Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: State of Washington's Growth Management Act "Procedural Criteria for Adopting Comprehensive Plans and Development Regulations" - Part Nine, Best Available Science.

Purpose: The purpose of the proposed rule is to correct an inaccurate reference in WAC 365-195-900(1), changing the reference from RCW 36.70A.215 to 36.70A.130. There will be no substantive effect on the rule.

Statutory Authority for Adoption: RCW 36.70A.190 (4)(b).

Statute Being Implemented: RCW 36.70A.172.

Summary: Currently, WAC 365-195-900(1) erroneously references RCW 36.70A.215 instead of RCW 36.70A.130.

Reasons Supporting Proposal: Potential confusion may exist when a WAC rule contains an inaccurate reference to a statute.

Name of Agency Personnel Responsible for Drafting: Chris Parsons, Department of Community, Trade and Economic Development, P.O. Box 48300, Olympia, WA 98504, (360) 725-3058; Implementation and Enforcement: Shane Hope, Department of Community, Trade and Economic Development, P.O. Box 48300, Olympia, WA 98504, (360) 725-3055.

Name of Proponent: , governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The purpose of the proposed rule is to correct an inaccurate reference in WAC 365-195-900(1), changing the reference from RCW 36.70A.215 to 36.70A.130. There will be no substantive effect on the rule.

Proposal Changes the Following Existing Rules: Corrects a typographical error.

No small business economic impact statement has been prepared under chapter 19.85 RCW. There is no substantive impact of the proposed rule; the only change is to correct a typographical error.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. The Department of Community, Trade and Economic Development is not named agency in this section of law.

Hearing Location: Department of Community, Trade and Economic Development, Conference Room 1, 906 Columbia Street S.W., Olympia, WA 98504, on March 15, 2001, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Chris Parsons by March 10, 2001, TDD (360) 586-4224, or (360) 586-1557.

Submit Written Comments to: Chris Parsons, Senior Planner, Department of Community, Trade and Economic Development, P.O. Box 48350, Olympia, WA 98504-8350, fax (360) 725-3058, e-mail chrisp@cted.wa.gov.

Date of Intended Adoption: March 19, 2001.

January 22, 2001

Busse Nutley

Deputy Director

OTS-4636.1

AMENDATORY SECTION(Amending WSR 00-16-064, filed 7/27/00, effective 8/27/00)

WAC 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. Every five years they must take action to review and revise their plans and regulations, if needed, to ensure they comply with the requirements of the Growth Management Act. RCW ((36.70A.215)) 36.70A.130.

(2) 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 must give "special consideration" to conservation or protection measures necessary to preserve or enhance anadromous fisheries. RCW 36.70A.172(1). 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 this periodic review and evaluation and in demonstrating they have met their statutory obligations under RCW 36.70A.172(1).

(3) 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.

(4) These rules are adopted under the authority of RCW 36.70A.190 (4)(b) which requires the department of community, trade, and economic development (department) to adopt rules to assist counties and cities to comply with the goals and requirements of the Growth Management Act.

[Statutory Authority: RCW 36.70A.190 (4)(b). 00-16-064, 365-195-900, filed 7/27/00, effective 8/27/00.]

Washington State Code Reviser's Office