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PDFWAC 365-196-630

Submitting notice of intent to adopt to the state.

(1) State notification and comment.
(a) The act requires each county or city proposing adoption of an original comprehensive plan or development regulation, or amendment, under the act, to notify the department of its intent at least 60 days prior to final adoption pursuant to RCW 36.70A.106. Counties and cities may request expedited review for amendments to the development regulations pursuant to RCW 36.70A.106 (3)(b).
(b) State agencies, including the department, may provide comments on comprehensive plans, development regulations, and related amendments during the public review process.
(2) Notice to the department may be in digital format through PlanView, a web-based portal, provided by the department. A complete submittal shall include the following:
(a) A cover letter or cover page that includes an explanation of the proposed amendment, notification that the submittal is intended to begin the 60-day review process, the planned date of adoption, and the sender's contact information; and
(b) A copy of the proposed amendment text. The drafted amendment text should be in a complete form, and it should clearly identify how the existing language will be modified. Amended text shall show strikeouts for deleted text and underlining for new text, clearly identifying the proposed changes. At the discretion of the department, strikeouts and underlined text may not be required provided the new or deleted portions of the proposed amendment are clearly identifiable.
(c) If the proposed amendment changes during the legislative process, following submittal, then a county or city may submit supplemental materials to the department without initiating a new 60-day notice period. Counties and cities must identify any materials submitted to the department if they are supplemental to an earlier proposed amendment under a 60-day review.
(3)(a) The department prefers that notices of proposed amendments, under RCW 36.70A.106, be submitted electronically through PlanView, a web-based portal. The department will provide access and instructions to a county or city for submitting notice through this process. A county or city may contact the department by email at reviewteam@commerce.wa.gov to obtain electronic contact information and procedures for electronic submittals.
(b) Copies submitted by U.S. mail should be sent to:
Department of Commerce,
Growth Management Services
Attn: Review Team
P.O. Box 42525
Olympia, WA 98504-2525
(4) Submitting adopted amendments.
(a) Each county or city planning under the act must transmit to the department, within 10 days after adoption, one complete and accurate copy of its adopted comprehensive plan or development regulation, or adopted amendment to a comprehensive plan or development regulation, pursuant to RCW 36.70A.106.
(b) The submittal of an adopted amendment must include a copy of the final signed and dated ordinance or resolution identifying the legislative action.
(c) Submittal of an adopted amendment should follow the method outlined for submission of the 60-day notice for review in subsection (3) of this section.
(5) The 60-day period for determining when an amendment to a comprehensive plan or development regulation may be adopted begins as follows:
(a) When the notice is automatically date-stamped by the department in the PlanView system, or upon receipt if the submittal is transmitted electronically; or
(b) When the material is stamped upon the date of receipt at the department's planning unit reception desk during regular business hours if the submittal is transmitted by U.S. mail.
(6) Expedited review.
(a) Counties and cities may request expedited review when submitting notice to the department of intent to adopt an amendment to development regulations under RCW 36.70A.106 (3)(b).
(b) Expedited review is intended for amendments to development regulations for which, without expedited review, the 60-day state agency review process would needlessly delay the jurisdictions adoption schedule.
(c) Counties and cities may not request expedited review for comprehensive plan amendments.
(d) Certain types of development regulations are very likely to require review by state agencies, and are therefore generally not appropriate for expedited review. Proposed changes to critical areas ordinances or regulations, concurrency ordinances, or ordinances regulating essential public facilities are examples of development regulation amendments that should not be submitted for expedited review.
(e) Department responsibilities:
(i) Requests submitted for expedited review should be identified by the department through the PlanView system within two working days of receipt of request for expedited review.
(ii) State agencies have 10 working days to determine if the proposal is of interest and requires more time for review.
(iii) If the department is notified by any state agency within 10 working days that it has an interest in more time for review, the department will not grant expedited review until all agencies have had an opportunity to comment.
(iv) If, after 10 working days, a state agency does not respond to the department, then the department may grant the request for expedited review.
(v) The department may determine that it has an interest in a proposal that requires more time for review, and it may deny a request for expedited review on that basis.
(vi) The estimated time frame for processing an expedited review request is 14 days, to coincide with the State Environmental Policy Act comment period.
(vii) The expedited review request must include the information required to determine if an item is of state interest, similar to the methods outlined for submission of amendments for 60-day review.
(f) State agency responsibilities:
(i) If a state agency intends to comment, the agency must respond to requests for expedited review within 10 working days.
(ii) State agencies should determine how to coordinate an agency response internally to maintain proper notification and information management between its headquarters office and regional offices. The department will work with state agencies if it can be of assistance in this process.
(iii) If a state agency has an interest in a proposed amendment for expedited review, and it has requested the department not grant expedited review, then the state agency requesting denial of the expedited review should contact and provide comment directly to the requesting county or city within the 60-day period specified in RCW 36.70A.106. The state agency should notify the department when it has completed review and provided comments.
(g) County and city responsibilities:
(i) Requests for expedited review should be the exception and not the rule. Expedited review is designed for use with development regulation amendments that are unlikely to require state agency review or comment.
(ii) Expedited review should not be used as a substitute for timely notification. Counties and cities should plan for the full 60-day review period when practicable.
(iii) Counties and cities must request expedited review on a case-by-case basis.
(iv) A request for expedited review should be in the form of an electronic submittal in the PlanView system, following the department's submittal requirements for 60-day review in subsection (3) of this section.
(v) The request must be accompanied with enough information, as defined by the department, in consultation with other state agencies and counties and cities, to determine whether it is of state interest.
(vi) Expedited review should not be requested if the normal 60-day period will not delay adoption.
[Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 23-08-037, § 365-196-630, filed 3/29/23, effective 4/29/23; WSR 10-03-085, § 365-196-630, filed 1/19/10, effective 2/19/10.]
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