CTED Releases the Scope of Work for the
WAC Update Process
Update:
CTED Growth Management Services is continuing its review of Chapters 365-190 and 365-195 WAC, and it recently held a set of four workshops throughout the state (
Vancouver, Mount Vernon, Tacoma, and Spokane) in April 2008.
These latest workshops provided an opportunity to present the results of the initial scoping process conducted last fall, review those comments received to date, discuss additional topics of interest with attendees, and outline the upcoming update process.
For a copy of the recent Scope of Work presentation from the April 2008 workshops,
click here For a summary of the GMA Administrative Guidelines Update Scoping Report from fall 2007, click here
For a detailed section-by-section analysis of guidelines addressing Resource Lands and Critical Areas Designation (WAC 365-190), click here
For a detailed section-by-section analysis of the guidelines addressing the rest of the GMA (WAC 365-195), click here
CTED will use the recent spring 2008 workshops, prior listening sessions, and additional feedback and comment received from stakeholders as guidance for the upcoming WAC drafting stage.
In the coming months, CTED will begin the process of releasing draft proposals on this website and through the ListServ. CTED intends the next phase to be an open and collaborative effort, allowing all interested stakeholders, and the public, to review and comment on the draft proposals of the administrative guideline updates.
Please continue to monitor this website and subscribe to the ListServ service below if interested. CTED welcomes all comments as this process continues. We will use the comments when drafting proposed rule amendments. CTED intends to present preliminary concept draft changes at workshops in fall 2008.
Background
When the Growth Management Act (GMA) was first adopted, the legislature directed the Department of Community, Trade, and Economic Development (CTED) to develop a series of Washington Administrative Code (WAC) guidelines to help local governments interpret and implement the GMA (RCW 36.70A.050 and RCW 36.70A.190). These guidelines (WAC 365-190 and 365-195) were adopted under the Washington State Administrative Procedures Act in 1991-92.
During the 2007-09 Biennium, CTED will be reviewing and adopting updates to these administrative guidelines. This process will be complete in June 2009.
The original WAC guidelines were designed to assist with adoption of a local governments' first full GMA plan. Local jurisdictions have now completed this task, and guidelines more appropriate and relevant to the current state of GMA planning are needed. Amendments to the GMA statute have been adopted in almost every legislative session since 1992 and, with few exceptions, these changes have not been incorporated into the WAC. The courts and Growth Management Hearings Boards have also interpreted and clarified significant portions of the GMA. However, the WAC does not reflect these judicial interpretations and, in some places, it is inconsistent with them.
Resources
Summary of the WAC update process
Summary of Comments from Fall 2007 Listening Sessions
Final Scoping Report
Current CTED Technical Bulletin Materials:
Technical Bulletin 1.4 GMA Update: Optional Process for Review and Revision of the Comprehensive Plans and Development Regulations
What CTED is reviewing:
CTED will review those portions of the administrative guidelines that were adopted in 1991 and 1992. This includes WAC 365-195, Procedural Criteria for Adopting Comprehensive Plans and Development Regulations and WAC 365-190, Minimum Guidelines to Classify Agricultural, Forest, Mineral Lands and Critical Areas.
This review and update process will not include WAC 365-197, Project Consistency or WAC 365-195 (Part Nine), Best Available Science, adopted in 2000.
Preproposal Statement of Inquiry:
WSR-07-19-124 Phase I - Preproposal Statement of Inquiry
WSR-07-19-125 Phase II - Preproposal Statement of Inquiry
Project schedule:
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How CTED will decide what needs to be amended: Review of amendments to the GMA since adoption, which have not been incorporated into the WAC. Incorporation of significant clarifications of the statute by the courts and the Growth Management Hearings Boards. Consideration of comments heard from stakeholders.
How you can provide input and monitor the process the Internet: Please bookmark this webpage to follow the current status of the project and learn how to provide your thoughts. We will update this page regularly with new information.
GMA WAC ListServ: To monitor progress throughout the project, sign up for the GMA Guidelines ListServ, which will provide announcements regarding the WAC update process.
Written suggestions and comments: Please address written comments to wacupdate@cted.wa.gov or mail to:
Growth Management Services
Department of Community, Trade and Economic Development
PO Box 42525
906 Columbia St. SW
Olympia, WA 98504-2525
Attn: WAC Update
For questions about this WAC update project, contact David Andersen, Planning and Review Team Manager, and Paul Johnson, Staff Planner.