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HomeMy WebLinkAboutCommerce Checklist_Fully-Planning Counties (Word) Periodic Update Checklist for Fully-Planning Counties Overview: This checklist is intended to help counties that are fully planning under the Growth Management Act (GMA) conduct the “periodic review and update” of comprehensive plans and development regulations required by RCW 36.70A.130 (4). This checklist identifies components of comprehensive plans and development regulations that may need updating to reflect the latest local conditions or to comply with GMA changes since the last periodic update cycle (2015-2018). Statutory changes adopted since 2015 are emphasized in highlighted text to help identify new GMA requirements that may not have been addressed during the last update or through other amendments outside of the required periodic update process. What’s new: For the 2024-2027 update cycle, Commerce has updated and streamlined periodic update resources including checklists, guidebooks and a webpage to serve you better. A checklist and guidebook for partially-planning jurisdictions will be available prior to their 2026-2027 updates. A separate checklist is available for cities. 2021-2022 Legislative Session: HB 1220 substantially amends housing-related provisions of the GMA, RCW 36.70A.070(2). Please refer to the following Commerce housing webpages for further information about the new requirements: Updating GMA Housing Elements and Planning for Housing. HB 1241 changes the periodic update cycle described in RCW 36.70A.130. Jurisdictions required to complete their update in 2024 now have until December 31, 2024 to finalize their review and submit to Commerce. Jurisdictions required to complete their updates in 2025-2027 are still required to submit prior to June 30th of their respective year. Additionally, jurisdictions that meet the new criteria will be required to submit an implementation progress report five years after the review and revision of their comprehensive plan. HB 1717 adds new requirements to RCW 36.70A.040 regarding tribal participation in planning efforts with local and regional jurisdictions. HB 1799 adds a new section to the GMA, RCW 36.70A.142, requiring some local governments to begin providing separated organic material collection services within their jurisdictions in order to increase volumes of organic materials collected and delivered to composting and other organic material management facilities. SB 5275 amends RCW 36.70A.070(5)(d) enhancing opportunity in limited areas of more intense rural development (LAMIRDs). SB 5593 adds new elements to RCW 36.70A.130(3) regarding changes to planning and/or modifying urban growth areas (UGAs). Local governments should review local comprehensive plan policies, countywide planning policies and multicounty planning policies (where applicable) to be consistent with the new requirements. Checklist Instructions With the most recent versions of your comprehensive plan and development regulations in hand, fill out each item in the checklist, answering the following questions: Is this item addressed in your current plan or development regulations? If YES, fill in the form with citation(s) to where in the plan or regulation the item is addressed. Where possible, we recommend citing policy or goal numbers by element rather than page numbers, since these can change. If you have questions about the requirement, follow the hyperlinks to the relevant statutory provision or rules. If you still have questions, visit the Commerce Periodic Update webpage or contact the Commerce planner assigned to your region. Is amendment needed to meet current statute? Check YES to indicate a change to your plan will be needed. Check NO to indicate that the GMA requirement has already been met. Local updates may not be needed if the statute hasn’t changed since your previous update, if your jurisdiction has kept current with required inventories, or if there haven’t been many changes in local circumstances. Use the “Notes” column to add additional information to note where your county may elect to work on or amend sections of your plan or development regulations, to call out sections that are not strictly required by the GMA, or to indicate if the item is not applicable to your jurisdiction. Submit your checklist! This will be the first deliverable under your periodic update grant. PlanView system and instructions: Completed checklists can be submitted through Commerce’s PlanView portal. The PlanView system allows cities and counties to submit and track amendments to comprehensive plans or development regulations online, with or without a user account. You can also submit via email: reviewteam@commerce.wa.gov Fill out and attach a cover sheet, a copy of your submittal and this checklist. Please be advised that Commerce is no longer accepting paper submittals. For further information about the submittal process please visit Commerce’s Requirements and procedures for providing notice to the state webpage. Section I: Comprehensive Plan Elements  Land Use Element Consistent with countywide planning policies (CWPPs) and RCW 36.70A.070(1)   In Current Plan? Yes/No If yes, cite section Changes needed to meet current statute? Yes/No Notes   New 2021-2022 legislation ESSB 5593: changes to RCW 36.70A.130 regarding UGA size, patterns of development, suitability and infrastructure. Coordinate these efforts with the affected cities.     a. The element integrates relevant county-wide planning policies into the local planning process, and ensures local goals and policies are consistent. For jurisdictions in the central Puget Sound region, the plan is consistent with applicable multi-county planning policies. RCW 36.70A.210 WAC 365-196-305     b. A future land use map showing city limits and UGA boundaries. RCW 36.70A.070(1) and RCW 36.70A.110(6) WAC 365-196-400(2)(d), WAC 365-196-405(2)(i)(ii)     c. Urban Growth Area review: based on the population projection made for the County by OFM, the county and each city must include areas and densities sufficient to permit the urban growth projected to occur in the county or city for the succeeding twenty year period, except UGAs completely within a national historic reserve. RCW 36.70A.110(2&6), RCW 36.70A.130, WAC 365-196-310      In Current Plan? Yes/No If yes, cite section Changes needed to meet current statute? Yes/No Notes  d. If there is a UGA expansion into the 100-year floodplain of a river segment that is located west of the Cascade crest and when the river has a mean annual flow of 1,000 or more cubic feet per second, it meets the statutory exceptions to the general ban on such UGA expansions. RCW 36.70A.110(8)     e. Consideration of urban planning approaches that increase physical activity. RCW 36.70A.070(1) and WAC 365-196-405(2)(j). Additional resources: Transportation Efficient Communities, The Washington State Plan for Healthy Communities, Active Community Environment Toolkit     f. A consistent population projection throughout the plan which should be consistent with the county’s sub-county allocation of that forecast and housing needs. RCW 36.70A.115, RCW 43.62.035 and WAC 365-196-405(f)     g. Estimates of population densities and building intensities based on future land uses and housing needs. RCW 36.70A.070(1), WAC 365-196-405(2)(i) For counties required to plan under the Buildable Lands Program, RCW 36.70A.215 amended in 2017, some jurisdictions may need to identify reasonable measures to reconcile inconsistencies. See Commerce’s Buildable Lands Program page.      In Current Plan? Yes/No If yes, cite section Changes needed to meet current statute? Yes/No Notes  h. Provisions for protection of the quality and quantity of groundwater used for public water supplies. RCW 36.70A.070(1); WAC 365-196-405(1)(c); WAC 365-196-485(1)(d)      i. Identification of lands useful for public purposes such as utility corridors, transportation corridors, landfills, sewage treatment facilities, storm water management facilities, recreation, schools, and other public uses. RCW 36.70A.150 and WAC 365-196-340     j. Identification of open space corridors within and between urban growth areas, including lands useful for recreation, wildlife habitat, trails, and connection of critical areas. RCW 36.70A.160 and WAC 365-196-335     k. Criteria for designating natural resource lands consistent with minimum guidelines to classify agricultural, forest, mineral lands and critical areas? RCW 36.70A.050, WAC 365.190     l. Policies for agriculturally designated lands limiting nonagricultural uses to lands with poor soils or otherwise not suitable for agricultural purposes, and policies limiting the allowable range of accessory uses to those allowed by statute. RCW 36.70A.177(3)      In Current Plan? Yes/No If yes, cite section Changes needed to meet current statute? Yes/No Notes  m. Policies encouraging the conservation of productive forest and agricultural lands and discouraging incompatible uses. RCW 36.70A.020(8), WAC 365-190-050, WAC 365-196-815     n. If there is an airport within the county: policies, land use designations (and zoning) to discourage the siting of incompatible uses adjacent to general aviation airports. RCW 36.70A.510, RCW 36.70.547 Note: The plan (and associated regulations) must be filed with the Aviation Division of WSDOT. WAC 365-196-455     o. Where applicable, a review of drainage, flooding, and stormwater run-off in the area and nearby jurisdictions and provide guidance for corrective actions to mitigate or cleanse those discharges that pollute waters of the state. RCW 36.70A.070(1) and WAC 365-196-405(2)(e) Note: RCW 90.56.010(27) defines waters of the state. Additional resources: Protect Puget Sound Watersheds, Building Cities in the Rain, Ecology Stormwater Manuals, Puget Sound Partnership Action Agenda      In Current Plan? Yes/No If yes, cite section Changes needed to meet current statute? Yes/No Notes   p. Policies to designate and protect critical areas including wetlands, fish and wildlife habitat protection areas, frequently flooded areas, critical aquifer recharge areas, and geologically hazardous areas. In developing these policies, the county must have included the best available science (BAS) 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. RCW 36.70A.030(6), RCW 36.70A.172, WAC 365-190-080 Best Available Science: see WAC 365-195-900 through -925 Note: a voluntary stewardship program is an alternative for protecting critical areas in areas used for agricultural activities. RCW 36.70A.700 through .904. Visit the WA State Conservation Commission (SCC) VSP webpage     q. If forest or agricultural lands of long-term commercial significance are designated inside a UGA, there must be a program authorizing transfer (or purchase) of development rights. RCW 36.70A.060(4), RCW 36.70A.170     r. If there is a Military Base within or adjacent to the jurisdiction employing 100 or more personnel: policies, land use designations, (and consistent zoning) to discourage the siting of incompatible uses adjacent to military bases. RCW 36.70A.530(3), WAC 365-196-475      In Current Plan? Yes/No If yes, cite section Changes needed to meet current statute? Yes/No Notes  s. New section RCW 36.70A.142; new 2021-2022 legislation HB 1799: Development regulations newly developed, updated, or amended after January 1, 2025 allow for the siting of organic materials (OM) management facilities as identified in local solid waste management plans (SWMP) to meet OM reduction and diversion goals. Siting must meet criteria described in RCW 70A.205.040(3) See also RCW 36.70.330. For applicability, see RCW 70A.205.540      Housing Element In the 2021 legislative session, HB 1220 substantially amended the housing-related provisions of the Growth Management Act (GMA), RCW 36.70A.070 (2). Local governments should review local comprehensive plan policies and countywide planning policies to be consistent with the updated requirements. Please refer to Commerce’s housing webpages for further information about the new requirements: Updating GMA Housing Elements and Planning for Housing   In Current Plan? Yes/No If yes, cite section Changes needed to meet current statute? Yes/No Notes  a. Goals, policies, and objectives for the preservation, improvement, and development of housing. RCW 36.70A.070(2)(b) and WAC 365-196-410(2)(a)     b. Within an urban growth area boundary, consideration of duplexes, triplexes, and townhomes. RCW 36.70A.070(2)(c) amended in 2021, WAC 365-196-300     c. Consideration of housing locations in relation to employment locations and the role of ADUs. RCW 36.70A.070(2)(d) amended in 2021     d. An inventory and analysis of existing and projected housing needs over the planning period, by income band, consistent with the jurisdiction’s share of housing need, as provided by Commerce. RCW 36.70A.070(2)(a) amended in 2021, WAC 365-196-410(2)(b) and (c)     e. Identification of capacity of 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. RCW 36.70A.070(2)(c) amended in 2021, WAC 365-196-410(e) and (f)      In Current Plan? Yes/No If yes, cite section Changes needed to meet current statute? Yes/No Notes  f. Adequate provisions for existing and projected housing needs for all economic segments of the community. RCW 36.70A.070(2)(d) amended in 2021, WAC 365-196-010(g)(ii), WAC 365-196-300(f), WAC 365-196-410 and see Commerce’s Housing Action Plan (HAP) guidance: Guidance for Developing a Housing Action Plan     g. Identify 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 RCW 36.70A.070(e) new in 2021     h. Establish policies and regulations to address and begin to undo racially disparate impacts, displacement, and exclusion in housing caused by local policies, plans, and actions. RCW 36.70A.070(2)(f) new in 2021      In Current Plan? Yes/No If yes, cite section Changes needed to meet current statute? Yes/No Notes  i. 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.1 RCW 36.70A.070(2)(g) new in 2021 Establish anti-displacement 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. RCW 36.70A.070(2)(h) new in 2021     Capital Facilities Plan (CFP) Element To serve as a check on the practicality of achieving other elements of the plan, covering all capital facilities planned, provided, and paid for by public entities including local government and special districts, etc. including water systems, sanitary sewer systems, storm water facilities, schools, parks and recreational facilities, police and fire protection facilities. Capital expenditures from park and recreation elements, if separate, should be included in the CFP Element. The CFP Element must be consistent with CWPPs, and RCW 36.70A.070(3), and include:  a. The capital facility plan element must identified the transportation facilities, and public facilities and services needed to serve the UGA and the funding to provide the transportation facilities and public facilities and services. RCW 36.70A.130 amended in 2022 (see SB 5593)     b. Policies or procedures to ensure capital budget decisions are in conformity with the comprehensive plan. RCW 36.70A.120     c. An inventory of existing capital facilities owned by public entities. RCW 36.70A.070(3)(a) and WAC 365-196-415(1)(a)     1 This work should identify areas where anti-displacement tools may be applied, but may not need to be in the comprehensive plan. See Commerce’s housing guidance: Updating GMA Housing Elements - Washington State Department of Commerce In Current Plan? Yes/No If yes, cite section Changes needed to meet current statute? Yes/No Notes  d. A forecast of needed capital facilities. RCW 36.70A.070(3)(b) and WAC 365-196-415(1)(b) Note: The forecast of future need should be based on projected population and adopted levels of service (LOS) over the planning period.     e. Proposed locations and capacities of expanded or new capital facilities. RCW 36.70A.070(3)(c) and WAC 365-196-415 (1)(c) and (3)(c) 2     f. A six-year plan (at least) that will finance such capital facilities within projected funding capacities and identify sources of public money to finance planned capital facilities. RCW 36.70A.070(3)(d), RCW 36.70A.120, WAC 365-196-415(1)(d)     g. A policy or procedure to reassess the Land Use Element if probable funding falls short of meeting existing needs. RCW 36.70A.070(3)(e) WAC 365-196-415(2)(d) Note: park and recreation facilities shall be included in the capital facilities plan element     h. If impact fees are collected: identification of public facilities on which money is to be spent. RCW 82.02.050(5) and WAC 365-196-850(3)     Utilities Element Consistent with relevant CWPPs and RCW 36.70A.070(4). Utilities include, but are not limited to: sanitary sewer systems, water lines, fire suppression, electrical lines, telecommunication lines, and natural gas lines.   The general location, proposed location and capacity of all existing and proposed utilities. RCW 36.70A.070(4) and WAC 365-196-420      2 Infrastructure investments should consider equity and plan for any potential displacement impacts. Transportation Element Consistent with relevant CWPPs and RCW 36.70A.070(6)   In Current Plan? Yes/No If yes, cite section Changes needed to meet current statute? Yes/No Notes  a. The transportation element must identified the transportation facilities, and public facilities and services needed to serve the UGA and the funding to provide the transportation facilities and public facilities and services. RCW 36.70A.130 amended in 2022 (see SB 5593)     b. An inventory of air, water, and ground transportation facilities and services, including transit alignments, state-owned transportation facilities, and general aviation airports. RCW 36.70A.070(6)(a)(iii)(A) and WAC 365-196-430(2)(c).     c. Adopted levels of service (LOS) standards for all arterials, transit routes and highways. RCW 36.70A.070(6)(a)(iii)(B) and (C), WAC 365-196-430     d. Identification of specific actions to bring locally-owned transportation facilities and services to established LOS. RCW 36.70A.070(6)(a)(iii)(D), WAC 365-196-430     e. A forecast of traffic for at least 10 years including land use assumptions used in estimating travel. RCW 36.70A.070(6)(a)(i), RCW 36.70A.070 (6)(a)(iii)(E), WAC 365-196-430(2)(f)     f. A projection of state and local system needs to meet current and future demand. RCW 36.70A.070(6)(a)(iii)(F) and WAC 365-196-430(1)(c)(vi)      In Current Plan? Yes/No If yes, cite section Changes needed to meet current statute? Yes/No Notes  g. A 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. RCW 36.70A.070(6)(a)(vii), WAC 365-196-430(2)(j)     h. A description of any existing and planned transportation demand management (TDM) strategies, such as HOV lanes or subsidy programs, parking policies, etc. RCW 36.70A.070(6)(a)(vi) and WAC 365-196-430(2)(i)(i)     i. An analysis of future funding capability to judge needs against probable funding resources. RCW 36.70A.070(6)(a)(iv)(A), WAC 365.196-430(2)(k)(iv)     j. A multi-year financing plan based on needs identified in the comprehensive plan, the appropriate parts of which serve as the basis for the 6-year street, road or transit program. RCW 36.70A.070(6)(a)(iv)(B) and RCW 35.77.010, WAC 365-196-430(2)(k)(ii)     k. If probable funding falls short of meeting identified needs: a discussion of how additional funds will be raised, or how land use assumptions will be reassessed to ensure that LOS standards will be met. RCW 36.70A.070(6)(a)(iv)(C), WAC 365-196-430(2)(l)(iii)      In Current Plan? Yes/No If yes, cite section Changes needed to meet current statute? Yes/No Notes  l. A description of intergovernmental coordination efforts, including an assessment of the impacts of the transportation plan and land use assumptions on the transportation systems of adjacent jurisdictions and how it is consistent with the regional transportation plan. RCW 36.70A.070(6) (a)(v); WAC 365-196-430(1)(e) and 430(2)(a)(iii)     Rural Element Consistent with RCW 36.70A.070(5), RCW 36.70A.011, RCW 36.70A.030 (15, 16, and 17), and should consider WAC 365-196-425. Rural lands are lands not included in urban growth areas or designated as agricultural, forest, or mineral resource lands.  a. A rural element that: Establish patterns of rural densities and uses considering local circumstances, including a written record explaining how the rural element harmonizes the planning goals of the GMA and meets the requirements of RCW 36.70A.070(5); Allows rural development, forestry and agriculture in rural areas; Provides for a variety of rural densities, uses, essential public facilities and rural governments services; and Includes measures that apply to rural development and protects the rural character of the area. RCW 36.70A.030 (15), (16) and (17), RCW 36.70A.070(5), WAC 365-196-425 Note: this subsection shall not be interpreted to permit in the rural area a major industrial development or a master planned resort unless otherwise specifically permitted under RCW 36.70A.360 and RCW 36.70A.365      In Current Plan? Yes/No If yes, cite section Changes needed to meet current statute? Yes/No Notes  b. Policies that limit urban services in rural areas. RCW 36.70A.110(4) amended in 2021 Note: The plan may include optional techniques such as limited areas of more intensive rural development (LAMIRDs), clustering, density transfer, design guidelines, and conservation easements to accommodate rural uses not characterized by urban growth as specified in RCW 36.70A.070(5)(b), (d) amended in 2021 (SB 5275), WAC 365-196-425(4)     Shoreline For shorelines of the state, the goals and policies of the shoreline management act as set forth in RCW 90.58.020 are added as one of the goals of the Growth Management Act (GMA) as set forth in RCW 36.70A.480. The goals and policies of a shoreline master program for a county or city approved under RCW 90.58 shall be considered an element of the county or city's comprehensive plan.  a. The policies, goals, and provisions of RCW 90.58 and applicable guidelines shall be the sole basis for determining compliance of a shoreline master program with this chapter 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, 35A.63.105, 36.70A.480     b. 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 WA State Department of Ecology (Ecology) guidelines adopted pursuant to RCW 90.58.060. See Ecology’s Shoreline planners’ toolbox for the SMP Checklist and other resources.      In Current Plan? Yes/No If yes, cite section Changes needed to meet current statute? Yes/No Notes  c. Shorelines of the state shall not be considered critical areas under this chapter 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 by RCW 36.70A.030(5) and have been designated as such by a local government pursuant to RCW 36.70A.060(2)     d. 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 by 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).     Provisions for siting essential public facilities (EPFs) Consistent with CWPPs and RCW 36.70A.200 amended 2021. This section can be included in the Capital Facilities Element, Land Use Element, or in its own element. Sometimes the identification and siting process for EPFs is part of the CWPPs.  a. A process or criteria for identifying and siting essential public facilities (EPFs). RCW 36.70A.200 and WAC 365-196-550(1) Notes: RCW 36.70A.200 amended 2021 regarding reentry and rehabilitation facilities. EPFs are defined in RCW 36.70A.200. Regional transit authority facilities are included in the list of essential public facilities.     b. Policies or procedures that ensure the comprehensive plan does not preclude the siting of EPFs. RCW 36.70A.200(5) Note: If the EPF siting process is in the CWPPs, this policy may be contained in the comprehensive plan as well. WAC 365-196-550(3)      Tribal Participation in Planning new in 2022 (see HB 1717) A federally recognized Indian tribe may voluntarily choose to participate in the local and regional planning processes.   In Current Plan? Yes/No If yes, cite section Changes needed to meet current statute? Yes/No Notes  a. Mutually agreeable memorandum of agreement between local governments and tribes in regard to collaboration and participation in the planning process unless otherwise agreed at the end of a mediation period. RCW 36.70A.040(8)(a) new in 2022     c. Urban Growth Areas: counties and cities coordinate planning efforts for any areas planned for urban growth with applicable tribe(s). RCW 36.70A.110(1) amended 2022, RCW 36.70A.040(8)      Future required elements: pending state funding As of 2022, these elements have not received state funding to aid local jurisdictions in implementation. Therefore, these elements are not required to be added to comprehensive plans at this time. Commerce encourages jurisdictions to begin planning for these elements, pending the future mandate.   In Current Plan? Yes/No If yes, cite section Notes  Economic Development Although included in RCW 36.70A.070 amended 2017 “mandatory elements” an economic development element is not currently required because funding was not provided to assist in developing local elements when this element was added to the GMA. However, provisions for economic growth, vitality, and a high quality of life are important, and supporting strategies should be integrated with the land use, housing, utilities, and transportation elements.    Parks and Recreation Although included in RCW 36.70A.070 amended 2017 “mandatory elements” a parks and recreation element is not required because the state did not provide funding to assist in developing local elements when this provision was added to the GMA. However, park, recreation, and open space planning are GMA goals, and it is important to plan for and fund these facilities.     Optional Elements Pursuant to RCW 36.70A.080, 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:   In Current Plan? Yes/No If yes, cite section Notes  Climate Change Mitigation & Resilience As of 2022, this optional element has not yet received state funding to aid local jurisdictions in implementation. Please visit Commerce’s Climate Program page for resources and assistance if interested in developing climate mitigation and resilience plans for your jurisdiction.     Sub-Area Plans    Other     Consistency is required by the GMA   In Current Plan? Yes/No If yes, cite section Changes needed to meet current statute? Yes/No Notes  a. All plan elements must be consistent with relevant county-wide planning policies (CWPPs) and, where applicable, multi-county planning policies (MPPs) and the GMA. RCW 36.70A.100 and 210, WAC 365-196-305; 400(2)(c); 510 and 520     b. All plan elements must be consistent with each other. RCW 36.70A.070 (preamble) and WAC 365-197-040     c. The plan must be coordinated with the plans of adjacent jurisdictions. RCW 36.70A.100 and WAC 365-196-520     Public Participation  a. Plan ensures public participation in the comprehensive planning process. RCW 36.70A.020(11), .035, and .140, WAC 365-196-600(3) provide possible public participation choices.     b. If the process for making amendments is included in the comprehensive plan: The plan provides that amendments are to be considered no more often than once a year, not including the exceptions described in RCW 36.70A.130(2), WAC365-196-640 The plan sets out a procedure for adopting emergency amendments and defines emergency. RCW 36.70A.130(2)(b) and RCW 36.70A.390 New in 2021, (HB 1220 sections 3-5), WAC 365-196-650(4)      In Current Plan? Yes/No If yes, cite section Changes needed to meet current statute? Yes/No Notes  c. Plan or program for monitoring how well comprehensive plan policies, development regulations, and other implementation techniques are achieving the comp plan’s goals and the goals of the GMA. WAC 365-196-660 discusses a potential review of growth management implementation on a systematic basis. New 2021-2022 legislation HB 1241 provides that those jurisdictions with a periodic update due in 2024 have until December 31, 2024 to submit. The legislation also changed the update cycle to every ten years after the 2024-2027 cycle. Jurisdictions that meet the new criteria described in RCW 36.70A.130(9) will be required to submit an implementation progress report five years after the review and revision of their comprehensive plan.     d. Considerations for preserving property rights. Local governments must evaluate proposed regulatory or administrative actions to assure that such actions do not result in an unconstitutional taking of private property RCW 36.70A.370. For further guidance see the 2018 Advisory Memo on the Unconstitutional Taking of Private Property      Section II: Development Regulations Must be consistent with and implement the comprehensive plan. RCW 36.70A.040, WAC 365-196-800 and 810  Critical Areas Regulations protecting critical areas are required by RCW 36.70A.060(2), RCW 36.70A.172(1), WAC 365-190-080 and WAC 365-195-900 through 925.  Please visit Commerce’s Critical Areas webpage for resources and to complete the Critical Areas Checklist. Critical areas regulations must be reviewed and updated, as necessary, to incorporate legislative changes and best available science. Jurisdictions using periodic update grant funds to update critical areas regulations must submit the critical areas checklist as a first deliverable, in addition to this periodic update checklist.  Zoning Code   In Current Regs? Yes/No If yes, cite section Changes needed to meet current statute? Yes/No Notes  a. Zoning designations are consistent and implement land use designations that accommodate future housing needs by income bracket as allocated through the countywide planning process. (RCW 36.70A.070(2)(c) - Amended in 2021 with HB 1220)     b. Permanent supportive housing or transitional housing must be allowed where residences and hotels are allowed. RCW 36.70A.390 New in 2021, (HB 1220 sections 3-5) “permanent supportive housing” is defined in RCW 36.70A.030; “transitional housing” is defined in RCW 84.36.043(2)(c)     c. The number of unrelated persons that occupy a household or dwelling unit except as provided in state law, for short term rentals, or occupant load per square foot shall not be regulated or limited by counties. (HB 5235), RCW 36.01.227 new in 2021     d. Family day care providers are allowed in all residential dwellings located in areas zoned for residential or commercial RCW 36.70A.450. Review RCW 43.216.010 for definition of family day care provider and WAC 365-196-865 for more information.      In Current Regs? Yes/No If yes, cite section Changes needed to meet current statute? Yes/No Notes  e. Limitations on regulating: outdoor encampments, safe parking efforts, indoor overnight shelters and temporary small houses on property owned or controlled by a religious organization. RCW 36.01.290 amended in 2020     f. Manufactured housing is regulated the same as site built housing. RCW 36.01.225 amended in 2019. A local government may require that manufactured homes: (1) are new, (2) are set on a permanent foundation, and (3) comply with local design standards applicable to other homes in the neighborhood, but may not discriminate against consumer choice in housing. See: National Manufactured Housing Construction and Safety Standards Act of 1974     g. Accessory dwelling units: counties must adopt or amend by ordinance, and incorporate into their development regulations, zoning regulations and other official controls in RCW 36.70A.070(d)(iv), RCW 36.70A.696 amended in 2021, 43.63A.215(3) Watch for new guidance from Commerce on the GMS Planning for Housing webpage     h. Affordable housing programs enacted or expanded under RCW 36.70A.540 amended in 2022 comply with the requirements of this section. Examples of such programs may include: tiny-home communities, density bonuses within urban growth areas, height and bulk bonuses, fee waivers or exemptions, parking reductions, expedited permitting conditioned on provision of low-income housing units, or mixed-use projects. See also RCW 36.70A.545, WAC 365-196-300 and WAC 365-196-410(2)(e)(i)      In Current Regs? Yes/No If yes, cite section Changes needed to meet current statute? Yes/No Notes  i. Residential structures occupied by persons with handicaps, and group care for children that meets the definition of “familial status” are regulated the same as a similar residential structure occupied by a family or other unrelated individuals. No city or county planning under the GMA may enact or maintain ordinances, development regulations, or administrative practices which treat a residential structure occupied by persons with handicaps differently than a similar residential structure occupied by a family or other unrelated individuals. RCW 36.70A.410, RCW 70.128.140 and 150, RCW 49.60.222-225 and WAC 365-196-860     j. Rural regulations allow innovative techniques such as clustering, density transfer, design guidelines, and conservation easements to support rural economic advancement, a variety of densities, and uses that are not characterized by urban growth and that are consistent with rural character. RCW 36.70A.070(5)(b) and (c) and WAC 365-196-425(5)     k. Regulations discourage incompatible uses around general aviation airports. RCW 36.70.547 and WAC 365-196-455. Incompatible uses include: high population intensity uses such as schools, community centers, tall structures, and hazardous wildlife attractants such as solid waste disposal sites, wastewater or stormwater treatment facilities, or stockyards. For more guidance, see WSDOT’s Aviation Land Use Compatibility Program.      In Current Regs? Yes/No If yes, cite section Changes needed to meet current statute? Yes/No Notes  l. If a U.S. Department of Defense (DoD) military base employing 100 or more personnel is within or adjacent to the jurisdiction, zoning should discourage the siting of incompatible uses adjacent to military base. RCW 36.70A.530(3) and WAC 365-196-475. Visit Military One Source to locate any bases in your area and help make determination of applicability. If applicable, inform the commander of the base regarding amendments to the comprehensive plan and development regulations on lands adjacent to the base.     m. Electric vehicle infrastructure (jurisdiction specified: adjacent to Interstates 5, 90, 405 or state route 520 and other criteria) must be allowed as a use in all areas except those zoned for residential, resource use or critical areas. RCW 36.70A.695     Shoreline Master Program Consistent with RCW 90.58 Shoreline Management Act of 1971  a. Zoning designations are consistent with Shoreline Master Program (SMP) environmental designations. RCW 36.70A.480     b. If updated to meet RCW 36.70A.480, SMP regulations provide protection to critical areas in shorelines that is at least equal to the protection provided to critical areas by the critical areas ordinance. RCW 36.70A.480(4) and RCW 90.58.090(4) See Ecology’s Shoreline Master Programs Handbook webpage for additional resources.      Resource Lands Defined in RCW 36.70A.030(3), (12) and (17) and consistent with RCW 36.70A.060 and RCW 36.70A.170   In Current Regs? Yes/No If yes, cite section Changes needed to meet current statute? Yes/No Notes  a. Zoning is consistent with natural resource lands designations in the comprehensive plan and conserves natural resource lands. RCW 36.70A.060(3), WAC 365-196-815 and WAC 365-190-020(6). Consider innovative zoning techniques to conserve agricultural lands of long-term significance RCW 36.70A.177(2). See also WAC 365-196-815(3) for examples of innovative zoning techniques.     b. Regulations to assure that use of lands adjacent to natural resource lands does not interfere with natural resource production. RCW 36.70A.060(1)(a) and WAC 365-190-040 Regulations require notice on all development permits and plats within 500 feet of designated natural resource lands that the property is within or near a designated natural resource land on which a variety of commercial activities may occur that are regulations to implement comprehensive plan     c. For designated agricultural land, regulations encourage nonagricultural uses to be limited to lands with poor soils or otherwise not suitable for agricultural purposes. Accessory uses should be located, designed and operated to support the continuation of agricultural uses. RCW 36.70A.177(3)(b)     d. Designate mineral lands and associated regulations as required by RCW 36.70A.131and WAC 365-190-040(5). For more information review the WA State Dept. of Natural Resources (DNR)’s Geology Division site      Siting Essential Public Facilities Regulations for siting essential public facilities should be consistent with RCW 36.70A.200 and consider WAC 365-196-550. Essential public facilities include those facilities that are typically difficult to site, such as airports, state education facilities, state or regional transportation facilities, state and local correctional facilities, solid waste handling facilities, and in-patient facilities including substance abuse facilities, mental health facilities, group homes, and secure community transition facilities. Regulations may be specific to a local jurisdiction, but may be part of county-wide planning policies (CWPPs).   In Current Regs? Yes/No If yes, cite section Changes needed to meet current statute? Yes/No Notes  Regulations or CWPPs include a process for siting EPFs and ensure EPFs are not precluded. RCW 36.70A.200(2), (3), (5). WAC 365-196-550(6) lists process for siting EPFs. WAC 365-196-550(3) details preclusions. EPFs should be located outside of known hazardous areas. Visit Commerce’s Behavioral Health Facilities Program page for information on establishing or expanding new capacity for behavioral health EPFs.     Subdivision Code  a. Subdivision regulations are consistent with and implement comprehensive plan policies. RCW 36.70A.030(5) and 36.70A.040(4).     b. Written findings to approve subdivisions establish adequacy of public facilities. RCW 58.17.110 amended in 2018 Streets or roads, sidewalks, alleys, other public ways, transit stops, and other features that assure safe walking conditions for students. Potable water supplies, sanitary wastes, and drainage ways. RCW 36.70A.590 amended 2018 Open spaces, parks and recreation, and playgrounds Schools and school grounds Other items related to the public health, safety and general welfare WAC 365-196-820(1).      In Current Regs? Yes/No If yes, cite section Changes needed to meet current statute? Yes/No Notes  c. Preliminary subdivision approvals under RCW 58.17.140 are valid for a period of five or seven years (previously five years). See also RCW 58.17.170 Note: preliminary plat approval is valid for: seven years if the date of preliminary plat approval is on or before December 31, 2014; five years if the preliminary plat approval is issued on or after January 1, 2015; and ten years if the project is located within city limits, not subject to the shoreline management act, and the preliminary plat is approved on or before December 31, 2007.     Stormwater  a. Regulations protect water quality and implement actions to mitigate or cleanse drainage, flooding, and storm water run-off that pollute waters of the state, including Puget Sound or waters entering Puget Sound. RCW 36.70A.070(1) Regulations may include: adoption of a stormwater manual consistent with Ecology’s latest manual for Eastern or Western Washington, adoption of a clearing and grading ordinance –See Commerce’s 2005 Technical Guidance Document for Clearing and Grading in Western Washington. Adoption of a low impact development ordinance. See Puget Sound Partnership’s 2012 Low Impact Development guidance and Ecology’s 2013 Eastern Washington Low Impact Development guidance. Additional Resources: Federal Grants to Protect Puget Sound Watersheds, Building Cities in the Rain, Ecology Stormwater Manuals, Puget Sound Partnership Action Agenda      In Current Regs? Yes/No If yes, cite section Changes needed to meet current statute? Yes/No Notes  b. Provisions for corrective action for failing septic systems that pollute waters of the state. RCW 36.70A.070(1). See also: DOH Wastewater Management, Ecology On-Site Sewage System Projects & Funding     Organic Materials Management Facilities New in 2022, HB 1799 added a section to the GMA aimed at reducing the volumes of organic materials collected in conjunction with other solid waste and delivered to landfills, supporting productive uses of organic material wastes and reduction of methane gas (a greenhouse gas).  New section RCW 36.70A.142; new 2021-2022 legislation HB 1799: Development regulations newly developed, updated, or amended after January 1, 2025 allow for the siting of organic materials (OM) management facilities as identified in local solid waste management plans (SWMP) to meet OM reduction and diversion goals. Siting to meet criteria described in RCW 70A.205.040(3) See also RCW 36.70.330. For applicability, see RCW 70A.205.540     Impact Fees May impose impact fees on development activity as part of the financing for public facilities, provided that the financing for system improvements to serve new development must provide for a balance between impact fees and other sources of public funds; cannot rely solely on impact fees.  a. If adopted, impact fees are applied consistent with RCW 82.02.050 amended in 2015, .060 amended in 2021, .070, .080, .090 amended in 2018 and .100. WAC 365-196-850 provides guidance on how impact fees should be implemented and spent.      In Current Regs? Yes/No If yes, cite section Changes needed to meet current statute? Yes/No Notes  b. Jurisdictions collecting impact fees must adopt and maintain a system for the deferred collection of impact fees for single-family detached and attached residential construction, consistent with RCW 82.02.050(3) amended in 2016     c. If adopted, limitations on impact fees for early learning facilities RCW 82.02.060 amended in 2021     d. If adopted, exemption of impact fees for low-income and emergency housing development RCW 82.02.060 amended in 2021. See also definition change in RCW 82.02.090(1)(b) amended in 2018      Concurrency and Transportation Demand Management (TDM) Ensures consistency in land use approval and the development of adequate public facilities as plans are implemented, maximizes the efficiency of existing transportation systems, limits the impacts of traffic and reduces pollution.   In Current Regs? Yes/No If yes, cite section Changes needed to meet current statute? Yes/No Notes  a. The transportation concurrency requirement includes specific language that prohibits development when level of service standards for transportation facilities cannot be met. RCW 36.70A.070(6)(b), WAC 365-196-840. Note: Concurrency is required for transportation, but may also be applied to park facilities, etc.     b. Measures exist to bring into compliance locally owned transportation facilities or services that are below the levels of service established in the comprehensive plan. RCW 36.70A.070(6)(a)(iii)(B) and (D). Levels of service can be established for automobiles, pedestrians and bicycles. See WAC 365-196-840(3) on establishing an appropriate level of service.     c. Highways of statewide significance (HSS) are exempt from the concurrency ordinance. RCW 36.70A.070(6)(a)(iii)(C)     d. Traffic demand management (TDM) requirements are consistent with the comprehensive plan. RCW 36.70A.070(6)(a)(vi) Examples may include requiring new development to be oriented towards transit streets, pedestrian-oriented site and building design, and requiring bicycle and pedestrian connections to street and trail networks. WAC 365-196-840(4) recommends adopting methodologies that analyze the transportation system from a comprehensive, multimodal perspective.      In Current Regs? Yes/No If yes, cite section Changes needed to meet current statute? Yes/No Notes  e. If required by RCW 82.70, a commute trip reduction (CTR) ordinance to achieve reductions in the proportion of single-occupant vehicle commute trips has been adopted. The ordinance should be consistent with comprehensive plan policies for CTR and Department of Transportation rules.     Tribal Participation in Planning new in 2022 (see HB 1717) A federally recognized Indian tribe may voluntarily choose to participate in the county or regional planning process.  a. Mutually agreeable memorandum of agreement between local governments and tribes in regard to collaboration and participation in the planning process unless otherwise agreed at the end of a mediation period RCW 36.70A.040(8)(a) new in 2022     b. Policies consistent with countywide planning policies that address the protection of tribal cultural resources in collaboration with federally recognized Indian tribes that are invited, provided that a tribe, or more than one tribe, chooses to participate in the process. RCW 36.70A.210(3)(i) new in 2022     Regulations to Implement Optional Elements  a. New fully contained communities are consistent with comprehensive plan policies, RCW 36.70A.350 and WAC 365-196-345     b. If applicable, master planned resorts are consistent with comprehensive plan policies, RCW 36.70A.360, RCW 36.70A.362 and WAC 365-196-460      In Current Regs? Yes/No If yes, cite section Changes needed to meet current statute? Yes/No Notes  c. If applicable, major industrial developments and master planned locations outside of UGAs are consistent with comprehensive plan policies, RCW 36.70A.365, RCW 36.70A.367 and WAC 365-196-465     d. Regulations include procedures to identify, preserve, and/or monitor historical or archaeological resources. RCW 36.70A.020(13), WAC 365-196-450     e. Other development regulations needed to implement comprehensive plan policies such as energy, sustainability or design are adopted. WAC 365-196-445     f. Design guidelines for new development are clear and easy to understand; administration procedures are clear and defensible.     Project Review Procedures  Project review processes integrate permit and environmental review. RCW 36.70A.470, RCW 36.70B and RCW 43.21C. Resources include WAC 365-196-845, WAC 197-11(SEPA Rules), WAC 365-197 (Project Consistency Rule, Commerce, 2001) and Ecology SEPA Handbook. Integrated permit and environmental review procedures for: Notice of application Notice of complete application One open-record public hearing Combining public hearings & decisions for multiple permits Notice of decision One closed-record appeal      Plan & Regulation Amendments If procedures governing comprehensive plan amendments are part of the code, then assure the following are true:   In Current Regs? Yes/No If yes, cite section Changes needed to meet current statute? Yes/No Notes  a. Regulations limit amendments to the comprehensive plan to once a year (with statutory exceptions). RCW 36.70A.130(2) and WAC 365-196-640(3)     b. Regulations define emergency for an emergency plan amendment. RCW 36.70A.130(2)(b) and WAC 365-196-640(4)     c. Regulations include a docketing process for requesting and considering plan amendments. RCW 36.70A.130(2), RCW 36.70A.470, and WAC 365-196-640(6)     d. A process has been established for early and continuous public notification and participation in the planning process. RCW 36.70A.020 (11), RCW 36.70A.035 and RCW 36.70A.140. See WAC 365-196-600 regarding public participation and WAC 365-196-610(2) listing recommendations for meeting requirements.     e. A process exists to assure that proposed regulatory or administrative actions do not result in an unconstitutional taking of private property RCW 36.70A.370. See the 2018 Advisory Memo on the Unconstitutional Taking of Private Property     f. Provisions ensure adequate enforcement of regulations, such as zoning and critical area ordinances (civil or criminal penalties). See implementation strategy in WAC 365-196-650(1).