WSR 17-03-065

PREPROPOSAL STATEMENT OF INQUIRY

[Filed January 10, 2017, 2:17 p.m.]

Subject of Possible Rule Making: Chapter 365-196 WAC, Procedural criteria for adopting comprehensive plans and development regulations; chapter 365-190 WAC, Minimum guidelines to classify agricultural, forest and mineral lands and critical areas; and chapter 365-191 WAC, Voluntary stewardship program approval procedures.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 36.70A.050, 36.70A.190, 36.70A.705, and 36.70A.735.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The Growth Management Act (GMA) requires local jurisdictions to designate and protect critical areas. Implementing WAC 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, and incorporate rules for the voluntary stewardship program.

This notice amends the preproposal statement of inquiry filed as WSR 16-13-134.

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 including [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.

January 10, 2017

Jaime Rossman

Rules Coordinator