural lands of long-term commercial significance.

(iv) Any innovative zoning techniques must not limit agricultural production on designated agricultural resource lands.

History

Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 10-03-085, § 365-196-815, filed 1/19/10, effective 2/19/10.

Wash. Admin. Code § 365-196-820 Subdivisions.

(1) Regulations for subdivision approvals and dedications, must require that the county or city make written findings that "appropriate provisions" have been made for the public health, safety, and general welfare, including open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds, and all other relevant factors, including sidewalks and other planning features that assure safe walking conditions for students who walk to and from school; and that the public use and interest will be served by the platting of such subdivision and dedication.

(2) All cities, towns, and counties shall include in their short plat regulations procedures for unit lot subdivisions allowing division of a parent lot into separately owned unit lots. Portions of the parent lot not subdivided for individual unit lots shall be owned in common by the owners of the individual unit lots, or by a homeowners' association comprised of the owners of the individual unit lots.

(3) Regulations for short plat and short subdivision approvals may require written findings for "appropriate provisions" that are different requirements than those governing the approval of preliminary and final plats of subdivisions. However, counties and cities must include in their short plat regulations and procedures provisions for considering sidewalks and other planning features that assure safe walking conditions for students who walk to and from school.

(4) Regulations for subdivision approvals may require that the county or city make additional findings related to the public health, safety and general welfare to the specific listing above, such as protection of critical areas, conservation of natural resource lands, and affordable housing for all economic segments of the population.

(5) In drafting development regulations, "appropriate provisions" should be defined in a manner consistent with the requirements of other applicable laws and with any level of service standards or planning objectives established by the county or city for the facilities involved. The definition of "appropriate provisions" could also cover the timing within which the facilities involved should be available for use, requiring, for example, that such timing be consistent with the definition of "concurrency" in this chapter. See WAC 365-196-210.

History

Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 25-17-058, s 365-196-820, filed 8/15/25, effective 9/15/25
WSR 10-03-085, § 365-196-820, filed 1/19/10, effective 2/19/10.

Wash. Admin. Code § 365-196-825 Potable water.

(1) Each applicant for a building permit of a building needing potable water shall provide evidence of an adequate water supply for the intended use of the building. Local regulations should be designed to produce enough data to make such a determination, addressing both water quality and water quantity issues. RCW 19.27.097 provides that such evidence may be in the form of a water right permit from the department of ecology, a letter from an approved water purveyor stating the ability to provide water, or another form sufficient to verify the existence of an adequate water supply.

(2) Requirements under RCW 90.94.020 and 90.94.030 apply to counties and cities reviewing water adequacy for development.

(3) Counties and cities should give consideration to guidelines promulgated by the departments of ecology and health on what constitutes an adequate water supply.

The department of health regulates the maximum number of equivalent residential units (including each domestic unit within a multifamily development) that can be legally and physically served by each public water system. Each water system tracks the current number of available equivalent residential units.

(4) If the department of ecology has adopted rules on this subject, or any part of it, local regulations must be consistent with those rules. Such rules may include instream flow rules, which may limit the availability of additional ground or surface water within a specific geographic area.

(5) Counties and cities may impose conditions on building permits requiring connection to an existing public water system where the existing system is willing and able to provide safe and reliable potable water to the applicant with reasonable economy and efficiency.

History

Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 23-08-037, § 365-196-825, filed 3/29/23, effective 4/29/23
WSR 10-03-085, § 365-196-825, filed 1/19/10, effective 2/19/10.

Wash. Admin. Code § 365-196-830 Protection of critical areas.

(1) The act requires the designation of critical areas and the adoption of regulations for the protection of such areas by all counties and cities, including those that do not plan under RCW 36.70A.040. The department has adopted minimum guidelines in chapter 365-190 WAC detailing the process involved in establishing a program to protect critical areas.

(2) Critical areas that must be protected include the following areas and ecosystems:

(a) Wetlands;

(b) Areas of critical recharging effect on aquifers used for potable water;

(d) Frequently flooded areas; and

(e) Geologically hazardous areas.

(3) "Protection" in this context means preservation of the functions and values of the natural environment, or to safeguard the public from hazards to health and safety.

(4) Although counties and cities may protect critical areas in different ways or may allow some localized impacts to critical areas, or even the potential loss of some critical areas, development regulations must preserve the existing functions and values of critical areas. Avoidance is the most effective way to protect critical areas. If development regulations allow harm to critical areas, they must require compensatory mitigation of the harm. Development regulations may not allow a net loss of the functions and values of the ecosystem that includes the impacted or lost critical areas.

(5) Counties and cities must include the best available science in developing policies and development regulations to protect functions and values of critical areas. See chapter 365-195 WAC.

(6) Functions and values must be evaluated at a scale appropriate to the function being evaluated. Ecosystem functions and values operate on varying geographic scales ranging from site-specific to watershed and even regional scales. Some critical areas, such as wetlands and fish and wildlife habitat conservation areas, may constitute ecosystems or parts of ecosystems that transcend the boundaries of individual parcels and jurisdictions, so that protection of their function, and values should be considered on a larger scale.

(7) Protecting some critical areas may require using both regulatory and nonregulatory measures. When impacts to critical areas are from development beyond jurisdictional control, counties and cities are encouraged to use regional approaches to protect functions and values. It is especially important to use a regional approach when giving special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries. Conservation and protection measures may address land uses on any lands within a jurisdiction, and not only lands with designated critical areas.

(8) Local government may develop and implement alternative means of protecting critical areas from some activities using best management practices or a combination of regulatory and nonregulatory programs.

(a) When developing alternative means of protection, counties and cities must assure no net loss of functions and values and must include the best available science.

(b) Local governments must review and, if needed, revise their development regulations to assure the protection of critical areas where agricultural activities take place.

(d) Counties participating in the voluntary stewardship program must review and, if needed, revise their development regulations not governed by the voluntary stewardship program, except as provided in RCW 36.70A.130(8).

(9) In designing development regulations and nonregulatory programs to protect designated critical areas, counties and cities should endeavor to make such regulations and programs fit together with regional, state and federal programs directed to the same environmental, health, safety and welfare ends. Local plans and policies may in some respects be adequately implemented by adopting the provisions of such other programs as part of the local regulations.

History

Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 23-08-037, § 365-196-830, filed 3/29/23, effective 4/29/23
WSR 17-20-100, § 365-196-830, filed 10/4/17, effective 11/4/17
WSR 10-03-085, § 365-196-830, filed 1/19/10, effective 2/19/10.

Wash. Admin. Code § 365-196-832 Protection of critical areas and voluntary stewardship program.

(1) Upon approval of a watershed work plan, counties participating in the voluntary stewardship program pursuant to RCW 36.70A.710 are encouraged to reference and describe their participation in the program within their critical areas development regulations. Counties should ensure their development regulations are consistent with the approved watershed work plan.

(2) Prior to the approval of a work plan by the state conservation commission director, agricultural activities located in participating watersheds as defined in RCW 36.70A.703(5) are subject to existing development regulations that protect critical areas.

(3) After watershed work plan approval, protection of functions and values of critical areas from agricultural activities located in participating watersheds as defined in RCW 36.70A.703(5) is provided by the watershed work plan and any applicable development regulations. Agricultural activities located in nonparticipating watersheds are subject to applicable development regulations that protect critical areas.

(4) County responsibilities when withdrawing from the voluntary stewardship program. Counties that elect to protect critical areas through the voluntary stewardship program under RCW 36.70A.710 (1)(a) may withdraw a participating watershed from the program by adopting an ordinance or resolution withdrawing the watershed from the program. A county may withdraw a watershed from the program at the end of three years, five years or eight years after receipt of funding, or any time after ten years of funding. Watersheds withdrawn from the program are subject to RCW 36.70A.710 (7)(b).

Within eighteen months after withdrawing a participating watershed from the program, counties must review and, if needed, revise their development regulations that protect critical areas in that watershed as they specifically apply to agricultural activities. The development regulations must protect the critical area functions and values as they existed on July 22, 2011. During this interim period, counties must continue to protect critical areas in watersheds withdrawn from the program. The adopted ordinance or resolution used to withdraw participating watersheds must state how counties will continue to protect critical areas in watersheds withdrawn from the program. Counties have two options during the interim period:

(a) Adopt interim development regulations or revert to development regulations that were in place at the time of the watershed work plan approval; or

(b) Continue to implement the watershed work plan.

(5) County responsibilities when exiting the voluntary stewardship program. Watershed work plans that are not approved, fail, or are not funded are subject to RCW 36.70A.735(1).

Within eighteen months, counties must adopt one of the four options pursuant to RCW 36.70A.735(1). During this interim period, counties must continue to protect critical areas in areas used for agricultural activities. The four options include:

(a) Pursuant to RCW 36.70A.735 (1)(a) develop, adopt, and implement a watershed work plan approved by the state department of commerce that protects critical areas in areas used for agricultural activities while maintaining the viability of agriculture in the watershed.

(b) Pursuant to RCW 36.70A.735 (1)(b) adopt development regulations previously adopted by another local government to protect critical areas in areas used for agricultural activities. Counties may adopt another county's critical area development regulations, provided such regulations are from a region with similar agricultural activities, geography, and geology, and are from Clallam, Clark, King, or Whatcom counties at the time the voluntary stewardship program legislation was enacted, and have not been invalidated, or are from any county (including Clallam, Clark, King, or Whatcom) and have been upheld as adequately protective of critical areas functions and values in areas used for agricultural activities by the growth management hearings board or court after July 1, 2011.

(c) Pursuant to RCW 36.70A.735 (1)(c) adopt development regulations certified by the state department of commerce as protective of critical areas in areas used for agricultural activities.

(d) Pursuant to RCW 36.70A.735 (1)(d) review and, if needed, revise development regulations adopted to protect critical areas as they relate to agricultural activities.

History

Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 17-20-100, § 365-196-832, filed 10/4/17, effective 11/4/17.

Wash. Admin. Code § 365-196-835 Relocation assistance for low-income tenants.

(1) Any county or city required to plan under the act is authorized to require, after reasonable notice to the public and a public hearing, property owners to provide their portion of reasonable relocation assistance to low-income tenants displaced by certain changes to residential property. The changes include demolition, substantial rehabilitation (whether due to code enforcement or any other reason), change of use and removal of use restrictions in an assisted-housing development.

(2) As used in this section, "assisted housing development" means a multifamily rental housing development that either receives government assistance and is defined as federally assisted housing in RCW 59.28.020, or that receives other federal, state, or local government assistance and is subject to use restrictions.

(3) The regulations implementing the relocation assistance program shall be governed by the provisions of RCW 59.18.440.

(4) "Low-income tenants" means tenants whose combined total income per dwelling unit is at or below fifty percent of the median income, adjusted for family size, in the county where the tenants reside.

(5) For purposes of determining eligibility, the department must annually inform counties and cities of the appropriate dollar limits to use for median income, adjusted for family size, in different areas within the state. In deciding on these limits, the department will refer to the county-by-county family income figures published annually by the federal department of Housing and Urban Development. As soon as the federal figures become available each year, the department will review them and advise counties and cities promptly of the appropriate dollar limits and their effective dates.

History

Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 10-03-085, § 365-196-835, filed 1/19/10, effective 2/19/10.

Wash. Admin. Code § 365-196-840 Concurrency.

(1) Purpose.

(a) The purpose of concurrency is to assure that those public facilities and services necessary to support development are adequate to serve that development at the time it is available for occupancy and use, without decreasing service levels below locally established minimum standards.

(b) Concurrency describes the situation in which adequate facilities are available when the impacts of development occur, or within a specified time thereafter. Concurrency ensures consistency in land use approval and the development of adequate public facilities as plans are implemented, and it prevents development that is inconsistent with the public facilities necessary to support the development.

(c) With respect to facilities other than transportation facilities counties and cities may fashion their own regulatory responses and are not limited to imposing moratoria on development during periods when concurrency is not maintained.

(2) Determining the public facilities subject to concurrency. Concurrency is required for locally owned transportation facilities and for transportation facilities of statewide significance that serve counties consisting of islands whose only connection to the mainland are state highways or ferry routes. Counties and cities may adopt a concurrency mechanism for other facilities that are deemed necessary for development. See WAC 365-196-415(6).

(3) Establishing an appropriate level of service.

(a) The concept of concurrency is based on the maintenance of specified levels of service with respect to each of the public facilities to which concurrency applies. For all such facilities, counties and cities should designate appropriate levels of service.

(b) Level of service is typically set in the capital facilities element or the transportation element of the comprehensive plan. The level of service is used as a basis for developing the transportation and capital facilities plans.

(c) Counties and cities should set level of service to reflect realistic expectations consistent with the achievement of growth aims. Setting levels of service too high could, under some regulatory strategies, result in no growth. As a deliberate policy, this would be contrary to the act.

(d) Counties and cities should coordinate with and reach agreements with other affected purveyors or service providers when establishing level of service standards for facilities or services provided by others.

(e) The level of service standards adopted by the county or city should vary based on the urban or rural character of the surrounding area and should be consistent with the land use plan and policies. The county or city should also balance the desired community character, funding capacity, and traveler expectations when adopting levels of service for transportation facilities. For example a plan that calls for a safe pedestrian environment that promotes walking or one that promotes development of a bike system so that biking trips can be substituted for auto trips may suggest using a level of service that includes measures of the pedestrian environment.

(f) For transportation facilities, level of service standards for locally owned arterials and transit routes should be regionally coordinated. In some cases, this may mean less emphasis on peak-hour automobile capacity, for example, and more emphasis on other transportation priorities. Levels of service for highways of statewide significance are set by the Washington state department of transportation. For other state highways, levels of service are set in the regional transportation plan developed under RCW 47.80.030. Local levels of service for state highways should conform to the state and regionally adopted standards found in the statewide multimodal transportation plan and regional transportation plans. Other transportation facilities, however, may reflect local priorities.

(4) Measurement methodologies.

(a) Depending on how a county or city balances these factors and the characteristics of travel in their community, a county or city may select different ways to measure travel performance. For example, counties and cities may measure performance at different times of day, week, or month (peak versus off-peak, weekday versus weekend, summer versus winter). A city or county may choose to focus on the total multimodal supply of infrastructure available for use during a peak or off-peak period. Counties and cities may also measure performance at different geographic scales (intersections, road or route segments, travel corridors, or travel zones or measure multimodal mobility within a district).

(b) In urban areas, the department recommends counties and cities adopt methodologies that analyze the transportation system from a comprehensive, multimodal perspective, as authorized by RCW 36.70A.108. Multimodal level of service methodologies and standards should consider the needs of travelers using the four major modes of travel (auto, public transportation, bicycle, and pedestrian), their impacts on each other as they share the street or intersection, and their mode specific requirements for street and intersection design and operation.

(c) Although level of service standards and measurement methodologies are interrelated, changes in methodology, even if they have an incidental effect on the resulting level of service for a particular facility, are not necessarily a change in the level of service standard.

(5) Concurrency regulations.

(a) Each planning jurisdiction should produce a regulation or series of regulations which govern the operation of that jurisdiction's concurrency management system. This regulatory scheme will set forth the procedures and processes to be used to determine whether relevant public facilities have adequate capacity to accommodate a proposed development. In addition, the scheme should identify the responses to be taken when it is determined that capacity is not adequate to accommodate a proposal. Relevant public facilities for these purposes are those to which concurrency applies under the comprehensive plan. Adequate capacity refers to the maintenance of concurrency.

(b) Compliance with applicable environmental requirements, such as ambient air quality standards or water quality standards, should have been built into the determination of the facility capacities needed to accommodate anticipated growth.

(c) The variations possible in designing a concurrency management system are many. However, such a system could include the following features:

(i) Capacity monitoring - a process for collecting and maintaining real world data on use for comparison with evolving public facility capacities in order to show at any moment how much of the capacity of public facilities is being used;

(ii) Capacity allocation procedures - a process for determining whether proposed new development can be accommodated within the existing or programmed capacity of public facilities. This can include preassigning amounts of capacity to specific zones, corridors or areas on the basis of planned growth. For any individual development this may involve:

(A) A determination of anticipated total capacity at the time the impacts of development occur.

(B) Calculation of how much of the total capacity will be used by existing developments and other planned developments at the time the impacts of development occur. If a local government does not require a concurrency certification or exempts small projects from the normal concurrency process, it should still calculate the capacity used and subtract that from the capacity available.

(D) Calculation of the impact on capacity of the proposed development, minus the effects of any mitigation provided by the applicant. (Standardized smaller developments can be analyzed based on predetermined capacity impact values.)

(E) Comparison of available capacity with project impact. For any project that places demands on public facilities, counties and cities must determine if levels of service will fall below locally established minimum standards.

(iii) Provisions for reserving capacity - A process of prioritizing the allocation of capacity to proposed developments. This process might include one of the following alternatives:

(A) Setting aside a block or blocks of available or anticipated capacity for specified types of development fulfilling an identified public interest;

(B) Adopting a first-come, first-served system of allocation, dedicating capacity to applications in the order received; or

(C) Adopting a preference system giving certain categories or specified types of development preference over others in the allocation of available capacity.

(6) Regulatory response to the absence of concurrency. The comprehensive plan should provide a strategy for responding when approval of any particular development would cause levels of service for concurrency to fall below the locally adopted standards. To the extent that any jurisdiction uses denial of development as its regulatory response to the absence of concurrency, consideration should be given to defining this as an emergency for the purposes of the ability to amend or revise the comprehensive plan.

(a) In the case of transportation, an ordinance must 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 improvements or strategies to accommodate the impacts of development are made concurrent with the development.

(i) These strategies may include increased public transportation service, ride sharing programs, demand management, and other transportation systems management strategies.

(ii) "Concurrent with development" means that improvements or strategies are in place at the time of development, or that a financial commitment is in place to complete the improvements or strategies within six years.

(b) If the proposed development is consistent with the land use element, relevant levels of service should be reevaluated.

(i) Development of a system of deferrals, approving proposed developments in advance but deferring authority to construct until adequate public facilities become available at the location in question. Such a system should conform to and help to implement the growth phasing schedule contemplated in the land use and capital facilities elements of the plan.

(ii) Conditional approval through which the developer agrees to mitigate the impacts.

(iii) Denial of the development, subject to resubmission when adequate public facilities are made available.

(iv) Redesign of the project or implementation of demand management strategies to reduce trip generation to a level that is within the available capacity of the system.

(v) Transportation system management measures to increase the capacity of the transportation system.

(7) Form, timing and duration of concurrency approvals. The system should include provisions for how to show that a project has met the concurrency requirement, whether as part of another approval document (e.g., permit, platting decisions, planned unit development) or as a separate certificate of concurrency, possibly a transferable document. This choice, of necessity, involves determining when in the approval process the concurrency issue is evaluated and decided. Approvals, however made, should specify the length of time that a concurrency determination will remain effective, including requirements for development progress necessary to maintain approval.

(8) Provisions for interjurisdictional coordination - SEPA consistency. Counties and cities should consider integrating SEPA compliance on the project-specific level with the case-by-case process for concurrency management.

History

Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 25-17-058, s 365-196-840, filed 8/15/25, effective 9/15/25
WSR 10-03-085, § 365-196-840, filed 1/19/10, effective 2/19/10.

Wash. Admin. Code § 365-196-845 Local project review and development agreements.

(1) Counties and cities planning under the act are required to adopt procedures for fair and timely review of project permits under RCW 36.70B.020(4), such as subdivisions, binding site plans, planned unit developments, conditional uses, site-specific rezones which do not require a comprehensive plan amendment and other permits or other land use actions. The project permitting procedures implement goal seven of the act. Under RCW 36.70A.020(7), applications for both state and local government permits should be processed in a timely and fair manner.

(2) Consolidated permit review process.

(a) Counties and cities must adopt a permit review process that provides for consolidated review of all permits necessary for a proposed project action. The permit review process must provide for the following:

(i) A consolidated project coordinator for a consolidated project permit application;

(ii) A consolidated determination of completeness;

(iii) A consolidated notice of application;

(iv) A consolidated set of hearings; and

(v) A consolidated notice of final decision that includes all project permits reviewed through the consolidated permit review process.

(b) The many different types of permits administered by counties and cities can generally be grouped into project permit categories, for example:

(i) Permits that do not require environmental review or public notice, and may be administratively approved;

(ii) Permits that require environmental review, but do not require a public hearing; and

(iii) Permits that require environmental review and/or a public hearing, and may provide for a closed record appeal.

(i) Requirements for a complete application;

(ii) How the county or city will provide notice of application;

(iii) Who makes the final decision;

(iv) How long local project review is likely to take;

(v) What fees and charges will apply, and when an applicant must pay fees and charges;

(vi) How to appeal the decision;

(vii) Whether a preapplication conference is required;

(viii) A determination of consistency; and

(ix) Requirements for provision of notice of decision.

(d) A project permit applicant may apply for individual permits separately.

(3) Counties and cities may, by ordinance or resolution, exclude some permit types from these procedures. Excluded permit types may include:

(a) Actions relating to the use of public areas or facilities such as landmark designations or street vacations;

(b) Actions categorically exempt from environmental review, or for which environmental review has already been completed, such as lot line or boundary adjustments, and building and other construction permits, or similar administrative approvals; or

(4) Project permits may, by ordinance or resolution, exclude some permit types from time periods for approval.

(5) Interior alteration is defined as construction activities that do not modify the existing site layout or its current use and involve no exterior work adding to the building footprint.

(a) Counties and cities must exclude project permits for interior alterations from site plan review if the criteria in RCW 36.70B.140(3) are met.

(b) Interior alterations must still comply with applicable building, mechanical, plumbing, or electrical codes.

(6) RCW 36.70A.470 prohibits project review conducted under chapter 36.70B RCW from being used as a comprehensive planning process. Except when considering an application for a major industrial development under RCW 36.70A.365, counties and cities may not consolidate project permit review with review of proposals to amend the comprehensive plan, even if the comprehensive plan amendment is site-specific. Counties and cities may not combine a project permit application with an area-wide rezone or a text amendment to the development regulations, even if proposed along with a project permit application.

(7) Consolidated project coordinator.

(a) Counties and cities should appoint a single project coordinator for each consolidated project permit application.

(b) Counties and cities should require the applicant for a project permit to designate a single person or entity to receive determinations and notices about a project permit application as authorized by RCW 36.70A.100.

(8) Determination of complete application.

(a) A project permit application is complete for the purposes of this section when it meets the county or city procedural submission requirements and is sufficient for continued processing, even if additional information is required, or if the project is subsequently modified.

(b) The development regulations must specify, for each type of permit application, what information a permit application must contain to be considered complete. This may vary based on the type of permit.

(c) For more complex projects, counties and cities are encouraged to use preapplication meetings to clarify the project action and local government permitting requirements and review procedures. Counties and cities may require a preapplication conference.

(d) Within 28 days of receiving a project permit application, counties and cities must provide to the applicant a written determination that must state either:

(i) The application is complete; or

(ii) The application is incomplete and that the procedural submission requirements of the local government have not been met. The determination shall outline what is necessary to make the application procedurally complete.

(iii) The number of days shall be calculated by counting every calendar day.

(e) A project permit application is complete when it meets the procedural submission requirements of the local government as outlined in the project permit application. Additional information or studies may be required or project modifications may be undertaken subsequent to the procedural review of the application by the local government.

(f) The determination of completeness shall not preclude the local government from requesting additional information or studies either at the time of the notice of completeness or subsequently if new information is required or substantial changes in the proposed action occur. However, if the procedural submission requirements, as outlined on the project permit application have been provided, the need for additional information or studies may not preclude a completeness determination.

(g) The application is deemed procedurally complete on the 29th day after receiving a project permit application if the county or city does not provide the applicant with a written determination that the application is procedurally incomplete. The local government may still seek additional information or studies when a written determination is not provided.

(h) The determination of completeness may include or be combined with a preliminary determination of consistency, a preliminary determination of development regulations that will be used for project mitigation, the notice of application pursuant to RCW 36.70B.110 or other information the local government chooses to include.

(i) A determination of completeness or a request for more information necessary for a complete application is required within 14 days of the applicant providing additional requested information.

(j) A notice of application shall be provided within 14 days after the determination of completeness. If the project permit requires an open record predecision hearing, the county or city must provide the notice of application at least 15 days before the open record hearing.

(9) Notice of application. The notice of application shall be provided to the public and the departments and agencies with jurisdiction over the project permit application.

(a) The notice of application must include:

(i) The date of application, the date of the notice of completion, and the date of the notice of application;

(ii) A description of the proposed project action, a list of the project permits included in the application and a list of any required studies;

(iii) The identification of other permits not included in the application that the proposed project may require, to the extent known by the county or city;

(iv) The identification of existing environmental documents that evaluate the proposed project;

(v) The location where the application and any studies can be reviewed;

(vi) A preliminary determination, if one has been made at the time of notice, of which development regulations will be used for project mitigation and of project consistency as provided in RCW 36.70B.040 and chapter 365-197 WAC;

(vii) Any other information determined appropriate by the local government;

(viii) A statement of the public comment period, which shall not be less than 14 days or more than 30 days, following the date of the notice of application. The statement must explain the following:

(A) A statement of the right of any person to comment on the application;

(B) How to comment on the application;

(D) How to request and obtain a copy of the decision once made; and

(E) Any rights to appeal the decision.

(ix) If the project requires a hearing or hearings, and they have been scheduled by the date of the notice of application, then the notice must specify the date, time, place, and type of any hearings required for the project.

(10) How to provide notice of application.

(a) A county or city may provide notice using reasonable methods for different types of project actions or categories of project permits.

(b) Project review procedures should specify, as minimum requirements, how to provide notice for each type of permit. Counties and cities may use a variety of methods for providing notice. However, if the local government does not specify how it will provide public notice, it shall use the methods specified in RCW 36.70B.110 (4)(a) and (b). Examples of reasonable methods of providing notice are:

(i) Posting notice at the property for site-specific proposals;

(ii) Publishing notice in written media such as in the newspaper of general circulation in the general area where the proposal is located, in appropriate regional or neighborhood newspapers, trade journals, agency newsletters or sending notice to agency mailing lists, either general lists or lists for specific proposals or subject areas, or in a local land use newsletter published by the local government;

(iii) Notifying public or private groups with known interest in a certain proposal or in the type of proposal being considered;

(iv) Notifying the news media;

(v) Mailing to neighboring property owners;

(vi) Posting the application and other documentation using electronic media such as an email and a website.

(11) The notice of application comment period.

(a) Must be at least 14 days and no more than 30 days from the date of notice of application.

(b) A county or city may accept public comments:

(i) Any time before the record closes for an open record predecision hearing; and

(ii) Any time before the decision on the project permit if no open record predecision hearing is provided.

(12) Project review timelines.

(a) Counties and cities must establish and implement a permit process time frame for review of each type of project permit application, and for consolidated permit applications, and must provide timely and predictable procedures for review. The time periods for county or city review of each type of complete application should not exceed those specified in this section.

(b) County and city development regulations must, for each type of project permit application, specify contents for a complete application necessary to determine compliance with time periods and procedures.

(c) Counties and cities may exclude certain project permit types and timelines for processing permit applications as provided for in RCW 36.70B.140.

(d) Time periods for local government action to issue a final decision for each type of complete project permit application or project type should not exceed the following timelines:

(i) For project permits which do not require a notice of application (under RCW 36.70B.110): 65 days from determination of completeness;

(ii) For project permits which require public notice (under RCW 36.70B.110): 100 days from the determination of completeness;

(iii) For project permits which require public notice (under RCW 36.70B.110) and a public hearing: 170 days from the determination of completeness.

(e) Counties and cities may add permit types not identified, change permit names or type in each category, address how consolidated review times may be different than permits submitted individually and provide for how projects of a certain size or type may be differentiated, including differentiating between residential and nonresidential permits. For projects subject to consolidated review the final decision shall be subject to the longest applicable permit time period identified in (d)(i),(ii), and (iii) of this subsection, or to a longer time period if the time periods have been amended by the local government.

(f) If a local government does not adopt an ordinance or resolution modifying the timelines for final decisions, then the time periods in (d)(i),(ii), and (iii) of this subsection apply.

(g) The number of days an application is in review with the county or city shall be calculated from the day completeness is determined to the date a final decision is issued on the project permit application. The number of days shall be calculated by counting every calendar day and excluding the following time periods:

(i) Any period between the day that the county or city has notified the applicant, in writing, that additional information is required to further process the application and the day when responsive information is resubmitted by the applicant;

(ii) Any period after an applicant informs the local government, in writing, that they would like to temporarily suspend review of the project permit application until the time that the applicant notifies the local government, in writing, that they would like to resume the application. A local government may set conditions for the temporary suspension of a permit application; and

(iii) Any period after an administrative appeal is filed until the administrative appeal is resolved and any additional time period provided by the administrative appeal has expired.

(h) The time periods for a local government to process a permit shall start over if an applicant proposes a change in use that adds or removes commercial or residential elements from the original application that would make the application fail to meet the determination of procedural completeness for the new use.

(i) If, at any time, an applicant informs the local government, in writing, that the applicant would like to temporarily suspend the review of the project for more than 60 days, or if an applicant is not responsive for more than 60 consecutive days after the county or city has notified the applicant, in writing, that additional information is required to further process the application, an additional 30 days may be added to the time periods for local government action to issue a final decision for each type of project permit subject to this section.

(j) Any written notice from the local government to the applicant that additional information is required to further process the application must include a notice that nonresponsiveness for 60 consecutive days may result in 30 days being added to the time for review.

(k) For the purposes of this subsection, "nonresponsiveness" means that an applicant is not making demonstrable progress on providing additional requested information to the local government, or that there is no ongoing communication from the applicant to the local government on the applicant's ability or willingness to provide the additional information.

(l) Annual amendments to the comprehensive plan are not subject to the requirements of this section.

(m) A county or city adoption of a resolution or ordinance to implement this subsection shall not be subject to appeal under chapter 36.70A RCW unless the resolution or ordinance modifies the time periods by providing for a review period of more than 170 days for any project permit.

(n) When permit time periods, as may be amended or extended, are not met, a portion of the permit fee must be refunded to the applicant as provided in this subsection.

(i) A local government may provide for the collection of only 80 percent of a permit fee initially, and for the collection of the remaining balance if the permitting time periods are met.

(ii) The portion of the fee refunded for missing time periods shall be:

(A) Ten percent if the final decision of the project permit application was made after the applicable deadline but the period from the passage of the deadline to the time of issuance of the final decision did not exceed 20 percent of the original time period; or

(B) Twenty percent if the period from the passage of the deadline to the time of the issuance of the final decision exceeded 20 percent of the original time period.

(iii) Except as provided in RCW 36.70B.160, the provisions in (n) of this subsection are not applicable to counties and cities which have implemented at least three of the options in RCW 36.70B.160 (1)(a) through (j) (section 8, chapter 338, Law of 2023) at the time an application is deemed procedurally complete.

(13) Hearings. Where multiple permits are required for a single project, counties and cities must allow for consolidated permit review as provided in RCW 36.70B.120(1). Counties and cities must determine which project permits require hearings. If hearings are required for certain permit categories, then the review process must provide for no more than one consolidated open record hearing and one closed record appeal. An open record appeal hearing is only allowed for permits in which no open record hearing is provided prior to the decision. Counties and cities may combine an open record hearing on one or more permits with an open record appeal hearing on other permits. Hearings may be combined with hearings required for state, federal, or other permits hearings provided that the hearing is held within the geographic boundary of the local government and the state or federal agency is not expressly prohibited by statute from doing so.

(14) Project permit decisions. A county or city may provide for the same or a different decision maker, hearing body, or officer for different categories of project permits. The consolidated permit review process must specify which decision maker must make the decision or recommendation, conduct any required hearings or decide an appeal to ensure that consolidated permit review occurs as provided in this section.

(15) Notice of decision.

(a) The notice of decision must include the following:

(i) A statement of any SEPA threshold determination;

(ii) An explanation of how to file an administrative appeal (if provided) of the decision; and

(iii) A statement that the affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation.

(b) The notice of decision should also include:

(i) Any findings on which the final decision was based;

(ii) Any conditions of permit approval conditions or required mitigation; and

(iii) The permit expiration date, where applicable.

(c) Notice of decision may be in the form of a copy of the report or decision on the project permit application, provided it meets the minimum requirements for a notice of decision.

(d) How to provide notice of decision. A local government may provide notice in different ways for different types of project permits depending on the size and scope of the project and the types of permit approval included in the project permit. Project review procedures should specify as minimum requirements, how to provide notice for each type of permit. Examples of reasonable methods of providing notice of decision are:

(i) Posting the property for site-specific proposals;

(iii) Notifying public or private groups with known interest in a certain proposal or in the type of proposal being considered;

(iv) Notifying the news media;

(v) Mailing to neighboring property owners;

(vi) Providing notice and posting the application, decision, and other documentation using electronic media such as email and a website;

(vii) Placing notices in appropriate regional or neighborhood newspapers or trade journals; or

(viii) Publishing notices in agency newsletters or sending notice to agency mailing lists, either general lists or lists for specific proposals or subject areas.

(e) Counties and cities must provide a notice of decision to the following:

(i) The project applicant;

(ii) Any person who requested notice of decision;

(iii) Any person who submitted substantive comments on the application; and

(iv) The county assessor's office of the county or counties in which the property is situated.

(16) Appeals. A county or city is not required to provide for administrative appeals for project permit decisions. However, where appeals are provided, procedures should allow for no more than one consolidated open record hearing, if not already held, and one closed-record appeal. Provisions should ensure that appeals are to be filed within 14 days after the notice of final decision and may be extended to 21 days to allow for appeals filed under chapter 43.21C RCW.

(17) Monitoring permit decisions. Each county and city shall adopt procedures to monitor and enforce permit decisions and conditions such as periodic review of permit provisions, inspections, and bonding provisions.

(18) A county or city is not prohibited from extending a deadline for issuing a decision for a specific project permit application for any reasonable period of time mutually agreed upon by the applicant and the county or city.

(19) Counties and cities are encouraged to adopt further project review and code provisions to provide prompt, coordinated review and ensure accountability to applicants and the public with actions that:

(a) Expedite review for project permit applications for projects that are consistent with adopted development regulations;

(b) Impose reasonable fees, consistent with RCW 82.02.020, on applicants for permits or other governmental approvals to cover the cost to the city, town, county, or other municipal corporation of processing applications, inspecting and reviewing plans, or preparing detailed statements required by chapter 43.21C RCW. The fees imposed may not include a fee for the cost of processing administrative appeals. Nothing in this subsection limits the ability of a county or city to impose a fee for the processing of administrative appeals as otherwise authorized by law;

(d) Maintain and budget for on-call permitting assistance for when permit volumes or staffing levels change rapidly;

(e) Budget new positions contingent on increased permit revenue;

(f) Adopt development regulations which only require public hearings for permit applications that are required to have a public hearing by statute;

(g) Adopt development regulations which make preapplication meetings optional rather than a requirement of permit application submittal;

(h) Adopt development regulations which make housing types an outright permitted use in all zones where the housing type is permitted;

(i) Adopt a program to allow for outside professionals with appropriate professional licenses to certify components of applications consistent with their license; or

(j) Meet with the applicant to attempt to resolve outstanding issues during the review process. The meeting must be scheduled within 14 days of a second request for corrections during permit review. If the meeting cannot resolve the issues and a local government proceeds with a third request for additional information or corrections, the local government must approve or deny the application upon receiving the additional information or corrections.

(20) Adoption of additional measures.

(a) After January 1, 2026, a county or city must adopt additional measures under subsection (19) of this section at the time of its next comprehensive plan update under RCW 36.70A.130 if it meets the following conditions:

(i) The county or city has adopted at least three project review and code provisions under subsection (19) of this section more than five years prior; and

(ii) The county or city is not meeting the permitting deadlines established in RCW 36.70B.080 at least half of the time over the period since its most recent comprehensive plan update under RCW 36.70A.130.

(b) A county or city that is required to adopt new measures under (a) of this subsection but fails to do so becomes subject to the provisions of RCW 36.70B.080 (1)(l), notwithstanding RCW 36.70B.080 (1)(l)(ii).

(21) Code interpretation. Project permitting procedures must include adopted procedures for administrative interpretation of development regulations.

(22) Development agreements. Counties and cities are authorized by RCW 36.70B.170(1) to enter into voluntary contractual agreements to govern the development of land and the issuance of project permits. These are referred to as development agreements.

(a) Purpose. The purpose of development agreements is to allow a county or city and a property owner/developer to enter into an agreement regarding the applicable regulations, standards, and mitigation that apply to a specific development project after the development agreement is executed.

(i) If the development regulations allow some discretion in how those regulations apply or what mitigation is necessary, the development agreement specifies how the county or city will use that discretion. Development agreements allow counties and cities to combine an agreement on the exercise of their police power with the exercise of their powers to enter contracts.

(ii) Development agreements must be consistent with applicable development regulations adopted by a county or city. Development agreements do not provide means of waiving or amending development regulations that would otherwise apply to a project.

(iii) Counties and cities may not use development agreements to impose impact fees, inspection fees, or dedications, or require any other financial contribution or mitigation measures except as otherwise expressly authorized, and consistent with the applicable development regulations.

(b) Parties to the development agreement. The development agreement must include, as a party to the agreement, the person who owns or controls the land subject to the agreement. Development agreements may also include others, including other agencies with permitting authority or service providers. Counties and cities may enter into development agreements outside of their boundaries if the agreement is part of a proposed annexation or service agreement.

(c) Content of a development agreement. The development agreement must set forth the development standards and other provisions that apply to, govern, and vest the development, use, and mitigation of the development of the real property for the duration of the agreement. These may include, but are not limited to:

(i) Project elements such as permitted uses, residential densities, and intensity of commercial or industrial land uses and building sizes;

(ii) The amount and payment of fees imposed or agreed to in accordance with any applicable laws or rules in effect at the time, any reimbursement provisions, other financial contributions by the property owner, inspection fees, or dedications;

(iii) Mitigation measures, development conditions, and other requirements under chapter 43.21C RCW;

(iv) Design standards such as maximum heights, setbacks, drainage and water quality requirements, landscaping, and other development features;

(v) Affordable housing;

(vi) Parks and open space preservation;

(vii) Phasing;

(viii) Review procedures and standards of implementing decisions;

(ix) A build-out or vesting period for applicable standards; and

(x) Any other appropriate development requirement or procedure.

(d) The effect of development agreements. Development agreements may exercise a county or city authority to issue permits or its contracting authority. Once executed, development agreements are binding between the parties and their successors, including a city that assumes jurisdiction through incorporation or annexation of the area covering the property covered by the development agreement. The agreement grants vesting rights to the proposed development consistent with the development regulations in existence at the time of execution of the agreement. A permit approval issued by the county or city after the execution of the development agreement must be consistent with the development agreement. A development agreement may obligate a party to fund or provide services, infrastructure, or other facilities. A development agreement may not obligate a county or city to adopt subsequent amendments to their comprehensive plans or development regulations, or otherwise delegate legislative powers. Any such amendments must still be adopted by the legislative body following all applicable procedural requirements.

(e) A development agreement must reserve authority to impose new or different regulations to the extent required by a serious threat to public health and safety.

(f) Procedures.

(i) These procedural requirements are in addition to and supplemental to the procedural requirements necessary for any actions, such as rezones, street vacations or annexations, called for in a development agreement. Development agreements may not be used to bypass any procedural requirements that would otherwise apply. Counties and cities may combine hearings, analyses, or reports provided the process meets all applicable procedural requirements;

(ii) Only the county or city legislative authority may approve a development agreement;

(iii) A county or city must hold a public hearing prior to executing a development agreement. The public hearing may be conducted by the county or city legislative body, planning commission or hearing examiner, or other body designated by the legislative body to conduct the public hearing; and

(iv) A development agreement must be recorded in the county where the property is located.

(23) Nothing in RCW 36.70B.080 prohibits a county or city from extending a deadline for issuing a decision for a specific project permit application for any reasonable period of time mutually agreed upon by the applicant and the local government.

History

Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 25-17-058, s 365-196-845, filed 8/15/25, effective 9/15/25
WSR 10-03-085, § 365-196-845, filed 1/19/10, effective 2/19/10.

Wash. Admin. Code § 365-196-846 Additional project review encouraged.

(1) Counties and cities are encouraged to adopt further project review provisions to provide prompt, coordinated, and objective review and ensure accountability to applicants and the public, including expedited review for project permit applications for projects that are consistent with adopted development regulations or that include dwelling units that are affordable to low-income or moderate-income households and within the capacity of systemwide infrastructure improvements.

(2) Nothing in chapter 36.70B RCW is intended or shall be construed to prevent counties and cities from requiring a preapplication conference or a public meeting by rule, ordinance, or resolution, where otherwise required by applicable state law.

(3) Each county and city shall adopt procedures to monitor and enforce permit decisions and conditions.

(a) Permit decision monitoring procedures referenced in RCW 36.70B.160 should include, but not be limited to:

(i) Use of a permit software system, if possible, to provide reminders to notify staff and the applicant of:

(A) Status of permit processing timelines;

(B) Pending permit expiration dates;

(D) Time frames for financial guarantees and release of financial guarantees.

(b) The enforcement procedures referenced in RCW 36.70B.160 for each permit should include, but not be limited to:

(i) Timelines for compliance upon issuance of a formal compliance order;

(ii) Penalties for lack of compliance;

(iii) Timelines for filing an appeal, including the applicable appeal body;

(iv) Identification of which county or city official has authority to issue enforcement notices for specific permit types.

(4) Nothing in chapter 36.70B RCW modifies any independent statutory authority for a government agency to appeal a project permit issued by a local government.

(5) For the purposes of this section:

(a) A dwelling unit is affordable if it requires payment of monthly housing costs, including utilities other than telephone, of no more than 30 percent of the family's income.

(b) The definitions of "dwelling unit," "low-income household" and "moderate-income household" as used in this section shall be as provided for in RCW 36.70B.160.

History

Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 25-17-058, s 365-196-846, filed 8/15/25, effective 9/15/25.

Wash. Admin. Code § 365-196-847 Additional project review encouraged—Additional measures for certain jurisdictions.

(1) Counties and cities are encouraged to adopt further project review and code provisions to provide prompt, coordinated review and ensure accountability to applicants and the public by:

(a) Expediting review for project permit applications for projects that are consistent with adopted development regulations;

(b) Imposing reasonable fees, consistent with RCW 82.02.020, on applicants for permits or other governmental approvals to cover the cost to the city, town, county, or other municipal corporation of processing applications, inspecting and reviewing plans, or preparing detailed statements required by chapter 43.21C RCW.

(i) The fees imposed may not include a fee for the cost of processing administrative appeals.

(ii) Nothing in this subsection limits the ability of a county or city to impose a fee for the processing of administrative appeals as otherwise authorized by law.

(d) Maintaining and budgeting for on-call permitting assistance for when permit volumes or staffing levels change rapidly;

(e) Having new positions budgeted that are contingent on increased permit revenue;

(f) Adopting development regulations which only require public hearings for permit applications that are required to have a public hearing by statute;

(g) Adopting development regulations which make preapplication meetings optional rather than a requirement of permit application submittal;

(h) Adopting development regulations which make housing types an outright permitted use in all zones where the housing type is permitted;

(i) Adopting a program to allow for outside professionals with appropriate professional licenses to certify components of applications consistent with their license; or

(j) Meeting with the applicant to attempt to resolve outstanding issues during the review process.

(i) The meeting must be scheduled within 14 days of a second request for corrections during permit review.

(ii) If the meeting cannot resolve the issues and a county or city proceeds with a third request for additional information or corrections, then the county or city must approve or deny the application upon receiving the additional information or corrections.

(2)(a) After January 1, 2026, a county or city must adopt additional measures under subsection (1) of this section at the time of its next comprehensive plan update under RCW 36.70A.130 if it meets the following conditions:

(i) The county or city has adopted at least three project review and code provisions under subsection (1) of this section more than five years prior; and

(3) Nothing in chapter 36.70B RCW is intended or shall be construed to prevent a county or city from requiring a preapplication conference or a public meeting by rule, ordinance, or resolution.

(4) Each county or city shall adopt procedures to monitor and enforce permit decisions and conditions.

(a) Permit decision monitoring procedures should include, but not be limited to:

(i) Use of a permit software system, if possible, to provide reminders to notify staff and the applicant of:

(A) Status of permit timelines;

(B) Pending permit expiration dates;

(D) Time frames for financial guarantees and release of financial guarantees.

(b) The enforcement procedures for each permit should include, but not be limited to:

(i) Timelines for compliance upon issuance of a formal compliance order;

(ii) Penalties for lack of compliance;

(iii) Timelines for filing an appeal, including the applicable appeal body;

(iv) Identification of which county or city official has authority to issue enforcement notices for specific permit types.

(5) Nothing in chapter 36.70B RCW modifies any independent statutory authority for a government agency to appeal a project permit issued by a local government.

History

Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 25-17-058, s 365-196-847, filed 8/15/25, effective 9/15/25.

Wash. Admin. Code § 365-196-848 Reporting requirements.

(1)(a) Counties subject to the requirements of RCW 36.70A.215 and the cities within those counties that have populations of at least 20,000 must, for each type of permit application:

(i) Identify the total number of project permit applications for which decisions are issued according to the provisions of chapter 36.70B RCW;

(ii) For identified project permit applications, establish and implement a deadline for issuing a notice of final decision as required by RCW 36.70B.080(1) and minimum requirements for applications to be deemed complete under RCW 36.70B.070 as required by RCW 36.70B.080(1).

(b) Counties and cities subject to the requirements in RCW 36.70B.080(2) must also prepare an annual performance report that includes information outlining time periods for certain permit types associated with housing. The report must provide:

(i) Permit time periods for certain permit processes in the county or city in relation to those established under RCW 36.70B.080, including whether the county or city has established shorter time periods than those identified in RCW 36.70B.080;

(ii) The total number of decisions issued during the year for the following permit types:

(A) Preliminary subdivisions;

(B) Final subdivisions;

(D) Permit processes associated with the approval of multifamily housing; and

(E) Construction plan review for each of the permit types in subsection (1)(b)(ii)(A) through (D) of this section when submitted separately;

(iii) The total number of decisions for each permit type which included consolidated project permit review, such as concurrent review of a rezone or construction plans;

(iv) The average number of days from a submittal to a decision being issued for the project permit types listed in RCW 36.70B.080 (2)(b)(ii). This shall be calculated from the day completeness is determined under RCW 36.70B.070 to the date a decision is issued on the application. The number of days shall be calculated by counting every calendar day;

(v) The total number of days each project permit application of a type listed in RCW 36.70B.080 (2)(b)(ii) was in review with the county or city. This shall be calculated from the day completeness is determined under RCW 36.70B.070 to the date a final decision is issued on the application. The number of days shall be calculated by counting every calendar day. The days the application is in review with the county or city does not include the time periods in RCW 36.70B.080 (1)(g)(i), (ii), and (iii);

(vi) The total number of days that were excluded from the time period calculation under RCW 36.70B.080 (1)(g)(i), (ii), and (iii) for each project permit application of a type listed in RCW 36.70B.080 (2)(b)(ii).

(2) Counties and cities subject to the requirements of this subsection must:

(a) Post the annual performance report on the county or city website;

(b) Submit the annual performance report to the department by March 1st each year; and

(c) Submit the initial annual report required under this subsection to the department by March 1, 2025, and must include information from permitting in 2024.

History

Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 25-17-058, s 365-196-848, filed 8/15/25, effective 9/15/25.

Wash. Admin. Code § 365-196-849 Streamlined design review.

(1) Design review is a local government process adopted by ordinance by which projects are reviewed for compliance with design standards for the type of use.

(2) Design review process:

(a) Must be conducted concurrently, or otherwise logically integrated, with the consolidated review and decision process for project permits set forth in RCW 36.70B.120(3);

(b) May include no more than one public meeting. Continuation of a public meeting for the purposes of design review should be discouraged.

(3) Clear and objective development regulations.

(a) Counties and cities may apply in any design review process only clear and objective development regulations governing the exterior design of new development. For the design review process, a clear and objective development regulation:

(i) Must include one or more ascertainable guideline, standard, or criterion by which an applicant can determine whether a given building design is permissible under that development regulation; and

(ii) May not result in a reduction in density, height, bulk, or scale below the generally applicable development regulations for a development proposal in the applicable zone.

(b) Exterior design:

(i) Exterior design of new development may include the exterior of the building(s) including, but not limited to, façade, roof, and any other building features visible from the outside of the building.

(ii) Exterior design may also include site features not part of the building such as, but not limited to, lighting, landscaping, art, pedestrian paths, open space, and parking location.

(4) New development.

(a) New development should include development of vacant property. This includes the demolition of existing buildings on a property which is subsequently developed with a new building.

(b) Cities and towns may adopt thresholds for what constitutes new development in situations where there are additions to, or new buildings developed on, property with preexisting development.

(c) Interior remodels or alterations that do not expand the exterior building footprint and which do not modify the exterior of the building or exterior site design features, including routine and minor repair and maintenance, should not constitute new development for design review purposes; nor should the cost of interior improvements be counted towards the determination of what constitutes new development.

(d) Nothing in this section is intended to exempt exterior repair and maintenance or interior remodels and alterations from applicable building, plumbing, mechanical, or electrical codes and related permits.

(5) The provisions of WAC 365-196-847(1) do not apply to development regulations that apply only to designated landmarks or historic districts established under a local preservation ordinance.

History

Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 25-17-058, s 365-196-849, filed 8/15/25, effective 9/15/25.

Wash. Admin. Code § 365-196-850 Impact fees.

(1) Counties and cities planning under the act are authorized to impose impact fees on development activities as part of public facilities financing. However, the financing for system improvements to serve new development must provide a balance between impact fees and other sources of public funds and cannot rely solely on impact fees.

(2) The decision to use impact fees should be specifically implemented through development regulations. The regulations should call for a specific finding on all three of the following limitations whenever an impact fee is imposed. The impact fees:

(a) Must only be imposed for system improvements that are reasonably related to the new development. "System improvements" (in contrast to "project improvements") are public facilities included in the capital facilities plan that are designed to provide service to service areas within the community at large;

(b) Must not exceed a proportionate share of the costs of system improvements that are reasonably related to the new development; and

(3) Impact fees may be collected and spent only for the following capital facilities owned or operated by government entities:

(a) Public streets and roads;

(b) Publicly owned parks;

(d) School facilities; and

(e) Fire protection facilities.

(4) Capital facilities for which impact fees will be imposed must have been addressed in a capital facilities plan element which identifies:

(a) Deficiencies in public facilities serving existing development and the means by which existing deficiencies will be eliminated within a reasonable period of time;

(b) Additional demands placed on existing public facilities by new development; and

(5) The local ordinance by which impact fees are imposed must conform to the provisions of RCW 82.02.060. The department recommends that jurisdictions include the authorized exemption for low-income housing.

History

Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 17-20-100, § 365-196-850, filed 10/4/17, effective 11/4/17
WSR 10-03-085, § 365-196-850, filed 1/19/10, effective 2/19/10.

Wash. Admin. Code § 365-196-855 Protection of private property.

In the drafting of development regulations, counties and cities must use the attorney general's process of evaluation issued pursuant to RCW 36.70A.370, to assure that governmental actions do not result in an unconstitutional taking of private property. Procedures for avoiding takings, such as variances or exemptions, should be built into the overall regulatory process.

History

Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 10-03-085, § 365-196-855, filed 1/19/10, effective 2/19/10.

Wash. Admin. Code § 365-196-860 Treatment of residential structures occupied by persons with handicaps.

(1) Counties and cities planning under the act may not 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.

(2) The term "handicap" is defined by the federal Fair Housing Amendments Act of 1988 (42 U.S.C. Sec. 3602). It pertains to a person who:

(a) Has a physical or mental impairment that substantially limits one or more of their major life activities;

(b) Has a record of having such impairment; or

It does not include current, illegal use of or addiction to a controlled substance (as defined in 21 U.S.C. Sec. 802).

History

Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 10-03-085, § 365-196-860, filed 1/19/10, effective 2/19/10.

Wash. Admin. Code § 365-196-865 Family day-care providers.

(1) Counties and cities may not prohibit the use of a residential dwelling as a family day-care provider's home facility that is located in an area zoned for residential or commercial land uses. However, counties and cities may regulate such use as a conditional use. Counties and cities may prohibit such use if it would create an incompatible use adjacent to resource lands of long-term commercial significance. Counties and cities may prohibit such use in the primary crash zone of an airport or aviation facility.

(2) See WAC 365-196-210 for the definition of "family day-care providers" used in this section.

(3) A county or city may require the family day-care provider to comply with building and land use regulations. They can require the provider to be certified by the department of early learning and to comply with the sign code; as well as any building, fire, safety, health code, and business licensing requirements. They can also limit the hours of operation to keep the day-care from disrupting other neighborhood uses, while also providing appropriate opportunity for persons who use family day-care and who work a nonstandard work shift.

(4) The county or city might also require the family day-care provider to show that they notified adjoining property owners of their intent to locate and maintain a family day-care near them.

(5) If disputes arise between neighbors and the family day-care provider over licensing requirements, the licensor may provide a forum to resolve the dispute. A forum, in this case, refers to a meeting of the affected parties to discuss and resolve the dispute.

History

Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 10-03-085, § 365-196-865, filed 1/19/10, effective 2/19/10.

Wash. Admin. Code § 365-196-867 Treatment of residential housing for low-income households.

(1) Summary of requirements: Counties, cities, and local government entities or agencies may not adopt, impose, or enforce requirements on an affordable housing development that are different than the requirements imposed on housing developments generally, consistent with RCW 36.130.020. However, they may extend preferential treatment to affordable housing developments, or impose and enforce requirements on affordable housing developments as conditions of financial support or as conditions to eligibility for any affordable housing incentive program or other development regulation waiver.

(2) Recommendations for meeting requirements:

(a) Permanent supportive housing and transitional housing, and indoor emergency housing that is administered through a lease, are determined to be affordable housing developments under RCW 36.130.020 if at least 25 percent of the dwelling units within the development are set aside for or are occupied by low, very low, or extremely low-income households.

(b) If a county, city, or local government imposes or enforces requirements on affordable housing developments as conditions of benefits, funding or incentives, then these requirements must be imposed or enforced on any affordable housing development that receives the same benefit.

History

Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 25-17-058, s 365-196-867, filed 8/15/25, effective 9/15/25.

Wash. Admin. Code § 365-196-870 Affordable housing incentives.

(1) Background.

(a) The act calls on counties and cities to plan for and accommodate housing affordable to all economic segments of the population. Addressing the need for affordable housing will require a broad variety of tools to address local needs. This section describes certain affordable housing incentive programs (incentive programs) that counties and cities may implement.

(b) Counties and cities may use incentive programs to implement other policies in their comprehensive plan in addition to affordable housing; for instance, encouraging higher densities that reduce the need for land and increase the efficiency of providing public services.

(d) Incentive programs may be implemented through fee waivers and exemptions, development regulations, conditions on rezoning or permit decisions, any combination of these, or other tools.

(e) Incentive programs may apply to part or all of a county or city. A county or city may apply different standards to different areas within their jurisdiction, or to different development types.

(f) Incentive programs may be modified to meet local needs.

(g) Incentive programs may include provisions not expressly provided in RCW 36.70A.540, 82.02.020 or chapter 84.14 RCW.

(h) Incentive programs may include preferential treatment for affordable housing development.

(2) Counties and cities may establish an incentive program that is either required or optional.

(a) Counties and cities may establish an optional incentive program. If a developer chooses not to participate in an optional incentive program, a county or city may not condition, deny or delay the issuance of a permit or development approval that is consistent with zoning and development standards on the subject property absent the optional incentive provisions of this program.

(b) Counties and cities may establish a mandatory incentive program that requires a minimum amount of affordable housing that must be provided by all residential developments built under the revised regulations. The minimum amount of affordable housing may be a percentage of the units or floor area in a development or of the development capacity of the site under the revised regulations. These programs may be established as follows:

(i) The county or city identifies certain land use designations within a geographic area where increased residential development will help achieve local growth management and housing policies.

(ii) The county or city adopts revised regulations to increase development capacity through zoning changes, bonus densities, height and bulk increases, parking reductions, or other regulatory changes or other incentives.

(iii) The county or city determines that the increased residential development capacity resulting from the revised regulations can be achieved in the designated area, taking into consideration other applicable development regulations.

(3) Steps in establishing an incentive program.

(a) When developing incentive programs, counties and cities should start with the local housing needs of each economic segment, as identified in the housing element and develop incentive programs as a strategy to make adequate provisions for existing and projected housing needs of all economic segments of the county or city as required by RCW 36.70A.070 (2)(d). Incentive programs could include the following for housing affordable to low, very low, or extremely low-income households, or permanent supportive housing, transitional housing, emergency housing or emergency shelter projects:

(i) Reduced or waived development requirements such as parking and height limitations;

(ii) Reduced or waived fees, such as infrastructure connection fees and/or impact fees;

(iii) Expedited permitting and density bonuses for projects that set aside a percentage of units or all units as affordable;

(iv) Incentive programs that specifically encourage permanent supportive housing, transitional housing, indoor emergency shelter, and indoor emergency housing.

(b) Counties and cities should identify incentives that can be provided to residential, commercial, industrial or mixed-use developments providing affordable housing, including tiny house communities as defined in RCW 35.21.686. Incentives could include density bonuses within the urban growth area, height and bulk bonuses, fee waivers or exemptions, parking reductions, expedited permitting, or other benefits to a development. Counties and cities should provide a variety of incentives to accommodate housing needs of all economic segments and may tailor the type of incentive to the circumstances of a particular development project.

(c) Counties and cities may choose to offer incentives through development regulations, fees, processes, or through conditions on rezones or permit decisions.

(4) Criteria for developing a program under RCW 36.70A.540. When developing an affordable housing incentive program, counties and cities must establish standards for low-income renter or owner occupancy housing consistent with RCW 36.70A.540 (2)(b). The housing must be affordable to and occupied by low-income households.

(a) Low-income renter households are defined as households with incomes of 50 percent or less of the county median family income, adjusted for family size.

(b) Low-income owner households are defined as households with incomes of 80 percent or less of the county median family income, adjusted for family size.

(c) Adjustments to income levels: Counties and cities may, after holding a public hearing, establish lower or higher income levels based on findings that such higher income and corresponding affordability limits are needed to address local housing market. The higher income level may not exceed 80 percent of county median family income for rental housing or 100 percent of median county family income for owner-occupied housing.

(d) Affordable units developed under RCW 36.70A.540 should be committed to affordability for 50 years; however, a local government may accept payments in lieu of continuing affordability.

(e) The powers granted in RCW 36.70A.540 are supplemental and additional to the powers otherwise held by local governments, and nothing in RCW 36.70A.540 shall be construed as a limit on such powers.

(5) Maximum rent or sales prices: Counties and cities must establish the maximum rent level or sales prices for each low-income housing unit developed under the terms of their affordable housing programs. Counties and cities may adjust these levels based on the average size of the household expected to occupy the unit. These levels may be adjusted over time with changes in median income and factors affecting the affordability of sales prices to low-income households.

(a) For renter-occupied housing units, the total housing costs, including basic utilities, excluding telephone, as determined by the jurisdiction, may not exceed 30 percent of the income limit for the low-income housing unit.

(b) For owner-occupied housing units, affordable home prices should be based on conventional or Federal Housing Administration lending standards applicable to low-income first-time homebuyers.

(6) Types of units provided when a developer is using incentives to develop both market rate housing and affordable housing.

(a) Market-rate housing projects participating in the affordable housing incentive program should provide low-income units in a range of sizes comparable to those units that are available for other residents. To the extent practicable, the number of bedrooms in low-income units should be in the same proportion as the number of bedrooms in units within the entire development.

(b) The provision of units within the developments for which a bonus or incentive is provided is encouraged. However, programs may allow units to be provided in a building located in the general area of the development for which a bonus or incentive is provided.

(7) Enforcement of conditions: Conditions may be enforced using covenants, options, or other agreements executed and recorded by owners and developers of the affordable housing units. Affordable units developed under an incentive program should be committed to affordability for 50 years; however, a local government may accept payments in lieu of continuing affordability.

(8) Payment in lieu of providing units allowed. Counties and cities may also allow a payment of money or property in lieu of low-income housing units if the jurisdiction determines that the payment achieves a result equal to or better than providing the affordable housing on-site. The payment must not exceed the approximate costs of developing the same number and quality of housing units that would otherwise be developed. The funds or property must be used to support the development of low-income housing, including support provided through loans or grants to public or private owners or developers of housing.

(9) Jurisdictions with affordable housing incentive programs should consider customized zoning and development regulations for development on real property owned or controlled by a religious organization, but must allow increased density consistent with RCW 36.70A.545, 35A.63.300 and 35.63.280.

History

Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 25-17-058, s 365-196-870, filed 8/15/25, effective 9/15/25
WSR 10-22-103, § 365-196-870, filed 11/2/10, effective 12/3/10.

Wash. Admin. Code § 365-196-872 Housing on property owned or controlled by a religious organization.

(1) Religious organizations may host unsheltered people on property the organizations own or control, whether within buildings located on the property, or outside of buildings on the property consistent with RCW 35A.21.360, 36.01.290, and 35.21.915.

(a) Counties and cities may not impose conditions other than those necessary to protect public health and safety and that do not substantially burden the ability of the religious organization to provide housing for unsheltered people.

(b) Counties and cities have discretion to reduce or waive permit fees for a religious organization that hosts unsheltered people.

(c) Any religious organization hosting an outdoor encampment, vehicle resident safe parking area, temporary small houses, or indoor overnight shelter, with a publicly funded managing agency, must work with the county or city to use Washington's homeless client management information system, as provided for in RCW 43.185C.180.

(2) County and city incentive programs must include increased density bonuses, consistent with local needs, for new or rehabilitated affordable housing development on property owned or controlled by a religious organization, consistent with RCW 36.70A.545, 35A.63.300, and 35.63.280. This density bonus should be administratively approved. There are no requirements for how much additional density must be allowed, but counties and cities:

(a) May develop policies to guide the development of an increased density bonus for affordable housing development on property owned or controlled by a religious organization, such as the level of bonus densities needed to allow an affordable housing project to develop or the scale of bonus densities based on the surrounding context of the property;

(b) Must limit the bonus density to sites within the urban growth area;

(c) Should adopt requirements for recording a notice to title that ensures the development is exclusively used for housing affordable to low-income households, and will meet the established affordability criteria for a time period not less than 50 years;

(d) Should require the developer to work with transit service providers, if applicable, to provide appropriate transit services;

(e) Must require that the development not discriminate against any low-income household on the basis of race, creed, color, national origin, sex, veteran or military status, sexual orientation, or mental or physical disability; or otherwise act in violation of the federal Fair Housing Amendments Act of 1988 (42 U.S.C. Sec. 3601 et seq.);

(f) Should also refer to RCW 36.01.290 and the Religious Land Use and Institutionalized Persons Act (RLUIPA) to understand the limits of their authority to regulate uses on property owned or controlled by a religious organization as well as the limits of what the religious organization may offer.

History

Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 25-17-058, s 365-196-872, filed 8/15/25, effective 9/15/25.

Wash. Admin. Code § 365-196-875 Minimum residential parking requirements.

(1) For counties and cities planning under RCW 36.70A.040, the minimum residential parking requirements of RCW 36.70A.620 and 36.70A.622 shall apply.

(a) For the purposes of this subsection, the following definitions should apply:

(i) "Seniors" means individuals 65 years or older.

(ii) "Transit stop" applies to stops where passengers embark or debark on public transit systems meeting the applicable transit service levels in RCW 36.70A.620, to include stops for conventional bus service, bus rapid transit, commuter rail, light rail, and rail or fixed guideway systems, including transitways.

(iii) A "credentialed transportation or land use planning expert" will have a license, such as a Professional Engineer (PE), or other credential issued by a nationally recognized planning organization, such as the American Planning Association (APA). The person or company preparing the parking study should have at least five years of experience in transportation planning, engineering, or land use with a minimum of two years of experience working on parking issues and related parking studies.

(b) Lack of access to street parking capacity, physical space impediments, or other reasons supported by evidence that would make on-street parking infeasible for the "unit" may be determined by the designated local government decision maker.

(c) Walking distances to transit stops may typically be measured as the distance traveled by road, paths, and sidewalks, or by the direct distance between two points. When measuring distances between two points, conditions that can constrain walkability and reduce the actual area that is in reasonable walking distance of the major transit stop, such as terrain, water bodies, missing pedestrian routes, or infrastructure barriers should be accounted for and documented to more accurately measure walking distance.

(d) When two parking requirement limits are provided, such as "one parking space per bedroom or 0.75 space per unit," the county or city may use either limit.

(e) For the purposes of RCW 36.70A.620(3), market rate multi-family units does not include market rate middle housing units for cities subject to RCW 36.70A.635.

(2) When permitting accessory dwelling units as defined by RCW 36.70A.696(1) counties and cities subject to the requirements of RCW 36.70A.681 may not, for accessory dwelling units:

(a) Require any off-street parking within one-half mile walking distance of a major transit stop;

(b) Require more than one off-street parking space per unit on lots smaller than 6,000 square feet before any zero lot line subdivisions or lot splits; and

(c) Require more than two off-street parking spaces per unit on lots greater than 6,000 square feet before any zero lot line subdivisions or lot splits.

(3) When permitting middle housing as defined by RCW 36.70A.030(26), cities subject to the requirements of RCW 36.70A.635 shall not:

(a) Require any off-street parking within one-half mile walking distance of a major transit stop.

(b) Require more than one off-street parking space per unit on lots no greater than 6,000 square feet before any zero lot line subdivisions or lot splits; and

(c) Require more than two off-street parking spaces per unit on lots greater than 6,000 square feet before any zero lot line subdivisions or lot splits.

(4) The provisions of subsections (2) and (3) of this section do not apply:

(a) To those areas where the department has certified a local government empirical study, prepared by a certified credentialed transportation or land use expert, meeting the requirements of RCW 36.70A.681 (2)(b)(i) or 36.70A.635 (7)(a);or

(b) To portions of cities within a one-mile radius of a commercial airport in Washington with at least 9,000,000 annual enplanements.

(5) In cases where the number of off-street parking spaces required by RCW 36.70A.620 conflict with RCW 36.70A.635 or 36.70A.681, the least restrictive off-street parking requirement should apply.

(6) The off-street parking requirements of RCW 36.70A.635 and 36.70A.681 should be considered maximums and may be reduced. In considering reducing maximum off-street parking requirements, counties and cities should give consideration to:

(a) Proximity to transit facilities;

(b) Availability of on-street parking in the area;

(d) Demand for off-street parking for affordable housing units.

(7) Counties and cities shall enforce land use regulations for residential development as follows:

(a) Garages and carports may not be required to meet minimum parking requirements for residential development;

(b) Parking spaces that count towards minimum parking requirements may be enclosed or unenclosed;

(c) Parking spaces in tandem must count towards meeting minimum parking requirements at a rate of one space for every 20 linear feet with any necessary provisions for turning radius;

(d) For purposes of this subsection, "tandem" is defined as having two or more vehicles, one in front of or behind the others with a single means of ingress and egress;

(e) Existence of legally nonconforming gravel surfacing in existing designated parking areas may not be a reason for prohibiting utilization of existing space in the parking area to meet local parking standards, up to a maximum of six parking spaces;

(f) Parking spaces may not be required to exceed eight feet by 20 feet, except for required parking for people with disabilities. Angled parking spaces should be sized to be comparable to an eight foot by 20 foot 90 degree stalls. Backing areas and driveway aisles should be sized to be the minimum needed for one way or two way traffic as applicable, which generally should be no greater than 24 feet for 90 degree stalls;

(g) Any county planning under this chapter, and any cities within those counties with a population greater than 6,000, may not require off-street parking as a condition of permitting a residential project if compliance with tree retention would otherwise make a proposed residential development or redevelopment infeasible. By infeasible, consideration should be given to the need to retain significant trees, and retain trees located where off-street parking and driveways for residential development or redevelopment might be located; and

(h) Parking spaces that consist of grass block pavers may count toward minimum parking requirements.

(8) Existing parking spaces that do not conform to the requirements of subsection (7) of this section as of June 6, 2024, are not required to be modified or resized, except for compliance with the Americans with Disabilities Act (ADA). Existing paved parking lots are not required to change the size of existing parking spaces during resurfacing if doing so will be more costly or require significant reconfiguration of the parking space locations.

(9) The provisions in subsection (7) of this section do not apply to portions of cities within a one-mile radius of a commercial airport in Washington with at least 9,000,000 annual enplanements.

History

Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 25-17-058, s 365-196-875, filed 8/15/25, effective 9/15/25.

Wash. Admin. Code § 365-196-880 Accessory dwelling units.

(1) For the purposes of this section, the definitions established in RCW 36.70A.696 apply.

(2) Requirements: Within urban growth areas, counties and cities:

(a) Must allow at least two accessory dwelling units on all lots that allow for single-family homes in the following configurations:

(i) One attached accessory dwelling unit and one detached accessory dwelling unit;

(ii) Two attached accessory dwelling units;

(iii) Two detached accessory dwelling units, which may be comprised of either one or two detached structures;

(iv) Must allow accessory dwelling units to be converted from existing structures including, but not limited to, detached garages, even if they violate current code requirements for setbacks or lot coverage;

(b) Must allow accessory dwelling units on any lot that meets the minimum lot size required for the principal unit;

(c) May not establish a maximum gross floor area requirement for accessory dwelling units that is less than 1,000 square feet;

(d) May not assess impact fees on the construction of accessory dwelling units that are greater than 50 percent of the impact fees that would be imposed on a principal unit;

(e) May not require the owner of a lot on which there is an accessory dwelling unit to reside in or occupy the accessory dwelling unit or another housing unit on the same lot;

(f) May not establish roof height limits on an accessory dwelling unit of less than 24 feet, unless the height limitation that applies to the principal unit is less than 24 feet, in which case a county or city may not impose roof height limitation on accessory dwelling units that is less than the height limitation that applies to the principal unit;

(g) May not impose setback requirements, yard coverage limits, tree retention mandates, restrictions on entry door locations, aesthetic requirements, or requirements for design review for accessory dwelling units that are more restrictive than those for the principal unit;

(h) Must allow detached accessory dwelling units to be sited at a lot line if the lot line abuts a public alley, unless the county or city routinely plows snow on the public alley;

(i) May not prohibit the sale or other conveyance of a condominium unit independently of a principal unit solely on the grounds that the condominium unit was originally built as an accessory dwelling unit;

(j) May not require public street improvements as a condition of permitting accessory dwelling units;

(k) Must align parking with the requirements of WAC 365-196-875.

(3) Restrictions on ADUs.

(a) Counties and cities are not required or authorized to allow the construction of an accessory dwelling unit in a location where development is restricted under other laws, rules, such as home ownership association rules, or ordinances. They may apply appropriate development regulations to the construction of an accessory unit;

(b) Counties and cities may apply public health, safety, building code, and environmental permitting requirements to an accessory dwelling unit that would be applicable to the principal unit;

(c) Counties and cities may apply regulations to protect ground and surface waters from on-site wastewater; as such, the construction of accessory dwelling units may be prohibited on lots that are not connected to or served by public sewers;

(d) Counties and cities may prohibit or restrict the construction of accessory dwelling units on land designated as critical areas or their buffers as designated in RCW 36.70A.060, or in designated shoreline buffers, though conversions of internal space in legally permitted structures may be allowed;

(e) Counties and cities may prohibit or restrict the construction of accessory dwelling units in residential zones with a density of one dwelling unit per acre or less that are within areas designated as wetlands, fish and wildlife habitats, flood plains, or geologically hazardous areas;

(f) Counties and cities may prohibit or restrict the construction of accessory dwelling units in a watershed serving a reservoir for potable water if that watershed is or was listed, as of July 1, 2023, as impaired or threatened under section 303(d) of the federal Clean Water Act (33 U.S.C. Sec. 1313(d));

(g) Counties and cities may prohibit or restrict the construction of accessory dwelling units in portions of cities within a one-mile radius of a commercial airport in Washington with at least 9,000,000 annual enplanements;

(h) Counties and cities may prohibit or restrict the construction of accessory dwelling units in areas with other unsuitable physical characteristics of a property; and

(i) Counties and cities may restrict the use of accessory dwelling units for short term rentals.

(4) The requirements of RCW 36.70A.681 shall supersede, preempt, and invalidate local development regulations in any county or city that has not passed ordinances, regulations, or other official controls within the time frames provided under RCW 36.70A.680.

(5) ADU regulations not subject to appeal. Any action taken by a county or city that is consistent with these requirements is not subject to legal challenge under chapter 36.70A or 43.21C RCW, unless the action has a probable significant adverse impact on fish habitat.

History

Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 25-17-058, s 365-196-880, filed 8/15/25, effective 9/15/25.

Wash. Admin. Code § 365-196-885 Co-living housing.

(1) Counties and cities must allow co-living housing as a permitted use on any lot located within an urban growth area that allows at least six multifamily residential units, including on a lot zoned for mixed-use development.

(2) Counties and cities may not require co-living housing to:

(a) Contain room dimensional standards larger than that required by the state building code, including dwelling unit size, sleeping unit size, room area, and habitable space;

(b) Provide a mix of unit sizes or number of bedrooms; or

(3)(a) Counties and cities also may not require co-living housing to:

(i) Provide off-street parking within one-half mile walking distance of a major transit stop; or

(ii) Provide more than one-quarter off-street parking spaces per sleeping unit.

(b) The provisions of (a) of this subsection do not apply:

(i) If a county or city submits to the department an empirical study prepared by a credentialed transportation or land use planning expert that clearly demonstrates, and the department finds and certifies, that the application of the parking limitations of (a) of this subsection will be significantly less safe for vehicle drivers or passengers, pedestrians, or bicyclists than if the jurisdiction's parking requirements were applied to the same location.

(ii) To portions of cities within a one-mile radius of a commercial airport in Washington with at least 9,000,000 annual enplanements.

(4) Counties and cities may not require through development regulations any standards for co-living housing that are more restrictive than those that are required for other types of multifamily residential uses in the same zone.

(5) Counties and cities may only require a review, notice, or public meeting for co-living housing that is required for other types of residential uses in the same location, unless otherwise required by state law including, but not limited to, shoreline regulations under chapter 90.58 RCW.

(6) Counties and cities may not exclude co-living housing from participating in affordable housing incentive programs under RCW 36.70A.540.

(7) Counties and cities may not treat a sleeping unit in co-living housing as more than one-quarter of a dwelling unit for purposes of calculating dwelling unit density.

(8) Counties and cities may not treat a sleeping unit in co-living housing as more than one-half of a dwelling unit for purposes of calculating fees for sewer connections, unless the city or county makes a finding, based on facts, that the connection fees should exceed the one-half threshold.

(9) For the purposes of this section, the following definitions apply:

(a) "Co-living housing" means a residential development with sleeping units that are independently rented and lockable and provide living and sleeping space, and residents share kitchen facilities with other sleeping units in the building. Local governments may use other names to refer to co-living housing including, but not limited to, congregate living facilities, single room occupancy, rooming house, boarding house, lodging house, and residential suites.

(b) "Major transit stop" means:

(i) A stop on a high capacity transportation system funded or expanded under the provisions of chapter 81.104 RCW;

(ii) Commuter rail stops;

(iii) Stops on rail or fixed guideway systems, including transitways;

(iv) Stops on bus rapid transit routes or routes that run on high occupancy vehicle lanes; or

(v) Stops for a bus or other transit mode providing actual fixed route service at intervals of at least 15 minutes for at least five hours during the peak hours of operation on weekdays.

History

Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 25-17-058, s 365-196-885, filed 8/15/25, effective 9/15/25.

Wash. Admin. Code § 365-196-890 Minimum residential density.

(1) Except as provided in RCW 36.70A.635(4) and 36.70A.636(3), any city that is required or chooses to plan under RCW 36.70A.040 must authorize by ordinance and incorporate into its development regulations, zoning regulations, and other official controls, the following:

(a) Cities with a population of at least 75,000, based on office of financial management population estimates must, on all lots zoned predominantly for residential use, permit the development of:

(i) At least four units per lot, unless zoning permitting higher densities or intensities applies;

(ii) At least six units per lot if located within a quarter-mile walking distance of a major transit stop, unless zoning permitting higher densities or intensities applies; and

(iii) At least six units per lot, if at least two of the units are affordable housing, unless zoning permitting higher densities or intensities applies.

(b) Cities with a population less than 75,000 but at least 25,000 based on office of financial management population estimates must, on all lots zoned predominantly for residential use, permit the development of:

(i) At least two units per lot, unless zoning permitting higher densities or intensities applies;

(ii) At least four units per lot if located within a quarter-mile walking distance of a major transit stop unless zoning permitting higher densities or intensities applies; and

(iii) At least four units per lot, if at least one of the units is affordable housing unless zoning permitting higher densities or intensities applies.

(2) Cities with populations under 25,000 based on office of financial management population estimates and within a contiguous urban growth area with the largest city in a county with a population of more than 275,000 must permit the development of at least two units on all lots zoned predominantly for residential use, unless zoning permitting higher densities or intensities applies.

(3) Cities are not required to achieve the per unit density on lots after subdivision below 1,000 square feet unless the city chooses to enact smaller allowable lot sizes.

(4)(a) To qualify for the additional affordable housing units allowed under subsection (1) of this section, the applicant must:

(i) Commit to renting or selling the required number of units as affordable housing and maintain the units as affordable for a term of at least 50 years; and

(ii) Have the property satisfy that commitment and all required affordability and income eligibility conditions adopted by the local government under chapter 36.70A RCW.

(b) A city must require the applicant to record a covenant or deed restriction that:

(i) Ensures the continuing rental of units subject to these affordability requirements consistent with the conditions in chapter 84.14 RCW for a period of no less than 50 years; and

(ii) Addresses criteria and policies to maintain public benefit if the property is converted to a use other than which continues to provide for permanently affordable housing.

(i) Be provided in a range of sizes comparable to other units in the development;

(ii) To the extent practicable, have the number of bedrooms in the same proportion as the number of bedrooms in units within the entire development;

(iii) Generally be distributed throughout the development and have substantially the same functionality as the other units in the development.

(d) For cities that have enacted a program under RCW 36.70A.540, the terms of that program govern to the extent they vary from the requirements of this subsection.

(5) A city that had enacted a program under RCW 36.70A.540 may require any development, including development described in subsection (1) of this section, to provide affordable housing, either on-site or through an in-lieu payment. The city may expand such a program or modify its requirements.

(6)(a) As an alternative to the density requirements in subsection (1) of this section, a city may implement the density requirements in subsection (1) of this section for at least 75 percent of lots in the city that are primarily dedicated to single-family detached housing units.

(b) The 25 percent of lots for which the requirements of subsection (1) of this section are not implemented must include, but are not limited to:

(i) Any areas within the city for which the department has certified an extension of the implementation timelines under RCW 36.70A.637 due to the risk of displacement;

(ii) Any areas within the city for which the department has certified an extension of the implementation timelines under RCW 36.70A.638 due to a lack of infrastructure capacity;

(iii) Any lots, parcels, and tracts designated with critical areas or their buffers that are exempt from the density requirements as provided in RCW 36.70A.635 (8)(a). In making this exclusion, only lots which cannot reasonably be developed for middle housing due to the presence of critical areas or their buffers should be included;

(iv) Any portion of a city within a one-mile radius of a commercial airport with at least 9,000,000 annual enplanements that is exempt from the parking requirements under RCW 36.70A.635 (7)(b); and

(v) Any areas subject to sea level rise, increased flooding, susceptible to wildfires, or geological hazards over the next 100 years.

(c) Unless identified as at higher risk of displacement under RCW 36.70A.070 (2)(g), the 25 percent of lots for which the requirements of subsection (1) of this section are not implemented may not include any areas:

(i) For which the exclusion would further racially disparate impacts or result in zoning with a discriminatory effect;

(ii) Within one-half mile walking distance of a major transit stop; or

(iii) Historically covered by a covenant or deed restriction excluding racial minorities from owning property or living in the area, as known to the city at the time of each comprehensive plan update.

(d) Cities may make an application to the department to include more than 25 percent of lots for which the requirements of subsection (1) of this section do not apply, subject to the certification process provided for in chapter 365-199 WAC.

(7) Cities subject to the requirements of subsection (1)(a) or (b) of this section must allow at least six of the nine types of middle housing to achieve the unit density required in subsection (1) of this section. Cities subject to the requirements of subsection (2) of this section should allow at least as many middle housing types that can be developed as two unit per lot projects.

(a) Cities may allow accessory dwelling units to achieve the unit density required in subsection (1) of this section.

(b) Cities are not required to allow accessory dwelling units or middle housing types beyond the density requirements in subsection (1) of this section.

(c) Cities must allow zero lot line short subdivisions where the number of lots created is equal to the unit density required in subsection (1) of this section.

(d) Single family detached dwellings are not a middle housing type and may not count toward the unit density requirements of RCW 36.70A.635(1).

(8)(a) Cities shall not require through development regulations any standards for middle housing that are more restrictive than those required for detached single-family residences.

(b) Cities may apply any objective development regulations that are required for detached single-family residences including, but not limited to, setback, lot coverage, stormwater, clearing, and tree canopy and retention requirements.

(i) Only administrative design review shall be applied; and

(ii) Only those objective design standards necessary to address middle housing compatibility with the scale, form, and character with single-family houses are applied.

(9) Cities shall apply to middle housing the same development permit and environmental review processes that apply to detached single-family residences, unless otherwise required by state law including, but not limited to, shoreline regulations under chapter 90.58 RCW, building codes under chapter 19.27 RCW, energy codes under chapter 19.27A RCW, or electrical codes under chapter 19.28 RCW.

(10) The provisions of this section do not apply to:

(a) Portions of a lot, parcel, or tract with designated critical areas under RCW 36.70A.170 or their buffers as required by RCW 36.70A.170, except for critical aquifer recharge areas where a single-family detached house is an allowed use provided that any requirements to maintain aquifer recharge areas are met;

(b) Areas designated as sole-source aquifers by the United States Environmental Protection Agency on islands in the Puget Sound;

(c) A watershed serving a reservoir for potable water if that watershed is or was listed, as of July 23, 2023, as impaired or threatened under section 303(d) of the federal Clean Water Act (33 U.S.C. Sec. 1313(d));

(d) Lots designated urban separators by countywide planning policies as of July 23, 2023; or

(e) A lot that was created through the splitting of a single residential lot.

(11) RCW 36.70A.635 does not:

(a) Prohibit a city from permitting detached single-family residences;

(b) Require a city to issue a building permit if other federal, state, and local requirements for a building permit are not met.

(12) A city must comply with the requirements of this section on the latter of:

(a) Six months after its next periodic comprehensive plan update required under RCW 36.70A.130 if the city meets the population threshold based on the 2020 office of financial management population data; or

(b) Twelve months after their next implementation progress report required under RCW 36.70A.130 after a determination by the office of financial management that the city has reached a population threshold established under this section.

(13) A city complying with this section and not granted a timeline extension under RCW 36.70A.638 does not have to update its capital facilities plan element required by RCW 36.70A.070(3) to accommodate the increased housing required in RCW 36.70A.635 or 36.70A.636 until the first periodic comprehensive plan update required for the city under RCW 36.70A.130(5) that occurs on or after June 30, 2034.

(14) Until June 30, 2026, for cities subject to a growth allocation adopted under RCW 36.70A.210 that limits the maximum residential capacity of the jurisdiction, any additional residential capacity created by this section for lots, parcels, and tracts outside of critical areas or their buffers may not be considered an inconsistency with the countywide planning policies, multicounty planning policies, or growth allocations adopted under RCW 36.70A.210.

(15) Recommendations for meeting requirements.

(a) Cities should define "all lots zoned predominantly for residential use" with consideration given to:

(i) Including zoning districts where residential dwellings are the primary use;

(ii) Nonresidential zones, such as commercial, industrial, and public zoning districts, should not be considered lots "zoned predominantly for residential use" even though they may permit single-family dwellings;

(iii) Mixed use zones that allow for a complementary mix of commercial development with residential development, and which allow residential development at higher densities than middle housing, should not be considered lots predominantly zoned for residential use.

(b) Cities may define duplex, triplex, fourplex, fiveplex, and sixplex provided that the definitions are consistent with the definition of middle housing in RCW 36.70A.030(26), including that middle housing buildings are compatible in scale, form, and character with single-family houses and contain two or more attached, stacked, or clustered homes.

(16) Development regulations for middle housing:

(a) Shall not require any standards that are more restrictive than those required for detached single-family residences, except as provided for in RCW 36.70A.635 (6)(a) through administrative design review;

(b) May apply any objective development regulations that are required for detached single-family residences including, but not limited to, set-back, lot coverage, stormwater, clearing, and tree canopy and retention requirements;

(c) May adopt objective development regulations for middle housing that are less restrictive than existing standards required for detached single-family residences; and

(d) May use administrative design review to adopt design and development standards that reflect differences between detached single-family residences and "middle housing" types, provided that:

(i) The design and development standard is objective; and

(ii) The design and development standard makes middle housing compatible with the form, character, and scale of existing single-family houses.

(e) Cities establishing unit per lot requirements above the minimums identified in RCW 36.70A.635 (1)(a)(i) through (iii), (b)(i) through (iii) and (c), should consider:

(i) The variety of lot sizes that may exist in the city;

(ii) Proximity to major transit facilities, if any;

(iii) The type of major transit facilities, if any;

(iv) Neighborhood facilities, such as shopping services, if any;

(v) Existing public facilities such as sidewalks;

(vi) How objective middle housing development and design standards can serve to make middle housing compatible with the form, scale, and character of single family homes.

(f) Cities must apply the same critical area requirements for middle housing development that would apply to single family homes on the same lot unless an analysis, including best available science, shows that more restrictive standards are necessary to protect critical area functions and values.

(17) A city complying with the requirements of RCW 36.70A.635 and not granted a timeline extension under RCW 36.70A.638 should update its capital facilities element to accommodate the increased housing required by RCW 36.70A.635 and 36.70A.636 prior to the first periodic update that occurs on or after June 30, 2034.

History

Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 25-17-058, s 365-196-890, filed 8/15/25, effective 9/15/25.

Wash. Admin. Code § 365-196-900 Department technical assistance—Approval of alternative action.

(1) The model middle housing ordinances published by the department in accordance with RCW 36.70A.636(2) shall:

(a) Supersede, preempt, and invalidate local development regulations in any city subject to RCW 36.70A.635 that has not passed ordinances, regulations, or other official controls within the time frames provided under RCW 36.70A.635(11).

(b) Remain in effect until the city takes all actions necessary to implement RCW 36.70A.635.

(2) Subject to a process provided for in WAC 365-199-060, cities implementing the requirements of RCW 36.70A.635 may seek approval of alternative local actions identified in RCW 36.70A.637 (3)(b) and (c), subject to the approval process in WAC 365-199-060.

(a) The department may approve actions for cities that have, by January 1, 2023, adopted a comprehensive plan that is substantially similar to the requirements of RCW 36.70A.635 and have adopted, or within one year of July 23, 2023, adopts permanent development regulations substantially similar to the requirements of RCW 36.70A.635. In determining whether a city's adopted comprehensive plan and permanent development regulations are substantially similar, the department must find as substantially similar plans and regulations that:

(i) Result in an overall increase in housing units allowed in single-family zones that is at least 75 percent of the increase in housing units allowed in single-family zones if the specific provisions of RCW 36.70A.635 were implemented;

(ii) Allow for middle housing throughout the city, rather than just in targeted locations; and

(iii) Allow for additional density near major transit stops, and for projects that incorporate dedicated affordable housing.

(b) The department may approve actions for cities that have, by January 1, 2023, adopted a comprehensive plan or development regulations that have significantly reduced or eliminated residentially zoned areas that are predominantly single family. The department must find that a city's actions are substantially similar to the requirements of RCW 36.70A.635 if they have adopted, or within one year of July 23, 2023, adopt permanent development regulations that:

(ii) Allow for middle housing throughout the city, rather than just in targeted locations; and

(iii) Allow for additional density near major transit stops, and for projects that incorporate dedicated affordable housing.

(3)(a) The department may determine that a comprehensive plan and development regulations that do not meet the criteria in RCW 36.70A.636 (3)(b) or (c) are otherwise substantially similar to the requirements of RCW 36.70A.635 if the city can clearly demonstrate that the regulations adopted will allow for a greater increase in middle housing production within single family zones than would be allowed through implementation of RCW 36.70A.635.

(b) In making this determination, the city must provide supporting documentation and calculations that compare middle housing units allowed within single-family zones under the alternative action to housing units allowed were the city to adopt applicable provisions of RCW 36.70A.635.

(c) In preparing the documentation and calculations, consideration should be given to housing element technical guidance documents prepared by the department for conducting housing element land capacity analysis.

(4) Any local actions approved by the department pursuant to RCW 36.70A.636 (b) and (c) to implement the requirements under RCW 36.70A.635 are exempt from appeals under this chapter and chapter 43.21C RCW.

(5) The department's final decision to approve or reject actions by cities implementing RCW 36.70A.635 may be appealed to the growth management hearings board by filing a petition as provided in RCW 36.70A.290.

History

Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 25-17-058, s 365-196-900, filed 8/15/25, effective 9/15/25.

Chapter 365-197 Project consistency.

Wash. Admin. Code § 365-197-010 Purpose of a project consistency rule.

The Local Project Review Act (chapter 36.70B RCW) authorizes the department of community, trade, and economic development to develop and adopt by rule criteria to assist local governments planning under RCW 36.70A.040 to analyze the consistency of project actions. These criteria are to be jointly developed with the department of ecology (RCW 36.70B.040(5)).

A basic principle of the Growth Management Act (GMA) and the Local Project Review Act is that land use decisions made in adopting a comprehensive plan and development regulations under chapter 36.70A RCW should not be revisited during project review. When review of a project indicates that it is consistent with earlier land use decisions, that project should not be reevaluated or scrutinized with respect to whether those decisions were appropriate. Given the number of jurisdictions and agencies in the state, it is essential to establish a uniform framework for jurisdictions planning under the GMA to consider the consistency of a proposed project with the applicable development regulations or, in the absence of applicable regulations, the adopted comprehensive plan.

Consistency should be considered in the project review process by analyzing four factors found in applicable regulations or plans. The four factors are:

(1) The type of land use allowed;

(2) The level of development allowed, such as dwelling units per acre or other measures of intensity;

(3) Infrastructure, such as the adequacy of public facilities and services to serve the proposed project; and

(4) The characteristics of the proposed development, such as assessment for compliance with specific development regulations or standards. This uniform approach is based upon existing project review practices and should not place a "new" burden on applicants or local government. The intent is that consistency analysis be largely a matter of code checking for most projects, which are simple or routine. More complex projects may require more analysis of these factors, including any required studies. During project review, a question may be raised about whether a project is consistent with applicable regulations or plans after some initial analysis. A project's consistency with applicable development regulations may not initially be clear due to the complexity of the project or the regulations. For example, provision for infrastructure. In these cases, the criteria in the rule are intended to provide guidance to local government, applicants, and reviewers in conducting a consistency analysis. The criteria are not intended for every aspect of the project, only for those aspects where there are still questions of consistency after the initial review.

This rule is advisory in nature. As provided by RCW 36.70B.040, local governments may develop and apply their own procedures for determining project consistency.

History

Statutory Authority: RCW 36.70B.040. WSR 01-13-039, § 365-197-010, filed 6/13/01, effective 7/14/01.

Wash. Admin. Code § 365-197-020 Definitions.

(1) "GMA" means the Growth Management Act, chapter 36.70A RCW and those statutes codified in other chapters of the Revised Code of Washington that were enacted or amended as part of chapter 17, Laws of 1990 1st ex. sess. and chapter 32, Laws of 1991 sp. sess.

(2) "GMA county/city" means a county or city that is planning under RCW 36.70A.040.

(3) "SEPA" means the State Environmental Policy Act of 1971, chapter 43.21C RCW, and the SEPA rules, chapter 197-11 WAC, as enacted or later amended.

History

Statutory Authority: RCW 36.70B.040. WSR 01-13-039, § 365-197-020, filed 6/13/01, effective 7/14/01.

Wash. Admin. Code § 365-197-030 Integrated project review—GMA project consistency analysis and environmental review under SEPA.

The GMA is a fundamental building block of regulatory reform. The GMA should serve as an integrating framework for other land use-related laws. (ESHB 1724, Section 1.)

Integration of permit review and environmental review is intended to eliminate duplication in processes and requirements. The legislature recognized that consistency analysis and determinations of whether environmental impacts have been adequately addressed involve many of the same studies and analyses. SEPA substantive authority should not be used to condition or deny a permit for those impacts adequately addressed by the applicable development regulations.

The primary role of environmental review under SEPA at the project level is to focus on those environmental impacts that have not been addressed by a GMA county's/city's development regulations and/or comprehensive plan adopted under chapter 36.70A RCW, or other local, state, and federal laws and regulations. SEPA substantive authority should only be used when the impacts cannot be adequately addressed by existing laws. As consistency analysis involves the application of development regulations and/or the comprehensive plan to a specific project, it will also help answer the question of whether a project's environmental impacts have been adequately addressed by the regulations and/or plan policies.

During project review, a GMA county/city may determine that some or all of the environmental impacts of the project have been addressed by its development regulations, comprehensive plan, or other applicable local, state, or federal laws or rules (RCW 43.21C.240 and WAC 197-11-158). The GMA county/city may make this determination during the course of environmental review and preparation of a threshold determination (including initial consistency review), if the impacts have been adequately addressed in the applicable regulations, plan policies, or other laws. "Adequately addressed" is defined as having identified the impacts and avoided, otherwise mitigated, or designated as acceptable the impacts associated with certain levels of service, land use designations, development standards, or other land use planning decisions required or allowed under the GMA. Once a determination has been made that an impact has been adequately addressed, the jurisdiction may not require additional mitigation for that impact under its SEPA substantive authority.

Thus, through the project review process:

(1) If the applicable regulations require studies that adequately analyze all of the project's specific probable adverse environmental impacts, additional studies under SEPA will not be necessary on those impacts;

(2) If the applicable regulations require measures that adequately address such environmental impacts, additional measures would likewise not be required under SEPA; and

(3) If the applicable regulations do not adequately analyze or address a proposal's specific probable adverse environmental impacts, SEPA provides the authority and procedures for additional review. (Note to RCW 43.21C.240.)

History

Statutory Authority: RCW 36.70B.040. WSR 01-13-039, § 365-197-030, filed 6/13/01, effective 7/14/01.

Wash. Admin. Code § 365-197-040 Definition and review of project consistency.

(1) "Project consistency" refers to whether a project is consistent with adopted and applicable development regulations, or in their absence, comprehensive plans adopted under chapter 36.70A RCW.

(2) Project review for consistency is not subject to the provisions of this chapter for regulations or plans that:

(a) Do not exist or have not been adopted under chapter 36.70A RCW; or

(b) Do not apply to the particular project (e.g., no need to review compliance with flood plain ordinances if the site is not in a flood plain).

(3) The adopted and applicable development regulations/plans that apply to a project fall into four basic categories, which are defined in different levels of detail by GMA counties/cities:

(a) Type of land use;

(b) Level of development (dwelling units per acre or other measures of density);

(d) The other characteristics of the development (how the project is sited or otherwise built and operated from a growth management/land use and environmental perspective).

(4) Reviewing consistency in these four categories will be largely a code-checking exercise for relatively simple or routine projects in GMA counties/cities with specific development regulations, while more complex projects or projects that affect critical areas may require more analysis.

History

Statutory Authority: RCW 36.70B.040. WSR 01-13-039, § 365-197-040, filed 6/13/01, effective 7/14/01.

Wash. Admin. Code § 365-197-050 Criteria to analyze consistency of project actions.

(1) In considering the four basic categories of project consistency, it may not be clear on initial review whether a project is consistent with a particular applicable development regulation, or in its absence, the comprehensive plan. The following criteria, in the form of questions, are intended to assist cities/counties, applicants, and reviewers in analyzing for consistency.

(a) Type of land use: Is the project's proposed land use within the range of allowable uses identified for this site in the comprehensive plan/development regulation? This would include uses that may be allowed under certain circumstances if they satisfy approval criteria, for example, planned unit developments, conditional uses, or special uses.

(b) Level of development: Is the project's proposed land use within the range of densities, including dwelling units per acre or other measures of intensity, as defined in the comprehensive plan/development regulations? Other measures of intensity may include, but are not limited to, such measures as square footage of nonresidential development, number of employees, or floor area ratio.

(c) Infrastructure: Are the system-wide public facilities and services necessary to serve the development available? To make this decision, the local jurisdiction should ask:

(i) Is the system-wide infrastructure sufficient to serve the development? (If yes, no need to ask the next question.)

(ii) Have any system improvements needed for the proposed development and site:

(A) Been identified as necessary to support development in the comprehensive plan; and

(B) Had provision for funding in the comprehensive plan (e.g., capital facilities plan, utilities element, transportation improvement plan)? Alternatively, can the applicant demonstrate capacity, e.g., through a certificate of concurrency process? (If yes, no need to ask the next question.)

(iii) Will the proposed project use more capacity than the usage or assumptions on which the capital facilities plan, utilities element, or transportation improvement plan were based, or will the project cause current service levels to fall below level of service standards identified in the comprehensive plan? (If yes, does the applicant want to pay for the improvements or allow the GMA county/city to docket the issue for future plan amendment?)

(d) Characteristics of development: Does the proposed project:

(i) Meet or fall within the range of numerical standards that apply? (Examples of numerical standards may include, but are not limited to, number of dwelling units per acre, floor area ratio, building setbacks, building height, lot size, lot coverage, minimum width and depth for new lots, parking requirements, and density/intensity bonuses or incentives. In applying some of these standards, some overlap may occur with the analysis for level of development, i.e., units per acre and floor area ratio.)

(ii) Promote or not substantially conflict with narrative standards that apply? (Examples of narrative standards include performance standards, engineering or design criteria, methods for determining compliance such as monitoring or contingency plans, and mandatory policies or criteria.) Analysis of consistency with narrative standards may be contingent upon preparation, completion, and approval of required studies, plans, determinations, or monitoring (e.g., delineation of critical areas, mitigation plans, etc.).

(e) For purposes of this section, "system-wide" infrastructure means those public services or facilities that may be needed to serve a geographic area greater than the specific site on which the project is located. For example, sewer systems, water systems, or transportation systems that serve a geographic area beyond the project site. Public services or facilities that are not system-wide and may be needed on or near a proposed project (such as drainage facilities, utility connections or transportation improvements to primarily serve the project) should be addressed through analysis of the characteristics of development.

(2) Analysis of project consistency should take into consideration regulatory standards and policies that provide a method to reconcile a project's proposed type of development, level of development, infrastructure needs, or characteristics of development with development regulation and/or comprehensive plan requirements. Such provisions include, but are not limited to, variance and conditional use procedures, innovative land use techniques, developer funding for infrastructure construction or improvements, and project-specific mitigation measures.

(3) If the information needed to analyze project consistency does not exist in the applicable development regulations or comprehensive plan, the county or city should determine whether a deficiency exists pursuant to WAC 365-197-060.

History

Statutory Authority: RCW 36.70B.040. WSR 01-13-039, § 365-197-050, filed 6/13/01, effective 7/14/01.

Wash. Admin. Code § 365-197-060 Definition of plan "deficiency" identified in project review and how such deficiencies should be docketed.

(1) Project review may continue under SEPA and other applicable laws, if, during project review, a GMA county/city identifies a deficiency in the applicable development regulations or the policies in the comprehensive plan. The identified deficiency shall be docketed for possible future development regulation or plan amendments. The applicant may proceed as provided in subsection (4)(c) of this section. The project review process shall not be used as a comprehensive planning process. Docketed deficiencies shall be considered through the normal amendment process for comprehensive plans or development regulations.

(2) "Deficiency" in a development regulation or comprehensive plan refers to the absence of required or potentially desirable1 contents of a comprehensive plan or development regulation. It does not refer to whether a development regulation adequately addresses a project's probable specific adverse environmental impacts, which the permitting agency could mitigate in the normal project review process. Some project-specific impacts could be identified that the agency will need to or prefer to address at the project level rather than in the comprehensive plan or development regulations.

For purposes of docketing, use of the term "deficiency" shall not mean that a comprehensive plan or development regulation adopted by a county or city under chapter 36.70A RCW is invalid or out of compliance with chapter 36.70A RCW. Docketing is intended to allow and encourage GMA counties/cities to improve their plans and regulations as a result of experience in reviewing projects, but without stopping review of the project that may have disclosed the "deficiency."

(3) A project should not be found to be inconsistent with applicable regulations or the plan if the inconsistency is the result of a deficiency of one of the four criteria for project consistency. The deficiency should be docketed for possible future regulation or plan amendments, and the project proponent can proceed with either of the options provided in subsection (4) of this section.

(4) If all of the information to analyze consistency does not exist in the regulations or plan, the absent policy or regulatory information should be docketed for possible future regulation or plan amendments. At this point the applicant may:

(a) Await docketing and decision on the proposed amendment to address the deficiency before proceeding with the project review process; or

(b) Proceed with the project review process under SEPA and other applicable laws.

History

Statutory Authority: RCW 36.70B.040. WSR 01-13-039, § 365-197-060, filed 6/13/01, effective 7/14/01.

Wash. Admin. Code § 365-197-070 Appeals of consistency.

(1) When and how appeals of consistency may fit into a GMA county's/city's appeal process depends upon the individual jurisdiction's project review and appeals process. Nothing in this section requires documentation or dictates a GMA county's/city's procedures for considering consistency.

(2) Fundamental land use planning decisions made in comprehensive plans and development regulations should not be revisited at the project level. During project review, the local government or any subsequent reviewing body shall not reexamine alternatives to or hear appeals on the planning decisions specified in subsection (3)(a) through (c) of this section, except for issues of code interpretation. The planning decisions in subsection (3)(a) through (c) of this section are a subset of the four basic categories of criteria for analyzing project consistency under WAC 365-197-050 (1)(a) through (d). The planning decisions in subsection (3)(a) through (c) of this section are identified in RCW 36.70B.030(2) as decisions that are determinative and cannot be reexamined at the project level if they have been addressed in the development regulations and/or comprehensive plan. As project review includes environmental review, the local government or subsequent reviewing body shall not reexamine or hear appeals on how the environmental impacts of those planning decisions in subsection (3)(a) through (c) of this section were addressed under chapter 43.21C RCW. However, if environmental information is required to analyze project consistency under subsection (3)(a) through (c) of this section and that information is not available, the decision may still be challenged under SEPA.

(3) During project review, a GMA county/city or any subsequent reviewing body shall determine whether the items listed in (a) through (c) of this subsection are defined in the development regulations applicable to the proposed project or, in the absence of applicable regulations, the adopted comprehensive plan under chapter 36.70A RCW. At a minimum, such applicable regulations or plans shall be determinative of the:

(a) Type of land use permitted at the site, including uses that may be allowed under certain circumstances, such as planned unit developments and conditional and special uses, if the criteria for their approval have been satisfied;

(b) Density of residential development in urban growth areas, including densities that may be allowed under certain circumstances, such as planned unit developments and density bonuses;

(i) That are needed to serve the proposed development;

(ii) That are identified in the comprehensive plan; and

(iii) For which the plan or development regulations identify the probable sources of funding, as required by chapter 36.70A RCW.

(4) Upon a determination of consistency of the project with the planning decisions in subsection (3)(a) through (c) of this section, no further analysis of the project with respect to those items will be required. However, because the planning decisions in subsection (3)(a) through (c) of this section do not include all of the project review criteria in WAC 365-197-050 (1)(a) through (d), further analysis may be required to apply the remaining criteria listed in WAC 365-197-050 (1)(a) through (d) that are not addressed in the planning decisions in subsection (3)(a) through (c) of this section. For example, analysis of residential densities outside the urban growth area or the character of development may still need to be addressed.

(5) For purposes of this section, "code interpretation" includes the correct application of the applicable regulations or plan to the project. As part of its project review process, each GMA county/city must adopt procedures for obtaining a code interpretation pursuant to RCW 36.70B.030(3) and 36.70B.110(11). A GMA county/city may provide a formal or informal process for code interpretation. The GMA county or city or subsequent reviewing body may consider comments on the application of regulations or the plan to the project without requiring a formal code interpretation.

(6) As provided above, agencies should not be revisiting fundamental land use planning decisions made in comprehensive plans and development regulations at the project level. However, nothing is this chapter limits the authority of a permitting agency to approve, condition, or deny a project as provided in its development regulations adopted under chapter 36.70A RCW and in its SEPA substantive policies adopted under RCW 43.21C.060. An agency may still use its authority under adopted development regulations or SEPA substantive policies to condition a project. For example, an agency may condition a project to reduce neighborhood traffic or traffic impacts, which could have the effect of reducing the level of development otherwise permitted by zoning ordinance.

History

Statutory Authority: RCW 36.70B.040. WSR 01-13-039, § 365-197-070, filed 6/13/01, effective 7/14/01.

Wash. Admin. Code § 365-197-080 An agency may deny a project based upon consistency analysis.

(1) An agency has the authority to deny a project if it:

(a) Is inconsistent and does not comply with the applicable development regulations, or in their absence, the adopted comprehensive plan;

(b) Will result in significant adverse environmental impacts which cannot be mitigated per RCW 43.21C.060 and WAC 197-11-660; or

(c) Does not comply with other local, state, or federal law and rules, and the local jurisdiction has the authority to deny based upon these other laws and rules.

(2) This rule is not intended to modify any criteria developed by a GMA county/city for denying a project.

History

Statutory Authority: RCW 36.70B.040. WSR 01-13-039, § 365-197-080, filed 6/13/01, effective 7/14/01.

Chapter 365-198 Interlocal terms and conditions for the transfer of development rights.

Wash. Admin. Code § 365-198-010 Authority and purpose.

(1) Chapter 43.362 RCW establishes a regional transfer of development rights program in central Puget Sound, including King, Pierce, Kitsap, and Snohomish counties and the cities and towns within these counties. A transfer of development rights program is a market-based exchange mechanism that encourages the voluntary transfer of development rights from sending areas that a community wants to conserve to receiving areas where growth and the infrastructure to support growth are planned. Participation in the regional transfer of development rights program by counties, cities and towns is optional.

(2) The purpose of this chapter is to make it easy to transfer development rights from counties to cities and towns in the regional transfer of development rights program. The purpose of the regional transfer of development rights program is to conserve resource, rural and other land prioritized for conservation consistent with RCW 43.362.040 and county transfer of development right programs, and to encourage growth in cities and towns consistent with the state Growth Management Act under chapter 36.70A RCW.

(3) The purpose of this chapter is to adopt by rule terms and conditions of an interlocal agreement for transfers of development rights between counties, cities, and towns. Counties, cities, and towns participating in the regional transfer of development rights program have the option of adopting the terms and conditions by reference to transfer development rights across jurisdictional boundaries as an alternative to entering into an interlocal agreement under chapter 39.34 RCW. If a city or county chooses to adopt the terms and conditions provided in this rule, nothing in this chapter prohibits the city or county from adopting additional terms and conditions in the adopting ordinance or resolution.

(4) This chapter shall be deemed to provide an alternative method to an interlocal agreement for transferring development rights between a county and city or town under the regional transfer of development rights program, and shall not be construed as imposing any additional condition upon the exercise of any other powers vested in counties, cities and towns. Nothing in this chapter prohibits a county, city, or town from entering into an interlocal agreement under chapter 39.34 RCW to transfer development rights under the regional program.

History

Statutory Authority: RCW 43.362.050. WSR 10-18-066, § 365-198-010, filed 8/30/10, effective 9/30/10.

Wash. Admin. Code § 365-198-020 Applicability.

(1) This chapter applies to transfers of development rights between King, Pierce, Kitsap and Snohomish counties and the cities and towns within these counties. This chapter only applies to transfers from county designated sending areas consistent with RCW 43.362.040 to city or town designated receiving areas. Transfers of development rights may be between any county and any city or town within the four-county region. A transferring county shall consult in good faith with the county in which a city is located in regards to transfers of development rights between counties and cities, and the subsequent designated receiving area and receiving area ratio in the city or town.

(2) Utilization of this chapter for transfers of development rights between King, Pierce, Kitsap and Snohomish counties and the cities and towns within these counties is optional.

(3) Prior to using this chapter for transfers of development rights, a county must adopt transfer of development rights policies or regulations that designate sending areas consistent with RCW 43.362.040 and procedures to implement the regional transfer of development rights program.

(4) Prior to using this chapter for receiving development rights, a city or town must adopt policies or regulations that designate receiving areas and state the receiving area ratio or ratios for rights to be received.

(5) The terms and conditions that are adopted by reference by a city or town in sections 4 and 6 are not binding on the city or town unless the transferring county has also adopted required language in sections 5 and 6 by reference. Conversely, the terms and conditions that are adopted by reference by a transferring county in sections 5 and 6 are not binding on the county unless the receiving city or town has also adopted required language in sections 4 and 6 by reference.

History

Statutory Authority: RCW 43.362.050. WSR 10-18-066, § 365-198-020, filed 8/30/10, effective 9/30/10.

Wash. Admin. Code § 365-198-030 Definitions.

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Department" means the department of commerce.

(2) "Development rights credit" means the tradable good representing development rights. Development rights credits are purchased and sold, either on the open market or through a transfer of development rights bank. For sending site landowners, credits are assigned and certified by the transferring county based on the number of development rights assigned to their property pursuant to the county's transfer of development rights program. For developers, credits are based on the receiving area ratio.

(3) "Receiving area ratio" means the number or character of development rights that are assigned to a development right for use in a receiving area. Development rights in a receiving area may be used at the discretion of the receiving area jurisdiction, including but not limited to additional residential density, additional building height, additional commercial floor area, or to meet regulatory requirements. The receiving area jurisdiction exercises its discretion regarding the use of development rights when it adopts policies or regulations to allow the use of development rights.

(4) "Receiving areas" are lands within and designated by a city or town in which transferable development rights from the regional transfer of development rights program established by this chapter and certified by the transferring county may be used.

(5) "Receiving cities and towns" mean the cities and towns that have chosen to participate in the regional transfer of development rights program by receiving development rights pursuant to RCW 43.362.060.

(6) "Regional transfer of development rights program" means the regional transfer of development rights program established by RCW 43.362.030 in central Puget Sound, including King, Pierce, Kitsap, and Snohomish counties and the cities and towns within these counties.

(7) "Sending area" includes those lands designated by the county as sending areas from which transferable development rights can be sold, and that meet conservation criteria as described in RCW 43.362.040 as follows:

(a) Land designated as agricultural or forest land of long-term commercial significance;

(b) Land designated rural that is being farmed or managed for forestry;

(d) Land that is in current use as a manufactured/mobile home park as defined in chapter 59.20 RCW.

(8) "Sending area ratio" means the number of development rights that a sending area landowner can sell per the transferring county's transfer of development rights program.

(9) "Transfer of development rights" includes methods for protecting land from development by voluntarily removing the development rights from a sending area and transferring them to a receiving area for the purpose of increasing development density or intensity in the receiving area.

(10) "Transfer of development rights bank" means an entity operated by a county or other public agency or private organization for the purpose of buying, selling, and holding development rights or facilitating private development right transactions between landowners and developers.

(11) "Transferable development right" means a right to develop one or more residential units, including fractions of residential units, in sending areas that have been certified by the transferring county, and can be sold and transferred for use consistent with:

(a) A transferring county's adopted program and the regional transfer of development rights program; and

(b) A receiving ratio adopted by the city or town for development in a designated receiving area.

(12) "Transferring county" means the county that has agreed to participate in the regional transfer of development rights program pursuant to RCW 42.362.060.

History

Statutory Authority: RCW 43.362.050. WSR 10-18-066, § 365-198-030, filed 8/30/10, effective 9/30/10.

Wash. Admin. Code § 365-198-040 Terms and conditions for cities and towns.

(1) Cities and towns that choose to the use this chapter as an alternative to an interlocal agreement must adopt the following terms and conditions by reference to this chapter in an ordinance or resolution:

(a) The city or town has adopted policies or regulations for receiving areas per attached ordinance(s) or resolution(s);

(b) Upon good faith consultation with the transferring county, and the county from within which the city is located, the city or town has designated receiving areas in the city or town within which transferable development rights or development rights credits may be used per attached ordinance(s) or resolution(s);

(c) Upon good faith consultation with the transferring county, and the county from within which the city is located, the city or town has adopted receiving area ratio or ratios for the transferable development rights or development rights credits to be received per attached ordinance(s) or resolution(s);

(d) The city or town, in consultation with the county from within which the city or town is located and the transferring county, shall develop a process to notify the transferring county when it has approved the use of transferable development rights or development rights credits for a specific project in the designated receiving area to allow the transferring county to track and extinguish credits as they are used. For purposes of this chapter, a city's or town's approval under this subsection occurs when the city or town planning department has issued the first building permit for a project using development rights credits. Prior to development approval, the city or town shall consult with the transferring county to ensure the development rights credit or credits proposed for development use in the designated receiving area are valid. The county shall respond to the city or town as to whether the development rights credits are valid within a reasonable time; and

(e) The city or town shall work with the transferring county and the department to identify performance measures consistent with RCW 43.362.070 to report to the transferring county and the department.

(2) Optional terms that a city or town may adopt verbatim or by reference are:

(a) Upon good faith consultation with the transferring county, the city or town shall identify the sending areas from which the city or county agrees to accept transferable development rights.

(b) The city or town has estimated the capacity for development with transferable development rights (or development rights credits) from the transferring county per attached ordinance(s) or resolution(s).

(c) The city or town shall establish and operate a transfer of development rights bank to purchase, sell, and hold development rights.

History

Statutory Authority: RCW 43.362.050. WSR 10-18-066, § 365-198-040, filed 8/30/10, effective 9/30/10.

Wash. Admin. Code § 365-198-050 Terms and conditions for counties.

(1) Counties that choose to use this chapter as an alternative to an interlocal agreement must adopt the following terms and conditions by reference to this chapter in an ordinance or resolution:

(a) The county has adopted policies, regulations and administrative procedures to implement the regional transfer of development rights program, including but not limited to:

(i) Facilitating and promoting the qualification and certification of transferable development rights to eligible property owners for the sale of their transferable development rights from properties in the county's designated sending areas consistent with RCW 43.362.040;

(ii) Establishing procedures to facilitate the sale of transferable development rights or development rights credits; and

(iii) Establishing procedures to require, maintain, and enforce deed restrictions on a sending site from which transferable development rights or development rights credits are purchased in order to prohibit those sites from being developed in violation of deed restrictions.

(b) The county shall notify receiving cities and towns by December 31 of each year the number of available development rights credits remaining in designated sending areas.

(i) If the city or town, in consultation with the transferring county, has identified the sending area or areas from which it has agreed to accept transferable development rights the notification shall indicate the number of credits remaining in that sending area for the respective city or town.

(ii) If the county administers a transfer of development rights bank, annual notification of transactions shall be provided.

(2) Optional terms that a county may adopt by reference to this chapter in an ordinance or resolution:

(a) The county shall establish and operate a transfer of development rights bank to purchase, sell, and hold development rights.

(b) The county shall facilitate private transferable development rights transactions between willing sellers and buyers.

History

Statutory Authority: RCW 43.362.050. WSR 10-18-066, § 365-198-050, filed 8/30/10, effective 9/30/10.

Wash. Admin. Code § 365-198-060 Joint terms and conditions for counties, cities and towns.

Counties, cities, and towns that choose to use this chapter as an alternative to an interlocal agreement must adopt the following joint terms and conditions by reference to this chapter in an ordinance or resolution:

(1) The county and city or town shall establish an evaluation and monitoring program based on quantitative and qualitative performance measures developed by the department for monitoring the regional transfer of development rights program under RCW 43.362.070.

(2) The county and city or town shall enter into a dispute resolution process through mediation, with an agreed upon mediator and process, if agreement cannot be reached regarding interpretation or implementation of any terms and conditions in this chapter adopted by reference. The parties shall use the mediation process in good faith to attempt to come to agreement early in the process, and prior to any appeals or litigation that they might otherwise be entitled to bring.

(3) The terms and conditions in this chapter adopted by reference shall become effective on the effective date of the adopting ordinance or resolution.

(4) The county, city or town may repeal the provisions of this chapter adopted by reference upon ninety days' written notice by the transferring county to the cities or towns or by cities and towns to the transferring county if:

(a) The city or town's development regulations allowing the use of development rights credits, or the provisions of the county's development regulations allowing transfer of development rights to cities are held invalid by any court of competent jurisdiction in a final judgment no longer subject to appeal; or

(b) The county, city or town materially defaults in the performance of the obligations as set forth in provisions of this chapter adopted verbatim or by reference, and fails to cure the default within thirty days' of receipt of written notice from the county, city or town.

(5) A city or town's repeal of the terms and conditions in this chapter adopted by reference shall not affect the use of development rights credits previously certified by the county. Development credits certified by the county prior to repeal by the city or town that have not been used in the city or town's receiving area may be used in the county's or another city or town's designated receiving area.

(6) The city or town shall indemnify and hold harmless the transferring county and its officers, agents and employees or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by reason or arising out of any negligent action or omission of the city or town, its officers, agents, and employees, or any of them, in performing obligations pursuant to this chapter. In the event that any suit based upon such a claim, action, loss, or damage is brought against the county, the city or town shall defend the same at its sole cost and expense, provided that the transferring county retains the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment be rendered against the transferring county and its officers, agents, employees, or any of them, or jointly against the city or town and transferring county and their respective officers, agents, and employees or any of them, the city or town shall satisfy the same.

(7) The transferring county shall indemnify and hold harmless the city or town and its officers, agents and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by reason or arising out of any negligent action or omission of the transferring county, its officers, agents, and employees, or any of them, in performing obligations pursuant to this chapter. In the event that any suit based upon such a claim, action, loss, or damage is brought against the city or town, the transferring county shall defend the same at its sole cost and expense, provided that the city or town retains the right to participate in said suit if any principle of governmental or public law is involved, and if final judgment be rendered against the city or town and its officers, agents, and employees, or any of them, or jointly against the city or town and county and their respective officers, agents, and employees, or any of them, the county shall satisfy the same.

(8) The county and city or town acknowledge that if the claims, actions, suits, liability, loss, costs, expenses and damages referenced in subsections (6) and (7) of this section are caused by or result from the concurrent negligence of the city or town, its agents, employees, and/or officers and the county, its agents, employees, and/or officers, the provisions of this chapter adopted by reference shall be valid and enforceable only to the extent of the negligence of each party, its agents, employees and/or officers.

History

Statutory Authority: RCW 43.362.050. WSR 10-18-066, § 365-198-060, filed 8/30/10, effective 9/30/10.

Wash. Admin. Code § 365-198-070 Template for adopting terms and conditions.

The department shall provide an ordinance or resolution template for adopting terms and conditions verbatim by reference consistent with this chapter for use by counties, cities and towns participating in the regional transfer of development rights program.

History

Statutory Authority: RCW 43.362.050. WSR 10-18-066, § 365-198-070, filed 8/30/10, effective 9/30/10.

Chapter 365-199 Procedures for making determinations of compliance for jurisdictions seeking voluntary reversion to partial planning status, certification of an empirical parking study, and certification and approval of alternative pathways to the density requirements in RCW 36.70A.635(1).

Wash. Admin. Code § 365-199-010 Purpose and authority.

The purpose of this chapter is to outline the procedures the department shall use when making a determination of compliance under RCW 36.70A.060 (1)(d), substantially similar approval under RCW 36.70A.636, certification of extension for areas at risk of displacement under RCW 36.70A.637, certification of extension for specific areas lacking infrastructure capacity under RCW 36.70A.638 and certification of empirical parking studies under RCW 36.70A.635 and 36.70A.681.

History

Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 25-17-058, s 365-199-010, filed 8/15/25, effective 9/15/25. Statutory Authority: RCW 36.70A.060 (1)(d)(v). WSR 15-19-087, § 365-199-010, filed 9/16/15, effective 10/17/15.

Wash. Admin. Code § 365-199-020 Definitions.

"Department" means department of commerce.

History

Statutory Authority: RCW 36.70A.060 (1)(d)(v). WSR 15-19-087, § 365-199-020, filed 9/16/15, effective 10/17/15.

Wash. Admin. Code § 365-199-030 Review and application process.

(1) A county that is not in compliance with RCW 36.70A.060, 36.70A.040(4), 36.70A.070(5), 36.70A.170, and 36.70A.172 at the time it adopts a resolution for voluntary reversion, under RCW 36.70A.060 (1)(d) must apply to the department for a determination of compliance.

(2) Notice of intent to apply for a determination of compliance.

(a) Not less than one hundred twenty days prior to applying for a determination of compliance, the county must notify the department in writing that it intends to apply for a determination of compliance. Prior notification allows the department to review proposed actions prior to final adoption and advise the county of the actions necessary to achieve compliance.

(b) The notice of intent to apply for a determination of compliance must include:

(i) A statement of all of the issues in which the county is not in compliance with the requirements of the Growth Management Act.

(ii) If applicable, a list of final orders, including number in which the growth management hearings board or court found the county not in compliance with the requirements of the Growth Management Act.

(iii) A proposed schedule identifying the actions necessary to come into compliance.

(iv) Identification of the date which the county intends to apply for a determination of compliance.

(c) The department will consult with state agencies with expertise that would be helpful in making its determination of compliance.

(d) Public notice of intent to apply for determination of compliance.

(i) The department will publish notice in the Washington State Register that a county has notified the department of its intent to request certification.

(ii) The department will post a copy of the notice of intent to apply for a determination of compliance on the department website.

(iii) The department will notify state agencies with expertise that a county has notified the department of its intent to apply for a determination of compliance.

(iv) The department will notify the parties of record in the case or cases before the growth management hearings board that resulted in the finding of noncompliance for which the county is seeking a determination of compliance.

(3) Procedures for an application of determination of compliance.

(a) After taking the legislative action necessary to address the outstanding noncompliance issues, the county may apply to the department for a determination of compliance. A county must submit its application to the department by January 30, 2017.

(b) An application for a determination of compliance must include, at a minimum, the following items:

(i) A cover letter from the board of county commissioners requesting a determination of compliance;

(ii) A copy of the adopted ordinance or resolution taking the legislative action or actions required to comply with RCW 36.70A.040(4), 36.70A.070(5), 36.70A.170, and 36.70A.172;

(iii) A statement of actions the county has taken to address the growth management hearings board's or court's final order or orders; and how the actions taken are sufficient to address the remaining noncompliance orders; and

(iv) A copy of the record developed by the county during the process of coming into compliance. The record of adoption must include copies of any public testimony submitted at the hearings required by (c) of this subsection;

(c) The actions necessary to come into compliance must include at a minimum, one hearing and opportunity for public comment on a statement of the issues on which the county is out of compliance, and one hearing and opportunity to comment on the changes proposed to bring the county into compliance.

(4) Compliance determination procedures.

(a) The department must approve or deny the application within one hundred twenty days, or by June 30, 2017, whichever date is earlier.

(b) The department will issue its decision in the form of a written statement, including findings of fact and conclusions, and noting the date of the issuance of its decision.

(i) Notify the county in writing of its determination;

(ii) Publish a notice of action in the Washington State Register;

(iii) Post a notice of its decision on the agency website;

(iv) Notify state agencies with expertise with which department consulted regarding the determination of compliance;

(v) Notify parties of record in the case or cases before the growth management hearings board that resulted in the finding of noncompliance for which the county is seeking a determination of compliance.

(5) If the department denies an application for a determination of compliance, the county and each city within is obligated to comply with all requirements of this chapter and the resolution for partial planning adopted under RCW 36.70A.040 (2)(b) is no longer in effect.

History

Statutory Authority: RCW 36.70A.060 (1)(d)(v). WSR 15-19-087, § 365-199-030, filed 9/16/15, effective 10/17/15.

Wash. Admin. Code § 365-199-040 Evaluation criteria.

Criteria for evaluation of applications.

(1) The determination of compliance requires a finding that the county's comprehensive and development regulations, including critical areas regulations, are in compliance with the requirements of RCW 36.70A.040(4), 36.70A.060, 36.70A.070(5), 36.70A.170, and 36.70A.172.

(2) The scope of the department's review is limited to outstanding findings of noncompliance established in an order from the growth management hearings board or court. Issues or provisions of the ordinance that were found in compliance, or were not timely challenged at the time of adoption, are not subject to review by the department.

(3) The department must base its decision on the record developed by the county during the process of coming into compliance.

History

Statutory Authority: RCW 36.70A.060 (1)(d)(v). WSR 15-19-087, § 365-199-040, filed 9/16/15, effective 10/17/15.

Wash. Admin. Code § 365-199-050 Sharing of appeal costs.

(1) If the department approves an application for determination of compliance, the department and the county must equally share the costs incurred by the department for defending an approval of determination of compliance that is before the growth management hearings board.

(2) If the department denies an application for determination of noncompliance, the county is not required to share in the cost of defending the agency action.

History

Statutory Authority: RCW 36.70A.060 (1)(d)(v). WSR 15-19-087, § 365-199-050, filed 9/16/15, effective 10/17/15.

Wash. Admin. Code § 365-199-060 Approval of substantially similar alternative action.

(1) A city seeking approval of an alternative action as provided for in RCW 36.70A.636 (3)(b) or (c) must make a request for such approval to the department.

(2) Notice of intent to apply for approval of an alternative action.

(a) The city must notify the department in writing that it intends to apply for approval of an alternative action at least 30 calendar days prior to formal submittal of the request. Prior notification allows the department to be aware of a request in advance, anticipate the need to consult with state and other agencies and, if needed, provide technical assistance to the city on required submittal materials.

(b) The city's notice of intent to apply for approval of an alternative action must include:

(i) Notice of intent application form;

(ii) A statement of whether the request is being made subject to RCW 36.70A.636 (3)(b) or (c);

(iii) Identification of the ordinance(s), plan(s), documents and other materials the city intends to submit to support its request for the department's approval, as best known at the time of submitting the notice of intent;

(iv) The geographic area(s) for which the approval request will be made, as best known at the time of submitting the notice of intent; and

(v) A summary of the status of the analysis being performed to support the application.

(3) Public notice of intent to apply for a request for approval of an alternative action.

(a) The department will publish notice in the Washington State Register that a city has notified the department of its intent to request an approval.

(b) The department will post a copy of the notice of intent to apply for an approval on the department website.

(c) The department will notify state agencies with expertise that a city has notified the department of its intent to apply for an approval.

(4) Procedures for an application of approval.

(a) A formal application for an approval of an alternative action must include, at a minimum, the following items:

(i) Formal application form;

(ii) A cover letter from the city requesting the approval or determination, and stating which alternative action under RCW 36.70A.636(3) the application addresses. The cover letter must also identify the timeline for implementing middle housing development regulations;

(iii) If applicable, a copy of or link to the adopted comprehensive plan and zoning regulation ordinances and any other adopted documents that the city is using to demonstrate that the alternative action taken meets the requirements of findings in RCW 36.70A.636(3);

(iv) An application narrative, to include:

(A) A general discussion of the request; and

(B) For approval requests being made under RCW 36.70A.636 (3)(b) or (c), how the proposed alternative action:

(I) Allows middle housing throughout the city, rather than just in targeted locations;

(II) Provides additional density near major transit stops, and allows for projects that incorporate dedicated affordable housing; and

(III) Shows that the city's adopted comprehensive plan and permanent development regulations result in an overall increase in housing units allowed in single-family zones that is at least 75 percent of the increase in housing units allowed in single-family zones if the applicable provisions of RCW 36.70A.635 were adopted;

(v) The application must be supported by calculations comparing housing units allowed under the alternative action to housing units allowed were the applicable provisions of RCW 36.70A.635 adopted;

(vi) In performing these calculations, consideration should be given to housing element technical guidance documents prepared by the department for housing element land capacity analysis; and

(vii) Map(s) showing the area subject to the requirements of RCW 36.70A.635 in comparison to the area being identified for the alternative action requested under RCW 36.70A.636(3). The map(s) must show:

(A) Major transit stops, if any;

(B) How the comprehensive plan and development regulations allow for additional density near major transit stops, if any;

(C) How the comprehensive plan and development regulations allow for middle housing throughout the city, rather than just in targeted locations; and

(D) How the comprehensive plan and development regulations allow for projects that incorporate dedicated affordable housing.

(viii) Any additional information that the city believes supports the alternative action approval request.

(b) In addition to the requirements listed above, the department may determine that the combined impact of the adopted comprehensive plan and development regulations are substantially similar to the requirements of RCW 36.70A.635 even if the submittal does not demonstrate the criteria listed in (a)(iv)(B) of this subsection. This determination can only be made if the city jurisdiction can clearly demonstrate that the development regulations adopted by the jurisdiction city will allow for a greater increase in middle housing production within single-family zones than would be allowed through implementation of RCW 36.70A.635.

(c) The department may request additional information or seek clarification of the materials submitted anytime during the 60 calendar day review period.

(5) Approval determination procedures.

(a) The department must approve or deny the application within 60 calendar days of receiving a city's complete request for approval of alternative action. An application is complete when the department has received all the required information identified in subsection (4) of this section including all additional information requested by the department.

(b) The department may at its sole discretion extend the deadline up to an additional 60 calendar days.

(c) The department will issue its decision in the form of a written statement, including findings of fact and conclusions, and noting the date of the issuance of its decision.

(d) The department shall publish its decision on the application as follows:

(i) Notify the city in writing of its determination;

(ii) Publish a notice of action in the Washington State Register;

(iii) Post a notice of its decision on the department website; and

(iv) Notify state agencies with expertise with which department consulted and received substantive comments from regarding the request for approval.

(v) For the purposes of RCW 36.70A.290 the date of publication is the date the notice of decision is published on the Washington State Register.

(e) The determination of approval requires a finding that the city's alternative action:

(i) Results in an overall increase in housing units allowed in single-family zones that is at least 75 percent of the increase in housing units allowed in single-family zones if the specific provisions of RCW 36.70A.635 were adopted; allows for middle housing throughout the city, rather than just in targeted locations; and allows for additional density near major transit stops, and for projects that incorporate dedicated affordable housing; or

(ii) A determination by the department that the regulations adopted by the city will allow for a greater increase in middle housing production within single-family zones than would be allowed through implementation of RCW 36.70A.635.

(f) Any local actions approved by the department pursuant to RCW 36.70A.636 (3)(a) to implement the requirements under RCW 36.70A.635 are exempt from appeals under chapters 36.70A and 43.21C RCW.

(6) The department's final decision is appealable to the growth management hearings board by filing a petition consistent with RCW 36.70A.290.

History

Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 25-17-058, s 365-199-060, filed 8/15/25, effective 9/15/25.

Wash. Admin. Code § 365-199-070 Extension for certain areas at risk of displacement.

(1) As provided for in RCW 36.70A.637, any city choosing the alternative density requirements in RCW 36.70A.635(4) may apply to the department for an extension for areas at risk of displacement as determined by the antidisplacement analysis that the city is required to complete under RCW 36.70A.070(2). The requirement to request an extension under RCW 36.70A.637 shall apply if a city proposes to exclude more than 25 percent of lots primarily dedicated to single-family detached units in the city and if any of those lots are identified at higher risk of displacement in the comprehensive plan. Cities may exclude up to 25 percent of the lots in the city without the department's certification, even if those lots include lots identified at higher risk of displacement in the adopted comprehensive plan. Calculation of the 25 percent must include certain lots identified in RCW 36.70A.635 (4)(b)(i) through (v).

(2) Notice of intent to apply for a certification of an extension for certain areas at risk of displacement:

(a) The city must notify the department in writing of its intention to apply for certification for an extension authorized by RCW 36.70A.637 at least 30 calendar days prior to the submittal of the formal request. Prior notification allows the department to be aware in advance of a request, anticipate the need to consult with state and other agencies and, if needed, provide technical assistance to the city on required submittal materials.

(b) The city's notice of intent to apply for approval of an extension must include:

(i) Application form;

(ii) Identification of the ordinance(s), plan(s), documents and other materials the city intends to submit to support its request for the department's certification, as best known when submitting the notice of intent;

(iii) The geographic areas to which the extension request will be made, as best known at the time of submittal of the notice of intent; and

(iv) A summary of the status of the analysis performed to support the application for approval of an alternative approach to density provision under RCW 36.70A.635(4).

(3) Public notice of intent to apply for certification of a time extension.

(a) The department will publish notice in the Washington State Register that a city has notified the department of its intent to request the certification of a time extension.

(b) The department will post a copy of the notice of intent to apply for certification of a time extension on the department website.

(c) The department will notify state agencies with expertise that a city has notified the department of its intent to apply for certification for a time extension authorized by RCW 36.70A.637.

(4) Procedures for certification of a time extension. A city's application for certification of a time extension authorized by RCW 36.70A.637 must include the following items:

(a) Formal application form;

(b) Cover letter from the city requesting the certification, to include a narrative that identifies areas that may be at higher risk of displacement as well as adopted antidisplacement policies meeting the requirements of RCW 36.70A.070 (2)(g) and (h) using data and community engagement:

(i) For cities with a population of more than 6,000 as of April 1, 2021, the city has a plan for implementing the adopted antidisplacement policies by the next implementation progress report required by RCW 36.70A.130(9) and shows that the risk of displacement for the proposed certified area(s) will be reduced over time; or

(ii) For cities with a population of 6,000 or less as of April 1, 2021, the city has provided a plan for implementing the adopted antidisplacement policies within five years of its most recent periodic review update deadline required under RCW 36.70A.130 and shows that the risk of displacement for the proposed certified area will be reduced over time;

(c) Identification of areas at risk of displacement as determined by the antidisplacement analysis that the city has completed as required by RCW 36.70A.070(2). This includes maps that specify those portions of areas at risk of displacement proposed to be certified for extension;

(d) A plan for how to implement middle housing on the temporarily excluded areas once the antidisplacement policies have been implemented;

(e) The adopted comprehensive plan housing element, and related elements, that include supporting analysis performed by the city to identify areas at high risk of displacement and which identify the city's adopted antidisplacement policies;

(f) Calculations that document that the percentages in RCW 36.70A.635 (4)(a) and (b) for lots in the city primarily dedicated to single-family detached housing units have been met;

(g) The proposed length of time for the extension request; and

(h) Any additional information that the city believes supports the request for certification of an extension.

(5) Certification determination procedures.

(a) The department must approve or deny the application within 60 calendar days of receiving a city's complete request for approval of alternative action. An application is complete when the department has received all the required information identified in WAC 365-199-060(4) including all additional information requested by the department.

(b) The department's action may, at the department's sole discretion, be extended beyond 60 calendar days.

(c) The department will issue its certification decision in the form of a written statement, including findings of fact and conclusions, the length of the extension, and noting the date of the issuance of its decision.

(d) The department will publish its certification decision on the application for determination of compliance as follows:

(i) Notify the city in writing of its determination;

(ii) Publish a notice of action in the Washington State Register;

(iii) Post a notice of its decision on the department's website; and

(iv) Notify state agencies with expertise with which department consulted and received substantive comments from regarding the request for approval.

(v) For the purposes of RCW 36.70A.290, the date of publication is the date the notice of decision is published in the Washington State Register.

(6) Subsequent extensions.

(a) If there is evidence of significant ongoing displacement risk in an area previously certified for a time extension, the department may certify one further time extension.

(b) Notice of intent to apply for an additional time extension request must be made at least six months prior to the expiration date of the original certification.

(c) The application for additional extension certification shall follow the process for an extension as described in this section; except that, the city shall also submit:

(i) Evidence of significant ongoing displacement risk in the impacted area.

(ii) Discussion of the effectiveness of the city's antidisplacement policies adopted under RCW 36.70A.070(2) and revisions to those policies necessary to address the significant ongoing displacement risk in the impacted area.

(7) Extension certification determination procedures.

(a) The department must certify or deny the application within 60 calendar days of receiving a city's complete request for certification of an extension as provided for in RCW 36.70A.637. An application is complete when the department has received all the required information identified in subsections (4) and (6) of this section including all additional information requested by the department.

(b) The department's action may, at the department's sole discretion, extend beyond 60 calendar days.

(c) The department will issue its subsequent time extension certification decision in the form of a written statement, including findings of fact and conclusions, including the length of the extension, and noting the date of the issuance of its decision.

(d) A subsequent extension of time should not exceed the length of the original time extension in years, and should, if certified, be considered the only additional time extension that will be given.

(e) The department will publish its extension certification decision on the application as follows:

(i) Notify the city in writing of its decision;

(ii) Publish a notice of action in the Washington State Register;

(iii) Post a notice of its decision on the department's website; and

(iv) Notify state agencies with expertise with which department consulted and received substantive comments from regarding the request for approval.

(f) If the department denies the request, a city may seek agency review as a brief adjudicative proceeding under RCW 34.05.482 through 34.05.494.

History

Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 25-17-058, s 365-199-070, filed 8/15/25, effective 9/15/25.

Wash. Admin. Code § 365-199-080 Extension for certain areas due to lack of infrastructure capacity.

(1) As provided for in RCW 36.70A.638, any city choosing the alternative density requirements in RCW 36.70A.635(4) may apply to the department for an extension of the implementation timelines established under RCW 36.70A.635(11) due to lack of infrastructure capacity.

The requirement to request an extension under RCW 36.70A.638 shall apply if a city proposes to exclude more than 25 percent of lots primarily dedicated to single-family detached units in the city and if any of those lots lack infrastructure capacity to support the middle housing densities identified in RCW 36.70A.635(1). Cities may exclude up to 25 percent of the lots in the city without the department's certification, even if those lots include lots identified as lacking infrastructure capacity. Calculation of the 25 percent must include certain lots identified in RCW 36.70A.635 (4)(b)(i) through (v). An extension certified under this section may be applied only to specific areas where a city demonstrates that water, sewer, stormwater, transportation infrastructure, including facilities and transit services, or fire protection services lack capacity to accommodate the housing density required in RCW 36.70A.635.

(2) Notice of intent to apply for an extension.

(a) The city must notify the department in writing of its intention to apply for certification for a time extension authorized by RCW 36.70A.638 at least 30 calendar days prior to submittal of the request. Prior notification allows the department to be aware in advance of a request, anticipate the need to consult with state and other agencies and, if needed, provide technical assistance to the city on required submittal materials.

(b) The city's notice of intent to apply for a certification request must include:

(i) Notice of intent to apply application form;

(ii) Identification of the ordinance(s), plan(s), documents and other materials the city intends to submit to support its request for timeline extension certification approval, as best known at the time of the submitting the notice of intent;

(iii) The geographic areas to which the time extension request will be made, as best known at the time of the submitting the notice of intent; and

(iv) A summary of the status of the application for approval of alternative approach to density requirement analysis being performed under RCW 36.70A.635(4).

(3) Public notice of intent to apply for certification of an extension.

(a) The department will publish notice in the Washington State Register that a city has notified the department of its intent to request a time extension certification.

(b) The department will post a copy of the notice of intent to apply for a time extension certification on the department website.

(c) The department will notify state agencies with expertise that a city has notified the department of its intent to apply for certification for a time extension authorized by RCW 36.70A.638.

(4) Procedures for certification of an extension. A city's application for certification for a time extension authorized by RCW 36.70A.638 must include the following items:

(a) Formal application form;

(b) A cover letter from the city requesting the time extension certification;

(c) Identification of the specific area(s) proposed for the timeline implementation extension, with clearly defined boundaries identifying which lots are and are not within the area;

(d) Identification of the specific capital facilities that lack capacity to accommodate the middle housing density required by RCW 36.70A.635(1) that serves as the basis for the time extension request to include:

(i) Documentation that the existing infrastructure for water, sewer, stormwater, transportation infrastructure, including facilities and transit services, or fire protection services, lack the capacity to accommodate minimum residential density required by RCW 36.70A.635(1).

(ii) A list of one or more improvements identified in the capital facilities element to adequately address the capacity needs for the area for which the certification of time extension request is being made. The identified improvements must include planning level cost estimates, and a timeline showing that the improvements are planned within the timeline extension period;

(e) In cases where a special district is responsible for providing the necessary infrastructure:

(i) Identification of the special district and a special district contact person.

(ii) The applicable special district provider's plan documenting the lack of capacity.

(iii) A list of projects identified by the special district associated with the timeline extension certification request;

(f) In cases where an area zoned predominantly for residential use is currently served only by on-site sewage systems, documentation that limiting development to two units per lot would still require a time extension based on lack of infrastructure capacity.

(g) If an extension of the implementation timelines is requested due to lack of water supply, the request must be based on the applicable water system plan(s) in effect and approved by the department of health.

(h) Calculations documenting that the percentages in RCW 36.70A.635 (4)(a) and (b) for lots in the city primarily dedicated to single-family detached housing units have been met during the proposed length of time for the extension request.

(i) Documentation that the city's comprehensive plan and development regulations are consistent with RCW 36.70A.635(1) and 36.70A.638 as well as with applicable growth targets, countywide planning policies, and multicounty planning policies.

(j) Any additional information that the city believes supports the request for approval of a time extension based on a lack of infrastructure capacity.

(5) Certification determination procedures.

(a) The department must approve or deny the application within 60 calendar days of receiving a city's complete request for certification of a time extension. An application is complete when the department has received all the required information identified in subsection (4) of this section including all additional information requested by the department.

(b) The department's action may, at the department's sole discretion, be extended beyond 60 calendar days.

(c) The department will issue its certification decision in the form of a written statement, including findings of fact and conclusions, and noting the date of the issuance of its decision.

(d) The department will publish its time extension certification decision on the application for extension for lack of infrastructure capacity as follows:

(i) Notify the city in writing of its determination;

(ii) Publish a notice of action in the Washington State Register;

(iii) Post a notice of its decision on the department website;

(iv) Notify state agencies with expertise with which department consulted and received substantive comments from regarding the request for approval.

(e) A time extension granted under this section remains in effect until the earliest of:

(i) The infrastructure is improved to accommodate the capacity;

(ii) The city's deadline to complete its next periodic comprehensive plan update under RCW 36.70A.130; or

(iii) The city's deadline to complete its implementation progress report to the department as required under RCW 36.70A.130(9).

(6) Subsequent extensions.

(a) A city that has received a time extension under this section may reapply for any needed extension by:

(i) Its next periodic comprehensive plan update under RCW 36.70A.130; or

(ii) If applicable, its next implementation progress report to the department under RCW 36.70A.130(9).

(b) A notice of intent to apply for an additional time extension request must be made at least six months before the expiration date of the original certification.

(c) The application for an additional time extension shall follow the process and application materials for an extension exemption as described in this section except that the city shall also submit:

(i) An updated list of infrastructure improvements and planning level cost estimates necessary to meet the infrastructure capacity required in RCW 36.70A.635(4).

(ii) Narrative on how the extension only addresses infrastructure deficiency that a city is not reasonably able to address within the first extension as required by RCW 36.70A.638(5).

(iii) The proposed length of time for the additional extension request.

(d) The department's decision on the additional certification extension request must only address infrastructure deficiency that the city has shown it was not able to reasonably address with the first extension.

(e) The department may impose the time period for which the additional extension is effective. An additional time extension should, if certified, be considered the only additional time extension that will be given. A subsequent extension of time will not exceed the length (in years) of the original time extension.

(7) In considering or granting extensions under RCW 36.70A.638, nothing affects or modifies the responsibilities of cities to plan for or provide urban governmental services as defined in RCW 36.70A.030 or affordable housing as required by RCW 36.70A.070.

(8) If the department denies the request, a city may seek agency review as a brief adjudicative proceeding under RCW 34.05.482 through 34.05.494.

History

Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 25-17-058, s 365-199-080, filed 8/15/25, effective 9/15/25.

Wash. Admin. Code § 365-199-090 Certification of empirical parking study.

(1) As provided for in RCW 36.70A.635 (7)(a) and 36.70A.681 (2)(b)(i) a county or city may submit an empirical study to the department for review and certification that the requirements of RCW 36.70A.635 (6)(d) through (f) and 36.70A.681 (2)(a)(i) through (iii) do not apply.

(2) The empirical parking study will only be certified if it has been prepared by a credentialed transportation or land use expert and it clearly demonstrates the parking limitations of RCW 36.70A.635 will be significantly less safe for vehicle drivers or passengers, pedestrians, or bicyclists than if the county or city's parking requirements were applied to the same location for the same number of detached houses.

(3) Notice of intent to apply for a certification for a parking study for certain areas.

(a) The city or county must notify the department in writing of its intent to apply for certification of an empirical study as authorized by RCW 36.70A.635 (7)(a) and 36.70A.681 (2)(b)(i) at least 30 calendar days prior to submittal of the request. Prior notification allows the department to be aware in advance of a request, anticipate the need to consult with state and other agencies and, if needed, provide technical assistance to the city or county on required submittal materials.

(b) The county or city notice of intent to apply for certification of a parking study must include:

(i) A notice of intent to apply application form;

(ii) Acknowledgment that the certification request may be approved, approved with conditions, or denied;

(iii) Acknowledgment that the jurisdiction has reviewed the department's parking study guidance document;

(iv) Identification of the ordinance(s), plan(s), documents and other materials the city intends to submit to support its request for certification, as best known at the time of submitting the notice of intent to apply; and

(v) The geographic areas to which the request will be made, as best known at the time of the submitting the notice of intent to apply.

(4) Public notice of intent to apply for certification of an extension.

(a) The department will publish notice in the Washington State Register that a city or county has notified the department of its intent to request an approval.

(b) The department will post a copy of the notice of intent to apply for a certification on the department website.

(c) The department will notify state agencies with expertise that a city or county has notified the department of its intent to apply for certification of a parking study as authorized by RCW 36.70A.635 (7)(a) and 36.70A.681 (2)(b)(i).

(5) Procedures for certification of a parking study. A city's or county's application for certification for a parking study authorized by RCW 36.70A.635 (7)(a) and 36.70A.681 (2)(b)(i) must include the following items:

(a) A cover letter from the city or county requesting the certification;

(b) The department's formal parking study certification request application form;

(d) Identification of areas proposed for certification in relation to, as applicable, areas of the city or county subject to the requirements of RCW 36.70A.635 and 36.70A.681;

(e) The empirical parking study should include the necessary information identified in the empirical parking study application checklist. This includes, but is not limited to, identification of proposed certification area, mapping, estimates of future middle housing and/or accessory dwelling unit development, comparative parking analysis, safety analysis and findings;

(f) A narrative within the study addressing the following findings:

(i) The maximum off-street parking requirements for middle housing and/or accessory dwelling units are significantly less safe than if the jurisdiction's parking requirements were applied to the same location for the same number of detached houses.

(ii) The significantly less safe conditions are a direct result of parking demand associated with the maximum off-street parking requirements and projected growth for middle housing and/or accessory dwelling units in the area proposed for certification, and not solely attributable to off-street parking associated with other types of new development.

(iii) The certification area is the smallest area necessary to address the safety considerations identified in the empirical parking study.

(iv) The estimates of future (up to five-year) middle housing and/or accessory dwelling unit development were reasonably calculated.

(v) The significantly less safe conditions cannot be reasonably addressed through other techniques including, as examples, parking management controls for on-street parking spaces, signage, traffic calming and related physical infrastructure, enhanced transit, travel demand management, and increased parking enforcement.

(vi) Any additional information that the city believes supports the request for approval of alternative action.

(6) Certification determination procedures.

(a) The department must approve or deny the application within 60 calendar days of receiving a city's complete request for certification of the empirical parking study application. An application is complete when the department has received all the required information identified in WAC 365-199-060(5) including all additional information requested by the department.

(b) The department's action may, at the department's sole discretion, extend up to 60 calendar days.

(c) The department will issue its certification decision in the form of a written statement, including findings of fact and conclusions, and noting the date of the issuance of its decision.

(d) The department will publish its certification decision on the application for determination of compliance as follows:

(i) Notify the city or county in writing of its determination;

(ii) Publish a notice of action in the Washington State Register;

(iii) Post a notice of its decision on the department's website;

(iv) Notify state agencies with expertise with which department consulted and received substantive comments from regarding the request for approval.

(7) If the department denies the request, a city may seek agency review as a brief adjudicative proceeding under RCW 34.05.482 through 34.05.494.

History

Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 25-17-058, s 365-199-090, filed 8/15/25, effective 9/15/25.

Wash. Admin. Code § 365-199-100 Brief adjudicative proceedings.

(1) Application of brief adjudicative proceedings. If an adjudicative proceeding is requested, a brief adjudicative proceeding will be conducted where the matter involves one or more of the following:

(a) A determination whether a city meets the criteria for an extension under RCW 36.70A.637;

(b) A determination whether a city meets the criteria for an extension under RCW 36.70A.638;

(c) A determination whether a local government meets the criteria for certification of its parking study under RCW 36.70A.681;

(d) A determination whether a local government's empirical parking study meets the criteria for certification under RCW 36.70A.635(7);

(e) If an adjudicative proceeding is requested in a matter not listed in this subsection, a brief adjudicative proceeding may be conducted in the discretion of the presiding officer when it appears that:

(i) Only legal issues exist; or

(ii) Both parties have agreed to a brief adjudicative proceeding; and

(iii) The protection of the public interest does not require that the department provide notice and an opportunity to participate to people other than the parties.

(2) Request for adjudicative proceeding. A local government must file an application for an adjudicative proceeding within 20 days of service of a decision letter from commerce, unless otherwise provided by statute. An application for brief adjudicative proceeding shall include a written explanation of the applicant's view of the matter and a copy of any other documents the applicant wishes to have the department consider.

(3) Preliminary record. The preliminary record in brief adjudicative proceedings shall consist of the application the local government submitted and any associated documents, all documents relied on by commerce in making its decision, and all correspondence between the local government and commerce regarding the application.

(4) Conduct of brief adjudicative proceedings.

(a) Brief adjudicative proceedings are conducted by a presiding officer designated by the director, pursuant to RCW 34.05.425. The presiding officer for brief adjudicative proceedings shall have agency expertise in the subject matter but may not have personally participated in the decision to issue the initiating document.

(b) The parties or their representatives may present written documentation. The presiding officer for brief adjudicative proceedings shall designate in writing the date by which written documents must be submitted by the parties.

(c) The presiding officer for brief adjudicative proceedings may, in their discretion, entertain oral argument from the parties or their representatives.

(d) No witnesses may appear to testify.

(e) In addition to the record, the presiding officer for brief adjudicative proceedings may employ agency expertise as a basis for decision.

(f) Within 10 days of the final date for submission of materials or oral argument, if any, the presiding officer for brief adjudicative proceedings shall enter an initial order.

(g) If no review is taken of the initial order within 21 days, as authorized by RCW 34.05.488 and 34.05.491, the initial order shall be the final order. A request for administrative review is deemed to have been denied if the agency does not make a disposition of the matter within 20 days after the request is submitted.

History

Statutory Authority: RCW 36.70A.190 (4)(b), 36.70A.639, 36.70A.638(6), and 34.05.482 (1)(c). WSR 26-10-066, s 365-199-100, filed 5/5/26, effective 6/5/26.

Chapter 365-205 Individual development accounts.

Wash. Admin. Code § 365-205-010 Purpose.

The purpose of the individual development accounts (IDA) program is to create incentives and support for savings and purchases of major assets by low-income people in Washington state. IDAs will promote job training, home ownership, and business development among low-income individuals and provide assistance in meeting the financial goals of low-income individuals. Additionally, a special IDA program for foster youth is described below.

The changes made in state statute to create this program can be found in RCW 43.79A.040 and chapter 43.31 RCW.

History

Statutory Authority: RCW 43.79A.040 and chapter 43.31 RCW. WSR 05-21-091, § 365-205-010, filed 10/18/05, effective 11/18/05.

Wash. Admin. Code § 365-205-020 What are individual development accounts (IDAs)?

IDAs are matched savings accounts for low-income households that are designed to help them invest in assets, such as home ownership, small business, or postsecondary education. The state will match eligible savings at a rate of one dollar for every dollar deposited by an IDA accountholder into their account. Accountholders can earn up to four thousand dollars in state match.

History

Statutory Authority: RCW 43.79A.040 and chapter 43.31 RCW. WSR 05-21-091, § 365-205-020, filed 10/18/05, effective 11/18/05.

Wash. Admin. Code § 365-205-030 What assets may be purchased with an IDA?

An IDA may be used for:

• Postsecondary education and training. Education and training may be provided to the accountholder, their spouse, or a dependent child and must be provided through an educational institution or training provider approved by the Washington state work force education and training coordinating board. Nonapproved training providers may be granted a purchase waiver by CTED.

• First-time home ownership. The accountholder cannot have owned a home during the three-year period prior to enrollment into the IDA program.

Exceptions include:

(1) Any individual who is a displaced homemaker or a single parent on the basis that the individual, while a homemaker and/or married, owned a home with his or her spouse or resided in a home owned by the spouse; and

(2) An individual who owns or owned, as a principal residence during such three-year period, a dwelling unit whose structure is:

(a) Not permanently affixed to a permanent foundation in accordance with local or other applicable regulations; or

(b) Not in compliance with state, local, or model building codes, or other applicable codes, and cannot be brought into compliance with such codes for less than the cost of constructing a permanent structure.

• Small business capitalization. Eligible uses include capital, land, plant, equipment and inventory expenses or for working capital pursuant to a business plan. The business plan must have been developed with a business counselor, trainer and/or financial institution approved by the IDA service provider. The business plan must include a description of the services and/or goods to be sold, a marketing strategy and financial projections.

• Computer. The purchase of a computer must be determined by the IDA service provider to be necessary for work-related activities and/or postsecondary education or training.

• Automobile or truck. The purchase of a vehicle must be determined by the IDA service provider to be necessary for work-related activities and/or postsecondary education or training.

• Home improvements. Eligible improvements include repairs and other modifications to improve the health and safety, accessibility, or energy efficiency, of a home owned and occupied by the accountholder. The service provider may approve other improvements of a nonluxury nature.

• Assistive technologies. Eligible uses include the purchase or enhancement of technologies that will allow persons with disabilities to participate in work-related activities.

History

Statutory Authority: RCW 43.79A.040 and chapter 43.31 RCW. WSR 05-21-091, § 365-205-030, filed 10/18/05, effective 11/18/05.

Wash. Admin. Code § 365-205-040 Who is eligible to become an IDA accountholder?

Any individual whose household income at program entry is equal to or less than either:

(1) Eighty percent of the area median income, adjusted for household size; or

(2) Two hundred percent of federal poverty guidelines.

Local IDA service providers may choose to target incomes below these levels in their local IDA programs.

Additionally, the net worth of the individual's household as of the end of the previous calendar year may not exceed ten thousand dollars. Household net worth is defined as the total market value of all assets that are owned in whole or in part by any household member minus the total debts or obligations of household members, except that, for purposes of determining IDA eligibility, a household's assets shall not be considered to include the primary dwelling unit and one motor vehicle owned by a member of the household.

History

Statutory Authority: RCW 43.79A.040 and chapter 43.31 RCW. WSR 05-21-091, § 365-205-040, filed 10/18/05, effective 11/18/05.

Wash. Admin. Code § 365-205-050 How is the IDA program operated?

The Washington state department of community, trade and economic development (CTED) administers the IDA program through contracts with service providers for local service delivery. Service providers are responsible for local IDA program management and operations including:

• Accepting applications and determining eligibility for the program;

• Developing individual savings plans for each accountholder;

• Providing financial literacy and other types of training and/or counseling to prepare accountholders for their asset purchase;

• Providing basic support management for each accountholder and coordination with other resources and support services;

• Approving asset purchases and disbursing match to the person or organization from whom the asset is being purchased; and

• Ensuring compliance with program policies and procedures.

History

Statutory Authority: RCW 43.79A.040 and chapter 43.31 RCW. WSR 05-21-091, § 365-205-050, filed 10/18/05, effective 11/18/05.

Wash. Admin. Code § 365-205-060 What are the accountholder's responsibilities?

Accountholders must sign an individual savings plan that identifies their savings and asset goal, and open a savings account at a financial institution that is participating in the IDA program. Accountholders must make deposits to their savings account on a regular basis and must attend financial literacy classes, which will help them with managing their finances. Additional training or counseling may also be provided to accountholders that will help to prepare them for their specific asset, such as home ownership counseling or micro-enterprise training. An accountholder may terminate their agreement with their service provider at any time and withdraw their savings, thereby giving up access to all IDA matching funds.

History

Statutory Authority: RCW 43.79A.040 and chapter 43.31 RCW. WSR 05-21-091, § 365-205-060, filed 10/18/05, effective 11/18/05.

Wash. Admin. Code § 365-205-070 Under what circumstances may an accountholder withdraw funds from their account?

Once an accountholder is ready to make an asset purchase, they must request approval of the purchase from their IDA service provider. Upon approval of the purchase, the service provider will issue payment directly to the person or entity from whom the asset is being purchased. At the service provider's discretion, business capitalization expenses may be paid from an IDA match account directly to a business capitalization account that is established in a federally insured financial institution or state insured institution if no federally insured financial institution is available.

If an accountholder wishes to withdraw funds for some purpose other than an eligible asset purchase, they must request approval from their service provider. An accountholder may be allowed to withdraw all or part of their savings for the following emergencies:

(1) Necessary medical expenses;

(2) To avoid eviction of the individual from the individual's residence;

(3) Necessary living expenses following loss of employment; or

(4) Such other circumstances as the sponsoring organization determines merit emergency withdrawal.

The IDA accountholder making an emergency withdrawal from savings must reimburse the account for the amount withdrawn within twelve months of the date of withdrawal or the account will be closed. If an accountholder wishes to use their savings for an unapproved use, they must withdraw from the program and their account will be closed. Once an account is closed, any unused match associated with that account is forfeited.

History

Statutory Authority: RCW 43.79A.040 and chapter 43.31 RCW. WSR 05-21-091, § 365-205-070, filed 10/18/05, effective 11/18/05.

Wash. Admin. Code § 365-205-080 Over what period of time must assets be purchased?

Accountholders must complete all program requirements and purchase their asset within four years of entering the program.

History

Statutory Authority: RCW 43.79A.040 and chapter 43.31 RCW. WSR 05-21-091, § 365-205-080, filed 10/18/05, effective 11/18/05.

Wash. Admin. Code § 365-205-090 What about the foster youth IDA program?

A special IDA program for foster youth is established to serve:

(1) A person who is fifteen years of age or older who is a dependent of the department of social and health services (DSHS); or

(2) A person who is at least fifteen years of age, but not more than twenty-three years of age, who was a dependent of DSHS for at least twenty-four months after the age of thirteen.

Foster youth IDAs follow the same general rules for operation and responsibilities as the regular low-income IDA program above with the differences noted below.

The state will match eligible savings at a rate up to two dollars for every dollar deposited by a foster youth IDA accountholder into their account. Foster accountholders can earn up to three thousand dollars in state match.

A foster youth IDA may be used for:

• Postsecondary education or job training. Education and training may be provided to the accountholder, their spouse, or a dependent child and must be provided through an educational institution or training provider approved by the Washington state education and training coordinating board. Nonapproved training providers may be granted a purchase waiver by CTED.

• Housing needs. Housing needs include rent, security deposit, and utilities costs and other costs deemed acceptable by the service provider.

• Computer. The purchase of a computer must be determined by the IDA service provider to be necessary for postsecondary education or training.

• Car. The purchase of a vehicle must be determined by the IDA service provider to be necessary for work-related activities.

• Health insurance premiums. Account funds must be used for paying premiums only, not insurance co-pays.

A foster youth participating in the program must contribute to an individual development account and develop an individual savings plan. The contributions may be derived from earned income or other income, as agreed to by CTED and the service provider. Other income shall include financial incentives for educational achievement provided by entities contracted with DSHS for independent living services for foster youth.

CTED has the authority to grant exceptions to rules (as long as they still comply with the statute).

History

Statutory Authority: RCW 43.79A.040 and chapter 43.31 RCW. WSR 05-21-091, § 365-205-090, filed 10/18/05, effective 11/18/05.

Chapter 365-210 Manufactured housing installer training and certification program.

Wash. Admin. Code § 365-210-010 Authority.

The following rules are adopted pursuant to chapter 43.63B RCW, Mobile and manufactured home installation, which provides that the department shall train and certify manufactured home installers.

History

Statutory Authority: Chapter 43.63B RCW. WSR 95-14-121, § 365-210-010, filed 6/30/95, effective 7/1/95.

Wash. Admin. Code § 365-210-020 Effective date.

These rules shall become effective July 1, 1995.

History

Statutory Authority: Chapter 43.63B RCW. WSR 95-14-121, § 365-210-020, filed 6/30/95, effective 7/1/95.

Wash. Admin. Code § 365-210-030 Definitions.

The following definitions shall apply to this chapter and to chapter 43.63B RCW:

(1) "Extension of the pressure relief valve for the water heater" means extension to the outside of the home as described in the Uniform Plumbing Code.

(2) "Manufactured home," in addition to the definition provided in RCW 43.63B.010(5) means mobile home as defined in RCW 43.63B.010(8).

(3) "Mobile or manufactured home installation" does not include installation of electrical wires and equipment that convey electrical power to the home or to an outlet in the home, and does not include the ground crossover. Installation of electrical wires and equipment that convey electrical power to the home or to an outlet in the home must be performed by a journeyman or specialty electrician as defined in chapter 19.28 RCW. Equipment does not include plug-in household appliances.

(4) "Other equivalent experience" means six months of hands-on experience installing manufactured homes under the guidance of a reputable, recognized manufactured home installer; or two years experience in residential construction.

(5) "Site" means the parcel of land designed to accommodate the dwelling and auxiliary structures.

(6) "May not," for the purposes of this chapter and as used in chapter 43.63B RCW, when used in reference to a particular act or action means the act or action is not allowed or not permitted.

(7) "Department" means the department of community, trade, and economic development.

History

Statutory Authority: RCW 43.63B.005, [43.63B.]020, [43.63B.]040, [43.63B.]060, [43.63B.]035, [43.63B.]090, [43.63B.]800, 43.330.040. WSR 03-07-035, § 365-210-030, filed 3/13/03, effective 4/13/03. Statutory Authority: Chapter 43.63B RCW. WSR 95-14-121, § 365-210-030, filed 6/30/95, effective 7/1/95.

Wash. Admin. Code § 365-210-040 Training program.

The training program shall include, but not be limited to, the following topics: Relevant federal, state and local laws and standards; supports; footings; anchors; site preparation; placement; closing in; plumbing; electrical; combustion appliances; skirting; interior and exterior finishing; operational checks and adjustments; auxiliary structures; and alterations. The department shall provide a training manual to each applicant as part of the training program, the contents of which shall include, but not be limited to, the above topics. The department shall be responsible for updating the training program to reflect changes in relevant federal, state and local codes and standards. The department shall, at a minimum, conduct the training program quarterly.

History

Statutory Authority: Chapter 43.63B RCW. WSR 95-14-121, § 365-210-040, filed 6/30/95, effective 7/1/95.

Wash. Admin. Code § 365-210-050 Examination—Failure—Retaking.

The examination shall only include topics covered in the training program. In order to pass the examination, applicants must answer 70% of the questions correctly. An applicant who fails the examination shall be permitted to retake the training course and/or the examination as often as is necessary to secure a passing rate of 70%.

History

Statutory Authority: Chapter 43.63B RCW. WSR 95-14-121, § 365-210-050, filed 6/30/95, effective 7/1/95.

Wash. Admin. Code § 365-210-060 Application process.

A person desiring to be certified as a manufactured home installer under RCW 43.63B.020 must first file with the department an application on a form prescribed by the department.

(1) The application must be accompanied by the application fee specified in WAC 365-210-063.

(2) The application must be completed in full and must be signed by the person applying for certification.

(3) The application must contain the full name and Social Security number of the person applying for certification. Social Security numbers are required on applications for professional licenses pursuant to RCW 26.23.150 and federal law PL 104-193, The Personal Responsibility and Work Opportunity Reconciliation Act of 1996.

(4) Any application received after the class cut-off date is subject to the late application fee specified in WAC 365-210-063. An application will be accepted at any scheduled training or certification exam provided classroom space is available and the application is accompanied by the application fee and late application fee specified in WAC 365-210-063.

(5) If the application is denied by the department as a result of the applicant's failure to meet the requirements of chapter 43.63B RCW and this chapter, the department will attempt to notify the applicant prior to the date the applicant is scheduled to attend the training and examination.

History

Statutory Authority: RCW 43.63B.005, [43.63B.]020, [43.63B.]040, [43.63B.]060, [43.63B.]035, [43.63B.]090, [43.63B.]800, 43.330.040. WSR 03-07-035, § 365-210-060, filed 3/13/03, effective 4/13/03. Statutory Authority: Chapter 43.63B RCW. WSR 95-14-121, § 365-210-060, filed 6/30/95, effective 7/1/95.

Wash. Admin. Code § 365-210-061 Manufactured home installer—Continuing education requirements.

Certified manufactured home installers must complete a minimum of four credit hours of continuing education every three years. The continuing education credit hours may be satisfied by attending classes offered by the department or classes offered by an alternative education provider approved by the department pursuant to WAC 365-210-180. All fees required by WAC 365-210-063 for continuing education classes must be paid to the department in advance.

(1) The department will offer continuing education classes every three years beginning January 2004.

Example: Continuing education classes will be offered in the years 2004, 2007, 2010, 2013, etc.

(2) Continuing education class curriculum will include statute, code, or rule changes and common installation problems.

(3) If a certified installer is unable to attend the continuing education classes offered by the department or alternative education provider, the installer may attend a regularly scheduled installer certification training course.

History

Statutory Authority: RCW 43.63B.005, [43.63B.]020, [43.63B.]040, [43.63B.]060, [43.63B.]035, [43.63B.]090, [43.63B.]800, 43.330.040. WSR 03-07-035, § 365-210-061, filed 3/13/03, effective 4/13/03.

Wash. Admin. Code § 365-210-062 Manufactured home installer recertification—Application process.

A certified manufactured home installer desiring to be recertified as a manufactured home installer under RCW 43.63B.040 must first file with the department a recertification application on a form prescribed by the department.

(1) The recertification application must be hand-delivered to the department or postmarked no later than midnight on the date of expiration of an installer's current certification.

(2) The recertification application must be accompanied by the recertification fee specified in WAC 365-210-063.

(3) If a certified installer fails to apply for recertification prior to the expiration of the installer's current certification, the installer must reapply for installer certification and meet all requirements for installer certification as set forth in chapter 43.63B RCW and this chapter.

(4) Before a new certification is issued, the certified installer must provide proof to the department that the certified installer has met the continuing education requirements set forth in this chapter.

(5) The department will attempt to notify installers prior to expiration; however, it is the installer's responsibility to ensure timely recertification.

History

Statutory Authority: RCW 43.63B.005, [43.63B.]020, [43.63B.]040, [43.63B.]060, [43.63B.]035, [43.63B.]090, [43.63B.]800, 43.330.040. WSR 03-07-035, § 365-210-062, filed 3/13/03, effective 4/13/03.

Wash. Admin. Code § 365-210-063 Fees—Refunds.

The following fees are payable to the department in advance:

| Training and certification | $200.00 | | --- | --- | | Training only | $100.00 | | Late application | $20.00 | | Recertification | $100.00 | | Continuing education class | $40.00 |

Retake failed examination and training:

| First retake | $0.00 | | --- | --- | | Subsequent retakes | $30.00 | | Manufactured home installer certification manual | $10.00 | | Installer certification tag | $7.00 |

(1) The department shall refund fees paid for training and certification or recertification as a manufactured home installer if the application is denied for failure of the applicant to comply with the requirements of chapter 43.63B RCW or these rules.

(2) If an applicant has paid fees to attend training or to take an examination and is unable to attend the scheduled training or examination, the applicant may:

(a) Change to another scheduled training and examination; or

(b) Request a refund.

(3) An applicant who fails the examination shall not be entitled to a refund.

History

Statutory Authority: RCW 43.63B.005, [43.63B.]020, [43.63B.]040, [43.63B.]060, [43.63B.]035, [43.63B.]090, [43.63B.]800, 43.330.040. WSR 03-07-035, § 365-210-063, filed 3/13/03, effective 4/13/03.

Wash. Admin. Code § 365-210-070 Failure of examination—Brief adjudicative proceeding.

Persons failing the examination may seek agency review as a brief adjudicative proceeding under RCW 34.05.482 through 34.05.494.

History

Statutory Authority: Chapter 43.63B RCW. WSR 95-14-121, § 365-210-070, filed 6/30/95, effective 7/1/95.

Wash. Admin. Code § 365-210-080 Notification to employer.

Where applicable, the department shall send notice to the certificate holder's employer regarding revocation of an installer certification.

History

Statutory Authority: Chapter 43.63B RCW. WSR 95-14-121, § 365-210-080, filed 6/30/95, effective 7/1/95.

Wash. Admin. Code § 365-210-090 Requirement for applicable licenses and registrations.

The issuance of a certificate of manufactured home installation by the department under chapter 43.63B RCW and these rules does not exempt the certified installer from compliance with any local, state, or federal requirements relative to any business or occupational licenses or registrations.

History

Statutory Authority: RCW 43.63B.005, [43.63B.]020, [43.63B.]040, [43.63B.]060, [43.63B.]035, [43.63B.]090, [43.63B.]800, 43.330.040. WSR 03-07-035, § 365-210-090, filed 3/13/03, effective 4/13/03.

Wash. Admin. Code § 365-210-100 Manufactured home on-site work and equipment installation—Manufactured home installer certification required.

On-site work or equipment installation work which falls within the scope of installation as set forth in RCW 43.63B.010(6) may not be performed on a manufactured home at any time after the initial installation of a manufactured home without the supervision of a certified manufactured home installer.

On-site work and equipment installation work may not be performed until a permit for such work has been issued by the local enforcement agency. On-site work and equipment installation work must be inspected upon completion by the local enforcement agency in the same manner initial home installations are inspected.

On-site work and equipment installation work include, but are not limited to:

(1) Releveling a home such as installing all new pier blocks or footings;

(2) Complete skirting replacement;

(3) Installing earthquake resistant bracing systems; and

(4) Any other work described in RCW 43.63B.010(6).

On-site work and equipment installation work does not include routine maintenance or other routine repairs such as periodic adjustments to piers, replacement of a damaged pier, or skirting repair.

History

Statutory Authority: RCW 43.63B.005, [43.63B.]020, [43.63B.]040, [43.63B.]060, [43.63B.]035, [43.63B.]090, [43.63B.]800, 43.330.040. WSR 03-07-035, § 365-210-100, filed 3/13/03, effective 4/13/03.

Wash. Admin. Code § 365-210-110 Manufactured home installation, on-site work or equipment installation—Homeowner performing work on their own home—Exceptions.

(1) The owner of a mobile or manufactured home may install or perform on-site work or equipment installation work on his or her own home without obtaining certification from the department as a certified manufactured home installer if the home is intended for use as the homeowner's primary residence.

(2) The installation, on-site work or equipment installation work must be performed in compliance with chapter 296-150M WAC, Washington installation code.

(3) If the owner of a manufactured home hires any individual or business to assist the owner in the installation, on-site work or equipment installation work, a certified installer is required to be on-site supervising such work and must meet all the requirements of this chapter.

(4) For the purposes of this chapter, an "owner" of a manufactured home does not include a manufactured home dealer, distributor, park owner or manager, or developer who installs or performs on-site work or equipment installation work on a manufactured home intended for resale or rental.

History

Statutory Authority: RCW 43.63B.005, [43.63B.]020, [43.63B.]040, [43.63B.]060, [43.63B.]035, [43.63B.]090, [43.63B.]800, 43.330.040. WSR 03-07-035, § 365-210-110, filed 3/13/03, effective 4/13/03.

Wash. Admin. Code § 365-210-120 Manufactured home installation permit and inspections—Obligation of certified installer.

If a certified installer obtains the manufactured home installation or placement permit from the local enforcement agency, the certified installer shall ensure that all required installation inspections, relative to the work performed by the certified installer, are completed.

History

Statutory Authority: RCW 43.63B.005, [43.63B.]020, [43.63B.]040, [43.63B.]060, [43.63B.]035, [43.63B.]090, [43.63B.]800, 43.330.040. WSR 03-07-035, § 365-210-120, filed 3/13/03, effective 4/13/03.

Wash. Admin. Code § 365-210-130 Manufactured home installer—Responsibilities to the consumer.

A certified manufactured home installer shall:

(1) Ensure all phases of the installation work performed by the installer or crew being supervised are complete and in compliance with chapter 296-150M WAC, Washington installation code;

(2) Notify the local enforcement agency upon completion of the installation work; and

(3) Correct all nonconforming aspects of the installation identified by the local enforcement agency or by an authorized representative of the department within thirty days of issuance of notice of the same.

History

Statutory Authority: RCW 43.63B.005, [43.63B.]020, [43.63B.]040, [43.63B.]060, [43.63B.]035, [43.63B.]090, [43.63B.]800, 43.330.040. WSR 03-07-035, § 365-210-130, filed 3/13/03, effective 4/13/03.

Wash. Admin. Code § 365-210-140 Manufactured home installation—Installer certification tags required.

(Effective July 1, 2003.) Prior to installing, performing on-site work or equipment installation work on a manufactured home, certified manufactured home installers or the retailers by whom they are employed shall obtain an "installer certification tag" from the department or from the local enforcement agency who participates in tag sales. The installer certification tag shall be in the form approved by the department. No manufactured home may be installed by a certified installer without an installer certification tag affixed thereto. Only currently certified manufactured home installers shall be issued installer certification tags.

Homeowners performing the installation, on-site work or equipment installation work on their own manufactured home are not required to acquire and affix an installer certification tag.

(1) Installer certification tags may only be purchased by a certified manufactured home installer or by a manufactured home retailer licensed by Washington state department of licensing.

(a) The certified manufactured home installer or manufactured home retailer purchasing the installer certification tag is responsible for complying with the security, use, and reporting requirements of this chapter.

(b) Manufactured home retailers may purchase installer certification tags in bulk and issue them to certified manufactured home installers employed by the manufactured home retailer.

(2) In order to purchase installer certification tags, the certified manufactured home installer or manufactured home retailer shall submit an application to the department or local enforcement agency on a form approved by the department. The application shall be accompanied by the appropriate installer certification tag fee as set forth in WAC 365-210-063.

(3) The department or manufactured home retailer may issue a maximum of thirty certification tags to a certified manufactured home installer. A certified manufactured home installer may not have more than thirty installer certification tags issued at any one time for which the reporting requirements of this section have not been met.

(4) Installer certification tags shall not be transferred or assigned without the written approval of the department. Fees paid for installer certification tags are not refundable.

(a) If a certified manufactured home installer's certification is suspended, revoked, or expires, all unused installer certification tags assigned to the certified manufactured home installer shall be returned to the department.

(b) If a certified manufactured home installer or manufactured home retailer ceases to do business, all unused installer certification tags shall be returned to the department.

(c) If a manufactured home retailer changes ownership, unused installer certification tags may be transferred to the new ownership if the department approves the transfer following receipt of a written request for transfer from the manufactured home retailer.

(5) Issuance of installer certification tags may be denied if:

(a) The certified manufactured home installer's certification has been revoked or suspended pursuant to chapter 43.63B RCW;

(b) The certified manufactured home installer has failed to comply with the reporting requirements of this chapter;

(c) The department has evidence that the certified manufactured home installer has misused the installer certification tag by not complying with the requirements of this chapter; or

(d) The certified manufactured home installer possesses installer certification tags in excess of the quantity authorized by subsection (3) of this section for which the reporting requirements of this chapter have not been met.

History

Statutory Authority: RCW 43.63B.005, [43.63B.]020, [43.63B.]040, [43.63B.]060, [43.63B.]035, [43.63B.]090, [43.63B.]800, 43.330.040. WSR 03-07-035, § 365-210-140, filed 3/13/03, effective 4/13/03.

Wash. Admin. Code § 365-210-150 Installer certification tag—Issuance by local enforcement agency.

A local enforcement agency may issue installer certification tags to certified manufactured home installer if:

(1) The local enforcement agency has entered into an agreement with the department to issue installer certification tags on a "per installation" basis; and

(2) The local enforcement agency has verified that the certified installer is qualified to purchase an installer certification tag under the requirements of this chapter; and

(3) The local enforcement agency shall file with the department a monthly report complying with the requirements of WAC 365-210-170.

History

Statutory Authority: RCW 43.63B.005, [43.63B.]020, [43.63B.]040, [43.63B.]060, [43.63B.]035, [43.63B.]090, [43.63B.]800, 43.330.040. WSR 03-07-035, § 365-210-150, filed 3/13/03, effective 4/13/03.

Wash. Admin. Code § 365-210-160 Installer certification tag—Placement—Removal.

(Effective July 1, 2003.) (1) The installer certification tag shall be placed on the home upon completion of the installation and prior to inspection by the local enforcement agency.

(2) The installer certification tags must be placed on the end of a home section directly above or below the HUD certification tag or temporarily located in plain sight within three feet of the home's front entry.

(3) The local enforcement agency may not issue final approval of a home installation until one or more installer certification tags have been affixed to the home indicating all installation work was performed by a certified manufactured home installer.

| Exception: | Installation work performed by a homeowner on his or her own residence does not require an installer certification tag. | | --- | --- |

(4) The installer certification tag shall be removed only by the owner of the home following final approval of the installation of the home by the local enforcement agency.

History

Statutory Authority: RCW 43.63B.005, [43.63B.]020, [43.63B.]040, [43.63B.]060, [43.63B.]035, [43.63B.]090, [43.63B.]800, 43.330.040. WSR 03-07-035, § 365-210-160, filed 3/13/03, effective 4/13/03.

Wash. Admin. Code § 365-210-170 Monthly certification tag report.

(Effective July 1, 2003.) Certified manufactured home installers and manufactured home retailers who purchase installer certification tags from the department shall submit a monthly report to the department on a form approved by the department relative to all installer certification tags issued.

(1) The report is due no later than the 15th day of each month following the month of installation work being performed on a home. A certification tag report is not required for those months in which no installation work was performed.

(2) A manufactured home retailer who assigns tags to a certified manufactured home installer is responsible for ensuring completion of the monthly report. The manufactured home retailer shall file a separate report for each certified manufactured home installer to which the manufactured home retailer assigned installer certification tag(s).

(3) The installer certification tag report shall contain the following information for each installation:

(a) The installer certification tag number;

(b) The address of the installation;

(d) The name and certification number of the certified manufactured home installer; and

(e) Any other information required by the department.

History

Statutory Authority: RCW 43.63B.005, [43.63B.]020, [43.63B.]040, [43.63B.]060, [43.63B.]035, [43.63B.]090, [43.63B.]800, 43.330.040. WSR 03-07-035, § 365-210-170, filed 3/13/03, effective 4/13/03.

Wash. Admin. Code § 365-210-180 Alternative education providers—Approval process and compliance.

Pursuant to RCW 43.63B.035, the department may approve education providers to offer the certification training and/or continuing education required by RCW 43.63B.030, 43.63B.040 and this chapter. In order to be approved, an education provider must comply with the following requirements:

(1) The education provider must submit to the department a written proposal including the following:

(a) The education and experience of proposed instructors;

(b) A detailed description of course content and materials; and

(2) All instructors identified by the education providers must meet the following requirements:

(a) Two years' experience in one or more of the following areas:

(i) Supervising manufactured home installation, service, or repair;

(ii) Design, engineering, or architectural work related to building construction;

(iii) Inspecting manufactured home installation or construction for a local, state, or federal agency;

(iv) Completion of a two-year educational program in a construction-related field; or

(v) A combination of any of the above to meet the two-year requirement; and

(b) Complete the department-sponsored training and pass the certification exam with a score of ninety percent or higher.

(3) The curriculum proposed by the education provider must meet or exceed the department-sponsored training curriculum.

(4) The department shall provide the education service provider written notice of approval or rejection as an alternative education service provider within sixty days of submittal of the complete proposal.

(5) All approved alternative education providers shall:

(a) Make all necessary arrangements (scheduling class dates/times and facilities) and provide all educational materials for the classes presented;

(b) Provide to the department a list of participants within ten days of each class;

(i) The name of participant;

(ii) The date of training;

(iii) A statement indicating the participant has completed the training as required by chapter 43.63B RCW.

(6) The alternative education provider shall notify the department in writing fourteen days prior to the scheduled class date of the date, time and location of each class. Department representatives shall be permitted to audit any class without fee.

(7) Curriculum changes must be submitted to and approved by the department prior to implementation.

History

Statutory Authority: RCW 43.63B.005, [43.63B.]020, [43.63B.]040, [43.63B.]060, [43.63B.]035, [43.63B.]090, [43.63B.]800, 43.330.040. WSR 03-07-035, § 365-210-180, filed 3/13/03, effective 4/13/03.

Wash. Admin. Code § 365-210-190 Legal action—Installer certification required.

No person may file a lien against a homeowner, or bring or maintain in any court of this state a suit or action, that seeks compensation for the performance of any work requiring certification under chapter 43.63B RCW or for the breach of any contract for installation work which is subject to chapter 43.63B RCW unless:

(1) The manufactured home installer was certified under chapter 43.63B RCW at the time the installer entered into contract for performance of the work and was certified continuously while performing the work for which compensation is sought; or

(2) The supervising manufactured home installer was the employee of the contractor or retailer seeking compensation and was certified under chapter 43.63B RCW continuously during performance of the work for which compensation is sought.

History

Statutory Authority: RCW 43.63B.005, [43.63B.]020, [43.63B.]040, [43.63B.]060, [43.63B.]035, [43.63B.]090, [43.63B.]800, 43.330.040. WSR 03-07-035, § 365-210-190, filed 3/13/03, effective 4/13/03.

Chapter 365-212 Manufactured housing relocation.

Wash. Admin. Code § 365-212-010 What definitions apply to this chapter?

(1) "Department" means the department of community, trade and economic development.

(2) "Office of manufactured housing" means the same as the office of mobile home affairs as described in RCW 59.22.050.

History

Statutory Authority: Chapter 59.21 RCW, RCW 43.330.040. WSR 03-07-036, § 365-212-010, filed 3/13/03, effective 4/13/03.

Wash. Admin. Code § 365-212-020 How do I contact the office of manufactured housing?

(1) You may write the office of manufactured housing at:

CTED/OCD

Office of Manufactured Housing

P.O. Box 48350

Olympia, WA 98504-8350

(2) You may call the automated services request line at:

1-800-964-0852 (within WA state)

1-360-725-2971 (Olympia area or outside WA state)

History

Statutory Authority: Chapter 59.21 RCW, RCW 43.330.040. WSR 03-07-036, § 365-212-020, filed 3/13/03, effective 4/13/03.

Wash. Admin. Code § 365-212-030 Who is eligible to receive relocation assistance?

(1) Eligibility for relocation assistance is limited to low-income households. For purposes of this chapter, "low-income household" means a single person, family, or unrelated persons living together whose adjusted income is less than eighty percent of the median family income, adjusted for household size, for the county where the mobile or manufactured home is located at the time of closure.

(2) Persons who meet the low-income criteria are eligible for assistance if they:

(a) Owned their home and lived in the park at the time the notice of closure or conversion to another use was issued; and

(b) Maintained ownership of the home and either:

(i) Relocated their home; or

(ii) Disposed of a home that cannot be relocated; and

(3) Relocation assistance shall be paid on a first-come-first-served basis.

History

Statutory Authority: Chapter 59.21 RCW, RCW 43.330.040. WSR 03-07-036, § 365-212-030, filed 3/13/03, effective 4/13/03.

Wash. Admin. Code § 365-212-040 What constitutes a completed application?

An application shall be considered complete when the applicant has submitted to the department an application on a form approved by the department together with:

(1) Income verification such as pay stubs, tax statements, documentation from a local, state or federal agency such as department of social and health services, employment security, Social Security, or any other documentation of income as determined by the department;

(2) A copy of the notice from the park owner, or other adequate proof, that the tenancy is terminated due to closure of the park or its conversion to another use;

(3) A copy of the rental agreement then in force or other proof that the applicant was a tenant at the time of notice of closure;

(4) A copy of the contract for relocating the home or other proof of actual relocation expenses. Documentation must include either the date of relocation or actual dates expenses were incurred;

(5) A statement of any other assistance received;

(6) For a home that cannot be relocated, applicants must provide:

(a) Adequate proof that the home cannot be relocated pursuant to WAC 365-212-070; and

(b) For applicants seeking reimbursement for a down payment on a new home, documentation of the purchase pursuant to WAC 365-212-080.

History

Statutory Authority: Chapter 59.21 RCW, RCW 43.330.040. WSR 03-07-036, § 365-212-040, filed 3/13/03, effective 4/13/03.

Wash. Admin. Code § 365-212-050 If I meet the requirements, how much assistance could I be eligible for?

(1) Eligible applicants may be reimbursed for actual relocation expenses up to:

(a) Three thousand five hundred dollars for a single-wide; or

(b) Seven thousand dollars for a double-wide home.

(2) These maximum amounts apply to all expenses incurred to:

(a) Relocate the existing home; or

(b) Demolishing the existing home and, if applicable, pay a down payment toward another home pursuant to RCW 59.21.010(6).

History

Statutory Authority: Chapter 59.21 RCW, RCW 43.330.040. WSR 03-07-036, § 365-212-050, filed 3/13/03, effective 4/13/03.

Wash. Admin. Code § 365-212-060 What expenses are allowable for reimbursement?

(1) The department is authorized to reimburse applicants for actual expenses, up to the maximum amounts, incurred in physically relocating their home. For homes that cannot be relocated, actual relocation expenses also include the costs for demolition of the existing home and the down payment toward the purchase of another home pursuant to RCW 59.21.010(6).

(2) Examples of reimbursable relocation expenses include, but are not limited to, the following:

(a) Breakdown of the home and preparation for transport. May include removing steps, decks, skirting, securing home for travel, etc.;

(b) Installation of the home at a new site. May include blocking, ERBS, plumbing, sewer connections, skirting, tie downs, utility/electrical connections, vapor barrier, site preparation, etc.;

(c) Transportation of the home to a new site or to a disposal facility, if not included in breakdown or installation costs;

(d) Awnings - Relocation of existing awnings or purchase of new awnings if required by park;

(e) Hotel accommodations - If new site is not available or relocation to new site takes more than one day;

(f) Insurance - One time only for transporting home, etc., if not included in transportation fee;

(g) Mileage-personal vehicle to/from new site for set up;

(h) Nonrefundable fees - Application fees, credit/screening fees;

(i) Permits - Local and state;

(j) Porch/decking - When originally attached to home;

(k) Loan interest fees - When loan is for the sole purpose of relocating;

(l) Relocating internal items - Such as household goods or furniture;

(m) Rental moving equipment - Car, hauling equipment, trucks, etc.;

(n) Septic tanks on private land - Installation and hook up;

(o) Siding replacement/repair - When damaged due to relocation;

(p) Stairs - If originally connected to home;

(q) Temporary storage for home - If new site is not available;

(r) Telephone - Disconnection/reconnection costs only;

(s) Utility conversion/upgrade - When necessary in new park;

(t) Utility/electrical connections from street - When relocating onto private land; and

(u) Any other actual expenses determined by the department to be reimbursable.

History

Statutory Authority: Chapter 59.21 RCW, RCW 43.330.040. WSR 03-07-036, § 365-212-060, filed 3/13/03, effective 4/13/03.

Wash. Admin. Code § 365-212-070 What documentation must I provide as adequate proof a home cannot be relocated?

Applicants who dispose of their homes must provide:

(1) The demolition certificate from the county; and

(2) One of the following:

(a) A detailed receipt from the disposal site, landfill or other recipient of your demolished home; or

(b) Any other documentation determined by the department to constitute adequate proof.

History

Statutory Authority: Chapter 59.21 RCW, RCW 43.330.040. WSR 03-07-036, § 365-212-070, filed 3/13/03, effective 4/13/03.

Wash. Admin. Code § 365-212-080 What documentation must I provide to be reimbursed for a down payment on another home?

Applicants must provide proof of down payment expenses that includes:

(1) A copy of the purchase and sale agreement; and

(2) One of the following forms of documentation:

(a) Canceled checks to the retailer or private party that detail the transaction;

(b) A copy of the department of licensing's title-transfer form for your home;

(d) Any other proof of down payment as determined by the department.

History

Statutory Authority: Chapter 59.21 RCW, RCW 43.330.040. WSR 03-07-036, § 365-212-080, filed 3/13/03, effective 4/13/03.

Wash. Admin. Code § 365-212-090 What criteria is used to determine park-owner fraud?

In order to demonstrate that a park was closed as the result of park-owner fraud, the applicant must provide a judgment or order of a court of law indicating a finding that the park was closed due to park-owner fraud.

History

Statutory Authority: Chapter 59.21 RCW, RCW 43.330.040. WSR 03-07-036, § 365-212-090, filed 3/13/03, effective 4/13/03.

Chapter 365-220 Developmental disabilities endowment trust fund.

Wash. Admin. Code § 365-220-005 What is the purpose and scope of this chapter?

The purpose of this chapter is to establish the rules for the developmental disabilities endowment trust fund to implement RCW 43.330.430 through 43.330.437.

History

Statutory Authority: RCW 43.330.430 through 43.330.437. WSR 19-07-034, § 365-220-005, filed 3/13/19, effective 4/13/19. Statutory Authority: RCW 43.330.240. WSR 02-07-026, § 365-220-005, filed 3/12/02, effective 4/12/02.

Wash. Admin. Code § 365-220-010 How may a member of the public appear before the governing board?

Members of the public may appear before the governing board at the board's regularly scheduled meetings or may submit written comments to the governing board for consideration at their regularly scheduled meetings. Requests for meeting schedules and agendas should be made to the chair of the governing board or his or her designee. Meeting schedules and agendas are also available online at the department's boards and councils web page.

History

Statutory Authority: RCW 43.330.430 through 43.330.437. WSR 19-07-034, § 365-220-010, filed 3/13/19, effective 4/13/19. Statutory Authority: RCW 43.330.240. WSR 02-07-026, § 365-220-010, filed 3/12/02, effective 4/12/02.

Wash. Admin. Code § 365-220-015 What definitions apply to this chapter?

"Beneficiary" means an eligible person for whom an individual trust account has been established within the trust fund and who is identified in the joinder agreement.

"Department" means the department of commerce.

"Disbursement plan" means a plan, submitted by the primary donor at the time of enrollment as part of the joinder agreement, that identifies the goods or services most likely to be appropriate to the supplemental needs of the beneficiary. The primary donor may periodically change the disbursement plan by amending the joinder agreement.

"Disposition plan" means a plan, submitted by the primary donor at the time of enrollment as part of the joinder agreement, that directs how any remaining private funds will be disbursed from the individual trust account on the death of the beneficiary.

"Governing board" means the seven-member group established according to RCW 43.330.433 to design and administer the trust fund.

"Individual trust account" means the account that holds assets for the benefit of an individual beneficiary within the trust fund.

"Joinder agreement" means an agreement establishing the primary donor's consent to the master trust document for the trust fund. The joinder agreement shall include the disbursement plan and the disposition plan for the individual trust account, and designate the primary representative and additional persons authorized to request disbursements.

"Master trust" means the developmental disabilities endowment trust I agreement or the developmental disabilities endowment trust II agreement, as may from time-to-time be amended.

"Primary donor" means the person whose funds are contributed to an individual trust account at the time the individual trust account is established pursuant to the joinder agreement.

"Primary representative" means one or more persons designated in the joinder agreement as having the authority to communicate to the trust manager or governing board concerning the interests and needs of the beneficiary of an individual trust account. Multiple alternate primary representatives may be designated in the joinder agreement and the joinder agreement may include a process to identify additional alternate primary representatives.

"Resident" means a person who lives in the state of Washington. For purposes of the trust fund, a beneficiary must be a resident at the time of enrollment.

State administrator" means the person designated by the governing board to serve the administrative functions of the developmental disabilities endowment trust fund as defined by the governing board and act as the liaison with other state agencies to facilitate governing board activities.

"Trust fund" means the developmental disabilities endowment trust fund.

"Trust manager" means the person or persons or entity designated by the governing board pursuant to RCW 43.330.431. The trust manager may be authorized to:

(a) Process enrollments;

(b) Receive contributions to individual trust accounts;

(c) Make disbursements in its discretion consistent with and as authorized under this chapter, upon consideration of the disbursement plan filed by the primary donor as part of the joinder agreement when making decisions regarding disbursements;

(d) Manage and provide accounting information on the individual trust accounts; and

(e) Other duties as assigned by the governing board in accordance with the contract with the trust manager.

"Vested account" means an account that has initially qualified for matching funds by meeting requirements over a three-year period.

History

Statutory Authority: RCW 43.330.430 through 43.330.437. WSR 19-07-034, § 365-220-015, filed 3/13/19, effective 4/13/19. Statutory Authority: RCW 43.330.240. WSR 02-07-026, § 365-220-015, filed 3/12/02, effective 4/12/02.

Wash. Admin. Code § 365-220-020 Who authorizes disbursements?

The trust manager will review all disbursement requests submitted by persons authorized in the joinder agreement. Only the governing board and/or the trust manager may authorize disbursements.

History

Statutory Authority: RCW 43.330.430 through 43.330.437. WSR 19-07-034, § 365-220-020, filed 3/13/19, effective 4/13/19. Statutory Authority: RCW 43.330.240. WSR 02-07-026, § 365-220-020, filed 3/12/02, effective 4/12/02.

Wash. Admin. Code § 365-220-025 What types of disbursements are allowed?

(1) Goods or services that are most likely to be appropriate to the supplemental needs of the beneficiary may include, but are not limited to:

(a) Education, information, and training opportunities.

(b) Living arrangements, including personal assistance services, skill building, financial management, medical monitoring, meal preparation, shopping, home maintenance, and house cleaning.

(d) Capital expenses, including environmental modifications and transportation.

(e) Employment supports and tuition.

(f) Social productivity and personal fulfillment activities, such as volunteering, club membership, and recreation.

(g) Assistive technology, including computers and electronic equipment.

(h) Clothing.

(i) Respite care.

(j) Disability-related support groups.

(k) Medical care, counseling, therapies, and other health related services, including alternative practitioners, not covered by public benefits.

(l) Utility and transportation costs, including the purchase of a vehicle.

(m) Vacation, travel, and recreation, including travel companion(s) as appropriate to meet the beneficiary's needs.

(n) Advocacy and legal services.

(o) Prepaid funeral and burial expenses consistent with federal and state law.

(p) Individual trust account expenses including enrollment, bookkeeping, tax return preparation and filing, tax payments, annual management expenses, and other trust related fees.

(q) Distributions to the beneficiary's achieving a better life experience (ABLE) account for qualified disability expenses as defined by WAC 182-560-100(7). The trust manager is relieved of having to account for any withdrawals from the beneficiary's ABLE account using the money contributed from the DDETF individual trust account.

(r) Items the trust manager deems appropriate and reasonable within the guidelines of the governing board.

(2) All disbursements shall be for the sole benefit of the beneficiary.

History

Statutory Authority: RCW 43.330.430 through 43.330.437. WSR 19-07-034, § 365-220-025, filed 3/13/19, effective 4/13/19. Statutory Authority: RCW 43.330.240. WSR 02-07-026, § 365-220-025, filed 3/12/02, effective 4/12/02.

Wash. Admin. Code § 365-220-030 Who may request disbursements on behalf of the beneficiary?

The primary representative and any additional persons designated by the primary donor in the joinder agreement may make disbursement requests on behalf of the beneficiary. The primary donor may amend this part of the joinder agreement.

History

Statutory Authority: RCW 43.330.240. WSR 02-07-026, § 365-220-030, filed 3/12/02, effective 4/12/02.

Wash. Admin. Code § 365-220-035 When may disbursements be requested?

Disbursements may be requested at any time after the enrollment process is completed.

History

Statutory Authority: RCW 43.330.240. WSR 02-07-026, § 365-220-035, filed 3/12/02, effective 4/12/02.

Wash. Admin. Code § 365-220-040 What happens to an account when the beneficiary dies?

Upon the death of the beneficiary, the beneficiary's account shall be distributed consistent with the master trust, joinder agreement and disposition plan. In some cases, state and federal law may require certain distributions of remaining funds notwithstanding the joinder agreement and the disposition plan. When an individual trust account is closed, the unexpended state matching money and any earnings attributable to the unexpended state matching money revert to the developmental disabilities endowment trust fund.

History

Statutory Authority: RCW 43.330.430 through 43.330.437. WSR 19-07-034, § 365-220-040, filed 3/13/19, effective 4/13/19. Statutory Authority: RCW 43.330.240. WSR 02-07-026, § 365-220-040, filed 3/12/02, effective 4/12/02.

Wash. Admin. Code § 365-220-045 Can the disposition plan be changed?

Once an individual trust account is funded, the primary donor cannot amend the joinder agreement to change the disposition plan. A change to the disposition plan may be made only by court order or other dispute resolution mechanism available under state law, including a nonjudicial resolution of dispute agreement under chapter 11.96A RCW. The nonjudicial resolution could be an agreement signed by all of the interested parties changing the terms of the disposition plan of a developmental disabilities endowment trust fund individual trust account. The agreement needs to be in writing, state that it is being made pursuant to RCW 11.96A.220, set forth the change that is being made to the trust, and be signed by the primary donor (if alive), the trustee, and all beneficiaries (current and residual) of the trust account.

History

Statutory Authority: RCW 43.330.430 through 43.330.437. WSR 19-07-034, § 365-220-045, filed 3/13/19, effective 4/13/19. Statutory Authority: RCW 43.330.240. WSR 02-07-026, § 365-220-045, filed 3/12/02, effective 4/12/02.

Wash. Admin. Code § 365-220-048 What if a disbursement request is denied?

In the event of disbursement denial, the trust manager will provide a written explanation for such a denial on the request of the primary representative.

History

Statutory Authority: RCW 43.330.430 through 43.330.437. WSR 19-07-034, § 365-220-048, filed 3/13/19, effective 4/13/19.

Wash. Admin. Code § 365-220-050 What decisions may be appealed?

Primary donors or primary representatives may appeal governing board decisions, or decisions made on the governing board's behalf, regarding enrollment, account closure, disbursement decisions, extensions related to matching funds, and access to matching funds. For decisions made by contracting agencies or individuals, the dispute must first be addressed through the agency's or individual's dispute process. If the dispute is not resolved at that level, the appellant will have the option of appealing to the governing board or its representative.

History

Statutory Authority: RCW 43.330.240. WSR 02-07-026, § 365-220-050, filed 3/12/02, effective 4/12/02.

Wash. Admin. Code § 365-220-055 What is the dispute process?

(1) To appeal a board decision, a primary donor or primary representative must send a letter addressed to the state administrator. The letter of appeal must be signed by the appealing party and be received by the state administrator within thirty calendar days of the date of the decision. The letter must include:

(a) The name and mailing address of the appealing party;

(b) A description of the decision being appealed; and

(c) A statement explaining why the appealing party believes the decision was incorrect, outlining the facts surrounding the decision and including supporting documentation.

(2) On receiving the letter of appeal, the state administrator will send written notice to the appealing party within fourteen days, confirming the appeal has been received and indicating when a decision can be expected.

(3) The governing board or its designee will conduct appeals according to RCW 34.05.485. The governing board or its designee will review and decide the appeal based on the submitted documents unless the governing board or its designee and the appealing party agree to hold a hearing in person or by telephone.

(4) The state administrator will send the appealing party written notification of the governing board or its designee's initial decision within one hundred twenty days of receiving the letter of appeal. The notice will include the reasons for the initial decision, and instructions on further appeal rights.

(5) The initial decision of the governing board or its designee becomes the final decision unless the state administrator receives a request for a review hearing from the appealing party within thirty days of the date of the decision. The appealing party may, by written notice, request review of the initial decision. The person requesting review must reference the initial decision and provide any additional written information that the appealing party would like considered in the review. A review officer designated by the governing board will review the decision through a hearing conducted under RCW 34.05.488 through 34.05.494.

(6) The officer will review and decide the appeal based on submitted documents unless the governing board or its designee and the appealing party agree to hold a hearing in person or by telephone.

(7) The review officer will make any inquiries necessary to determine whether the proceeding must become a formal adjudicative proceeding under the provisions of chapter 34.05 RCW.

(8) If the appealing party disagrees with a review decision under subsection (6) of this section, the appealing party may request judicial review of the decision, as provided for in RCW 34.05.542. Request for judicial review must be filed with the court within thirty days of service of the final agency decision.

History

Statutory Authority: RCW 43.330.430 through 43.330.437. WSR 19-07-034, § 365-220-055, filed 3/13/19, effective 4/13/19. Statutory Authority: RCW 43.330.240. WSR 02-07-026, § 365-220-055, filed 3/12/02, effective 4/12/02.

Wash. Admin. Code § 365-220-060 Who is eligible to be a beneficiary in the trust fund?

Individuals are eligible to be beneficiaries if they meet the following conditions at the time of enrollment:

(1) Beneficiaries must reside in Washington state; and

(2) Must meet the definition of developmental disability in RCW 71A.10.020(5); and

(3) Any other condition(s) required under the master trust.

History

Statutory Authority: RCW 43.330.430 through 43.330.437. WSR 19-07-034, § 365-220-060, filed 3/13/19, effective 4/13/19. Statutory Authority: RCW 43.330.240. WSR 02-07-026, § 365-220-060, filed 3/12/02, effective 4/12/02.

Wash. Admin. Code § 365-220-065 How is eligibility determined?

At the time of enrollment, a prospective beneficiary must meet the definition of developmental disability in RCW 71A.10.020(5), as determined by a representative of the developmental disabilities administration of the department of social and health services. The primary donor must make arrangements for notification of this determination to be sent to the trust manager.

History

Statutory Authority: RCW 43.330.430 through 43.330.437. WSR 19-07-034, § 365-220-065, filed 3/13/19, effective 4/13/19. Statutory Authority: RCW 43.330.240. WSR 02-07-026, § 365-220-065, filed 3/12/02, effective 4/12/02.

Wash. Admin. Code § 365-220-070 What happens if a beneficiary moves out of the state of Washington?

If the beneficiary moves out of the state of Washington:

(1) The primary representative is required to notify the trust manager in writing within thirty days of the beneficiary's move out of the state of Washington.

(2) The governing board may elect, in its discretion, one of three options:

| A | The balance of the beneficiary's individual trust account will be transferred to another existing special needs trust established for the beneficiary. Any costs relating to the transfer will be charged to the beneficiary's individual trust account. Any unexpended state matching money shall revert to the developmental disabilities endowment trust fund. | | --- | --- |

-or-

| B | The individual trust account will remain open, and the account will be assessed fees at a level that will support all costs of maintaining the account. The beneficiary will no longer be eligible for the state match as of the date the beneficiary ceases to be a resident of Washington. | | --- | --- |

-or-

| C | The beneficiary's individual trust account will be terminated and distributed as if the beneficiary had died. Any unexpended state matching money shall revert to the developmental disabilities endowment trust fund. | | --- | --- |

History

Statutory Authority: RCW 43.330.430 through 43.330.437. WSR 20-01-152, § 365-220-070, filed 12/17/19, effective 1/17/20
WSR 19-07-034, § 365-220-070, filed 3/13/19, effective 4/13/19. Statutory Authority: RCW 43.330.240. WSR 02-07-026, § 365-220-070, filed 3/12/02, effective 4/12/02.

Wash. Admin. Code § 365-220-075 What happens if a beneficiary is determined to no longer meet the Washington state definition of developmental disability in RCW 71A.10.020(5)?

(1) The primary representative is required to notify the trust manager in writing if the beneficiary is found to no longer meet the definition of a person with a developmental disability in RCW 71A.10.020(5) within thirty days of the decision.

(2) If the beneficiary is determined to no longer meet the definition of a person with a developmental disability in RCW 71A.10.020(5), the governing board may elect, at its discretion, one of three options:

-or-

| B | The beneficiary's individual trust account will remain open, and the account will be assessed fees at a level that will support all costs of maintaining the account. The beneficiary will no longer be eligible for the state match as of the date the beneficiary is determined to no longer meet the definition of a person with a developmental disability in RCW 71A.10.020(5). New contributions will not be accepted into the individual trust account during any period when the beneficiary does not meet the definition of the person with a developmental disability in RCW 71A.10.020(5). | | --- | --- |

-or-

| C | The trust manager will make or direct distributions to or for the benefit of the beneficiary or to an achieving a better life experience (ABLE) account of the beneficiary, after first, the taxes and administrative expenses are paid and after second, the medicaid payback is enforced (if applicable). | | --- | --- |

History

Statutory Authority: RCW 43.330.430 through 43.330.437. WSR 20-01-152, § 365-220-075, filed 12/17/19, effective 1/17/20
WSR 19-07-034, § 365-220-075, filed 3/13/19, effective 4/13/19. Statutory Authority: RCW 43.330.240. WSR 02-07-026, § 365-220-075, filed 3/12/02, effective 4/12/02.

Wash. Admin. Code § 365-220-080 What fees must be paid to enroll in and participate in the trust fund?

The following fees may be charged by entities or individuals associated with the developmental disabilities endowment trust fund as a condition of participation:

(1) State investment board fees. All investment and operating costs associated with the investment of money shall be paid to the state investment board from the trust fund, as required by RCW 43.33A.160 and 43.84.160.

(2) State treasurer fees. Fees charged for the services of the state treasurer will not exceed .00274% per day while funds remain in the custody of the state treasurer, as specified in RCW 43.08.190. State treasurer fees will be deducted from the trust fund.

(3) Annual management fees. An annual management fee will be charged to each individual trust account for services and other expenses deemed necessary by the governing board. The governing board shall authorize all changes in the annual management fees. The governing board may establish a minimum and a maximum annual management fee. Primary representatives of existing accounts will be notified sixty days in advance of the effective date of any changes in the minimum or maximum annual management fees.

(4) Enrollment fees. A six hundred dollar enrollment fee will be charged for each individual trust account at the time of enrollment. The governing board may adjust the enrollment fee on an annual basis, consistent with the limits set forth in RCW 43.135.055. The governing board shall authorize all changes in enrollment fees.

(5) Trust manager fees. Any fees for trust manager services will be charged by the entity under contract for trust management according to the terms of the contract between the trust manager and the developmental disabilities endowment trust fund. Current fee levels will be disclosed prior to enrollment. The governing board shall authorize all changes in the trust manager fees. Primary representatives of existing accounts will be notified sixty days in advance of the effective date of any changes in trust manager fees.

(6) Tax return preparation and filing fees. As necessary, the fees associated with preparing and filing tax returns for individual trust accounts will be deducted from those accounts. Current fee levels will be disclosed prior to enrollment. The governing board shall authorize all changes in tax return preparation and filing fees. Primary representatives of existing accounts will be notified sixty days in advance of the effective date of any changes in tax return preparation and filing fees.

(7) Fees for locating remainder beneficiaries named in the disposition plan. The governing board or its designee reserves the right to charge fees to cover the costs associated with locating any remainder beneficiary under the disposition plan. Fees for locating a remainder beneficiary of an individual trust account will be levied only against such accounts.

(8) Fees for resolving disposition plans and remainder beneficiaries. The governing board or its designee reserves the right to charge fees to cover the costs associated with resolving any remainder beneficiary under a disposition plan or terminating an account. This could include, but not be limited to, resolving tribal per capita payments, payments under the Alaska Native Claims Settlement Act, unnamed heirs in law, and nonjudicial agreements changing the disposition plan pursuant to WAC 365-220-045. Fees for resolving disposition plans or terminating an individual trust account will be levied only against such accounts.

History

Statutory Authority: RCW 43.330.430 through 43.330.437. WSR 19-07-034, § 365-220-080, filed 3/13/19, effective 4/13/19. Statutory Authority: RCW 43.330.240. WSR 02-07-026, § 365-220-080, filed 3/12/02, effective 4/12/02.

Wash. Admin. Code § 365-220-090 Are fees refundable?

No. Fees are not refundable.

History

Statutory Authority: RCW 43.330.240. WSR 02-07-026, § 365-220-090, filed 3/12/02, effective 4/12/02.

Wash. Admin. Code § 365-220-095 What happens when fees are past due?

Accounts with fees that are not paid for a period of ninety days will be closed. The primary representative of an account will be sent notification that the account will be closed prior to its closure. The governing board or its designee will make a determination regarding the disposition of any remaining money in the individual trust account.

History

Statutory Authority: RCW 43.330.430 through 43.330.437. WSR 19-07-034, § 365-220-095, filed 3/13/19, effective 4/13/19. Statutory Authority: RCW 43.330.240. WSR 02-07-026, § 365-220-095, filed 3/12/02, effective 4/12/02.

Wash. Admin. Code § 365-220-100 When and how may individual accounts be transferred?

A primary representative may request governing board approval for a transfer of an account to another special needs trust. This must be done through written correspondence to the governing board stating the reasons for the request. The governing board shall review all requests for transfers. Only the governing board or its designee may approve transfers. Any such transfers shall be consistent with the master trust and federal and state law.

The primary representative must contact the trust manager to initiate the funds transfer.

History

Statutory Authority: RCW 43.330.430 through 43.330.437. WSR 20-01-152, § 365-220-100, filed 12/17/19, effective 1/17/20
WSR 19-07-034, § 365-220-100, filed 3/13/19, effective 4/13/19. Statutory Authority: RCW 43.330.240. WSR 02-07-026, § 365-220-100, filed 3/12/02, effective 4/12/02.

Wash. Admin. Code § 365-220-105 Are there any guarantees related to the availability of matching money or earnings on investments?

No. There is no guarantee that any individual trust account will receive matching money from the state of Washington or from any other source. The availability and extent of the state match is dependent on the availability of matching money in the trust fund. The governing board has the exclusive discretion to determine availability.

The state of Washington, the state investment board, and the governing board make no guarantee related to the return on investments of money placed in the individual trust accounts or in the trust fund.

History

Statutory Authority: RCW 43.330.240. WSR 02-07-026, § 365-220-105, filed 3/12/02, effective 4/12/02.

Wash. Admin. Code § 365-220-110 Who establishes matching policies?

All matching policies applicable to state matching money are established by the governing board.

History

Statutory Authority: RCW 43.330.240. WSR 02-07-026, § 365-220-110, filed 3/12/02, effective 4/12/02.

Wash. Admin. Code § 365-220-115 How will access to state matching money be determined?

The state matching money is limited. Individual trust accounts will be assigned access to state matching money on a first come, first served basis or on another prioritized basis as determined by the governing board. Matching policies apply only to those individual trust accounts that have been assigned access to matching funds.

History

Statutory Authority: RCW 43.330.430 through 43.330.437. WSR 19-07-034, § 365-220-115, filed 3/13/19, effective 4/13/19. Statutory Authority: RCW 43.330.240. WSR 02-07-026, § 365-220-115, filed 3/12/02, effective 4/12/02.

Wash. Admin. Code § 365-220-120 How does an individual trust account initially qualify to receive state matching money?

Individual trust accounts become vested, or initially qualified to receive state matching money, by meeting requirements over a three-year period. Accounts vest by accumulating a minimum of twenty-five dollars per month of private contributions for three consecutive years. This may be accomplished through regular, periodic, or one time only contributions. However, contributions will not be credited for past months for the purposes of vesting. If the minimum contributions are withdrawn during the three-year vesting period, the account will not vest. Below are three examples of individual trust accounts that would vest after three years. In these examples, at least twenty-five dollars a month is contributed into the accounts. Contributions in excess of twenty-five dollars may be applied to future months for the purpose of vesting, but may not be applied to past months.

| MONTH | ACCOUNT 1 | ACCOUNT 2 | ACCOUNT 3 | | --- | --- | --- | --- | | 1 | $25.00 | $300.00 | $900.00 | | 2 | $25.00 | | | | 3 | $25.00 | | | | 4 | $25.00 | | | | 5 | $25.00 | | | | 6 | $25.00 | | | | 7 | $25.00 | | | | 8 | $25.00 | | | | 9 | $25.00 | | | | 10 | $25.00 | | | | 11 | $25.00 | | | | 12 | $25.00 | | | | 13 | $25.00 | $300.00 | | | 14 | $25.00 | | | | 15 | $25.00 | | | | 16 | $25.00 | | | | 17 | $25.00 | | | | 18 | $25.00 | | | | 19 | $25.00 | | | | 20 | $25.00 | | | | 21 | $25.00 | | | | 22 | $25.00 | | | | 23 | $25.00 | | | | 24 | $25.00 | | | | 25 | $25.00 | $300.00 | | | 26 | $25.00 | | | | 27 | $25.00 | | | | 28 | $25.00 | | | | 29 | $25.00 | | | | 30 | $25.00 | | | | 31 | $25.00 | | | | 32 | $25.00 | | | | 33 | $25.00 | | | | 34 | $25.00 | | | | 35 | $25.00 | | | | 36 | $25.00 | | | | Total | $900.00 | $900.00 | $900.00 |

History

Statutory Authority: RCW 43.330.240. WSR 02-07-026, § 365-220-120, filed 3/12/02, effective 4/12/02.

Wash. Admin. Code § 365-220-135 Are there time limits for earning the match?

As long as an individual trust account qualifies for state matching money, the individual trust account can continue to receive the match for as long as it takes to receive the lifetime maximum.

History

Statutory Authority: RCW 43.330.240. WSR 02-07-026, § 365-220-135, filed 3/12/02, effective 4/12/02.

Wash. Admin. Code § 365-220-140 Are extensions allowed?

One twelve-month extension may be granted to each individual trust account to extend the time to become vested to receive the match. To obtain the extension, a written request must be approved by the governing board or its designee.

History

Statutory Authority: RCW 43.330.430 through 43.330.437. WSR 19-07-034, § 365-220-140, filed 3/13/19, effective 4/13/19. Statutory Authority: RCW 43.330.240. WSR 02-07-026, § 365-220-140, filed 3/12/02, effective 4/12/02.

Wash. Admin. Code § 365-220-145 What is the matching rate on contributions?

The state matching rate on private contributions is twenty-five percent, applied to the annual and lifetime maximums. The matching rate and maximums may be changed at the discretion of the governing board. State matching money is not available for private contributions withdrawn in the same year that they are contributed.

History

Statutory Authority: RCW 43.330.240. WSR 02-07-026, § 365-220-145, filed 3/12/02, effective 4/12/02.

Wash. Admin. Code § 365-220-150 What is the amount of maximum annual contributions eligible for state matching money?

The amount of maximum annual private contributions eligible for state matching money is three thousand one hundred dollars. The maximum annual state match available for each beneficiary is seven hundred seventy-five dollars. The amount of the state match is based on the amount of private contributions, and does not take into account any return on the investment of the private contributions. This maximum may be changed at the discretion of the governing board.

History

Statutory Authority: RCW 43.330.430 through 43.330.437. WSR 19-07-034, § 365-220-150, filed 3/13/19, effective 4/13/19. Statutory Authority: RCW 43.330.240. WSR 02-07-026, § 365-220-150, filed 3/12/02, effective 4/12/02.

Wash. Admin. Code § 365-220-155 What is the amount of maximum lifetime contributions eligible for state matching money?

The amount of maximum allowable lifetime private contributions eligible for state matching money is thirty-one thousand dollars. The maximum lifetime state match available for each beneficiary is seven thousand seven hundred fifty dollars. The amount of the state match is based on the amount of private contributions, and will not take into account any return on the investment of the private contributions. This maximum may be changed at the discretion of the governing board.

History

Statutory Authority: RCW 43.330.240. WSR 02-07-026, § 365-220-155, filed 3/12/02, effective 4/12/02.

Wash. Admin. Code § 365-220-160 Is there a limit on individual savings?

There is no limit on savings in an individual trust account; there is only a limit on the amount of state matching money for which an individual trust account will qualify.

History

Statutory Authority: RCW 43.330.240. WSR 02-07-026, § 365-220-160, filed 3/12/02, effective 4/12/02.

Wash. Admin. Code § 365-220-165 May donors make lump sum contributions?

Private contributions may be deposited regularly, or in one or more lump sums.

History

Statutory Authority: RCW 43.330.240. WSR 02-07-026, § 365-220-165, filed 3/12/02, effective 4/12/02.

Wash. Admin. Code § 365-220-170 How many individual trust accounts for each beneficiary are eligible to receive state matching money?

Each beneficiary may have only one individual trust account that is qualified to receive state matching money at any given time. Additional individual trust accounts may be established, but will not be eligible to receive state matching money unless the first account is closed. If the individual trust account qualified to receive state matching money is closed, another individual trust account may be qualified to receive state matching money, as allowed in WAC 365-220-175.

History

Statutory Authority: RCW 43.330.240. WSR 02-07-026, § 365-220-170, filed 3/12/02, effective 4/12/02.

Wash. Admin. Code § 365-220-175 For beneficiaries with multiple individual trust accounts, how is it determined which individual trust account is eligible for state matching money?

For beneficiaries with multiple individual trust accounts, the first individual trust account assigned access to the state match will be eligible to receive the state match, provided it is qualified.

If a beneficiary has only one individual trust account, and that account is closed after it has vested, the next individual trust account opened for that beneficiary and assigned access to state matching money will be eligible to receive matching funds, subject to the first come, first served policy or other prioritized policy as determined by the governing board.

If a beneficiary has multiple individual trust accounts, and if an individual trust account for which they have vested is closed, vesting and access to the match are automatically transferred to another individual trust account for that beneficiary, with the transfer made to the longest existing account first.

History

Statutory Authority: RCW 43.330.430 through 43.330.437. WSR 19-07-034, § 365-220-175, filed 3/13/19, effective 4/13/19. Statutory Authority: RCW 43.330.240. WSR 02-07-026, § 365-220-175, filed 3/12/02, effective 4/12/02.

Wash. Admin. Code § 365-220-180 In what proportion are state matching funds spent?

State matching money will only be disbursed from an individual trust account after that individual trust account has vested. For every disbursement made from an individual trust account that has vested, the amount of state matching money disbursed will be equal to the percentage of the overall balance of the individual trust account which is represented by the state matching money (plus the earnings on the state matching money) multiplied by the amount of the disbursement.

History

Statutory Authority: RCW 43.330.430 through 43.330.437. WSR 19-07-034, § 365-220-180, filed 3/13/19, effective 4/13/19. Statutory Authority: RCW 43.330.240. WSR 02-07-026, § 365-220-180, filed 3/12/02, effective 4/12/02.

Wash. Admin. Code § 365-220-185 What is the enrollment match?

After two hundred dollars of the enrollment fee is paid, the enrollment fee will be matched at the rate of one dollar to one dollar. The maximum enrollment match is four hundred dollars per beneficiary. The governing board may adjust the maximum enrollment match at its discretion. The enrollment match may be earned prior to vesting but may not be spent prior to vesting. Matching funds allocated for this purpose will not count against the beneficiary's maximum annual or lifetime match. The enrollment match will be credited to the individual trust account and begin to accumulate earnings when the enrollment process is completed for that individual trust account.

History

Statutory Authority: RCW 43.330.430 through 43.330.437. WSR 19-07-034, § 365-220-185, filed 3/13/19, effective 4/13/19. Statutory Authority: RCW 43.330.240. WSR 02-07-026, § 365-220-185, filed 3/12/02, effective 4/12/02.

Wash. Admin. Code § 365-220-190 What is the annual management fee match?

The annual management fee match will be determined by the governing board.

History

Statutory Authority: RCW 43.330.430 through 43.330.437. WSR 19-07-034, § 365-220-190, filed 3/13/19, effective 4/13/19. Statutory Authority: RCW 43.330.240. WSR 02-07-026, § 365-220-190, filed 3/12/02, effective 4/12/02.

Chapter 365-230 Accreditation of lead-based paint training programs and the certification of firms and individuals conducting lead-based paint activities and renovation.

Wash. Admin. Code § 365-230-010 Authority, purpose and scope.

(1) The authority for these regulations is chapter 70A.420 RCW.

(2) Purpose.

(a) These regulations address Washington's need for a qualified and properly trained work force to perform lead-based paint activities, and lead-based paint renovation work, as defined in these rules, to safeguard the environment and protect human health, especially for children under six years of age and other high-risk groups from lead-based paint hazards.

(b) These regulations prescribe the accreditation requirements for training providers offering lead-based paint activities and lead-based paint renovation training courses to qualify individuals for lead-based paint certification and will require that all lead-based paint training courses be offered or provided only by accredited training providers.

(c) These regulations prescribe the certification requirements of individuals and firms engaged in lead-based paint activities and renovation in target housing and child occupied facilities.

(d) These regulations establish work practice standards for the performance of lead-based paint abatement, inspection, risk assessment, renovation, dust sampling by individuals and firms, and will require that only certified individuals and the certified firms employing such individuals perform these lead-based paint activities and lead-based paint renovations.

(3) Scope.

(a) These rules apply to all individuals and firms that are engaged in lead-based paint activities and lead-based paint renovation as defined in these regulations, (WAC 365-230-200 and 365-230-330) except persons who perform these activities within residential dwellings that they own, unless the residential dwelling is occupied by a person or persons other than the owner or the owner's immediate family while these activities are being performed, or a child residing in the building has been identified as having an elevated blood lead level.

(b) These rules establish the requirement that lead-based paint activities and renovation be performed only by certified individuals and the certified firms employing such individuals.

(c) These rules prescribe the requirements for, and the manner of, certifying competency of applicants for certification of lead-based paint inspector, risk assessor, renovator, dust sampling technician, supervisor, project designer, and abatement worker, and of legally registered firms employing such individuals.

(d) These rules prescribe work practice standards for lead-based paint abatement and renovation, and for the performance of lead-based paint inspection, risk assessment, renovation, dust sampling, and those actions or circumstances that constitute failure to achieve or maintain competency, or that otherwise are contrary to the public interest, for which the department may deny, suspend, revoke, or modify certification.

(e) These rules establish application fees for certification and accreditation.

(f) These rules establish a procedure by which training providers may apply for and obtain accreditation to offer initial and refresher lead-based paint courses in any of the following disciplines: Inspector, risk assessor, renovator, dust sampling technician, supervisor, project designer, and abatement worker.

(g) These rules prescribe the requirements for training programs to provide, offer, or claim to provide accredited lead-based paint activities and renovation courses.

(h) These rules prescribe those actions or circumstances that constitute failure to achieve or maintain competency, or that otherwise are contrary to the public interest, for which the department may deny, suspend, revoke or modify accreditation.

(i) These rules describe the actions or failures to act that constitute violations of these rules and for which the department may issue fines.

(j) These rules establish a schedule of penalties for failure to comply with these rules.

History

Statutory Authority: Chapter 70A.420 RCW. WSR 21-22-070, § 365-230-010, filed 10/29/21, effective 11/29/21. Statutory Authority: RCW 70.103.10 [70.103.010], 70.103.20 [70.103.020], 70.103.30 [70.103.030], 70.103.40 [70.103.040], 70.103.50 [70.103.050], 70.10.80 [70.103.080], and 70.103.90 [70.103.090]. WSR 11-07-067, § 365-230-010, filed 3/21/11, effective 4/21/11. Statutory Authority: Chapter 70.103 RCW. WSR 07-07-044, § 365-230-010, filed 3/13/07, effective 4/13/07. Statutory Authority: RCW 70.103.0030(2) [70.103.030(2)], 70.103.020, 70.103.030, 70.103.040, 70.103.050, 70.103.060, 70.103.070, 70.103.080, 70.103.090. WSR 04-10-037, § 365-230-010, filed 4/29/04, effective 5/30/04.

Wash. Admin. Code § 365-230-015 Adoption by reference.

All standards, listings and publications referred to in these rules are by those references made a part of these rules as though fully set forth.

History

Statutory Authority: RCW 70.103.0030(2) [70.103.030(2)], 70.103.020, 70.103.030, 70.103.040, 70.103.050, 70.103.060, 70.103.070, 70.103.080, 70.103.090. WSR 04-10-037, § 365-230-015, filed 4/29/04, effective 5/30/04.

Wash. Admin. Code § 365-230-016 Contact information for accreditation and certification matters.

Application materials and information concerning lead-based paint accreditation and certification as described in these rules can be obtained from the lead-based paint program via the following contact information:

(1) Mailing address: Lead-Based Paint Program, P.O. Box 42525, Olympia, WA 98504-2525

(2) Telephone number: 360-586-LEAD (5323)

(3) Website: www.commerce.wa.gov/lead.

History

Statutory Authority: RCW 70.103.10 [70.103.010], 70.103.20 [70.103.020], 70.103.30 [70.103.030], 70.103.40 [70.103.040], 70.103.50 [70.103.050], 70.10.80 [70.103.080], and 70.103.90 [70.103.090]. WSR 11-07-067, § 365-230-016, filed 3/21/11, effective 4/21/11. Statutory Authority: Chapter 70.103 RCW. WSR 07-07-044, § 365-230-016, filed 3/13/07, effective 4/13/07. Statutory Authority: RCW 70.103.0030(2) [70.103.030(2)], 70.103.020, 70.103.030, 70.103.040, 70.103.050, 70.103.060, 70.103.070, 70.103.080, 70.103.090. WSR 04-10-037, § 365-230-016, filed 4/29/04, effective 5/30/04.

Wash. Admin. Code § 365-230-020 Definitions.

As used in these rules unless otherwise required by context:

(1) "Abatement" means any measure or set of measures designed to permanently eliminate lead-based paint hazards including, but not limited to:

(a) The removal of paint and dust, the permanent enclosure or the encapsulation of lead-based paint with an EPA-approved encapsulant, the replacement of painted surfaces or fixtures, or the removal or covering of soil, when lead-based paint hazards are present in such paint, dust or soil; and

(b) All preparation, cleanup, disposal, and post-abatement clearance testing activities associated with such measures.

Specifically, abatement includes, but is not limited to:

(i) Projects for which there is a written contract or other documentation, which provides that an individual or firm will be conducting activities in or to a residential dwelling or child-occupied facility that results in permanent elimination of lead-based paint hazards or designed to permanently eliminate lead-based paint hazards and described in (a) and (b) of this subsection.

(ii) Projects resulting in the permanent elimination of lead-based paint hazards, conducted by certified and licensed firms or individuals, unless such projects are covered under (c) of this subsection.

(iii) Projects resulting in the permanent elimination of lead-based paint hazards, conducted by firms or individuals who, through their company name or promotional literature, represent, advertise, or hold themselves out to be in the business of performing lead-based paint activities, unless such projects are covered under (c) of this subsection.

(iv) Projects resulting in the permanent elimination of lead-based paint hazards, that are conducted in response to state or local abatement orders.

(c) Abatement does not include renovation, remodeling, landscaping or other activities, when such activities are not designed to permanently eliminate lead-based paint hazards, but, instead, are designed to repair, restore, or remodel a given structure or dwelling, even though these activities may incidentally result in a reduction or elimination of lead-based paint hazards. Furthermore, abatement does not include interim controls, operations and maintenance activities, or other measures and activities designed to temporarily, but not permanently, reduce lead-based paint hazards.

(2) "Accreditation" means the process whereby the department has reviewed and approved a training provider's written application with associated materials for accreditation, and has conducted an on-site audit finding the training program is in compliance as specified in these rules.

(3) "Accredited training program" means a training program accredited by the department, either directly or through a reciprocity agreement with other jurisdictions, to provide training for individuals engaged in lead-based paint activities, renovation, or dust sampling.

(4) "Accredited training course" means either an initial or a refresher training course accredited by the department, either directly or through a reciprocity agreement with other jurisdictions, that provides training for individuals engaged in lead-based paint activities and renovation.

(5) "Accredited training provider" means an individual, corporation, partnership or other unincorporated association or public entity to which the department has approved accreditation to offer one or more lead-based paint courses.

(6) "Approved" means approved in writing by the department.

(7) "Arithmetic mean" means the algebraic sum of data values divided by the number of data values (e.g., the sum of the concentration of lead in several soil samples divided by the number of samples).

(8) "Business day" means Monday through Friday with the exception of legal Washington state holidays.

(9) "Certified" means issued a certificate by the department based on meeting requirements for the appropriate discipline. Those requirements include, but are not limited to, the following:

(a) Successful completion of a training program accredited by the department; and

(b) Receiving a passing score on a certification examination administered by the department for inspectors, risk assessors or supervisors, or for lead-based paint workers, renovators and dust sampling technicians, a passing score on an examination administered by the training firm; and

(d) Submittal and approval of the appropriate application by the department for inspection, risk assessment, supervisor or worker activities in target housing and child-occupied facilities; and

(e) Submittal and approval of the appropriate renovator or dust sampling technician application by the department.

| Note: | Guidance policy is written to grandfather in all Washington state residents previously certified by EPA as renovators, dust sampling technicians, or Washington renovation firms into the department. Out-of-state residents are required to submit appropriate renovator, dust sampling technician, or renovation firm application and fee to the department. | | --- | --- |

(10) "Certified firm" means a company, partnership, corporation, sole proprietorship, association, or other business entity that performs lead-based paint activities to which the department has issued a certificate under these rules.

(11) "Child-occupied facility" means a building, or a portion of a building, constructed prior to 1978, visited regularly by the same child, under the age of six, on at least two different days within any week (Sunday through Saturday period), provided that each day's visit lasts at least three hours and the combined weekly visit lasts at least six hours, and the combined annual visits last at least 60 hours. Child-occupied facilities may include, but are not limited to, day care centers, preschools and kindergarten classrooms. Child-occupied facilities may be located in target housing or in public or commercial buildings. With respect to common areas in public or commercial buildings that contain child-occupied facilities, the child-occupied facility encompasses only those common areas that are routinely used by children under age six, such as restrooms and cafeterias. Common areas that children under age six only pass through, such as hallways, stairways, and garages are not included. In addition, with respect to exteriors of public or commercial buildings that contain child-occupied facilities, the child-occupied facility encompasses only the exterior sides of the building that are immediately adjacent to the child-occupied facility or the common areas routinely used by children under age six.

(12) "Clearance levels" are values that indicate the amount of lead in dust on a surface following the completion of an abatement activity. To achieve clearance when dust sampling is required, values below these levels must be achieved.

(13) "Clearance dust levels" means less than 10 µg/ft2 on floors, 100 µg/ft2 on interior window sills, and 400 µg/ft2 on window troughs.

(14) "Common area" means a portion of a building that is generally accessible to all occupants that may include, but that is not limited to, hallways, stairways, laundry and recreational rooms, playgrounds, community centers, garages, and boundary fences.

(15) "Common area group" means a group of common areas that are similar in design, construction, and function. Common area groups include, but are not limited to, hallways, stairwells, and laundry rooms.

(16) "Component or building component" means specific design or structural elements or fixtures of a building, residential dwelling, or child-occupied facility that are distinguished from each other by form, function, and location. These include, but are not limited to, interior components such as: Ceilings, crown molding, walls, chair rails, doors, door trim, floors, fireplaces, radiators and other heating units, shelves, shelf supports, stair treads, stair risers, stair stringers, newel posts, railing caps, balustrades, windows and trim (including sashes, window heads, jambs, sills or stools and troughs), built in cabinets, columns, beams, bathroom vanities, counter tops, and air conditioners; and exterior components such as: Painted roofing, chimneys, flashing, gutters and downspouts, ceilings, soffits, fascias, rake boards, cornerboards, bulkheads, doors and door trim, fences, floors, joists, lattice work, railings and railing caps, siding, handrails, stair risers and treads, stair stringers, columns, balustrades, window sills or stools and troughs, casings, sashes and wells, and air conditioners.

(17) "Concentration" means the relative content of a specific substance contained within a larger mass, such as the amount of lead (in micrograms per square foot (µg/ft2) or micrograms per gram (µg/g) or parts per million by weight (ppm)) in a sample of dust or soil.

(18) "Containment" means a process to protect workers and the environment by controlling exposures to the lead-contaminated dust and debris created during an abatement or renovation.

(19) "Course agenda" means an outline of the key topics to be covered during a training course, including the time allotted to teach each topic.

(20) "Course test" means an evaluation of the overall effectiveness of the training which shall test the trainees' knowledge and retention of the topics covered during the course.

(21) "Course completion date" means the final date of classroom instruction and/or student examination of an accredited lead-based paint training course.

(22) "Course completion certificate" means documentation issued by an accredited training provider to an individual as proof of successful completion of a department-approved lead-based paint course or initial training course. All course completion certificates for lead-based paint activities are valid for six months from the course completion date.

(23) "Course test blueprint" means written documentation identifying the proportion of course test questions devoted to each major topic in the course curriculum.

(24) "Demonstration testing" means the observation and scoring of a student's job task and equipment use skills taught during an initial or refresher training course.

(25) "Department" means the department of commerce.

(26) "Deteriorated paint" means any interior or exterior paint or other coating that is peeling, chipping, chalking or cracking, or any paint or coating located on an interior or exterior surface or fixture that is otherwise damaged or separated from the substrate.

(27) "Director" means the director of the department of commerce.

(28) "Discipline" means one of the specific types or categories of lead-based paint activities or renovation identified in these rules for which individuals may receive training from accredited programs and become certified by the department. For example, "abatement worker" is a discipline.

(29) "Distinct painting history" means the application history, as indicated by the visual appearance or a record of application, over time, of paint or other surface coatings to a component or room.

(30) "Documented methodologies" are the methods or protocols used to sample for the presence of lead in paint, dust, and soil.

(31) "Dripline" means the area within three feet surrounding the perimeter of a building.

(32) "Dust-lead hazard" means surface dust in a residential dwelling or child-occupied facility that contains a mass-per-area concentration of lead equal to or exceeding 10 µg/ft2 on floors or 100 µg/ft2 on interior window sills or 400 µg/ft2 on window troughs based on wipe samples.

(33) "Elevated blood lead level (EBL)" means an excessive absorption of lead that is a confirmed concentration of lead in whole blood of 20 µg/dl (micrograms of lead per deciliter of whole blood) for a single venous test or of 15-19 µg/dl in two consecutive tests taken three to four months apart.

(34) "Encapsulant" means an EPA-approved substance that forms a barrier between lead-based paint and the environment using a liquid applied coating (with or without reinforcement materials) or an adhesively bonded covering material.

(35) "Encapsulation" means the application of an encapsulant.

(36) "Enclosure" means the use of rigid, durable construction materials that are mechanically fastened to the substrate in order to act as a barrier between lead-based paint and the environment.

(37) "EPA" means the Environmental Protection Agency.

(38) "Firm" means a sole proprietorship, corporation, association, firm, partnership, or joint stock company legally registered with the Washington department of licensing to conduct business in the state of Washington.

(39) "Friction surface" means an interior or exterior surface that is subject to abrasion or friction including, but not limited to, certain window, floor, and stair surfaces.

(40) "Guest instructor" means an individual designated by the training program manager or principal instructor to provide instruction specific to the lecture, hands-on activities, or work practice components of a course.

(41) "Hands-on training" means training during which students practice skills that they will be expected to perform at the worksite.

(42) "Hands-on skills assessment" means an evaluation which tests the trainees' ability to satisfactorily perform the work practices and procedures identified in WAC 365-230-200 or 365-230-330 as well as any other skill taught in a training course.

(43) "Impact surface" means an interior or exterior surface that is subject to damage by repeated sudden force such as certain parts of door frames.

(44) "Initial training course" means a full, accredited lead-based paint training course required for certification. It is different than a refresher course.

(45) "Inspection" means a surface-by-surface investigation to determine the presence of lead-based paint and the provision of a report, in writing, explaining the results of the investigation.

(46) "Inspector" means an individual who is certified by the department to conduct in target housing and child-occupied facilities a surface-by-surface investigation to determine the presence of lead-based paint and the provision of a report, in writing; and conduct clearance procedures in accordance with WAC 365-230-200. An inspector may also collect dust and soil samples to perform clearance testing. An inspector may cite the applicable standard for the medium being sampled, but may not evaluate the results or assess risk.

(47) "Interim controls" mean a set of measures designed to temporarily reduce human exposure or likely exposure to lead-based paint hazards, including specialized cleaning, repairs, maintenance, painting, temporary containment, ongoing monitoring of lead-based paint hazards or potential hazards, and the establishment and operation of management and resident education programs.

(48) "Interior window sill" means the portion of the horizontal window ledge that protrudes into the interior of the room.

(49) "Landlord" means an individual or company who owns the property, maintains and manages the property by themselves, and they do not outsource the management of the property to a third party.

(50) "Lead-based paint" means paint or other surface coatings that contain lead equal to or in excess of 1.0 milligram per square centimeter, 5000 parts per million, or 0.5 percent by weight.

(51) "Lead-based paint activities" mean, in the case of target housing and child-occupied facilities, inspection, risk assessment, and abatement, as defined in these rules.

(52) "Lead-based paint activities courses" mean training courses (worker, supervisor, inspector, risk assessor, project designer) provided by accredited training providers.

(53) "Lead-based paint hazard" means hazardous lead-based paint, dust-lead hazard or soil-lead hazard as identified in these rules.

(54) "Lead-hazard screen" is a limited risk assessment activity that involves limited paint and dust sampling as described in WAC 365-230-200.

(55) "Licensed" means a person who has been certified by the department in one or more disciplines.

(56) "Living area" means any area of a residential dwelling used by one or more children under the age of six including, but not limited to, living rooms, kitchen areas, dens, play rooms, and children's bedrooms.

(57) "Loading" means the quantity of specific substance present per unit of surface area, such as the amount of lead in micrograms contained in the dust collected from a certain surface area divided by the surface area in square feet or square meters.

(58) "Multifamily dwelling" means a structure that contains more than one separate residential dwelling unit, which is used or occupied, or intended to be used or occupied, in whole or in part, as the home or residence of one or more persons.

(59) "Multifamily housing" means a housing property consisting of more than four dwelling units.

(60) "Paint-lead hazard" means any of the following:

(a) Any lead-based paint on a friction surface that is subject to abrasion and where the lead dust levels on the nearest horizontal surface underneath the friction surface (e.g., the window sill, or floor) are equal to or greater than the dust-lead hazard levels identified in these rules.

(b) Any damaged or otherwise deteriorated lead-based paint on an impact surface that is caused by impact from a related building component (such as a door knob that knocks into a wall or a door that knocks against its door frame).

(d) Any other deteriorated lead-based paint in any residential building or child-occupied facility or on the exterior of any residential building or child-occupied facility.

(61) "Permanent" means having an expected design life of 20 years.

(62) "Person" means any natural or judicial person including any individual, corporation, partnership, or association; any Indian tribe, state, or political subdepartment thereof; any interstate body; and any department, agency, or instrumentality of the federal government.

(63) "Play area" means an area of frequent soil contact by children of less than six years of age as indicated by, but not limited to, such factors including the following: The presence of play equipment (e.g., sandboxes, swing sets, and sliding boards), toys, or other children's possessions, observations of play patterns, or information provided by parents, residents, care givers, or property owners.

(64) "Preliminary clearance" means clearance of interior living areas according to which an inspector or risk assessor determines that residual lead levels (as determined by laboratory analysis) do not exceed clearance levels.

(65) "Principal instructor" means the individual who has the primary responsibility for organizing and teaching a particular course.

(66) "Proficiency test" means any alternative to a conventional written examination that is used to measure a trainee's mastery of course content. An oral examination offered to a trainee with a manual disability is an example of a proficiency test.

(67) "Project designer" means an individual who is certified by the department to interpret lead inspection or risk assessment reports and to develop plans, specifications, and project procedures for large lead abatement projects in target housing and child-occupied facilities, including occupant notification and protection, cleanup and clearance, and abatement reports.

(68) "Property manager" or "hired service" means an individual or company hired by the property owners to manage the property. Property managers may or may not have their own maintenance staff who work on these properties.

(69) "Refresher training course" means a minimum of eight training hours, or four training hours for project designer, renovator, or dust sampling technician accredited by the department to update an individual's knowledge and skills in the discipline in which training is offered.

(70) "Renovator courses" means certified renovator or certified dust sampling technician courses accredited by the department.

(71) "Residential dwelling" means:

(a) A detached single-family dwelling unit, including attached structures such as porches and stoops; or

(b) A single-family dwelling unit in a structure that contains more than one separate residential dwelling unit, which is used or occupied, or intended to be occupied, in whole or in part, as the home or residence of one or more persons.

(72) "Risk assessment" means an on-site investigation to determine the existence, nature, severity, and location of lead-based paint hazards, and the provision of a report by the individual or the firm conducting the risk assessment, explaining the results of the investigation and options for reducing lead-based paint hazards.

(73) "Risk assessor" means an individual who is certified by the department to conduct in target housing and child-occupied facilities on-site investigation to determine the existence, nature, severity, and location of lead-based paint hazards, and to provide a report explaining the results of the investigation and options for reducing lead-based paint hazards; and who may conduct a lead-hazard screen, in accordance with WAC 365-230-200.

(74) "Room" means a separate part of the inside of a building, such as a bedroom, living room, dining room, kitchen, bathroom, laundry room, or utility room. To be considered a separate room, the room must be separated from adjoining rooms by built-in walls or archways that extend at least six inches from an intersecting wall. Half walls or bookcases count as room separators if built-in. Movable or collapsible partitions or partitions consisting solely of shelves or cabinets are not considered built-in walls. A screened-in porch that is used as a living area is a room.

(75) "Sample quality control" means a plan or design which ensures the authenticity, integrity, and accuracy of samples, including dust, soil, and paint chip or film samples. Sample quality control also includes provisions for representative sampling and control samples.

(76) "Scope of work" means a written description of all of the abatement activities to be conducted at a specific abatement project site.

(77) "Soil-lead hazard" means bare soil on residential real property or on the property of a child-occupied facility that contains total lead equal to or exceeding 250 parts per million or, (mg/kg) based on soil samples.

(78) "Soil sample" means a sample collected in a representative location using ASTM E1727, "Standard Practice for Field Collection of Soil Samples for Lead Determination by Atomic Spectrometry Techniques," or equivalent method. ASTM standards can be obtained from ASTM International, P.O. Box C700, West Conshohocken, PA 19428-2929, via phone at 610-832-9525, or electronically at www.astm.org

(79) "Supervisor" means an individual who is certified by the department to either conduct or oversee and direct the work-site conduct of lead-based paint abatement activities in target housing and child-occupied facilities, and to prepare occupant protection plans and abatement reports in accordance with WAC 365-230-200.

(80) "Target housing" means any housing constructed prior to 1978, except housing for the elderly or persons with disabilities or any 0-bedroom dwelling (unless any one or more children under the age of six resides or is expected to reside in such housing for the elderly or persons with disabilities or any 0-bedroom dwelling).

(81) "These rules" means Washington Administrative Code (WAC) 365-230-010 through 365-230-385.

(82) "Train-the-trainer course" means a course that includes, but is not limited to, instruction in the planning and teaching of adult education, adult learning principles, designing training objectives, selecting and designing training activities, creating an effective learning environment, facilitating group involvement and discussions, and strategies for dealing with difficult training situations and difficult learners.

(83) "Training curriculum" means an established set of course topics for instruction in an accredited training program for a particular discipline designed to provide specialized knowledge and skills.

(84) "Training hour" means at least 50 minutes of actual learning including, but not limited to, time devoted to lecture, learning activities, small group activities, demonstrations, evaluations, and/or hands-on experience.

(85) "Training manager" means the individual responsible for administering a training program and monitoring the performance of principal instructors and guest instructors.

(86) "Training provider" means any business entity accredited under WAC 365-230-035 and 365-230-040 that offers lead-based paint activities and renovation courses.

(87) "Weighted arithmetic mean" means the arithmetic mean of sample results weighted by the number of subsamples in each sample. Its purpose is to give influence to a sample relative to the surface area it represents. A single surface sample is comprised of a single subsample. A composite sample may contain from two to four subsamples of the same area as each other and of each single surface sample in the composite. The weighted arithmetic mean is obtained by summing, for all samples, the product of the sample's result multiplied by the number of subsamples in the sample, and dividing the sum by the total number of subsamples contained in all samples. For example the weighted arithmetic mean of a single surface sample containing 60 µg/ft2, a composite sample (three subsamples) containing 100 µg/ft2, and a composite sample (four subsamples) containing 110 mg/ft2 is 100 µg/ft2. This result is based on the equation [60+(3100)+(4110)]/(1+3+4).

(88) "Window trough" means for a typical double-hung window, the portion of the exterior window sill between the interior window sill (or stool), and the frame of the storm window. If there is no storm window, the window trough is the area that receives both the upper and lower window sashes when they are both lowered. The window trough is sometimes referred to as the window "well."

(89) "Wipe sample" means a sample collected by wiping a representative surface of known area, as determined by ASTM E1728, "Standard Practice for Field Collection of Settled Dust Samples Using Wipe Sampling Methods for Lead Determination by Atomic Spectrometry Techniques," or equivalent method, with an acceptable wipe material as defined in ASTM E 1792, "Standard Specification for Wipe Sampling Materials for Lead in Surface Dust." ASTM standards can be obtained from ASTM International, P.O. Box C700, West Conshohocken, PA 19428-2929, via phone at 610-832-9525, or electronically at www.astm.org

(90) "Worker" means an individual who is certified by the department to conduct lead-based paint abatement activities in target housing and child-occupied facilities in accordance with WAC 365-230-200.

Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency.

Wash. Admin. Code § 365-230-030 Accreditation required.

(1) No firm, individual or other entity shall provide, offer, or claim to provide a department-accredited lead-based paint training course without applying for and receiving accreditation from the department as required by these rules.

(2) A training provider may be accredited for the initial inspector, risk assessor, renovator, dust sampling technician, abatement worker, supervisor, and project designer training courses or for refresher training courses within the same disciplines.

(3) Only accredited training providers are eligible to offer initial and refresher lead-based paint training courses.

(4) To qualify for and maintain accreditation, a training provider shall:

(a) Propose and offer at least one accredited lead-based paint training course.

(b) Conform to personnel, operational and curriculum requirements.

History

Statutory Authority: RCW 70.103.10 [70.103.010], 70.103.20 [70.103.020], 70.103.30 [70.103.030], 70.103.40 [70.103.040], 70.103.50 [70.103.050], 70.10.80 [70.103.080], and 70.103.90 [70.103.090]. WSR 11-07-067, § 365-230-030, filed 3/21/11, effective 4/21/11. Statutory Authority: Chapter 70.103 RCW. WSR 07-07-044, § 365-230-030, filed 3/13/07, effective 4/13/07. Statutory Authority: RCW 70.103.0030(2) [70.103.030(2)], 70.103.020, 70.103.030, 70.103.040, 70.103.050, 70.103.060, 70.103.070, 70.103.080, 70.103.090. WSR 04-10-037, § 365-230-030, filed 4/29/04, effective 5/30/04.

Wash. Admin. Code § 365-230-035 Training provider application process.

The following are procedures a training program must follow to receive accreditation by the department to offer lead-based paint activities training courses, or renovation and dust sampling technician courses:

(1) A training program seeking accreditation shall submit a complete written application to the department. To be considered complete, the application must be on the appropriate departmental form and include all required documentation and attachments.

(2) Information that must be provided with the application is as follows:

(a) Name, address, and phone number of training provider and training program manager.

(b) A list of course(s) for which accreditation is being applied. For the purposes of this section, courses taught in different languages and electronic learning courses are considered different courses, and each must independently meet the accreditation requirements.

(d) The name(s) and documentation of qualifications of any principal instructor(s).

(e) A statement signed by the training program manager certifying that the training program meets the requirements under WAC 365-230-040.

(f) If a training program uses EPA-recommended model training materials, or training materials approved by an EPA-authorized state or Indian tribe, the training manager shall include a statement certifying that. If the training program makes any changes or additions to the model curriculum, the training manager shall submit a statement indicating the changes or additions and shall submit a copy of the new or changed curriculum. It is not necessary to submit unchanged model training curriculum materials.

(g) If a training program does not use model training materials as described in (f) of this subsection, the training manager shall include: A copy of the entire course instruction curriculum including, but not limited to: Learning objectives; documentation of course agenda with time allocation for each course topic; the sequence of topics to be covered during the course(s); student and instructor manuals, and any other materials to be used for the course.

(h) When applying for accreditation of a course in a language other than English, a signed statement from a qualified, independent translator that they had compared the course to the English language version and found the translation to be accurate.

(i) All applications for accreditation shall include:

(i) A copy of the course test blueprint describing the portion of test questions devoted to each major course topic.

(ii) A description of the facilities and equipment to be used for lecture and hands-on training, respectively.

(iii) A description of the activities and procedures that will be used for conducting the assessment of hands-on skills for each course.

(iv) A copy of the quality control plan developed by the training manager. The plan shall be used to maintain and improve the training program and contain at least the following elements:

(A) Procedures for periodic revision of training materials and course test to be current with innovations in the field.

(B) Procedures for the training manager's annual review of principal instructor competency.

(v) Documentation of accreditation by other state or federal agencies, if applicable.

(vi) A check or money order made out to the department of commerce in the amount as described in WAC 365-230-120.

History

Statutory Authority: Chapter 70A.420 RCW. WSR 21-22-070, § 365-230-035, filed 10/29/21, effective 11/29/21. Statutory Authority: RCW 70.103.030. WSR 14-03-104, § 365-230-035, filed 1/20/14, effective 2/20/14. Statutory Authority: RCW 70.103.10 [70.103.010], 70.103.20 [70.103.020], 70.103.30 [70.103.030], 70.103.40 [70.103.040], 70.103.50 [70.103.050], 70.10.80 [70.103.080], and 70.103.90 [70.103.090]. WSR 11-07-067, § 365-230-035, filed 3/21/11, effective 4/21/11. Statutory Authority: Chapter 70.103 RCW. WSR 07-07-044, § 365-230-035, filed 3/13/07, effective 4/13/07. Statutory Authority: RCW 70.103.0030(2) [70.103.030(2)], 70.103.020, 70.103.030, 70.103.040, 70.103.050, 70.103.060, 70.103.070, 70.103.080, 70.103.090. WSR 04-10-037, § 365-230-035, filed 4/29/04, effective 5/30/04.

Wash. Admin. Code § 365-230-040 Requirements for the accreditation of training programs.

For a training program to obtain accreditation from the department to offer lead-based paint activities courses, lead-based paint renovation courses or dust sampling technician courses, the program shall meet the following requirements:

(1) The training program shall employ a training manager who has:

(a) At least two years of experience, education, or training in teaching workers or adults; or

(b) A bachelor's or graduate degree in building construction technology, engineering, industrial hygiene, safety, public health, education, business administration or program management or a related field; or

(d) Demonstrated experience, education, or training in the construction industry including: Lead or asbestos abatement, painting, carpentry, renovation, remodeling, occupational safety and health, or industrial hygiene.

(2) The training manager shall designate a qualified principal instructor for each course who has:

(a) Demonstrated experience, education, or training in teaching workers or adults; and

(b) Successfully completed at least sixteen hours of any department-accredited, EPA-accredited or tribal-accredited lead-specific training for instructors of lead-based paint activities courses; or at least eight hours of any department-accredited, EPA-accredited or tribal-accredited lead-specific training for instructors of renovator or dust sampling technician courses; and

(c) Demonstrated experience, education, or training in lead or asbestos abatement, painting, carpentry, renovation, remodeling, occupational safety and health, or industrial hygiene.

(3) The principal instructor shall be responsible for the organization of the course, course delivery, and oversight of the teaching of all course material. The training manager may designate guest instructors as needed for a portion of the course to provide instruction specific to the lecture, hands-on activities, or work practice components of a course. However, the principal instructor is primarily responsible for teaching the course materials and must be present to provide instruction (or oversight of portions of the course taught by guest instructors) for the course for which he has been designated the principal instructor.

(4) The following documents shall be recognized by the department as evidence that training managers and principal instructors have the education, work experience, training requirements or demonstrated experience, specifically listed in subsections (1), (2), and (3) of this section. This documentation must be submitted with the accreditation application, and retained by the training program as required by the recordkeeping requirements contained in WAC 365-230-090. Those documents include the following:

(a) Official academic transcripts or diploma as evidence of meeting the education requirements.

(b) Resumes, letters of reference, or documentation of work experience, as evidence of meeting the work experience requirements.

(c) Certificates from train-the-trainer courses and lead-specific training courses, as evidence of meeting the training requirements.

(5) The training program shall ensure the availability of, and provide adequate facilities for, the delivery of the lecture, course test, hands-on training, and assessment activities. This includes providing training equipment that reflects current work practices and maintaining or updating the equipment and facilities as needed.

(6) To become accredited in the following disciplines, the training program shall provide training courses that meet the following training hour requirements:

(a) The inspector course shall last a minimum of twenty-four training hours, with a minimum of eight hours devoted to hands-on training activities. The minimum curriculum requirements for the inspector course are contained in WAC 365-230-050.

(b) The risk assessor course shall last a minimum of sixteen training hours, with a minimum of four hours devoted to hands-on training activities. The minimum curriculum requirements for the risk assessor course are contained in WAC 365-230-050.

(c) The supervisor course shall last a minimum of thirty-two training hours, with a minimum of eight hours devoted to hands-on activities. The minimum curriculum requirements for the supervisor course are contained in WAC 365-230-050.

(d) The project designer course shall last a minimum of eight training hours. The minimum curriculum requirements for the project designer course are contained in WAC 365-230-050.

(e) The abatement worker course shall last a minimum of sixteen training hours, with a minimum of eight hours devoted to hands-on training activities. The minimum curriculum requirements for the abatement worker course are contained in WAC 365-230-050.

(f) The renovator course must last a minimum of eight training hours, with a minimum of two hours devoted to hands-on training activities. The minimum curriculum requirements for the renovator course are contained in WAC 365-230-050(6).

(g) The dust sampling technician course must last a minimum of eight training hours, with a minimum of two hours devoted to hands-on training activities. The minimum curriculum requirements for the dust sampling technician course are contained in WAC 365-230-050(7).

(7) Electronic learning and other alternative course delivery methods are permitted for the classroom portion of renovator, dust sampling technician, or lead-based paint activities courses but not the hands-on portion of these courses, or for final course tests or proficiency tests described in subsection (8) of this section.

(a) A unique identifier must be assigned to each student for them to use to launch and relaunch the course.

(b) The training provider must track each student's course log-ins, launches, progress, and completion, and maintain these records in accordance with WAC 365-230-090.

(c) The course must include periodic knowledge checks equivalent to the number and content of the knowledge checks contained in EPA's model course, but at least sixteen over the entire course. The knowledge checks must be successfully completed before the student can go on to the next module.

(d) There must be at least twenty questions at the end of the electronic learning portion of the course. The test must be designed so that students do not receive feedback on their test answers until after they have completed and submitted the test.

(e) Each student must be able to save or print a copy of an electronic learning course completion certificate. The electronic certificate must not be susceptible to easy editing.

(8) For each course offered, the training program shall conduct either a course test at the completion of the course, and if applicable, a hands-on skills assessment, or in the alternative, a proficiency test for that discipline. Each student must successfully complete the hands-on skills assessment and receive a passing score on the course test to pass any course, or successfully complete a proficiency test.

(a) The training manager is responsible for maintaining the validity and integrity of the hands-on skills assessment or proficiency test to ensure that it accurately evaluates the trainees' performance of the work practices and procedures associated with the course topics contained in WAC 365-230-050.

(b) The training manager is responsible for maintaining the validity and integrity of the course test to ensure that it accurately evaluates the trainees' knowledge and retention of the course topics.

(c) The course test shall be developed in accordance with the test blueprint submitted with the training accreditation application.

(9) The training program shall issue unique course completion certificates to each individual who passes the training course. The course completion certificate shall include:

(a) The name, address, and telephone number of the training program.

(b) The name, a unique identification number, and address of the individual.

(d) The language in which the course was taught.

(e) Dates of course completion/test passage.

(f) Course completion certificates for initial inspector, risk assessor, project designer, supervisor, or abatement worker are proof of successful course completion to take the state exam for a period of six months from the date of course completion.

(g) For renovator and dust sampling technician course completion certificates, a photograph of the individual. The photograph must be an accurate and recognizable image of the individual. As reproduced on the certificate, the photograph must not be smaller than one square inch.

(10) The training manager shall develop and implement a quality control plan. The plan shall be used to maintain and improve the quality of the training program over time. This plan shall contain at least the following elements:

(a) Procedures for periodic revision of training materials and the course test to reflect innovations in the field.

(b) Procedures for the training manager's annual review of principal instructor competency.

(11) Courses offered by the training program must teach the work practice standards contained in WAC 365-230-200 and 365-230-330 as applicable in such a manner that trainees are provided with the knowledge needed to perform the renovations or the lead-based paint activities they will be responsible for conducting.

(12) The training manager shall be responsible for ensuring that the training program complies at all times with all of the requirements in this section.

(13) The training manager shall allow the department to audit the training program to verify the contents of the application for accreditation as described in subsection (2) of this section.

(14) A course audit shall include, but not be limited to, a review of: Instructional curriculum; examination design, administration and security procedures, and results, including those of demonstration testing; classroom instruction; audio-visual materials; course content; coverage; and teaching facilities.

(15) An accredited training provider may not implement changes in method or content that affects one half-hour or more of contact instruction without ten business days advance notice of the changes to department.

(16) The training provider is responsible for ensuring that the training manager and principal instructor comply with the requirements of this rule.

(17) Whenever there is a change in either the training manager or principal instructor for an accredited training course, the training provider shall notify the department of this change within thirty days, along with documentation demonstrating the appropriate qualifications as described in this section.

(18) The training provider shall use a system for verifying the positive identification of all trainees. Trainees without proper identification may not take the course exam.

History

Statutory Authority: RCW 70.103.030. WSR 14-03-104, § 365-230-040, filed 1/20/14, effective 2/20/14. Statutory Authority: RCW 70.103.10 [70.103.010], 70.103.20 [70.103.020], 70.103.30 [70.103.030], 70.103.40 [70.103.040], 70.103.50 [70.103.050], 70.10.80 [70.103.080], and 70.103.90 [70.103.090]. WSR 11-07-067, § 365-230-040, filed 3/21/11, effective 4/21/11. Statutory Authority: Chapter 70.103 RCW. WSR 07-07-044, § 365-230-040, filed 3/13/07, effective 4/13/07. Statutory Authority: RCW 70.103.0030(2) [70.103.030(2)], 70.103.020, 70.103.030, 70.103.040, 70.103.050, 70.103.060, 70.103.070, 70.103.080, 70.103.090. WSR 04-10-037, § 365-230-040, filed 4/29/04, effective 5/30/04.

Wash. Admin. Code § 365-230-050 Minimum training curriculum requirements.

To become accredited to offer lead-based paint courses instruction in the specific disciplines listed below, training programs must ensure that their courses of study include, at a minimum, the following course topics. Requirements ending in an asterisk (*) indicate areas that require hands-on activities as an integral component of the course.

(1) Inspector.

(a) Role and responsibilities of an inspector.

(b) Background information on lead and its adverse health effects.

(c) Background information on federal, state, and local regulations and guidance that pertains to lead-based paint and lead-based paint activities.

(d) Lead-based paint inspection methods, including selection of rooms and components for sampling or testing.*

(e) Paint, dust, and soil sampling methodologies.*

(f) Clearance standards and testing, including random sampling.*

(g) Preparation of the final inspection report.*

(h) Recordkeeping.

(2) Risk assessor.

(a) Role and responsibilities of a risk assessor.

(b) Collection of background information to perform a risk assessment.

(d) Visual inspection for the purposes of identifying potential sources of lead-based paint hazards.*

(e) Lead hazard screen protocol.

(f) Sampling for other sources of lead exposure.*

(g) Interpretation of lead-based paint and other lead sampling results, including all applicable state or federal guidance or regulations pertaining to lead-based paint hazards.*

(h) Development of hazard control options, the role of interim controls, and operations and maintenance activities to reduce lead-based paint hazards.

(i) Preparation of a final risk assessment report.

(3) Supervisor.

(a) Role and responsibilities of a supervisor.

(b) Background information on lead and its adverse health effects.

(c) Background information on federal, state, and local regulations and guidance that pertain to lead-based paint abatement.

(d) Liability and insurance issues relating to lead-based paint abatement.

(e) Risk assessment and inspection report interpretation.*

(f) Development and implementation of an occupant protection plan and abatement report.

(g) Lead-based paint hazard recognition and control.*

(h) Lead-based paint abatement and lead-based paint hazard reduction methods, including restricted practices.*

(i) Interior dust abatement/cleanup or lead-based paint hazard control and reduction methods.*

(j) Soil and exterior dust abatement or lead-based paint hazard control and reduction methods.*

(k) Clearance standards and testing.

(l) Cleanup and waste disposal.

(m) Recordkeeping.

(4) Project designer.

(a) Role and responsibilities of a project designer.

(b) Development and implementation of an occupant protection plan for large scale abatement projects.

(c) Lead-based paint abatement and lead-based paint hazard reduction methods, including restricted practices for large-scale abatement projects.

(d) Interior dust abatement/cleanup or lead hazard control and reduction methods for large-scale abatement projects.

(e) Clearance standards and testing for large scale abatement projects.

(f) Integration of lead-based paint abatement methods with modernization and rehabilitation projects for large scale abatement projects.

(5) Abatement worker.

(a) Role and responsibilities of an abatement worker.

(b) Background information on lead and its adverse health effects.

(c) Background information on federal, state and local regulations and guidance that pertain to lead-based paint abatement.

(d) Lead-based paint hazard recognition and control.*

(e) Lead-based paint abatement and lead-based paint hazard reduction methods, including restricted practices.*

(f) Interior dust abatement methods/cleanup or lead-based paint hazard reduction.*

(g) Soil and exterior dust abatement methods or lead-based paint hazard reduction.*

(6) Renovator.

(a) Role and responsibilities of a renovator.

(b) Background information on lead and its adverse health effects.

(c) Background information on EPA, HUD, OSHA, and other federal, state and local regulations and guidance that pertains to lead-based paint and renovation activities.

(d) Procedures for using acceptable test kits to determine whether paint is lead-based paint.*

(e) Procedures for collecting a paint chip sample and sending it to a laboratory recognized by EPA under section 405(b) of TSCA.

(f) Renovation methods to minimize the creation of dust and lead-based paint hazards.*

(g) Interior and exterior containment and clean-up methods.*

(h) Methods to ensure that the renovation has been properly completed, including cleaning verification and clearance testing.*

(i) Waste handling and disposal.

(j) Providing on-the-job training to other workers.

(k) Record preparation.

(7) Dust sampling technician.

(a) Role and responsibilities of a dust sampling technician.

(b) Background information on lead and its adverse health effects.

(c) Background information on EPA, HUD, OSHA, and other federal, state, and local regulations and guidance that pertains to lead-based paint and renovation activities.

(d) Dust sampling methodologies.*

(e) Clearance standards and testing.

(f) Report preparation.*

History

Statutory Authority: RCW 70.103.030. WSR 14-03-104, § 365-230-050, filed 1/20/14, effective 2/20/14. Statutory Authority: RCW 70.103.10 [70.103.010], 70.103.20 [70.103.020], 70.103.30 [70.103.030], 70.103.40 [70.103.040], 70.103.50 [70.103.050], 70.10.80 [70.103.080], and 70.103.90 [70.103.090]. WSR 11-07-067, § 365-230-050, filed 3/21/11, effective 4/21/11. Statutory Authority: RCW 70.103.0030(2) [70.103.030(2)], 70.103.020, 70.103.030, 70.103.040, 70.103.050, 70.103.060, 70.103.070, 70.103.080, 70.103.090. WSR 04-10-037, § 365-230-050, filed 4/29/04, effective 5/30/04.

Wash. Admin. Code § 365-230-060 Requirements for the accreditation of refresher training courses.

A training program may seek accreditation to offer refresher training courses in any of the following disciplines: Inspector, risk assessor, supervisor, project designer, abatement worker, renovator, and dust sampling technician. A training program may apply for accreditation of a refresher training course concurrently with its application for accreditation of an initial training course. All applications for accreditation of a refresher training course must follow the application process as described in WAC 365-230-035. To obtain department accreditation to offer refresher training, a training program must meet the requirements for accreditation of a training program as described in WAC 365-230-040, except for the minimum training-hour requirements in WAC 365-230-040 (6)(a) through (g). In addition, applicants for accreditation of a refresher training course must meet the following minimum requirements:

(1) Each refresher course shall review the curriculum topics of the full-length courses listed in WAC 365-230-050, as appropriate. In addition, to become accredited to offer refresher training courses, training programs shall ensure that their courses of study include, at a minimum, the following:

(a) An overview of current safety practices relating to lead-based paint in general, as well as specific information pertaining to the appropriate discipline.

(b) Current laws and regulations relating to lead-based paint activities in general, as well as specific information pertaining to the appropriate discipline.

(c) Current technologies relating to lead-based paint in general, as well as specific information pertaining to the appropriate discipline.

(2) Each refresher course, except for the project designer, renovator, and dust sampling technician course, shall last a minimum of eight training hours. Project designer, renovator, and dust sampling technician refresher courses shall last a minimum of four training hours.

(3) For all other courses offered, the training program shall conduct a hands-on assessment, and at the completion of the course, a course test.

History

Statutory Authority: RCW 70.103.030. WSR 14-03-104, § 365-230-060, filed 1/20/14, effective 2/20/14. Statutory Authority: RCW 70.103.10 [70.103.010], 70.103.20 [70.103.020], 70.103.30 [70.103.030], 70.103.40 [70.103.040], 70.103.50 [70.103.050], 70.10.80 [70.103.080], and 70.103.90 [70.103.090]. WSR 11-07-067, § 365-230-060, filed 3/21/11, effective 4/21/11. Statutory Authority: Chapter 70.103 RCW. WSR 07-07-044, § 365-230-060, filed 3/13/07, effective 4/13/07. Statutory Authority: RCW 70.103.0030(2) [70.103.030(2)], 70.103.020, 70.103.030, 70.103.040, 70.103.050, 70.103.060, 70.103.070, 70.103.080, 70.103.090. WSR 04-10-037, § 365-230-060, filed 4/29/04, effective 5/30/04.

Wash. Admin. Code § 365-230-070 Reaccreditation of training programs.

(1) Unless reaccredited, a training program's accreditation for both initial and refresher training courses shall expire four years after the date of issuance of the course accreditation.

(2) A training provider seeking reaccreditation shall submit an application to the department no later than one hundred eighty days before its accreditation expires. If a training program does not submit its application by that date, the department cannot guarantee that the program will be reaccredited before the end of the accreditation period.

(3) The training program's application for reaccreditation shall contain:

(a) The training program's name, address, and telephone number.

(b) A list of courses for which it is applying for reaccreditation.

(d) The name(s) and qualifications of the principal instructor(s).

(e) A description of any changes to the training facility, equipment or course materials since its last application was approved that adversely affects the students' ability to learn or that affects more than thirty minutes of a training hour.

(f) A statement signed by the program manager stating:

(i) That the training program complies at all times with all the Requirements for the accreditation of training programs (WAC 365-230-040) and requirements for the accreditation of refresher training programs (WAC 365-230-060), as applicable; and

(ii) The training program recordkeeping (WAC 365-230-090) and reporting requirements of WAC 365-230-100 shall be followed.

(4) Upon request, the training program shall allow the department to audit the training program to verify the contents of the application for reaccreditation as described in subsection (3) of this section.

History

Statutory Authority: RCW 70.103.030. WSR 14-03-104, § 365-230-070, filed 1/20/14, effective 2/20/14. Statutory Authority: Chapter 70.103 RCW. WSR 07-07-044, § 365-230-070, filed 3/13/07, effective 4/13/07. Statutory Authority: RCW 70.103.0030(2) [70.103.030(2)], 70.103.020, 70.103.030, 70.103.040, 70.103.050, 70.103.060, 70.103.070, 70.103.080, 70.103.090. WSR 04-10-037, § 365-230-070, filed 4/29/04, effective 5/30/04.

Wash. Admin. Code § 365-230-080 Approval/disapproval of application for accreditation or renewal of accreditation.

Upon determining that a training provider has met the requirements for accreditation or reaccreditation as described in these rules, the department shall issue a certificate of accreditation for each training course. The department may disapprove an application for accreditation or renewal of an initial or refresher training course for any of the following reasons:

(1) Failure to complete application in accordance with these rules, or department policy or instructions.

(2) Failure to meet training curriculum requirements (WAC 365-230-050) as set forth in these rules.

(3) Failure to meet Requirements for accreditation of training programs (WAC 365-230-040) as set forth in these rules.

(4) Failure to meet the requirements for the accreditation of refresher training programs (WAC 365-230-060) as set forth in these rules.

(5) In the case of disapproval, a letter describing the reasons for disapproval shall be sent to the applicant. Prior to disapproval, the department may, at its discretion, work with the applicant to address inadequacies in the application for accreditation. The department may also request additional materials retained by the training provider described under the Training program recordkeeping requirements (WAC 365-230-090). If a training provider's application for accreditation of an initial or refresher training course is disapproved, the provider may reapply for accreditation at any time.

History

Statutory Authority: Chapter 70.103 RCW. WSR 07-07-044, § 365-230-080, filed 3/13/07, effective 4/13/07. Statutory Authority: RCW 70.103.0030(2) [70.103.030(2)], 70.103.020, 70.103.030, 70.103.040, 70.103.050, 70.103.060, 70.103.070, 70.103.080, 70.103.090. WSR 04-10-037, § 365-230-080, filed 4/29/04, effective 5/30/04.

Wash. Admin. Code § 365-230-090 Training program recordkeeping requirements.

(1) Accredited training programs shall maintain, and make available to the department if requested, the following records:

(a) All documents specified in the Requirements for the accreditation of training programs (WAC 365-230-040) as set forth in these rules that demonstrate the qualifications for training manager and principal instructors.

(b) Current curriculum, course materials and documents reflecting any changes made to these materials.

(d) Information regarding how the hands-on assessment is conducted including, but not limited to, who conducts the assessment, how skills are graded, what facilities are used, and the pass/fail rate.

(e) The quality control plan as described in the Requirements for the accreditation of training programs (WAC 365-230-040) as set forth in these rules.

(f) Results of student's hands-on skills assessments and course tests, and a copy of each student's course completion certificate.

(g) Any other material submitted as part of the program's application for accreditation.

(h) For renovator refresher and dust sampling technician refresher courses, a copy of each trainee's prior course completion certificate showing that each trainee was eligible to take the refresher course.

(i) For course modules delivered in an electronic format, a record of each student's log-ins, launches, progress and completion, and a copy of the electronic learning completion certificate for each student.

(2) The training provider must retain these records at the address specified on the training provider's accreditation application (or as modified as the result of notification of change of address) shall be retained a minimum of three years and six months.

(a) Records pertaining to renovator or dust sampling technician courses offered before April 22, 2010, must be retained until July 1, 2015.

(b) Records pertaining to renovator or dust sampling technician courses offered on or after April 22, 2010, must be retained for a minimum of five years.

(3) A training provider shall notify the department in writing within thirty days of changing the address specified on its training program accreditation, or transferring the records from that address.

(4) Accreditation is transferable in the case of acquisition of the accredited training provider by another entity. The new entity must notify the department within thirty days of the change of ownership and any other changes to information included in the original application.

(5) A training program must amend its accreditation within ninety days of the date a change occurs to information included in the program's most recent application. If the training program fails to amend its accreditation within ninety days of the date the change occurs, the program may not provide renovator, dust sampling technician, or lead-based paint activities training until its accreditation is amended.

(6) To amend an accreditation, a training program must submit a completed "Accreditation Application for Training Providers," signed by an authorized agent of the training provider, noting on the form that it is submitted as an amendment and indicating the information that has changed.

(7) If the amendment includes a new training program manager, any new or additional principal instructor(s), or any permanent training locations, the training provider is not permitted to provide training under the new training manager or offer courses taught by any new principal instructor(s), or at the new training location(s) until the department either approves the amendment or thirty days have elapsed, whichever occurs earlier. Except:

(a) If the amendment includes a new training program manager or a new or additional principal instructor that was identified in a training provider accreditation application that the department has already approved under this section, the training provider may begin to provide training under the new training manager or offer courses taught by the new principal instructor on an interim basis as soon as the provider submits the amendment to the department. The training provider may continue to provide training under the new training or offer courses taught by the new principal instructor if the department approves the amendment or if the department does not disapprove the amendment within thirty days.

(b) If the amendment includes a new permanent training location, the training provider may begin to provide training at the new permanent location on an interim basis as soon as the provider submits the amendment to the department. The training provider may continue to provide training at the new permanent training location if the department approves the amendment or if the department does not disapprove the amendment within thirty days.

History

Statutory Authority: RCW 70.103.030. WSR 14-03-104, § 365-230-090, filed 1/20/14, effective 2/20/14. Statutory Authority: Chapter 70.103 RCW. WSR 07-07-044, § 365-230-090, filed 3/13/07, effective 4/13/07. Statutory Authority: RCW 70.103.0030(2) [70.103.030(2)], 70.103.020, 70.103.030, 70.103.040, 70.103.050, 70.103.060, 70.103.070, 70.103.080, 70.103.090. WSR 04-10-037, § 365-230-090, filed 4/29/04, effective 5/30/04.

Wash. Admin. Code § 365-230-100 Notification of lead-based paint training activity.

(1) The training manager must provide notification of lead-based paint activities courses or renovator and dust sampling technician courses offered.

(a) The training manager must provide the department with notification of all renovator, dust sampling technician, or lead-based paint activities courses offered. The original notification must be received by the department at least seven business days prior to the start date of any renovator, dust sampling technician, or lead-based paint activities courses.

(b) The training manager must provide the department updated notification when lead-based paint activities or renovator and dust sampling technician courses will begin on a date other than the start date specified in the original notification, as follows:

(i) For lead-based paint activities or renovator and dust sampling technician courses beginning prior to the start date provided to the department an updated notification must be received by the department at least seven business days before the new start date.

(ii) For lead-based paint activities or renovator and dust sampling technician courses beginning after the start date provided to the department, an updated notification must be received at least two business days before the start date provided to the department.

(c) The training manager must update the department of any change in location of lead-based paint activities or renovator and dust sampling technician courses at least seven business days prior to the start date provided to the department.

(d) The training manager must update the department regarding any course cancellations, or any other change to the original notification. Updated notifications must be received by the department at least two business days prior to the start date provided to the department.

(e) Each notice, including updates, shall include the following:

(i) Notification type (original, update, cancellation).

(ii) Training program name, department accreditation number, address, and phone number.

(iii) Course discipline, type (initial/refresher), and the language in which instruction will be given.

(iv) Date(s) and time(s) of training.

(v) Training location(s) phone number and address.

(vi) Principal instructor's name.

(vii) Training manager's name and signature.

(f) Notification must be accomplished using any of the following methods: Written notification or electronic. Notification of lead-based paint activities, renovator, or dust sampling technician course schedules can be accomplished by using either the sample form titled "Pre-Training Notification" or a similar form developed by the training program containing the required information and submitted electronically to the department. Instructions and sample forms can be obtained from the department at 360-586-5323, or on the internet at http://www.commerce.wa.gov/lead.

(g) Lead-based paint activities or renovator and dust sampling technician courses must not begin on a date, or at a location other than that specified in the original notice unless an updated notification identifying a new start date or location is submitted, in which case the course must begin on the new start date and/or location specified in the updated notification.

(h) No training program shall provide lead-based paint activities or renovator and dust sampling technician courses without first notifying the department of such activities in accordance with the requirements of this section.

(2) The training manager must provide notification following completion of lead-based paint activities or renovator and dust sampling technician courses.

(a) The training manager must provide the department with notification after the completion of any lead-based paint activities or renovator and dust sampling technician course that shall be received by the department no later than 10 business days following course completion.

(b) The notice must include the following:

(i) Training program name, department accreditation number, address, and phone number.

(ii) Course discipline and type (initial/refresher).

(iii) Date(s) of training.

(iv) The following information for each student who took the course:

(A) Name.

(B) Address.

(D) Course test score.

(v) Training manager's name and signature.

(c) Notification shall be accomplished using one of the following methods: Written or electronic. Notification following lead-based paint activities, renovator, or dust sampling technician courses can be accomplished by using either the sample form titled "Post-Training Notification" or a similar form developed by the training program containing the required information. All written notices shall be delivered by U.S. Postal Service, fax, commercial delivery service, or hand delivery. (Persons submitting notification by U.S. Postal Service are reminded that they should allow three additional business days for delivery in order to ensure that the department receives the notification by the required date.) Instructions and sample forms can be obtained from department at 360-586-5323, or on the internet at http://www.commerce.gov/lead.

History

Statutory Authority: Chapter 70A.420 RCW. WSR 21-22-070, § 365-230-100, filed 10/29/21, effective 11/29/21. Statutory Authority: RCW 70.103.030. WSR 14-03-104, § 365-230-100, filed 1/20/14, effective 2/20/14. Statutory Authority: RCW 70.103.10 [70.103.010], 70.103.20 [70.103.020], 70.103.30 [70.103.030], 70.103.40 [70.103.040], 70.103.50 [70.103.050], 70.10.80 [70.103.080], and 70.103.90 [70.103.090]. WSR 11-07-067, § 365-230-100, filed 3/21/11, effective 4/21/11. Statutory Authority: Chapter 70.103 RCW. WSR 07-07-044, § 365-230-100, filed 3/13/07, effective 4/13/07. Statutory Authority: RCW 70.103.0030(2) [70.103.030(2)], 70.103.020, 70.103.030, 70.103.040, 70.103.050, 70.103.060, 70.103.070, 70.103.080, 70.103.090. WSR 04-10-037, § 365-230-100, filed 4/29/04, effective 5/30/04.

Wash. Admin. Code § 365-230-120 Accreditation fees.

The following fees are established for accreditation:

(1) A nonrefundable application fee of two hundred dollars for accreditation of an initial or refresher lead-based paint training course.

(2) A nonrefundable application fee of two hundred dollars for reaccreditation of an initial or a refresher lead-based paint training course.

(3) If an initial or refresher course provides instruction for more than one discipline, a separate application fee of two hundred dollars for each discipline is required.

(4) All fees shall be in the form of a check or money order made out to the department of commerce.

History

Statutory Authority: RCW 70.103.10 [70.103.010], 70.103.20 [70.103.020], 70.103.30 [70.103.030], 70.103.40 [70.103.040], 70.103.50 [70.103.050], 70.10.80 [70.103.080], and 70.103.90 [70.103.090]. WSR 11-07-067, § 365-230-120, filed 3/21/11, effective 4/21/11. Statutory Authority: RCW 70.103.0030(2) [70.103.030(2)], 70.103.020, 70.103.030, 70.103.040, 70.103.050, 70.103.060, 70.103.070, 70.103.080, 70.103.090. WSR 04-10-037, § 365-230-120, filed 4/29/04, effective 5/30/04.

Wash. Admin. Code § 365-230-130 Certification of individuals.

(1) No individual shall perform any lead-based paint activity as described in WAC 365-230-200 without first becoming certified by the department. Certified individuals may perform only specific lead-based paint activities for which they are certified. Individuals seeking certification by the department to engage in lead-based paint activities must:

Submit a complete application as described in WAC 365-230-150 and must provide documentation that the applicant has either:

(a) Met the certification requirements as described in WAC 365-230-132 for the inspector, risk assessor, or supervisor disciplines; or WAC 365-230-134 for the project designer or worker disciplines; or

(b) Holds a valid certification issued by EPA or by a state or tribal program that has been authorized by EPA according to 40 C.F.R. 745.324.

(i) Applicants for certification based on certification from another state or tribal program must document to the department that they have read and understand the certification and work practice standards as described in these rules.

(ii) Certification based on a valid lead-based paint certification issued by EPA or by an EPA-authorized state or tribal program shall be issued with an expiration date not to exceed the date of expiration listed on the EPA or EPA-authorized state or tribal certification.

(2) Individuals may first apply to the department for certification to engage in lead-based paint activities pursuant to this section on or after the effective date of these rules.

(3) Following the submission of an application demonstrating that all the requirements of this section have been met, the department shall certify an applicant as an inspector, risk assessor, supervisor, project designer, or abatement worker, as appropriate.

(4) Upon receiving the department certification, individuals conducting lead-based paint activities shall comply with the work practice standards for performing the appropriate lead-based paint activities as established in the Work practice standards section (WAC 365-230-200).

(5) It shall be a violation of these rules for an individual to conduct any of the lead-based paint activities described in the Work practice standards section (WAC 365-230-200) that has not been certified by the department.

History

Statutory Authority: RCW 70.103.10 [70.103.010], 70.103.20 [70.103.020], 70.103.30 [70.103.030], 70.103.40 [70.103.040], 70.103.50 [70.103.050], 70.10.80 [70.103.080], and 70.103.90 [70.103.090]. WSR 11-07-067, § 365-230-130, filed 3/21/11, effective 4/21/11. Statutory Authority: Chapter 70.103 RCW. WSR 07-07-044, § 365-230-130, filed 3/13/07, effective 4/13/07. Statutory Authority: RCW 70.103.0030(2) [70.103.030(2)], 70.103.020, 70.103.030, 70.103.040, 70.103.050, 70.103.060, 70.103.070, 70.103.080, 70.103.090. WSR 04-10-037, § 365-230-130, filed 4/29/04, effective 5/30/04.

Wash. Admin. Code § 365-230-132 Inspector, risk assessor, or supervisor.

(1) To become certified by the department as an inspector, risk assessor, supervisor, pursuant to WAC 365-230-130, an individual must:

(a) Successfully complete an accredited course in the appropriate discipline and receive a course completion certificate from an accredited training program.

(b) Pass the certification exam in the appropriate discipline offered by the department; and

(i) Inspectors. No additional experience and/or education requirements.

(ii) Risk assessors.

(A) Successful completion of an accredited training course for inspectors; and

(B) Bachelor's degree and one year of experience in a related field (e.g., lead, asbestos, environmental remediation work, or construction), or an associates degree and two years experience in a related field (e.g., lead, asbestos, environmental remediation work, or construction); or

(C) Certification as an industrial hygienist, an engineer, a registered architect, certified safety professional, registered sanitarian, or registered environmental specialist; or

(D) A high school diploma (or equivalent), and at least three years of experience in a related field (e.g., lead, asbestos, environmental remediation work or construction).

(iii) Supervisor:

(A) One year of experience as a certified lead-based paint abatement worker; or

(B) At least two years of experience in a related field (e.g., lead, asbestos, or environmental remediation work) or in the building trades.

(2) In order to be eligible to take the certification examination for a particular discipline, an individual must:

(a) Successfully complete an accredited course in the appropriate discipline and receive a course completion certificate from an accredited training program.

(b) Meet or exceed the education and experience requirements described in this section.

(3) An individual may take the certification exam no more than three times within six months of receiving a course completion certificate.

(4) If an individual does not pass the certification exam and receive a certificate within six months of receiving his/her course completion certificate, the individual must successfully complete the appropriate lead-based paint course from an accredited training program before reapplying for certification from the department.

(5) A passing score on third-party, qualifying examination administered by the department is seventy or above.

(6) After successfully completing the appropriate training and application requirements as described in these rules, an individual shall be certified by the department.

(7) To maintain certification, an individual must be recertified as described in WAC 365-230-160.

(8) Certification shall be nontransferable.

History

Statutory Authority: RCW 70.103.10 [70.103.010], 70.103.20 [70.103.020], 70.103.30 [70.103.030], 70.103.40 [70.103.040], 70.103.50 [70.103.050], 70.10.80 [70.103.080], and 70.103.90 [70.103.090]. WSR 11-07-067, § 365-230-132, filed 3/21/11, effective 4/21/11. Statutory Authority: Chapter 70.103 RCW. WSR 07-07-044, § 365-230-132, filed 3/13/07, effective 4/13/07. Statutory Authority: RCW 70.103.0030(2) [70.103.030(2)], 70.103.020, 70.103.030, 70.103.040, 70.103.050, 70.103.060, 70.103.070, 70.103.080, 70.103.090. WSR 04-10-037, § 365-230-132, filed 4/29/04, effective 5/30/04.

Wash. Admin. Code § 365-230-134 Abatement worker and project designers.

(1) To become certified by the department as an abatement worker or project designer, pursuant to the certification of individuals section of these rules, an individual must:

(a) Successfully complete an accredited course in the appropriate discipline and receive a course completion certificate from an accredited training program.

(b) Meet or exceed the following additional experience and/or education requirements:

(i) Abatement workers. No additional experience and/or education requirements.

(ii) Project designers.

(A) Successful completion of an accredited training course for supervisors; and

(B) Successful completion of an accredited training course for project designers; and

(C) Bachelor's degree in engineering, architecture, or a related profession, and one year of experience in building construction and design or a related field; or

(D) Four years experience in building construction and design or a related field.

(2) After successfully completing the appropriate training and application requirements as described in these rules, an individual shall be certified by the department.

(3) To maintain certification, an individual must be recertified as described in the recertification section of these rules.

(4) Certification shall be nontransferable.

History

Statutory Authority: Chapter 70.103 RCW. WSR 07-07-044, § 365-230-134, filed 3/13/07, effective 4/13/07. Statutory Authority: RCW 70.103.0030(2) [70.103.030(2)], 70.103.020, 70.103.030, 70.103.040, 70.103.050, 70.103.060, 70.103.070, 70.103.080, 70.103.090. WSR 04-10-037, § 365-230-134, filed 4/29/04, effective 5/30/04.

Wash. Admin. Code § 365-230-150 Application requirements for an individual.

(1) Applications for an individual shall be submitted on forms prescribed by the department and shall be accompanied, as appropriate, by either:

(a) Documentation that the applicant has met the required training, experience, and education requirements as described in WAC 365-230-132, 365-230-134, and 365-230-380. Acceptable documentation includes the following:

(i) As proof of meeting the training requirements, a valid lead-based paint training course completion certificate issued by a department-accredited training provider.

(ii) As proof of meeting the work experience requirements, documentation must include name and address of employer, name and telephone number of supervisor; employment dates, description of specific duties performed. The supervisor or employer must sign the documentation verifying that the information is true and correct. A self-employed individual must provide the name, address and Uniform Business Identifier of business, dates of self-employment, and a description of specific duties. Documentation of work experience must be provided on the appropriate departmental form.

(iii) As proof of meeting the educational requirements, documentation such as an official transcript or diploma; or

(b) Documentation that the applicant holds a valid certification in the appropriate discipline issued by EPA or by an EPA-authorized state or tribe.

(i) Applicants seeking certification based on an EPA or EPA-authorized state or tribal certification must document to the department that they have read and will comply with the certification and work practice standards of these rules.

(ii) Certification based on an EPA or EPA-authorized state or tribal certification shall be issued with an expiration date not to exceed the date of expiration listed on the EPA or EPA-authorized state or tribal certification.

(2) All applications for certification shall be accompanied by:

(a) Two current passport-size photos.

(b) Applicant's name, signature and date.

(c) A check or money order made out to the department of commerce in the amount as described in the certification fees section of these rules.

(3) Application materials can be obtained by mail from Department of Commerce, Lead-Based Paint Program, P.O. Box 42525, Olympia, WA 98504-2525, by phone, 360-586-5323, or electronically at http://commerce.wa.gov/lead.

History

Statutory Authority: RCW 70.103.10 [70.103.010], 70.103.20 [70.103.020], 70.103.30 [70.103.030], 70.103.40 [70.103.040], 70.103.50 [70.103.050], 70.10.80 [70.103.080], and 70.103.90 [70.103.090]. WSR 11-07-067, § 365-230-150, filed 3/21/11, effective 4/21/11. Statutory Authority: Chapter 70.103 RCW. WSR 07-07-044, § 365-230-150, filed 3/13/07, effective 4/13/07. Statutory Authority: RCW 70.103.0030(2) [70.103.030(2)], 70.103.020, 70.103.030, 70.103.040, 70.103.050, 70.103.060, 70.103.070, 70.103.080, 70.103.090. WSR 04-10-037, § 365-230-150, filed 4/29/04, effective 5/30/04.

Wash. Admin. Code § 365-230-160 Recertification.

(1) To maintain certification in a Lead-Based Paint Activities discipline, a certified individual shall apply to and be recertified by the department in that discipline every three years after the original date of issue if the individual completed a training course with a course test and hands-on assessment.

(2) An individual shall be recertified if the individual:

(a) Successfully completes the appropriate accredited refresher training course; and

(b) Submits a valid copy of the appropriate refresher course completion certificate; and

(i) Submit a complete and signed application; and

(ii) Submits a digital photograph; and

(iii) Submit a check or money order made out to the department of commerce in the amount as described in WAC 365-230-260.

(4) An individual whose certification expires may obtain certification by completing another initial training class and meeting the requirements described in WAC 365-230-150 and 365-230-130.

History

Statutory Authority: Chapter 70A.420 RCW. WSR 21-22-070, § 365-230-160, filed 10/29/21, effective 11/29/21. Statutory Authority: RCW 70.103.10 [70.103.010], 70.103.20 [70.103.020], 70.103.30 [70.103.030], 70.103.40 [70.103.040], 70.103.50 [70.103.050], 70.10.80 [70.103.080], and 70.103.90 [70.103.090]. WSR 11-07-067, § 365-230-160, filed 3/21/11, effective 4/21/11. Statutory Authority: Chapter 70.103 RCW. WSR 07-07-044, § 365-230-160, filed 3/13/07, effective 4/13/07. Statutory Authority: RCW 70.103.0030(2) [70.103.030(2)], 70.103.020, 70.103.030, 70.103.040, 70.103.050, 70.103.060, 70.103.070, 70.103.080, 70.103.090. WSR 04-10-037, § 365-230-160, filed 4/29/04, effective 5/30/04.

Wash. Admin. Code § 365-230-170 Certification of lead-based paint firms.

(1) No firm shall perform or offer to perform any of the lead-based paint activities described in WAC 365-230-200 without first being certified by the department. All certified firms shall employ only appropriately certified individuals to conduct lead-based paint activities. The firm is responsible for ensuring that its employees follow the work practice requirements described in WAC 365-230-200.

(2) A firm seeking certification shall submit to the department a complete application for lead-based paint activities.

(3) The firm shall maintain all records pursuant to WAC 365-230-200.

(4) Certification is transferable in the instance of acquisition of a certified firm by another entity. The acquiring firm must notify the department within 30 days of the change of ownership of any changes to information submitted on the original application.

(5) The certification period for firms is three years from the date certification is issued.

(6) To retain certification, a firm shall submit to the department an application and documentation as described above prior to the expiration date listed on the firm's certification.

(7) A firm seeking certification shall have at least one certified individual employed with the firm.

History

Statutory Authority: Chapter 70A.420 RCW. WSR 21-22-070, § 365-230-170, filed 10/29/21, effective 11/29/21. Statutory Authority: Chapter 70.103 RCW. WSR 07-07-044, § 365-230-170, filed 3/13/07, effective 4/13/07. Statutory Authority: RCW 70.103.0030(2) [70.103.030(2)], 70.103.020, 70.103.030, 70.103.040, 70.103.050, 70.103.060, 70.103.070, 70.103.080, 70.103.090. WSR 04-10-037, § 365-230-170, filed 4/29/04, effective 5/30/04.

Wash. Admin. Code § 365-230-180 Application requirements for a firm.

(1) Applications for a firm shall be submitted on forms prescribed by the department and shall be accompanied, by the following:

A letter of compliance, signed by an officer of the firm, or an individual authorized to sign on the firm's behalf, certifying the following:

(a) The firm will employ only certified employees of the appropriate discipline to conduct lead-based paint activities as prescribed in these rules.

(b) The firm will follow the standards for conducting lead-based paint activities as prescribed in these rules.

(2) A check or money order made out to the department of commerce in the amount as described in WAC 365-230-260.

History

Statutory Authority: RCW 70.103.10 [70.103.010], 70.103.20 [70.103.020], 70.103.30 [70.103.030], 70.103.40 [70.103.040], 70.103.50 [70.103.050], 70.10.80 [70.103.080], and 70.103.90 [70.103.090]. WSR 11-07-067, § 365-230-180, filed 3/21/11, effective 4/21/11. Statutory Authority: RCW 70.103.0030(2) [70.103.030(2)], 70.103.020, 70.103.030, 70.103.040, 70.103.050, 70.103.060, 70.103.070, 70.103.080, 70.103.090. WSR 04-10-037, § 365-230-180, filed 4/29/04, effective 5/30/04.

Wash. Admin. Code § 365-230-190 Approval or disapproval of certification.

(1) The department may disapprove an application for certification for the following reasons including, but not limited to:

(a) Failure to complete application in accordance with these rules, or department policy or instructions;

(b) Failure to satisfy eligibility requirements for certification;

(d) Failure to provide required documentation or information requested by the department;

(e) History of citations or violations of existing regulations or these rules, regulations including execution of a consent agreement in settlement of an enforcement action;

(f) History of revocation of a certificate;

(g) Making false or misleading statements in the application;

(h) Permitting the duplication or use of the individual's own certificate by another;

(i) Having been subject to a final administrative order imposing a civil penalty or a criminal conviction for engaging in a prohibited act under department.

(2) In the case of disapproval, a letter describing the reasons for disapproval shall be sent to the applicant. Prior to disapproval, the department may, at its discretion, work with the applicant to address inadequacies in the application for certification. The department may also request additional materials under the recordkeeping requirements of WAC 365-230-200(8). If an individual or firm's application for certification has been disapproved, the applicant may reapply for certification at any time.

History

Statutory Authority: Chapter 70A.420 RCW. WSR 21-22-070, § 365-230-190, filed 10/29/21, effective 11/29/21. Statutory Authority: RCW 70.103.0030(2) [70.103.030(2)], 70.103.020, 70.103.030, 70.103.040, 70.103.050, 70.103.060, 70.103.070, 70.103.080, 70.103.090. WSR 04-10-037, § 365-230-190, filed 4/29/04, effective 5/30/04.

Wash. Admin. Code § 365-230-200 Work practice standards.

(1) Only certified individuals and the certified firms employing such individuals shall perform or offer to perform lead-based paint activities.

(2) Documented methodologies that are appropriate for this section are found in the following: The U.S. Department of Housing and Urban Development (HUD) Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing (Revised, July, 2012); the EPA Guidance on Residential Lead-Based Paint, Lead-Contaminated Dust, and Lead-Contaminated Soil; the EPA Residential Sampling for Lead: Protocols for Dust and Soil Sampling (EPA report number 7474-R-95-001); regulations, guidance, methods or protocols issued by this department; any other equivalent methods and guidelines.

(3) Clearance levels appropriate for the purposes of this section may be found in subsection (8)(g)(i) and (v) of this section or other equivalent guidelines.

(4) Work practice requirements. Applicable certification, occupant protection, and clearance requirements and work practice standards are found in regulations described in this section, and in regulations issued by the Department of Housing and Urban Development (HUD) at 24 C.F.R. part 35, subpart R.

(a) The work practice standards in those regulations do not apply when treating paint-lead hazards of less than:

(i) Two square feet of deteriorated lead-based paint per room or equivalent;

(ii) Twenty square feet of deteriorated paint on the exterior building; or

(iii) Ten percent of the total surface area of deteriorated paint on an interior or exterior type of component with a small surface area.

(b) When performing any lead-based paint activity described as a lead-based paint inspection, lead hazard screen, risk assessment or abatement, a certified individual must perform that activity in compliance with these rules, documented methodologies, work practice requirements, and the work practice standards described in this section.

(5) Inspection. Only a person certified by the department as an inspector or risk assessor may conduct an inspection.

(a) Locations shall be selected according to documented methodologies and tested for the presence of lead-based paint as follows:

(i) In target housing and child-occupied facilities, each interior and exterior component with a distinct painting history shall be tested for lead-based paint, except those components determined to have been replaced after 1978 or determined to not contain lead-based paint; and

(ii) In a multifamily dwelling or child-occupied facility, each component with a distinct painting history in every common area shall be tested, except those components determined to have been replaced after 1978 or determined to not contain lead-based paint.

(b) Paint shall be tested for the presence of lead using documented methodologies which incorporate sampling quality control procedures and all paint chip, dust, and soil samples shall be analyzed for detectable levels of lead by a laboratory accredited under the National Lead Laboratory Accreditation Program (NLLAP).

(i) Inspection date;

(ii) Building address;

(iii) Date of construction;

(iv) Apartment identification (numbers, letters, names if applicable);

(v) Name, address and telephone number of owner or owners of each unit;

(vi) Name, signature, and certification number of each inspector or risk assessor conducting testing;

(vii) Name, address and telephone number of the certified firm employing each inspector or risk assessor;

(viii) Each testing method and device or sampling procedure employed for paint analysis, including sample quality control data, and if used, the serial number of any X-ray fluorescence (XRF) device; and

(ix) Specific locations of each painted component tested and the results of the inspection expressed in appropriate units for the sampling method used.

(6) Lead hazard screen. A lead hazard screen shall be conducted only by a person certified by the department as a risk assessor and shall be conducted as follows:

(a) Background information shall be collected about the physical characteristics of the target housing or child-occupied facility and occupant use patterns that may cause lead-based paint exposure to one or more children age six years and under shall be collected.

(b) A visual inspection shall be conducted to determine the presence of any deteriorated paint and locate at least two dust sampling locations.

(c) If deteriorated paint is present, each deteriorated paint surface determined using documented methodologies, and to have a distinct painting history shall be tested for the presence of lead.

(d) In residential dwellings, two composite dust samples shall be collected, one from the floors and the other from the windows, in rooms, hallways or stairwells where one or more children age six or under are likely to come in contact with dust.

(e) In multifamily dwellings and child-occupied facilities, floor and window composite dust sampling shall be conducted as specified for conducting lead hazard screens in residential dwellings in the Work Practice Standard section of these rules. In addition, composite dust samples shall be collected in common areas where one or more children age six or under are likely to come in contact with dust.

(f) All dust samples shall be collected using documented methodologies that incorporate sample quality control procedures and analyzed by a laboratory accredited under the National Lead Laboratory Accreditation Program (NLLAP) to determine detectable lead.

(g) A lead hazard screen report shall be prepared by the risk assessor and include:

(i) Information in a risk assessment report as specified in subsection (7) including (i)(i) through (xiv) and excluding (i)(xv) through (xviii). Additionally, any background information collected pursuant to the lead hazard screen shall be included.

(ii) Any recommendations for follow-up risk assessment and other further actions.

(7) Risk assessment. Only an individual certified by the department as a risk assessor may conduct a risk assessment of target housing or child-occupied facility. A risk assessment shall be conducted as follows:

(a) A visual inspection shall be conducted to locate the existence of deteriorated paint, assess the extent and cause of deterioration, and other potential lead-based hazards.

(b) Background information shall be collected regarding the physical characteristics and occupant use patterns that may cause lead-based paint exposure to one or more children age six years and under.

(c) The following surfaces which are determined, using documented methodologies, to have a distinct painting history, shall be tested for the presence of lead:

(i) Each friction surface or impact surface with visibly deteriorated paint.

(ii) All other surfaces with visibly deteriorated paint.

(d) In residential dwellings, dust samples (either composite or single-surface samples) from the interior window sill(s) and floor shall be collected and analyzed for lead concentration in all living areas where one or more children, age six and under, are most likely to come in contact with dust.

(e) For multifamily dwellings and child-occupied facilities, the samples required in "residential dwellings" as described in (b) of this subsection shall be taken. In addition, interior window sill and floor dust samples (either composite or single-surface samples) shall be collected and analyzed for lead concentration in the following locations:

(i) Common areas adjacent to sampled target house or child-occupied facility; and

(ii) Other common areas in the building where the risk assessor determines that one or more children, age six and under, are likely to come in contact with dust.

(f) For child-occupied facilities, interior window sill and floor dust samples (either composite or single-surface samples) shall be collected and analyzed in each room, hallway or stairwell utilized by one or more children, age six and under, and in other common areas in the child-occupied facility where the risk assessor determines one or more children, age six and under, are likely to come in contact with dust.

(g) Soil samples shall be collected and analyzed for lead concentrations from the following locations:

(i) Exterior play areas where bare soil is present; and

(ii) The rest of the yard (i.e., nonplay areas) where bare soil is present.

(h) Any paint, dust or soil sampling or testing shall be conducted using documented methodologies that incorporate sample quality control procedures and analyzed by a laboratory accredited under the National Lead Laboratory Accreditation Program (NLLAP) to determine detectable lead.

(i) The certified risk assessor shall prepare a risk assessment report which shall include as a minimum the following information:

(i) Assessment date.

(ii) Address of each building.

(iii) Date of construction of buildings.

(iv) Apartment identification (numbers, letters, names if applicable).

(v) Name, address and telephone number of each owner of each building.

(vi) Name, signature, and certification number of each risk assessor conducting the assessment.

(vii) Name, address and telephone number of the certified firm employing each risk assessor.

(viii) Name, address and telephone number of each laboratory conducting analysis of collected samples.

(ix) Results of the visual inspection.

(x) Testing method and sampling procedure employed for paint analysis.

(xi) Specific locations of each painted component tested for the presence of lead.

(xii) All data collected from on-site testing, including quality control data, and if used, the serial number of any X-ray fluorescence (XRF) device.

(xiii) All results of laboratory analysis on collected paint, soil, and dust samples.

(xiv) Any other sampling results.

(xv) Any background information collected pursuant to subsection background information portion of the risk assessment work practice standard of this section.

(xvi) To the extent used as part of the lead-based paint hazard determination, the results of any previous inspections or analyses for the presence of lead-based paint, or other assessments of lead-based paint related hazards.

(xvii) A description of the location, type, and severity of identified lead-based paint hazards and any other potential lead hazards.

(xviii) A description of interim controls and/or abatement options for each identified lead-based paint hazard and a recommended prioritization for addressing each hazard. If the use of an encapsulant or enclosure is recommended, the report shall recommend a maintenance and monitoring schedule for the encapsulant or enclosure.

(8) Abatement. An abatement project shall be conducted only by certified individuals and the certified firms employing such individuals. Abatement shall be conducted as follows:

(a) A certified supervisor or project designer is required for each abatement project and shall be on-site during all worksite preparation and during post-abatement cleanup of work areas. At all other times, the certified supervisor or project designer shall be on-site or available by telephone, pager, or answering service, and be able to be present at the worksite in no more than two hours.

(b) The certified supervisor or project designer, as well as the certified firm employing that individual shall ensure that all abatement activities are conducted according to the requirements of these rules and all federal, state and local requirements.

(c) A certified project designer may replace and assume the responsibilities of a certified supervisor required for an abatement project. If a certified project designer provides supervision on an abatement project, the project designer shall be responsible for preparing the occupant protection plan and the abatement report.

(d) A written occupant protection plan shall be developed prior to all abatement projects, be prepared by a certified supervisor or project designer, be unique to each target housing or child-occupied facility, describe the measures and management procedures that will be taken during the abatement to protect the building occupants from exposure to any lead-based paint hazards. The written occupant protection plan shall be present at the project site and must be made available on demand for inspection.

(e) A scope of work for the abatement project shall be present at the project site and must be made available on demand for inspection.

(f) These work practices shall be restricted during abatement and paint removal:

(i) Open-flame burning or torching of lead-based paint is prohibited;

(ii) Uncontained hydro blasting or high-pressure washing of lead-based paint is prohibited;

(iii) Machine sanding or grinding or abrasive blasting or sandblasting of lead-based paint is prohibited unless used with high efficiency particulate air (HEPA) exhaust control which removes particles of 0.3 microns or larger from the air at 99.97 percent or greater efficiency;

(iv) Dry scraping of lead-based paint is permitted only in conjunction with heat guns or around electrical outlets or when treating defective paint spots totaling no more than two square feet in any room, hallway or stairwell or totaling no more than 20 square feet on exterior surfaces; and

(v) Operating a heat gun on lead-based paint is permitted only at temperatures below 1100°F.

(g) When soil abatement is conducted, if the soil is removed:

(i) The soil shall be replaced by soil with a lead concentration as close to local background as practicable, but less than 250 parts per million (<250 ppm).

(ii) The soil that is removed shall not be used as top soil at another residential property or child-occupied facility.

(iii) If the soil is not removed, the soil shall be permanently covered so as to be separated from human contact by the placement of a barrier consisting of solid, relatively impermeable materials, such as pavement, asphalt or concrete.

(h) Soil interim controls:

(i) Grass, mulch, shrubbery and other landscaping materials are not considered permanent covering, but may be used as interim controls that eliminate contact with bare soils.

(ii) Interim control measures are acceptable in areas where bare soils contain less than the current HUD abatement standard (see 24 C.F.R. part 35.1330 (f)(2)) for lead in soils, except in:

(A) A child's play area, or any bare soil area where a child under six years of age regularly plays. Interim control measures are not acceptable in these areas where soil lead levels exceed 250 ppm.

(B) A garden area, or any other area where bare soils produce edibles intended for human consumption. Interim controls are not acceptable in these areas where soil lead levels exceed 250 ppm.

(iii) On-going monitoring and evaluation of interim soil control measures must adhere to HUD Guidelines, as found in chapter 6.

(i) The following clearance procedures shall be performed only by a certified and licensed inspector or risk assessor and according to the following procedures:

(i) A visual inspection shall be performed to determine if deteriorated painted surfaces and/or visible amounts of dust, debris or residue are still present. If deteriorated painted surfaces or visible amounts of dust, debris or residue are present, these conditions must be eliminated prior to the continuation of the clearance procedures.

(ii) If exterior work on a project cannot be completed due to inclement weather or other factors, the project supervisor or designer may apply in writing to the department for authorization of a preliminary clearance. The application must include the following:

(A) The project address.

(B) The name and certification number of the abatement project supervisor or project designer.

(D) A description of the abatement work that remains to be done on the project.

(E) A schedule for completion of the abatement work that remains to be done.

(F) A plan for monitoring and controlling potential lead-based paint contamination until work can be completed.

(G) At the conclusion of all work on a project for which preliminary clearance has been authorized, the project supervisor or designer shall present the department with documentation that clearance testing has been performed on exterior and interior areas according to these rules and that all clearance test results are below clearance levels.

(iii) Following the visual inspection and any post-abatement cleanup required in subsection (8)(i) of this section, clearance sampling for lead in dust shall be conducted. Clearance sampling may be conducted by employing single-surface sampling or composite sampling techniques.

(iv) Dust samples for clearance purposes shall be taken using documented methodologies that incorporate sample quality control procedures and shall be taken a minimum of one hour after completion of final cleanup activities.

(v) Post-abatement clearance activities shall be conducted based upon the extent or manner of work activities conducted in or on the target housing or child-occupied facility as follows:

(j) After conducting an abatement with containment between containment and noncontainment areas, one dust sample shall be taken from one interior window sill and from one window trough (if present) and one dust sample shall be taken from the floors of no less than four rooms, hallways or stairwells within the containment area. In addition, one dust sample shall be taken from the floor outside the containment area. If there are fewer than four rooms, hallways or stairwells within the containment area, then all rooms, hallways or stairwells shall be sampled.

(i) After conducting abatement with no containment, two dust samples shall be taken from no fewer than four rooms, hallways or stairwells in the residential dwelling or child-occupied facility. One dust sample shall be taken from one interior window sill and from one window trough (if present) and one dust sample shall be taken from the floor of each room, hallway or stairwell selected. If there are fewer than four rooms, hallways or stairwells within the target housing or child-occupied facility then all rooms, hallways or stairwells shall be sampled.

(ii) Following exterior paint abatement, a visual inspection shall be conducted. All horizontal surfaces in the outdoor living area closest to the abated surfaces shall be found to be cleaned of visible dust and debris. The surfaces shall be recleaned when visible dust and debris is present. The visual inspection shall be conducted to determine the presence of paint chips on the dripline or next to the foundation below any exterior abated surface. Paint chips, if present, shall be removed from the site and disposed of according to federal, state and local requirements.

(iii) The rooms, hallways or stairwells selected for sampling shall be selected according to documented methodologies.

(iv) The certified and licensed inspector or risk assessor shall compare residual lead levels (as determined by laboratory analysis) from each single surface dust sample with clearance dust levels as defined in these rules for lead in dust on floors, interior window sills, and window troughs, divided by half the number of subsamples in the composite sample. If the residual lead level in a single surface dust sample equals or exceeds the applicable clearance dust levels or if the residual lead level in a composite dust sample equals or exceeds the applicable clearance dust levels divided by half the number of subsamples in the composite sample, the components represented by the failed sample shall be recleaned and retested until clearance dust levels are met.

(v) The clearance levels for lead in dust are less than 10 µg/ft2 for floors, less than 100 µg/ft2 for interior window sills, and less than 400 µg/ft2 for window troughs.

(k) In a multifamily dwelling with similarly constructed and maintained residential dwellings, random sampling for the purposes of clearance may be conducted provided:

(i) The certified individuals who work on or clean the residential dwellings do not know which residential dwelling will be selected for the random sample.

(ii) The randomly selected residential dwellings shall be sampled and evaluated for clearance according to subsection (8)(i) of this section.

(iii) A sufficient number of residential dwellings are selected for dust sampling to provide a 95 percent level of confidence that no more than five percent or 50 of the residential dwellings (whichever is smaller) in the randomly sampled population exceeds the appropriate clearance dust levels.

(l) An abatement report shall be prepared by a certified and licensed supervisor or project designer and shall include as a minimum the following information:

(i) Start and completion dates of abatement.

(ii) The name, address and telephone number of each certified firm conducting the abatement and the name of each supervisor or project designer assigned to the abatement project.

(iii) The occupant protection plan.

(iv) The name, address and signature of each certified and licensed inspector or risk assessor conducting clearance sampling and the date(s) that clearance sampling was performed.

(v) The results of clearance sampling and all soil analyses and the name of each laboratory conducting analysis of collected samples.

(vi) A detailed written description of the abatement, including abatement methods, location of rooms and/or components where abatement occurred, reason for selecting particular abatement methods for each component, and any suggested monitoring of encapsulants or enclosures.

(m) A clearance report shall be prepared by a certified inspector or risk assessor. The clearance report shall include the following information:

(i) The property address where the clearance sampling occurred.

(ii) The abatement clean-up completion date and time.

(iii) The date and time of clearance sampling.

(iv) Name and certification number of each inspector or risk assessor conducting the clearance.

(v) The signature of the inspector or risk assessor conducting the clearance.

(vi) Name, address, telephone number, and certification number of the certified firm employing the inspector or risk assessor.

(vii) Results of the visual inspection.

(viii) Identification of containment or noncontainment applications.

(ix) Identification of location(s) where clearance samples were collected.

(x) Name, address, and telephone number of the laboratory analyzing the collected samples.

(xi) All results of laboratory analysis on collected samples, including quality control results.

(xii) Documented methodology used for sampling.

(9) Sampling. Any paint chip, dust, or soil samples collected pursuant to this section shall be collected by a certified inspector or risk assessor. Such sampling shall incorporate sample quality control procedures and the samples shall be analyzed by a laboratory accredited under the National Lead Laboratory Accreditation Program (NLLAP).

(10) Composite sample. Composite dust sampling may only be conducted when conducting a lead hazard screen, risk assessment, or post-abatement activities. If conducted, the composite dust samples shall consist of at least two subsamples, every component that is being tested shall be included in the sampling, and shall not consist of subsamples from more than one type of component.

(11) Reports or plans. All lead-based paint activity reports or plans shall be maintained by the certified firms or individual who prepared the report for no fewer than three years and six months.

(a) The following reports must be submitted to the department as specified in WAC 365-230-100 and 365-230-220:

(i) Notification of lead-based paint activities course to take place.

(ii) Notification of lead-based paint activities course that has taken place.

(iii) Notice of abatement.

(b) All reports required by these rules may be submitted on forms available from the department. The exhibit referred to in this rule is not printed in this WAC. Copies are available as follows from department of commerce:

Lead-Based Paint Program

P.O. Box 42525

Olympia, WA 98504-2525

Telephone number: 360-586-5323

Website: www.commerce.wa.gov/lead.

History

Statutory Authority: Chapter 70A.420 RCW. WSR 21-22-070, § 365-230-200, filed 10/29/21, effective 11/29/21. Statutory Authority: RCW 70.103.030. WSR 14-03-104, § 365-230-200, filed 1/20/14, effective 2/20/14. Statutory Authority: RCW 70.103.10 [70.103.010], 70.103.20 [70.103.020], 70.103.30 [70.103.030], 70.103.40 [70.103.040], 70.103.50 [70.103.050], 70.10.80 [70.103.080], and 70.103.90 [70.103.090]. WSR 11-07-067, § 365-230-200, filed 3/21/11, effective 4/21/11. Statutory Authority: Chapter 70.103 RCW. WSR 07-07-044, § 365-230-200, filed 3/13/07, effective 4/13/07. Statutory Authority: RCW 70.103.0030(2) [70.103.030(2)], 70.103.020, 70.103.030, 70.103.040, 70.103.050, 70.103.060, 70.103.070, 70.103.080, 70.103.090. WSR 04-10-037, § 365-230-200, filed 4/29/04, effective 5/30/04.

Wash. Admin. Code § 365-230-210 Determinations of lead-based paint and lead-based paint hazards.

(1) Lead-based paint is present:

(a) On any surface that is tested and found to contain lead equal to or in excess of 1.0 milligrams per square centimeter, equal to or in excess of 5,000 parts per million, or equal to or in excess of 0.5 percent by weight; and

(b) On any surface similar to a surface tested in the same room equivalent that has a similar painting history and is found to be lead-based paint.

(2) A paint-lead hazard is present:

(a) On any friction surface that is subject to abrasion and where the lead dust levels on the nearest horizontal surface (e.g., the window sill or floor) are equal to or greater than the dust hazard levels identified in the "clearance dust levels" definition of these rules;

(b) On any chewable lead-based paint surface on which there is evidence of teeth marks;

(c) Where there is any damaged or otherwise deteriorated lead-based paint on an impact surface that is caused by impact from a related building component (such as a door knob that knocks into a wall or a door that knocks against a door frame); and

(d) If there is any other deteriorated lead-based paint in any residential building or child-occupied facility or on the exterior of any residential building or child-occupied facility.

(3) A dust lead-hazard is present in a residential dwelling or child-occupied facility:

(a) In a residential dwelling on floors and interior window sills when the weighted arithmetic mean lead loading for all single surface or composite samples of floors and interior window sills is equal to or greater than 10 µg/ft2 for floors and 100 µg/ft2 for interior window sills, respectively;

(b) On floors or interior window sills in an unsampled residential dwelling in a multifamily dwelling, if a dust-lead hazard is present on floors or interior window sills, respectively, in at least one sampled residential unit on the property; and

(c) On floors or interior window sills in an unsampled common area in a multifamily dwelling, if a dust-lead hazard is present on floors or interior window sills, respectively in at least one sampled common area in the same common area group on the property.

(4) A soil-lead hazard is present in a residential dwelling or child-occupied facility when the soil-lead concentration from a composite sample of bare soil is equal to or greater than 250 ppm.

History

Statutory Authority: Chapter 70A.420 RCW. WSR 21-22-070, § 365-230-210, filed 10/29/21, effective 11/29/21. Statutory Authority: RCW 70.103.10 [70.103.010], 70.103.20 [70.103.020], 70.103.30 [70.103.030], 70.103.40 [70.103.040], 70.103.50 [70.103.050], 70.10.80 [70.103.080], and 70.103.90 [70.103.090]. WSR 11-07-067, § 365-230-210, filed 3/21/11, effective 4/21/11. Statutory Authority: Chapter 70.103 RCW. WSR 07-07-044, § 365-230-210, filed 3/13/07, effective 4/13/07. Statutory Authority: RCW 70.103.0030(2) [70.103.030(2)], 70.103.020, 70.103.030, 70.103.040, 70.103.050, 70.103.060, 70.103.070, 70.103.080, 70.103.090. WSR 04-10-037, § 365-230-210, filed 4/29/04, effective 5/30/04.

Wash. Admin. Code § 365-230-220 Notice of abatement.

A certified firm shall notify the department of lead-based paint abatement activities as follows:

(1) Except as provided in subsection (2) of this section, the department must be notified prior to conducting lead-based paint abatement activities. The original notice must be received by the department at least five business days before lead-based paint abatement activities begin.

(2) Notice for abatement activities required in response to an elevated blood lead level (EBL) determination, or federal, state, tribal, or local emergency abatement order must be received by the department as early as possible before, but not later than the day lead-based paint abatement activities begin. Documentation showing evidence of an EBL determination or a copy of the federal/state/tribal/local emergency abatement order must be included in the notification to take advantage of this abbreviated notification period.

(3) Updated notice of a new start date must be provided to the department for lead-based paint abatement activities that will begin on a date other than the date specified in the original notification notice, as follows:

(a) For lead-based paint abatement activities beginning prior to the original start date, an updated notice must be received by the department at least five business days before the revised start date.

(b) For lead-based paint abatement activities beginning after the original start date, an updated notice must be received by the department on or before the original start date.

(4) The certified firm shall update the department of any change in location of lead-based paint abatement activities at least five business days prior to the project start date.

(5) The certified firm shall also update the department regarding the cancellation of any lead-based paint abatement activities, or other significant changes including, but not limited to, when the square footage or acreage to be abated changes by at least twenty percent. This updated notice must be received by the department on or before the start date provided to the department, or if work has already begun, within twenty-four hours of the change.

(6) The following shall be included in each notice:

(a) Notification type (original, updated, cancellation).

(b) Date when lead-based paint abatement activities will commence.

(d) Firm's name, the department certification number, address, phone number.

(e) Type of building (e.g., single-family dwelling, multifamily dwelling, child-occupied facilities) on/in which abatement work will be performed.

(f) Property name (if applicable).

(g) Property address including apartment or unit number (if applicable) for abatement work.

(h) Documentation showing evidence of an EBL determination or a copy of the federal/state/tribal/local emergency abatement order, if applicable.

(i) Name and department certification number of the certified supervisor or project designer.

(j) Approximate square footage/acreage to be abated.

(k) Brief description of abatement activities to be performed.

(l) Name, title, and signature of the representative of the certified firm who prepared the notification.

(7) Notification shall be accomplished using one of the following methods: Written or electronic. Notification can be accomplished using either the sample form titled "Notice of Abatement" or similar form. All written notices shall be delivered by U.S. Postal Service, fax, commercial delivery service, or hand delivery. (Persons submitting notification by U.S. Postal Service are reminded that they should allow sufficient time for delivery to ensure that the department receives the notification by the required date.) Instructions and sample forms can be obtained from the department via phone 360-586-5323, or on the internet at http://www.commerce.gov/lead.

(8) In the event of changes to the information provided in the original notification, lead-based paint abatement activities shall not begin on a date, or at a location, other than that specified in either an original or updated notice.

(9) No firm or individual shall engage in lead-based paint abatement activities, as defined in WAC 365-230-200 prior to notifying the department of such activities according to requirements of this section. No lead-based paint abatement activities described in the notice of abatement may begin until the notice has been approved by the department.

History

Statutory Authority: RCW 70.103.10 [70.103.010], 70.103.20 [70.103.020], 70.103.30 [70.103.030], 70.103.40 [70.103.040], 70.103.50 [70.103.050], 70.10.80 [70.103.080], and 70.103.90 [70.103.090]. WSR 11-07-067, § 365-230-220, filed 3/21/11, effective 4/21/11. Statutory Authority: Chapter 70.103 RCW. WSR 07-07-044, § 365-230-220, filed 3/13/07, effective 4/13/07. Statutory Authority: RCW 70.103.0030(2) [70.103.030(2)], 70.103.020, 70.103.030, 70.103.040, 70.103.050, 70.103.060, 70.103.070, 70.103.080, 70.103.090. WSR 04-10-037, § 365-230-220, filed 4/29/04, effective 5/30/04.

Wash. Admin. Code § 365-230-230 Inspections.

(1) The director or the director's designee is authorized to inspect, without cost, and at reasonable times and, when feasible, with at least twenty-four hours prior notification:

(a) Premises or facilities where those engaged in training for lead-based paint activities conduct business; and

(b) The business records of, and take samples at, the businesses accredited or certified under this chapter to conduct lead-based paint training or activities.

Any accredited training program or any firm or individual certified under this chapter that denies access to the department for the purposes of this subsection is subject to deaccreditation or decertification.

(2) The director or the director's designee is authorized to inspect premises or facilities where violations may occur concerning lead-based paint activities, as defined under WAC 365-230-020, at reasonable times and, when feasible, with at least forty-eight hours prior notification of the inspection.

(3) Prior to receipt of federal lead-based paint abatement funding, all premises or facility owners shall be notified by any entity that receives and disburses the federal funds that an inspection may be conducted. If a premises or facility owner does not wish to have an inspection conducted, that owner is not eligible to receive lead-based paint abatement funding.

History

Statutory Authority: RCW 70.103.0030(2) [70.103.030(2)], 70.103.020, 70.103.030, 70.103.040, 70.103.050, 70.103.060, 70.103.070, 70.103.080, 70.103.090. WSR 04-10-037, § 365-230-230, filed 4/29/04, effective 5/30/04.

Wash. Admin. Code § 365-230-240 Suspension, revocation and modification of accredited training course or lead-based paint certification.

(1) The department may suspend, revoke or modify accreditation of a training course, or the lead-based paint certification of an individual or firm, and may assess a civil penalty, if the individual, entity, or responsible party under these rules has:

(a) Failed to comply with a requirement of chapter 70.103 RCW or the rules adopted thereunder; or

(b) Obtained or retained accreditation or certification by error, misrepresentation, or fraud.

(2) The department may assess a civil penalty against any person who engages in lead-based paint activities or renovation without certification from the department or who offers to provide or provides lead-based paint training courses without accreditation from the department.

(3) Prior to denying, suspending, revoking, or modifying an accreditation or certification, or imposing a civil penalty, the department in writing shall notify the affected entity of:

(a) The factual and legal basis for the alleged violation;

(b) The penalty assessed for the alleged violation;

(d) The opportunity to contest the action by requesting an adjudicative proceeding within twenty days of notice of the action.

(4) Whenever an affected entity does not timely request an adjudication proceeding to contest the department's action, the action becomes final and binding on the day specified in the notification of action. Except as provided in subsection (3) of this section, the filing of a timely request for an adjudicative proceeding stays any action against the affected entity until completion of the adjudicative proceeding.

(5) Whenever the department determines that the public health, safety, or welfare warrants immediate action, the department may summarily suspend accreditation or certification prior to the opportunity for an adjudicative proceeding, as provided in RCW 34.05.479.

(6) Any request for adjudicative proceeding shall be conducted by the department under chapters 34.05 RCW and 10-08 WAC.

(7) The public shall be notified of the suspension, revocation, modification or reinstatement of a training program's accreditation through appropriate mechanisms.

(8) Department shall maintain a list, available to the public, of entities whose accreditation has been suspended, revoked, or modified.

History

Statutory Authority: RCW 70.103.10 [70.103.010], 70.103.20 [70.103.020], 70.103.30 [70.103.030], 70.103.40 [70.103.040], 70.103.50 [70.103.050], 70.10.80 [70.103.080], and 70.103.90 [70.103.090]. WSR 11-07-067, § 365-230-240, filed 3/21/11, effective 4/21/11. Statutory Authority: RCW 70.103.0030(2) [70.103.030(2)], 70.103.020, 70.103.030, 70.103.040, 70.103.050, 70.103.060, 70.103.070, 70.103.080, 70.103.090. WSR 04-10-037, § 365-230-240, filed 4/29/04, effective 5/30/04.

Wash. Admin. Code § 365-230-250 Schedule of penalties.

(1) The standard penalty for each violation shall be a maximum:

First violation of any section, five hundred dollars and/or ten days suspension.

Second violation of any section, one thousand dollars and/or twenty days suspension.

Third violation of any section, one thousand five hundred dollars and/or thirty days suspension.

Fourth violation of any section, two thousand dollars and/or one year suspension or revocation.

Fifth violation of any section, five thousand dollars and/or one year suspension (or more) or revocation.

(2) The department may aggravate the maximum standard penalty in an amount not to exceed ten thousand dollars per violation and/or revocation, based on the following factors:

(a) The violation caused or had the potential to cause injury to humans or significant property damage;

(b) The violation involved fraud or intentional misrepresentation;

(d) The violator obstructed or failed to cooperate with the department's investigation of the violation.

(3) The department may mitigate the maximum standard penalty if the violator has cooperated with the department's investigation and has voluntarily undertaken steps to prevent reoccurrence of the same violation.

(4) Any person or entity whose accreditation or certification has been revoked shall not be eligible to reapply for one year from the effective date of the final order of revocation.

History

Statutory Authority: RCW 70.103.10 [70.103.010], 70.103.20 [70.103.020], 70.103.30 [70.103.030], 70.103.40 [70.103.040], 70.103.50 [70.103.050], 70.10.80 [70.103.080], and 70.103.90 [70.103.090]. WSR 11-07-067, § 365-230-250, filed 3/21/11, effective 4/21/11. Statutory Authority: RCW 70.103.0030(2) [70.103.030(2)], 70.103.020, 70.103.030, 70.103.040, 70.103.050, 70.103.060, 70.103.070, 70.103.080, 70.103.090. WSR 04-10-037, § 365-230-250, filed 4/29/04, effective 5/30/04.

Wash. Admin. Code § 365-230-260 Certification fees.

The following fees are established for certification:

(1) Firms, inspectors, risk assessors, renovators, dust wipe sampling technicians, supervisors, project designers and workers shall pay a nonrefundable certification or recertification fee of twenty-five dollars.

(2) All fees shall be in the form of a check or money order made out to the department of commerce.

History

Statutory Authority: RCW 70.103.10 [70.103.010], 70.103.20 [70.103.020], 70.103.30 [70.103.030], 70.103.40 [70.103.040], 70.103.50 [70.103.050], 70.10.80 [70.103.080], and 70.103.90 [70.103.090]. WSR 11-07-067, § 365-230-260, filed 3/21/11, effective 4/21/11. Statutory Authority: RCW 70.103.0030(2) [70.103.030(2)], 70.103.020, 70.103.030, 70.103.040, 70.103.050, 70.103.060, 70.103.070, 70.103.080, 70.103.090. WSR 04-10-037, § 365-230-260, filed 4/29/04, effective 5/30/04.

Wash. Admin. Code § 365-230-270 Other state regulations concerning lead.

The following Washington state regulations may apply to contractors working with lead. Consult the appropriate agency for more information regarding specific requirements:

(1) Department of ecology or any successor agency.

(2) Department of labor and industries or any successor agency.

History

Statutory Authority: RCW 70.103.0030(2) [70.103.030(2)], 70.103.020, 70.103.030, 70.103.040, 70.103.050, 70.103.060, 70.103.070, 70.103.080, 70.103.090. WSR 04-10-037, § 365-230-270, filed 4/29/04, effective 5/30/04.

Wash. Admin. Code § 365-230-280 Purpose.

(1) Owners and occupants of target housing and child-occupied facilities receive information on lead-based paint hazards before these renovations begin; and

(2) Individuals performing renovations regulated in accordance with WAC 365-230-300 are properly trained; renovators and firms performing these renovations are certified; and the work practices in WAC 365-230-330 are followed during these renovations.

History

Statutory Authority: RCW 70.103.10 [70.103.010], 70.103.20 [70.103.020], 70.103.30 [70.103.030], 70.103.40 [70.103.040], 70.103.50 [70.103.050], 70.10.80 [70.103.080], and 70.103.90 [70.103.090]. WSR 11-07-067, § 365-230-280, filed 3/21/11, effective 4/21/11.

Wash. Admin. Code § 365-230-290 Effective dates.

(1) Training, certification and accreditation requirements, and work practice standards. The training, certification and accreditation requirements, and work practice standards in this section are applicable in Washington state. The training, certification and accreditation requirements, and work practice standards in this section will become effective as follows:

(a) Training programs. Effective May 15, 2011, no training program may provide, offer, or claim to provide training or refresher training for department certification as a renovator or a dust sampling technician without accreditation from the department under WAC 365-230-030. Training programs may apply for accreditation under WAC 365-230-030 beginning March 15, 2011.

(b) Firms.

(i) Firms may apply for certification under WAC 365-230-360 beginning March 15, 2011.

(ii) On or after the implementation date, no firm may perform, offer, or claim to perform renovations for compensation without certification from the department under WAC 365-230-360 in target housing or child-occupied facilities, unless the renovation qualifies for one of the exceptions identified in WAC 365-230-300(1).

(c) Individuals. On or after the implementation date, all renovations must be directed by renovators certified in accordance with WAC 365-230-380(1) and performed by certified renovators or individuals trained in accordance with WAC 365-230-340 (2)(b) in target housing or child-occupied facilities, unless the renovation qualifies for one of the exceptions identified in WAC 365-230-300(1).

(d) Work practices. On or after the implementation date, all renovations must be performed in accordance with the work practice standards in WAC 365-230-330 and the recordkeeping requirements in WAC 365-230-340 (2)(a) and (f) in target housing or child-occupied facilities, unless the renovation qualifies for one of the exceptions identified in WAC 365-230-300(1).

(e) Suspension and revocation provisions in WAC 365-230-390 are effective upon implementation of these rules.

(2) Renovation-specific pamphlet. Renovators or firms performing renovations in Washington state must provide owners and occupants with "The Lead-Safe Certified Guide To Renovate Right."

(3) Prerenovation education rule. With the exception of the requirement to use the pamphlet entitled "The Lead-Safe Certified Guide To Renovate Right" the provisions of the prerenovation education rule have been in effect since June 1999, Toxic Substance Control Act (TSCA 406b).

History

Statutory Authority: RCW 70.103.10 [70.103.010], 70.103.20 [70.103.020], 70.103.30 [70.103.030], 70.103.40 [70.103.040], 70.103.50 [70.103.050], 70.10.80 [70.103.080], and 70.103.90 [70.103.090]. WSR 11-07-067, § 365-230-290, filed 3/21/11, effective 4/21/11.

Wash. Admin. Code § 365-230-300 Applicability.

This section applies to all renovations performed for compensation in target housing and child-occupied facilities, except for the following:

(1) Renovations in target housing or child-occupied facilities in which a written determination has been made by an inspector or risk assessor (certified pursuant to WAC 365-230-130) that the components affected by the renovation are free of paint or other surface coatings that contain lead equal to or in excess of 1.0 milligram per square centimeter (mg/cm2) or 0.5 percent by weight, where the firm performing the renovation has obtained a copy of the determination.

(2)(a) Renovations in target housing or child-occupied facilities in which a certified renovator, using an EPA-recognized test kit as defined in WAC 365-230-350 and following the kit manufacturer's instructions, has tested each component affected by the renovation and determined that the components are free of paint or other surface coatings that contain lead equal to or in excess of 1.0 mg/cm2 or 0.5 percent by weight. If the components make up an integrated whole, such as the individual stair treads and risers of a single staircase, the renovator is required to test only one of the individual components, unless the individual components appear to have been repainted or refinished separately.

(b) Renovations in target housing or child-occupied facilities in which a certified renovator has collected a paint chip sample from each painted component affected by the renovation and a laboratory recognized by EPA pursuant to section 405(b) of TSCA as being capable of performing analyses for lead compounds in paint chip samples has determined that the samples are free of paint or other surface coatings that contain lead equal to or in excess of 1.0mg/cm2 or 0.5% by weight. If the components make up an integrated whole, such as the individual stair treads and risers of a single staircase, the renovator is required to test only one of the individual components, unless the individual components appear to have been repainted or refinished separately.

(c) The information distribution requirements in WAC 365-230-320 do not apply to emergency renovations, which are renovation activities that were not planned but result from a sudden, unexpected event (such as nonroutine failures of equipment) that, if not immediately attended to, presents a safety or public health hazard, or threatens equipment and/or property with significant damage. Interim controls performed in response to an elevated blood-lead level in a resident child are also emergency renovations. Emergency renovations other than interim controls are also exempt from the warning sign, containment, waste handling, training, and certification requirements in WAC 365-230-330, 365-230-360, and 365-230-380 to the extent necessary to respond to the emergency. Emergency renovations are not exempt from the cleaning requirements of WAC 365-230-330 (1)(e), which must be performed by certified renovators or individuals trained in accordance with WAC 365-230-385 (1)(b), the cleaning verification requirements of WAC 365-230-330(2), which must be performed by certified renovators, and the recordkeeping requirements of WAC 365-230-340 (2)(f).

History

Statutory Authority: RCW 70.103.030. WSR 14-03-104, § 365-230-300, filed 1/20/14, effective 2/20/14. Statutory Authority: RCW 70.103.10 [70.103.010], 70.103.20 [70.103.020], 70.103.30 [70.103.030], 70.103.40 [70.103.040], 70.103.50 [70.103.050], 70.10.80 [70.103.080], and 70.103.90 [70.103.090]. WSR 11-07-067, § 365-230-300, filed 3/21/11, effective 4/21/11.

Wash. Admin. Code § 365-230-310 Definitions.

For purposes of this chapter, the definitions in WAC 365-230-020 and the following definitions apply:

"Cleaning verification card" means a card developed and distributed, or otherwise approved, by EPA for the purpose of determining, through comparison of wet and dry disposable cleaning cloths with the card, whether postrenovation cleaning has been properly completed.

"Department" means the Washington department of commerce lead-based paint program.

"Dry disposable cleaning cloth" means a commercially available dry, electrostatically charged, white disposable cloth designed to be used for cleaning hard surfaces such as uncarpeted floors or countertops.

"Firm" means a company, partnership, corporation, sole proprietorship or individual doing business, association, or other business entity; a federal, state, tribal, or local government agency; or a nonprofit organization.

"HEPA vacuum" means a vacuum cleaner which has been designed with a high-efficiency particulate air (HEPA) filter as the last filtration stage. A HEPA filter is a filter that is capable of capturing particulates of 0.3 microns with 99.97 percent efficiency. The vacuum cleaner must be designed so that all the air drawn into the machine is expelled through the HEPA filter with none of the air leaking past it HEPA vacuums must be operated and maintained in accordance with the manufacturer's instructions.

"Minor repair and maintenance activities" means activities, including minor heating, ventilation or air conditioning work, electrical work, and plumbing, that disrupt six square feet or less of painted surface per room for interior activities or twenty square feet or less of painted surface for exterior activities where none of the work practices prohibited or restricted by WAC 365-230-330 (1)(c) are used and where the work does not involve window replacement or demolition of painted surface areas. When removing painted components, or portions of painted components, the entire surface area removed is the amount of painted surface disturbed. Jobs, other than emergency renovations, performed in the same room within the same thirty days must be considered the same job for the purpose of determining whether the job is a minor repair and maintenance activity.

"Painted surface" means a component surface covered in whole or in part with paint or other surface coatings.

"Painted surface to be disturbed" means a paint, or other surface coating that is to be scraped, sanded, cut, penetrated or otherwise affected by rehabilitation work in a manner that could potentially create a lead-based paint hazard by generating dust, fumes, or paint chips.

"Pamphlet" means the EPA pamphlet titled "The Lead-Safe Certified Guide to Renovate Right" developed under section 406(a) of TSCA for use in complying with section 406(b) of TSCA. This includes reproductions of the pamphlet when copied in full and without revision or deletion of material from the pamphlet.

"Recognized test kit" means a commercially available kit recognized by EPA under §745.88 as being capable of allowing a user to determine the presence of lead at levels equal to or in excess of 1.0 milligram per square centimeter, or more than 0.5 percent lead by weight, in a paint chip, paint powder, or painted surface.

"Renovation" means the modification of any existing structure, or portion thereof, that results in the disturbance of painted surfaces, unless that activity is performed as part of an abatement as defined under WAC 365-230-200. The term renovation includes, but is not limited to: The removal, modification or repair of painted surfaces or painted components (e.g., modification of painted doors, surface restoration, window repair, surface preparation activity (such as sanding, scraping, or other such activities that may generate paint dust)); the removal of building components (e.g., walls, ceilings, plumbing, windows); weatherization projects (e.g., cutting holes in painted surfaces to install blown-in insulation or to gain access to attics, planing thresholds to install weather-stripping), and interim controls that disturb painted surfaces. A renovation performed for the purpose of converting a building, or part of a building, into target housing or a child-occupied facility is a renovation under this section. The term renovation does not include minor repair and maintenance activities.

"Renovator" means an individual who either performs or directs workers who perform renovations. A certified renovator is a renovator who has successfully completed a renovator course accredited by EPA or an EPA-authorized state or tribal program.

"Vertical containment" means a vertical barrier consisting of plastic sheeting or other impermeable material over scaffolding or a rigid frame, or an equivalent system of containing the work area. Vertical containment is required for some exterior renovations but it may be used on any renovation.

"Wet disposable cleaning cloth" means a commercially available, premoistened white disposable cloth designed to be used for cleaning hard surfaces such as uncarpeted floors or counter tops.

"Wet mopping system" means a device with the following characteristics: A long handle, a mop head designed to be used with disposable absorbent cleaning pads, a reservoir for cleaning solution, and a built-in mechanism for distributing or spraying the cleaning solution onto a floor, or a method of equivalent efficacy.

"Work area" means the area that the certified renovator establishes to contain the dust and debris generated by a renovation.

History

Statutory Authority: RCW 70.103.030. WSR 14-03-104, § 365-230-310, filed 1/20/14, effective 2/20/14. Statutory Authority: RCW 70.103.10 [70.103.010], 70.103.20 [70.103.020], 70.103.30 [70.103.030], 70.103.40 [70.103.040], 70.103.50 [70.103.050], 70.10.80 [70.103.080], and 70.103.90 [70.103.090]. WSR 11-07-067, § 365-230-310, filed 3/21/11, effective 4/21/11.

Wash. Admin. Code § 365-230-320 Information distribution requirements.

(1) Renovations in dwelling units. No more than sixty days before beginning renovation activities in any residential dwelling unit of target housing, the firm performing the renovation must:

(a) Provide the owner of the unit with the pamphlet, and comply with one of the following:

(i) Obtain, from the owner, a written acknowledgment that the owner has received the pamphlet.

(ii) Obtain a certificate of mailing at least seven days prior to the renovation.

(b) In addition to the requirements in subsection (1)(a) of this section, if the owner does not occupy the dwelling unit, provide an adult occupant of the unit with the pamphlet, and comply with one of the following:

(i) Obtain, from the adult occupant, a written acknowledgment that the occupant has received the pamphlet; or certify in writing that a pamphlet has been delivered to the dwelling and that the firm performing the renovation has been unsuccessful in obtaining a written acknowledgment from an adult occupant. Such certification must include the address of the unit undergoing renovation, the date and method of delivery of the pamphlet, names of the persons delivering the pamphlet, reason for lack of acknowledgment (e.g., occupant refuses to sign, no adult occupant available), the signature of a representative of the firm performing the renovation, and the date of signature.

(ii) Obtain a certificate of mailing at least seven days prior to the renovation.

(2) Renovations in common areas. No more than sixty days before beginning renovation activities in common areas of multiunit target housing, the firm performing the renovation must:

(a) Provide the owner with the pamphlet, and comply with one of the following:

(i) Obtain, from the owner, a written acknowledgment that the owner has received the pamphlet.

(ii) Obtain a certificate of mailing at least seven days prior to the renovation.

(b) Comply with one of the following:

(i) Notify in writing, or ensure written notification of, each affected unit and make the pamphlet available upon request prior to the start of renovation. Such notification shall be accomplished by distributing written notice to each affected unit. The notice shall describe the general nature and locations of the planned renovation activities; the expected starting and ending dates; and a statement of how the occupant can obtain the pamphlet and a copy of the records required under WAC 365-230-340 at no cost to the occupants; or

(ii) While the renovation is ongoing, post informational signs describing the general nature and locations of the renovation and the anticipated completion date. These signs must be posted in areas where they are likely to be seen by the occupants of all of the affected units. The signs must be accompanied by a posted copy of the pamphlet or information on how interested occupants can review a copy of the pamphlet or obtain a copy from the renovation firm at no cost to occupants. The signs must also include information on how interested occupants can receive a copy of the records required by WAC 365-230-340 (3) and (4) or obtain a copy from the renovation firm at no cost to the occupants.

(c) Prepare, sign, and date a statement describing the steps performed to notify all occupants of the intended renovation activities and to provide the pamphlet.

(d) If the scope, locations, or expected starting and ending dates of the planned renovation activities change after the initial notification, and the firm provided written initial notification to each affected unit, the firm performing the renovation must provide further written notification to the owners and occupants providing revised information on the ongoing or planned activities. This subsequent notification must be provided before the firm performing the renovation initiates work beyond that which was described in the original notice.

(3) Renovations in child-occupied facilities. No more than sixty days before beginning renovation activities in any child-occupied facility, the firm performing the renovation must:

(a)(i) Provide the owner of the building with the pamphlet, and comply with one of the following:

(A) Obtain, from the owner, a written acknowledgment that the owner has received the pamphlet.

(B) Obtain a certificate of mailing at least seven days prior to the renovation.

(ii) If the child-occupied facility is not the owner of the building, provide an adult representative of the child-occupied facility with the pamphlet, and comply with one of the following:

(A) Obtain, from the adult representative, a written acknowledgment that the adult representative has received the pamphlet; or certify in writing that a pamphlet has been delivered to the facility and that the firm performing the renovation has been unsuccessful in obtaining a written acknowledgment from an adult representative. Such certification must include the address of the child-occupied facility undergoing renovation, the date and method of delivery of the pamphlet, names of the persons delivering the pamphlet, reason for lack of acknowledgment (e.g., representative refuses to sign), the signature of a representative of the firm performing the renovation, and the date of signature.

(B) Obtain a certificate of mailing at least seven days prior to the renovation.

(b) Provide the parents and guardians of children using the child-occupied facility with the pamphlet and information describing the general nature and locations of the renovation and the anticipated completion date, and information on how interested parents or guardians of children frequenting the child-occupied facility can review a copy of the records required under WAC 365-230-340 (3) and (4) or obtain a copy from the renovation firm at no cost to the occupants by complying with one of the following:

(i) Mail or hand-deliver the pamphlet and the renovation information to each parent or guardian of a child using the child-occupied facility.

(ii) While the renovation is ongoing, post informational signs describing the general nature and locations of the renovation and the anticipated completion date. These signs must be posted in areas where they can be seen by the parents or guardians of the children frequenting the child-occupied facility. The signs must be accompanied by a posted copy of the pamphlet or information on how interested parents or guardians of children frequenting the child-occupied facility can review a copy of the pamphlet or obtain a copy from the renovation firm at no cost to the parents or guardians. The signs must also include information on how interested parents or guardians of children frequenting the child-occupied facility can review a copy of the records required under WAC 365-230-340 (3) and (4) or obtain a copy from the renovation firm at no cost to the parents or guardians.

(c) The renovation firm must prepare, sign, and date a statement describing the steps performed to notify all parents and guardians of the intended renovation activities and to provide the pamphlet.

(4) Written acknowledgment. The written acknowledgments required by subsection (1)(a)(i) and (b)(i) of this section, subsection (2)(a)(i) of this section, subsection (3)(a)(i)(A) and (a)(ii)(A) of this section must:

(a) Include a statement recording the owner or occupant's name and acknowledging receipt of the pamphlet prior to the start of renovation, the address of the unit undergoing renovation, the signature of the owner or occupant as applicable, and the date of signature.

(b) Be either a separate sheet or part of any written contractor service agreement for the renovation.

(c) Be written in the same language as the text of the contractor agreement for the renovation or, in the case of nonowner occupied target housing, in the same language as the lease or rental agreement or the pamphlet.

History

Statutory Authority: RCW 70.103.10 [70.103.010], 70.103.20 [70.103.020], 70.103.30 [70.103.030], 70.103.40 [70.103.040], 70.103.50 [70.103.050], 70.10.80 [70.103.080], and 70.103.90 [70.103.090]. WSR 11-07-067, § 365-230-320, filed 3/21/11, effective 4/21/11.

Wash. Admin. Code § 365-230-330 Work practice standards.

(1) Standards for renovation activities. Renovations must be performed by certified firms using certified renovators as directed under WAC 365-230-370. The responsibilities of certified firms are set forth under WAC 365-230-360 and the responsibilities of certified renovators are set forth under WAC 365-230-380.

(a) Occupant protection. Firms must post signs clearly defining the work area and warning occupants and other persons not involved in renovation activities to remain outside of the work area. To the extent practicable, these signs must be in the primary language of the occupants. These signs must be posted before beginning the renovation and must remain in place and readable until the renovation and the postrenovation cleaning verification have been completed. If warning signs have been posted in accordance with 24 C.F.R. 35.1345 (b)(2) or 29 C.F.R. 1926.62(m), additional signs are not required by this section.

(b) Containing the work area. Before beginning the renovation, the firm must isolate the work area so that no dust or debris leaves the work area while the renovation is being performed. In addition, the firm must maintain the integrity of the containment by ensuring that any plastic or other impermeable materials are not torn or displaced, and taking any other steps necessary to ensure that no dust or debris leaves the work area while the renovation is being performed. The firm must also ensure that containment is installed in such a manner that it does not interfere with occupant and worker egress in an emergency.

(i) Interior renovations. The firm must:

(A) Remove all objects from the work area, including furniture, rugs, and window coverings, or cover them with plastic sheeting or other impermeable material with all seams and edges taped or otherwise sealed.

(B) Close and cover all ducts opening in the work area with taped-down plastic sheeting or other impermeable material.

(C) Close windows and doors in the work area. Doors must be covered with plastic sheeting or other impermeable material. Doors used as an entrance to the work area must be covered with plastic sheeting or other impermeable material in a manner that allows workers to pass through while confining dust and debris to the work area.

(D) Cover the floor surface, including installed carpet, with taped-down plastic sheeting or other impermeable material in the work area six feet beyond the perimeter of surfaces undergoing renovation or a sufficient distance to contain the dust, whichever is greater. Floor containment measures may stop at the edge of the vertical barrier when using a vertical containment system consisting of impermeable barriers that extend from the floor to the ceiling and are tightly sealed at joints with the floor, ceiling, and walls.

(E) Use precautions to ensure that all personnel, tools, and other items, including the exteriors of containers of waste, are free of dust and debris before leaving the work area.

(ii) Exterior renovations. The firm must:

(A) Close all doors and windows within twenty feet of the renovation. On multistory buildings, close all doors and windows within twenty feet of the renovation on the same floor as the renovation, and close all doors and windows on all floors below that are the same horizontal distance from the renovation.

(B) Ensure that doors within the work area that will be used while the job is being performed are covered with plastic sheeting or other impermeable material in a manner that allows workers to pass through while confining dust and debris to the work area.

(C) Cover the ground with plastic sheeting or other disposable impermeable material extending ten feet beyond the perimeter of surfaces undergoing renovation or a sufficient distance to collect falling paint debris, whichever is greater, unless the property line prevents ten feet of such ground covering. Ground containment measures may stop at the edge of the vertical barrier when using a vertical containment system.

(D) If the renovation will affect surfaces within ten feet of the property line, the renovation firm must erect vertical containment or equivalent extra precautions in containing the work area to ensure that dust and debris from the renovation does not contaminate adjacent buildings or migrate to adjacent properties. Vertical containment or equivalent extra precautions in containing the work area may also be necessary in other situations in order to prevent contamination of other buildings, other areas of the property, or adjacent buildings or properties.

(c) Prohibited and restricted practices. The work practices listed below are prohibited or restricted during a renovation as follows:

(i) Open-flame burning or torching of painted surfaces is prohibited.

(ii) The use of machines designed to remove paint or other surface coatings through high speed operation such as sanding, grinding, power planing, needle gun, abrasive blasting, or sandblasting, is prohibited unless such machines have shrouds or containment systems and are equipped with a HEPA vacuum attachment to collect dust and debris at the point of generation. Machines must be operated so that no visible dust or release of air occurs outside the shroud or containment system.

(iii) Operating a heat gun on painted surfaces is permitted only at temperatures below 1,100 degrees Fahrenheit.

(d) Waste from renovations.

(i) Waste from renovation activities must be contained to prevent releases of dust and debris before the waste is removed from the work area for storage or disposal. If a chute is used to remove waste from the work area, it must be covered.

(ii) At the conclusion of each work day and at the conclusion of the renovation, waste that has been collected from renovation activities must be stored under containment, in an enclosure, or behind a barrier that prevents release of dust and debris out of the work area and prevents access to dust and debris.

(iii) When the firm transports waste from renovation activities, the firm must contain the waste to prevent release of dust and debris.

(e) Cleaning the work area. After the renovation has been completed, the firm must clean the work area until no dust, debris or residue remains.

(i) Interior and exterior renovations. The firm must:

(A) Collect all paint chips and debris and, without dispersing any of it, seal this material in a heavy-duty bag.

(B) Remove the protective sheeting. Mist the sheeting before folding it, fold the dirty side inward, and either tape shut to seal or seal in heavy-duty bags. Sheeting used to isolate contaminated rooms from noncontaminated rooms must remain in place until after the cleaning and removal of other sheeting. Dispose of the sheeting as waste.

(ii) Additional cleaning for interior renovations. The firm must clean all objects and surfaces in the work area and within two feet of the work area in the following manner, cleaning from higher to lower:

(A) Walls. Clean walls starting at the ceiling and working down to the floor by either vacuuming with a HEPA vacuum or wiping with a damp cloth.

(B) Remaining surfaces. Thoroughly vacuum all remaining surfaces and objects in the work area, including furniture and fixtures, with a HEPA vacuum. The HEPA vacuum must be equipped with a beater bar when vacuuming carpets and rugs.

(C) Wipe all remaining surfaces and objects in the work area, except for carpeted or upholstered surfaces, with a damp cloth. Mop uncarpeted floors thoroughly, using a mopping method that keeps the wash water separate from the rinse water, such as the two-bucket mopping method, or using a wet mopping system.

(2) Standards for postrenovation cleaning verification.

(a) Interiors.

(i) A certified renovator must perform a visual inspection to determine whether dust, debris, or residue is still present. If dust, debris, or residue is present, these conditions must be removed by recleaning and another visual inspection must be performed.

(ii) After a successful visual inspection, a certified renovator must:

(A) Verify that each windowsill in the work area has been adequately cleaned, using the following procedure:

(I) Wipe the windowsill with a wet disposable cleaning cloth that is damp to the touch. If the cloth matches or is lighter than the cleaning verification card, the windowsill has been adequately cleaned.

(II) If the cloth does not match and is darker than the cleaning verification card, reclean the windowsill as directed in this section, then either use a new cloth or fold the used cloth in such a way that an unused surface is exposed, and wipe the surface again. If the cloth matches or is lighter than the cleaning verification card, that windowsill has been adequately cleaned.

(III) If the cloth does not match and is darker than the cleaning verification card, wait for one hour or until the surface has dried completely, whichever is longer.

(IV) After waiting for the windowsill to dry, wipe the windowsill with a dry disposable cleaning cloth. After this wipe, the windowsill has been adequately cleaned.

(B) Wipe uncarpeted floors and countertops within the work area with a wet disposable cleaning cloth. Floors must be wiped using an application device with a long handle and a head to which the cloth is attached. The cloth must remain damp at all times while it is being used to wipe the surface for postrenovation cleaning verification. If the surface within the work area is greater than forty square feet, the surface within the work area must be divided into roughly equal sections that are each less than forty square feet. Wipe each such section separately with a new wet disposable cleaning cloth. If the cloth used to wipe each section of the surface within the work area matches the cleaning verification card, the surface has been adequately cleaned.

(I) If the cloth used to wipe a particular surface section does not match the cleaning verification card, reclean that section of the surface as directed in this section, then use a new wet disposable cleaning cloth to wipe that section again. If the cloth matches the cleaning verification card, that section of the surface has been adequately cleaned.

(II) If the cloth used to wipe a particular surface section does not match the cleaning verification card after the surface has been recleaned, wait for one hour or until the entire surface within the work area has dried completely, whichever is longer.

(III) After waiting for the entire surface within the work area to dry, wipe each section of the surface that has not yet achieved postrenovation cleaning verification with a dry disposable cleaning cloth. After this wipe, that section of the surface has been adequately cleaned.

(iii) When the work area passes the postrenovation cleaning verification, remove the warning signs.

(b) Exteriors. A certified renovator must perform a visual inspection to determine whether dust, debris or residue is still present on surfaces in and below the work area, including windowsills and the ground. If dust, debris or residue is present, these conditions must be eliminated and another visual inspection must be performed. When the area passes the visual inspection, remove the warning signs.

(3) Optional dust clearance testing. Cleaning verification need not be performed if the contract between the renovation firm and the person contracting for the renovation or another federal, state, territorial, tribal or local law requires dust wipe sampling.

(a) The renovation firm to perform dust clearance sampling at the conclusion of a renovation covered by this section.

(b) The dust clearance samples are required to be collected by a certified inspector, risk assessor, or dust sampling technician.

(c) The renovation firm is required to reclean the work area until the dust clearance sample results are below the clearance standards in WAC 365-230-020 or any applicable local standard.

(4) Activities conducted after postrenovation cleaning verification. Activities that do not disturb paint such as applying paint to walls that have already been prepared, are not regulated by this subpart if they are conducted after postrenovation cleaning verification has been performed.

History

Statutory Authority: RCW 70.103.030. WSR 14-03-104, § 365-230-330, filed 1/20/14, effective 2/20/14. Statutory Authority: RCW 70.103.10 [70.103.010], 70.103.20 [70.103.020], 70.103.30 [70.103.030], 70.103.40 [70.103.040], 70.103.50 [70.103.050], 70.10.80 [70.103.080], and 70.103.90 [70.103.090]. WSR 11-07-067, § 365-230-330, filed 3/21/11, effective 4/21/11.

Wash. Admin. Code § 365-230-340 Recordkeeping and reporting requirements.

(1) Firms performing renovations must retain and, if requested, make available to the department all records necessary to demonstrate compliance with this section for a period of three years following completion of the renovation. This three-year retention requirement does not supersede longer obligations required by other provisions for retaining the same documentation, including any applicable state or tribal laws or regulations.

(2) Records that must be retained pursuant to subsection (a) of this section shall include (where applicable):

(a) Records or reports certifying that a determination had been made that lead-based paint was not present on the components affected by the renovation, as described under WAC 365-230-300. These records or reports include:

(i) Reports prepared by a certified inspector or certified risk assessor (certified pursuant to this chapter).

(ii) Records prepared by a certified renovator after using EPA-recognized test kits, including an identification of the manufacturer and model of any test kits used, a description of the components that were tested including their locations, and the result of each test kit used.

(iii) Records prepared by a certified renovator after collecting paint chip samples, including a description of the components that were tested including their locations, the name and address of the NLLAP-recognized entity performing the analysis, and the results for each sample.

(b) Signed and dated acknowledgments of receipt as described under WAC 365-230-320 (1)(a)(i) and (b)(i), (2)(a)(i), (3)(a)(i)(A) and (a)(ii)(A).

(d) Certificates of mailing as described under WAC 365-230-320 (1)(a)(ii) and (b)(ii), (2)(a)(ii), (3)(a)(i)(B) and (a)(ii)(B).

(e) Records of notification activities performed regarding common area renovations, as described under WAC 365-230-320 (2)(c) and (d), and renovations in child-occupied facilities, as described under WAC 365-230-320 (3)(b).

(f) Documentation of compliance with the requirements under WAC 365-230-330, including documentation that a certified renovator was assigned to the project, that the certified renovator provided on-the-job training for workers used on the project, that the certified renovator performed or directed workers who performed all of the tasks described under WAC 365-230-330(1), and that the certified renovator performed the postrenovation cleaning verification described under WAC 365-230-330(2). If the renovation firm was unable to comply with all of the requirements of this rule due to an emergency as defined under WAC 365-230-330, the firm must document the nature of the emergency and the provisions of the rule that were not followed. This documentation must include a copy of the certified renovator's training certificate, and a certification by the certified renovator assigned to the project that:

(i) Training was provided to workers (topics must be identified for each worker).

(ii) Warning signs were posted at the entrances to the work area.

(iii) If test kits were used, that the specified brand of kits was used at the specified locations and that the results were as specified.

(iv) If paint chip samples were collected, that the samples were collected at the specified locations, that the specified NLLAP-recognized laboratory analyzed the samples, and that the results were as specified.

(v) The work area was contained by:

(A) Removing or covering all objects in the work area (interiors).

(B) Closing and covering all HVAC ducts in the work area (interiors).

(C) Closing all windows in the work area (interiors) or closing all windows in and within twenty feet of the work area (exteriors).

(D) Closing and sealing all doors in the work area (interiors) or closing and sealing all doors in and within twenty feet of the work area (exteriors).

(E) Covering doors in the work area that were being used to allow passage but prevent spread of dust.

(F) Covering the floor surface, including installed carpet, with taped-down plastic sheeting or other impermeable material in the work area six feet beyond the perimeter of surfaces undergoing renovation or a sufficient distance to contain the dust, whichever is greater (interiors) or covering the ground with plastic sheeting or other disposable impermeable material anchored to the building extending ten feet beyond the perimeter of surfaces undergoing renovation or a sufficient distance to collect falling paint debris, whichever is greater, unless the property line prevents ten feet of such ground covering, weighted down by heavy objects (exteriors).

(G) Installing (if necessary) vertical containment to prevent migration of dust and debris to adjacent property (exteriors).

(vi) Waste was contained on-site and while being transported off-site.

(vii) The work area was properly cleaned after the renovation by:

(A) Picking up all chips and debris, misting protective sheeting, folding it dirty side inward, and taping it for removal.

(B) Cleaning the work area surfaces and objects using a HEPA vacuum and/or wet cloths or mops (interiors).

(viii) The certified renovator performed the postrenovation cleaning verification (the results of which must be briefly described, including the number of wet and dry cloths used).

(3)(a) When the final invoice for the renovation is delivered or within thirty days of the completion of the renovation, whichever is earlier, the renovation firm must provide information pertaining to compliance with this section to the following persons.

(i) The owner of the building; and, if different;

(ii) An adult occupant of the residential dwelling, if the renovation took place within a residential dwelling, or an adult representative of the child-occupied facility, if the renovation took place within a child-occupied facility.

(b) When performing renovations in common areas of multiunit target housing, renovation firms must post the information required by this section or instructions on how interested occupants can obtain a copy of this information. This information must be posted in areas where it is likely to be seen by the occupants of all of the affected units.

(c) The information required to be provided by this subsection may be provided by completing the sample form titled "Sample Renovation Recordkeeping Checklist" or a similar form containing the test kit information required under subsection (2)(a)(ii) of this section and the training and work practice compliance information required under subsection (2)(f) of this section.

(4) If dust clearance sampling is performed in lieu of cleaning verification as permitted under WAC 365-230-330(3), the renovation firm must provide, when the final invoice for the renovation is delivered or within thirty days of the completion of the renovation, whichever is earlier, a copy of the dust sampling report to:

(a) The owner of the building; and, if different;

(b) An adult occupant of the residential dwelling, if the renovation took place within a residential dwelling, or an adult representative of the child-occupied facility, if the renovation took place within a child-occupied facility;

(c) When performing renovations in common areas of multiunit target housing, renovation firms must post these dust sampling reports or information on how interested occupants of the housing being renovated can obtain a copy of the report. This information must be posted in areas where they are likely to be seen by the occupants of all the affected units.

History

Statutory Authority: RCW 70.103.030. WSR 14-03-104, § 365-230-340, filed 1/20/14, effective 2/20/14. Statutory Authority: RCW 70.103.10 [70.103.010], 70.103.20 [70.103.020], 70.103.30 [70.103.030], 70.103.40 [70.103.040], 70.103.50 [70.103.050], 70.10.80 [70.103.080], and 70.103.90 [70.103.090]. WSR 11-07-067, § 365-230-340, filed 3/21/11, effective 4/21/11.

Wash. Admin. Code § 365-230-350 Recognized test kits.

(1) Effective June 23, 2008, EPA recognizes the test kits that have been determined by National Institute of Standards and Technology research to meet the negative response criteria described in subsection (3)(a) of this section. This recognition will last until EPA publicizes its recognition of the first test kit that meets both the negative response and positive response criteria in subsection (3) of this section.

(2) No other test kits will be recognized until they are tested through EPA's Environmental Technology Verification Program or other equivalent EPA-approved testing program.

(a) Effective September 1, 2008, to initiate the testing process, a test kit manufacturer must submit a sufficient number of kits, along with the instructions for using the kits, to EPA. The test kit manufacturer should first visit the following website for information on where to apply: http://www.epa.gov/etv/howtoapply.html.

(b) After the kit has been tested through the Environmental Technology Verification Program or other equivalent approved EPA testing program, EPA will review the report to determine whether the required criteria have been met.

(c) Before September 1, 2010, test kits must meet only the negative response criteria in subsection (3)(a) of this section. The recognition of kits that meet only this criteria will last until EPA publicizes its recognition of the first test kits that meet both of the criteria in subsection (3) of this section.

(d) After September 1, 2010, test kits must meet both of the criteria in subsection (3) of this section.

(e) If the report demonstrates that the kit meets the required criteria, EPA will issue a notice of recognition to the kit manufacturer, provide them with the report, and post the information on EPA's website.

(f) If the report demonstrates that the kit does not meet the required criteria, EPA will notify the kit manufacturer and provide them with the report.

(3) Response criteria.

(a) Negative response criteria. For paint containing lead at or above the regulated level, 1.0 mg/cm2 or 0.5 percent by weight, a demonstrated probability (with 95 percent confidence) of a negative response less than or equal to 5 percent of the time.

(b) Positive response criteria. For paint containing lead below the regulated level, 1.0 mg/cm2 or 0.5 percent by weight, a demonstrated probability (with 95 percent confidence) of a positive response less than or equal to 10 percent of the time.

History

Statutory Authority: RCW 70.103.10 [70.103.010], 70.103.20 [70.103.020], 70.103.30 [70.103.030], 70.103.40 [70.103.040], 70.103.50 [70.103.050], 70.10.80 [70.103.080], and 70.103.90 [70.103.090]. WSR 11-07-067, § 365-230-350, filed 3/21/11, effective 4/21/11.

Wash. Admin. Code § 365-230-360 Certification of renovation firms.

(1) No firm may perform, offer, or claim to perform renovations for compensation any of the lead-based paint renovation activities described in WAC 365-230-330 without first being certified by the department. All certified firms shall employ only appropriately certified individuals to conduct lead-based paint renovation activities. The firm is responsible for ensuring that its employees follow the work practice requirements for renovation as described in WAC 365-230-330.

(2) A firm seeking certification shall submit to the department a completed application as described in this section.

(3) The firm shall maintain all records pursuant to WAC 365-230-340.

(4) Certification is transferable in the instance of acquisition of a certified firm by another entity. The acquiring firm must notify the department within 30 days of the change of ownership, and of any changes to information submitted on the original application.

(5) The certification period for renovation firms is five years from the date certification is issued. To maintain its renovation firm certification, a firm must be recertified by the department every five years.

(6) To retain certification, a firm shall submit to the department an application as described above prior to the expiration date listed on the firm's certification.

(7) A firm seeking certification shall have at least one certified individual employed with the firm.

History

Statutory Authority: Chapter 70A.420 RCW. WSR 21-22-070, § 365-230-360, filed 10/29/21, effective 11/29/21. Statutory Authority: RCW 70.103.030. WSR 14-03-104, § 365-230-360, filed 1/20/14, effective 2/20/14. Statutory Authority: RCW 70.103.10 [70.103.010], 70.103.20 [70.103.020], 70.103.30 [70.103.030], 70.103.40 [70.103.040], 70.103.50 [70.103.050], 70.10.80 [70.103.080], and 70.103.90 [70.103.090]. WSR 11-07-067, § 365-230-360, filed 3/21/11, effective 4/21/11.

Wash. Admin. Code § 365-230-370 Application requirements for renovation firms.

(1) Applications for a firm shall be submitted on forms prescribed by the department and shall be accompanied by the following:

A letter of compliance, signed by an officer of the firm, or an individual authorized to sign on the firm's behalf, certifying the following:

(a) The firm will employ only certified renovators, or other workers trained by certified renovators to conduct lead-based paint renovation activities as prescribed in these rules.

(b) The firm will follow the standards for conducting lead-based paint renovation activities as prescribed in these rules.

(2) A check or money order made out to the department of commerce in the amount as described under WAC 365-230-260.

History

Statutory Authority: RCW 70.103.10 [70.103.010], 70.103.20 [70.103.020], 70.103.30 [70.103.030], 70.103.40 [70.103.040], 70.103.50 [70.103.050], 70.10.80 [70.103.080], and 70.103.90 [70.103.090]. WSR 11-07-067, § 365-230-370, filed 3/21/11, effective 4/21/11.

Wash. Admin. Code § 365-230-375 Approval or disapproval of renovation firm certification.

(1) The department may disapprove an application for certification for the following reasons including, but not limited to:

(a) Failure to complete application in accordance with these rules, or department policy or instructions;

(b) Failure to satisfy eligibility requirements for certification;

(d) History of citations or violations of existing regulations or these rules, regulations including execution of a consent agreement in settlement of an enforcement action;

(e) History of revocation of a certificate;

(f) Making false or misleading statements in the application;

(g) Having been subject to a final administrative order imposing a civil penalty or a criminal conviction for engaging in a prohibited act under the department.

(2) In the case of disapproval, a letter describing the reasons for disapproval shall be sent to the applicant. Prior to disapproval, the department may, at its discretion, work with the applicant to address inadequacies in the application for certification. The department may also request additional materials under the recordkeeping requirements of WAC 365-230-340. If a firm's application for certification has been disapproved, the program may reapply for certification at any time.

History

Statutory Authority: RCW 70.103.10 [70.103.010], 70.103.20 [70.103.020], 70.103.30 [70.103.030], 70.103.40 [70.103.040], 70.103.50 [70.103.050], 70.10.80 [70.103.080], and 70.103.90 [70.103.090]. WSR 11-07-067, § 365-230-375, filed 3/21/11, effective 4/21/11.

Wash. Admin. Code § 365-230-380 Renovator and dust sampling technician certification and recertification.

(1) No individual shall perform lead-based paint renovation or dust sampling technician activities as described in this section unless they are certified by the department. Individuals seeking initial certification by the department to engage in lead-based paint renovation activities must successfully complete a dust sampling technician or renovator course accredited by the department. The course completion certificate serves as proof of training. Certified individuals may perform only lead-based paint renovation activities for which they are certified. To become certified as a renovator or dust sampling technician, an individual must:

(a) Submit a completed application to the department as described under WAC 365-230-150 and must provide documentation that the applicant has either:

(i) Met the certification requirements as described in this subsection for renovator or dust sampling technician.

(ii) Hold a valid certification issued by EPA or by a state or tribal program that has been authorized by EPA according to 40 C.F.R. 745.324.

(A) Applicants for certification based on certification from another state or tribal program must register their certification with the department.

(B) Certification based on a valid lead-based paint renovator or renovation dust sampling technician certification issued by EPA or by an EPA-authorized state or tribal program shall be issued with an expiration date not to exceed the date of expiration listed on the EPA or EPA-authorized state or tribal certification.

(b) A signed and dated renovator or dust sampling technician application.

(c) A check or money order made out to the department in the amount as described in the certification fees section of these rules.

(d) Application materials can be obtained by mail from Department of Commerce, Lead-Based Paint Program, P.O. Box 42525, Olympia, WA 98504-2525, by telephone, 360-586-5323, electronically at http://www.commerce.wa.gov/lead.

(2) Individuals may first apply to the department for certification to engage in lead-based paint renovation or dust sampling pursuant to this section on or after the effective date of these rules.

(3) Following the submission of an application demonstrating that all the requirements of this section have been met, the department shall certify an applicant as renovator, or dust sampling technician.

(4) Upon receiving the department certification, individuals conducting lead-based paint renovator or dust sampling technician activities shall comply with the work practice standards for performing the appropriate lead-based paint renovation activities as established in the work practice standards, WAC 365-230-330.

(5) It shall be a violation of these rules for an individual to conduct any of the lead-based paint renovator or dust sampling technician activities described in the work practice standards under WAC 365-230-330 who has not been certified by the department.

(6) To maintain renovator certification or dust sampling technician, an individual must complete a renovator refresher course or a dust sampling refresher course accredited by the department within five years of the date the individual completed the initial course as described in subsection (1) of this section, or within five years of the date of his/her last refresher course for the discipline. If the individual does not complete a refresher course within this time, the individual must retake the initial course to become certified again. Individuals who take a renovator refresher course that does not include hands-on training (E-learning Refresher) will be certified for three years from the date they complete the training. Individuals who take a refresher training course that includes hands-on training will be certified for five years. Individuals who take the renovator refresher course without the hands-on training must, for their next refresher course, take a refresher course that includes hands-on training to maintain renovator certification.

History

Statutory Authority: Chapter 70A.420 RCW. WSR 21-22-070, § 365-230-380, filed 10/29/21, effective 11/29/21. Statutory Authority: RCW 70.103.030. WSR 14-03-104, § 365-230-380, filed 1/20/14, effective 2/20/14. Statutory Authority: RCW 70.103.10 [70.103.010], 70.103.20 [70.103.020], 70.103.30 [70.103.030], 70.103.40 [70.103.040], 70.103.50 [70.103.050], 70.10.80 [70.103.080], and 70.103.90 [70.103.090]. WSR 11-07-067, § 365-230-380, filed 3/21/11, effective 4/21/11.

Wash. Admin. Code § 365-230-385 Renovator and dust sampling technician responsibilities.

(1) Renovator responsibilities. Certified renovators are responsible for ensuring compliance under WAC 365-230-330 at all renovations to which they are assigned. A certified renovator:

(a) Must perform all of the tasks described under WAC 365-230-330(2) and must either perform or direct workers who perform all of the tasks described under WAC 365-230-330(1).

(b) Must provide training to workers on the work practices required by WAC 365-230-330(1).

(c) Must be physically present at the worksite when signs required by WAC 365-230-330 (1)(a) are posted, while the work area containment required by WAC 365-230-330 (1)(b) is being established, and while the work area cleaning required by WAC 365-230-330 (1)(e) is performed.

(d) Must regularly direct work being performed by other individuals to ensure that the work practices required by WAC 365-230-330(1) are being followed, including maintaining the integrity of the containment barriers and ensuring that dust or debris does not spread beyond the work area.

(e) Must be available, either on-site or by telephone, at all times that renovations are being conducted.

(f) When requested by the party contracting for renovation services, must use an acceptable test kit to determine whether components to be affected by the renovation contain lead-based paint.

(g) Must have with them at the worksite copies of their initial course completion certificate and their most recent refresher course completion certificate.

(h) Must prepare the records required by WAC 365-230-340 (2)(a)(ii) and (f).

(2) Dust sampling technician responsibilities. When performing optional dust clearance sampling under WAC 365-230-330, a certified dust sampling technician:

(a) Must collect dust samples in accordance with WAC 365-230-200 (8)(f)(i) through (iv), must send the collected samples to a laboratory recognized under TSCA section 405(b) (National Lead Laboratory Accreditation Program (NLLAP)) as found under WAC 365-230-200 (7)(h), and must compare the results to the clearance levels in dust less than 40 µg/ft2 on floors, less than 250 µg/ft2 on windowsills, and less than 400 µg/ft2 on troughs.

(b) Must have with them at the worksite copies of their initial course completion certificate and their most recent refresher course completion certificate.

History

Statutory Authority: RCW 70.103.030. WSR 14-03-104, § 365-230-385, filed 1/20/14, effective 2/20/14. Statutory Authority: RCW 70.103.10 [70.103.010], 70.103.20 [70.103.020], 70.103.30 [70.103.030], 70.103.40 [70.103.040], 70.103.50 [70.103.050], 70.10.80 [70.103.080], and 70.103.90 [70.103.090]. WSR 11-07-067, § 365-230-385, filed 3/21/11, effective 4/21/11.

Chapter 365-240 Affordable and supportive housing—Local sales and use tax.

Wash. Admin. Code § 365-240-010 Authority.

This chapter is promulgated pursuant to the authority granted in RCW 82.14.540 requiring counties and cities that impose the local sales and use tax for affordable and supportive housing to report annually to the department of commerce on the collection and use of the revenue and for the department of commerce to adopt rules prescribing the content of those reports.

History

Statutory Authority: RCW 82.14.540(11). WSR 20-09-064, § 365-240-010, filed 4/13/20, effective 5/14/20.

Wash. Admin. Code § 365-240-020 Authorized uses of tax revenue.

Counties and cities may use tax revenue for:

(1) Acquiring, rehabilitating, or constructing affordable housing, which may include new units within an existing structure or facilities providing supportive housing services under RCW 71.24.385 (behavioral health organizations);

(2) Operations and maintenance costs of new units of affordable or supportive housing;

(3) Providing rental assistance to tenants that are at or below 60 percent of the area median income of the county or city that is imposing the tax; or

(4) Administrative costs of the county or city associated with administering this section, which may not exceed 10 percent of the annual tax distributed to the jurisdiction under this section.

History

Statutory Authority: RCW 82.14.540. WSR 24-04-016, § 365-240-020, filed 1/26/24, effective 2/26/24. Statutory Authority: RCW 82.14.540(11). WSR 20-09-064, § 365-240-020, filed 4/13/20, effective 5/14/20.

Wash. Admin. Code § 365-240-030 Annual report to the department of commerce.

Jurisdictions must submit a report to the department by October 1st annually with the following information pertaining to the most recent fiscal year. Reports submitted by a lead jurisdiction or managing entity pursuant to an interlocal agreement must be accompanied by contract language designating the responsible entity for submitting annual reports and ensuring their accuracy.

The first report will be due October 1, 2020, and annually thereafter.

(1) General:

(a) All references made in this section to funds, funds pooled, or funds utilized or bonded against are in regard to those derived from a jurisdiction's affordable and supportive housing sales and use tax distribution from the department of revenue for the corresponding fiscal year.

(b) An annual report submitted by a lead jurisdiction or managing entity pursuant to an interlocal agreement must be accompanied by agreed language designating it as the responsible party for report timeliness and accuracy.

(c) Information submitted by a lead jurisdiction or managing entity pursuant to an interlocal agreement must include the total combined revenue collection and program activities for all jurisdictions subject to the agreement. A separate report on revenue collection and program activities must be submitted for each jurisdiction choosing to additionally expend funds outside the agreement, if applicable.

(d) All reports submitted pursuant to this section must include contact information for the preparer.

(2) Revenue collection:

(a) Total affordable and supportive housing sales and use tax distribution for the reporting jurisdiction(s);

(b) Applicable affordable housing and supportive housing sales and use tax rate(s) for the reporting jurisdiction(s);

(d) If an interlocal agreement is in place, the total revenue utilized by jurisdiction(s) separately, not according to the terms of the agreement.

(3) Program activities:

(a) Total funds committed;

(b) Number, types, and status of projects supported with funds;

(d) Total funds utilized for rent assistance; and

(e) Duration of affordability for projects supported with funds.

(4) Program outputs:

(a) Total funds committed for loans and grants;

(b) Total funds obligated to support bonding activities;

(d) Total funds spent on administrative costs associated with administering this section, not to exceed 10 percent of the annual tax distributed to the jurisdiction;

(e) Total number of households served with funds used for rent assistance; and

(f) Target populations served with funds.

History

Statutory Authority: RCW 82.14.540. WSR 24-04-016, § 365-240-030, filed 1/26/24, effective 2/26/24. Statutory Authority: RCW 82.14.540(11). WSR 20-09-064, § 365-240-030, filed 4/13/20, effective 5/14/20.

Chapter 365-250 The landlord mitigation program—Maintaining confidentiality of personally identifying information received through the landlord survivor relief program.

Wash. Admin. Code § 365-250-010 Purpose and authority.

(1) The purpose of this chapter is to establish regulations for the department administering the landlord mitigation program regarding personally identifying information received through the landlord survivor relief program.

(2) Authority for this chapter and the following regulations is granted in RCW 43.31.605.

(3) The landlord mitigation program will maintain the confidentiality of all personally identifying information, confidential communications, and all confidential information received through the landlord survivor relief program. Information that individually or together with other information could identify a particular survivor of domestic violence, sexual assault, unlawful harassment, or stalking will also be kept confidential.

History

Statutory Authority: RCW 43.31.605. WSR 26-06-087, s 365-250-010, filed 3/3/26, effective 4/3/26.

Wash. Admin. Code § 365-250-020 Definitions.

"Personally identifying information" or "personal information" means individually identifying information for or about an individual. This includes information likely to disclose the location of a victim of domestic violence, dating violence, sexual assault, or stalking, regardless of whether the information is encoded, encrypted, hashed, or otherwise protected. This includes:

(1) A first and/or last name;

(2) Children's names;

(3) A home or other physical address;

(4) Contact information (including a postal, email, or internet protocol address, or telephone or facsimile number);

(5) A Social Security number, driver license number, passport number, or student identification number;

(6) Police reports or police report numbers;

(7) Protection order numbers;

(8) Signature;

(9) Date of birth;

(10) Racial or ethnic background;

(11) Religious affiliation;

(12) Other information that would personally identify a victim of domestic violence who seeks or has received services from a domestic violence program; or

(13) Such other information which, taken individually or together with other identifying information, that would serve to identify any individual.

History

Statutory Authority: RCW 43.31.605. WSR 26-06-087, s 365-250-020, filed 3/3/26, effective 4/3/26.