WSR 16-13-134

PREPROPOSAL STATEMENT OF INQUIRY

[Filed June 22, 2016, 7:53 a.m.]

Subject of Possible Rule Making: Chapter 365-196 WAC, Procedural criteria for adopting comprehensive plans and development regulations and chapter 365-190 WAC, Minimum guidelines to classify agricultural, forest and mineral lands and critical areas.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 36.70A.050, 36.70A.190, and 36.70A.735.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The Growth Management Act requires local jurisdictions to designate and protect critical areas. Implementing WAC do [does] not adequately provide guidance on regulating agricultural activities where critical areas are present. This rule-making effort will review court cases and best practices in regulating existing and new agricultural activities.

The rule making will also incorporate rules for the voluntary stewardship program (VSP). The legislature created the VSP in 2011 (RCW 36.70A.705).

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Commerce will develop the proposed rules utilizing an advisory committee that will include the department of ecology, department of fish and wildlife and the Washington state conservation commission. The rule development process will also include local governments responsible for adopting critical areas ordinances and other interested parties.

Process for Developing New Rule: Commerce will coordinate rule development with state and local government stakeholders.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Scott Kuhta, Growth Management Services Unit, (509) 795-6884 or scott.kuhta@commerce.wa.gov. Interested parties may also sign-up to receive information and participate in the formulation of proposed rules by contacting WACupdate@commerce.wa.gov.

June 22, 2016

Jaime Rossman

Rules Coordinator