RCW 36.70A.530
Land use development incompatible with military installation not allowed—Revision of comprehensive plans and development regulations.
(1) Military installations are of particular importance to the economic health of the state of Washington and it is a priority of the state to protect the land surrounding our military installations from incompatible development.
(2) Comprehensive plans, amendments to comprehensive plans, development regulations, or amendments to development regulations adopted under this section shall be adopted or amended concurrent with the scheduled update provided in RCW 36.70A.130, except that counties and cities identified in *RCW 36.70A.130(4)(a) shall comply with this section on or before December 1, 2005, and shall thereafter comply with this section on a schedule consistent with *RCW 36.70A.130(4).
(3) A comprehensive plan, amendment to a 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 city or county may find that an existing comprehensive plan or development regulations are compatible with the installation's ability to carry out its mission requirements.
(4) As part of the requirements of RCW 36.70A.070(1) each county and city planning under RCW 36.70A.040 that has a federal military installation, other than a reserve center, that employs one hundred or more personnel and is operated by the United States department of defense within or adjacent to its border, shall 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 military installations to ensure those lands are protected from incompatible development.
(5)(a) The notice provided under subsection (4) of this section 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 adoption of a comprehensive plan or an amendment to a plan. The notice shall provide sixty days for a response from the commander. If the commander does not submit a response to such request within sixty days, the local government may presume that implementation of the proposed plan or amendment will not have any adverse effect on the operation of the installation.
(b) When a county or city intends to amend its development regulations to be consistent with the comprehensive plan elements addressed in (a) of this subsection, notice shall be provided to the commander of the military installation consistent with subsection (4) 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 sixty days for a response from the commander to the requesting government. If the commander does not submit a response to such request within sixty 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.
[ 2004 c 28 § 2.]
NOTES:
*Reviser's note: RCW 36.70A.130 was amended by 2020 c 113 § 1, deleting subsection (4).
Finding—2004 c 28: "The United States military is a vital component of the Washington state economy. The protection of military installations from incompatible development of land is essential to the health of Washington's economy and quality of life. Incompatible development of land close to a military installation reduces the ability of the military to complete its mission or to undertake new missions, and increases its cost of operating. The department of defense evaluates continued utilization of military installations based upon their operating costs, their ability to carry out missions, and their ability to undertake new missions." [ 2004 c 28 § 1.]
Structure Revised Code of Washington
Chapter 36.70A - Growth Management—Planning by Selected Counties and Cities.
36.70A.010 - Legislative findings.
36.70A.011 - Findings—Rural lands.
36.70A.035 - Public participation—Notice provisions.
36.70A.045 - Phasing of comprehensive plan submittal.
36.70A.050 - Guidelines to classify agriculture, forest, and mineral lands and critical areas.
36.70A.060 - Natural resource lands and critical areas—Development regulations.
36.70A.070 - Comprehensive plans—Mandatory elements.
36.70A.080 - Comprehensive plans—Optional elements.
36.70A.085 - Comprehensive plans—Port elements.
36.70A.090 - Comprehensive plans—Innovative techniques.
36.70A.100 - Comprehensive plans—Must be coordinated.
36.70A.103 - State agencies required to comply with comprehensive plans.
36.70A.110 - Comprehensive plans—Urban growth areas.
36.70A.130 - Comprehensive plans—Review procedures and schedules—Implementation progress report.
36.70A.131 - Mineral resource lands—Review of related designations and development regulations.
36.70A.140 - Comprehensive plans—Ensure public participation.
36.70A.142 - Comprehensive plans—Siting of organic materials management facilities.
36.70A.150 - Identification of lands useful for public purposes.
36.70A.160 - Identification of open space corridors—Purchase authorized.
36.70A.165 - Property designated as greenbelt or open space—Not subject to adverse possession.
36.70A.170 - Natural resource lands and critical areas—Designations.
36.70A.171 - Playing fields—Compliance with this chapter.
36.70A.172 - Critical areas—Designation and protection—Best available science to be used.
36.70A.175 - Wetlands to be delineated in accordance with manual.
36.70A.177 - Agricultural lands—Innovative zoning techniques—Accessory uses.
36.70A.180 - Chapter implementation—Intent.
36.70A.190 - Technical assistance—Grants—Mediation services—Resolution of tribal disputes.
36.70A.200 - Siting of essential public facilities—Limitation on liability.
36.70A.210 - Countywide planning policies.
36.70A.211 - Siting of schools—Rural areas, when authorized—Impact fees.
36.70A.212 - Siting of schools—Periodic updates.
36.70A.215 - Review and evaluation program.
36.70A.250 - Growth management hearings board—Creation—Members.
36.70A.260 - Growth management hearings board—Regional panels.
36.70A.280 - Growth management hearings board—Matters subject to review.
36.70A.290 - Growth management hearings board—Petitions—Evidence.
36.70A.295 - Growth management hearings board—Direct judicial review.
36.70A.305 - Expedited review.
36.70A.310 - Growth management hearings board—Limitations on appeal by the state.
36.70A.320 - Presumption of validity—Burden of proof—Plans and regulations.
36.70A.3201 - Growth management hearings board—Legislative intent and finding.
36.70A.332 - Training regarding findings of noncompliance.
36.70A.335 - Order of invalidity issued before July 27, 1997.
36.70A.340 - Noncompliance and sanctions.
36.70A.350 - New fully contained communities.
36.70A.360 - Master planned resorts.
36.70A.362 - Master planned resorts—Existing resort may be included.
36.70A.365 - Major industrial developments.
36.70A.367 - Major industrial developments—Master planned locations.
36.70A.370 - Protection of private property.
36.70A.380 - Extension of designation date.
36.70A.385 - Environmental planning pilot projects.
36.70A.390 - Moratoria, interim zoning controls—Public hearing—Limitation on length—Exceptions.
36.70A.400 - Accessory apartments.
36.70A.410 - Treatment of residential structures occupied by persons with handicaps.
36.70A.420 - Transportation projects—Findings—Intent.
36.70A.430 - Transportation projects—Collaborative review process.
36.70A.460 - Watershed restoration projects—Permit processing—Fish habitat enhancement project.
36.70A.470 - Project review—Amendment suggestion procedure—Definitions.
36.70A.480 - Shorelines of the state.
36.70A.481 - Construction—Chapter 347, Laws of 1995.
36.70A.490 - Growth management planning and environmental review fund—Established.
36.70A.510 - General aviation airports.
36.70A.520 - National historic towns—Designation.
36.70A.540 - Affordable housing incentive programs—Low-income housing units—Tiny house communities.
36.70A.550 - Aquifer conservation zones.
36.70A.570 - Regulation of forest practices.
36.70A.590 - Complying with requirements relating to surface and groundwater resources.
36.70A.610 - Housing supply and affordability report.
36.70A.620 - Cities planning under RCW 36.70A.040—Minimum residential parking requirements.
36.70A.690 - On-site sewage system self-inspection.
36.70A.695 - Development regulations—Jurisdictions specified—Electric vehicle infrastructure.
36.70A.696 - Accessory dwelling units—Definitions.
36.70A.697 - Accessory dwelling units—Adoption of requirements.
36.70A.698 - Accessory dwelling units—Off-street parking—When prohibited.
36.70A.699 - Accessory dwelling units—Rights not modified.
36.70A.700 - Purpose—Intent—2011 c 360.
36.70A.715 - Funding by commission—County's duties—Watershed group established.
36.70A.720 - Watershed group's duties—Work plan—Conditional priority funding.
36.70A.725 - Technical review of work plan—Time frame for action by director.
36.70A.730 - Report by watershed group—Director consults with statewide advisory committee.
36.70A.735 - When work plan is not approved, fails, or is unfunded—County's duties—Rules.
36.70A.740 - Commission's duties—Timelines.
36.70A.745 - Statewide advisory committee—Membership.
36.70A.750 - Agricultural operators—Individual stewardship plan.
36.70A.755 - Implementing the work plan.
36.70A.760 - Agricultural operators—Withdrawal from program.
36.70A.800 - Role of growth strategies commission.
36.70A.900 - Severability—1990 1st ex.s. c 17.
36.70A.901 - Part, section headings not law—1990 1st ex.s. c 17.
36.70A.902 - Section headings not law—1991 sp.s. c 32.