Overview of the Growth Management Act GMA

1
Overview of theGrowth Management Act (GMA)
Critical Areas Ordinances (CAOs)

• www.1000friends.org

2
What does the GMA Require Cities and Counties to
Do?

• Designate and protect critical areas (All
  Counties Cities)
• Designate resource lands (All Counties Cities)
  and protect them (Counties Cities fully
  planning under the GMA)
• Adopt comprehensive plans (Counties Cities
  fully planning under the GMA)
• Adopt development regulations (Counties Cities
  fully planning under the GMA)
• Periodically update comprehensive plans and
  development regulations (Counties Cities fully
  planning under the GMA)

3
Periodic Update Deadlines
4
GMA Planning Process
5
What Are Critical Areas?

• Wetlands
• Areas with a critical recharging effect on
  aquifers used for potable water
• Fish and wildlife habitat conservation areas
• Frequently flooded areas
• Geologically hazardous areas. RCW 36.70A.030(5)

6
What Are Fish Wildlife Habitat Conservation
Areas? WAC 365-190-080 (5)(a)

• Areas with which endangered, threatened, and
  sensitive species have a primary association
• Habitats and species of local importance
• Commercial and recreational shellfish areas
• Kelp and eelgrass beds herring and smelt
  spawning areas
• Naturally occurring ponds under twenty acres and
  their submerged aquatic beds that provide fish or
  wildlife habitat
• Waters of the state
• Lakes, ponds, streams, and rivers planted with
  game fish by a governmental or tribal entity
• State natural area preserves and natural resource
  conservation areas

7
GMA Goals

• Environment Protection Goal. Protect the
  environment and enhance the state's high quality
  of life, including air and water quality, and the
  availability of water. RCW 36.70A.020 (10)
• Must balance goals and requirements
• Some goals, such as the environmental protection
  goal, are more directive than others

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GMA Critical Areas Requirements

• Designate critical areas. RCW 36.70A.170
• Adopt development regulations that protect
  critical areas. RCW 36.70A.060(2)
• Identify open space corridors within and between
  urban growth areas (UGAs) including
• wildlife habitats and
• to connect critical areas. RCW 36.70A.160

9
GMA Critical Areas Requirements (Continued)

• Include best available science in designating and
  protecting critical areas. RCW 36.70A.172(1)
• Give special consideration to conservation or
  protection measures necessary to preserve or
  enhance anadromous fisheries. RCW 36.70A.172(1)
• Use GMA definition of wetland. RCW 36.70A.030(20)
• Use State Wetlands Delineation Manual to
  identify wetlands. RCW 36.70A.175

10
Growth Board Elaboration

• The requirement to protect critical areas,
  particularly wetlands and fish and wildlife
  habitats, means that the values and functions of
  such ecosystems must be maintained
• In no case can CAOs result in a net loss of the
  value and functions of such ecosystems within a
  watershed
• Tulalip Tribes v. Snohomish County, CPSGMHB Case
  No. 96-3-0029, FDO, p. 11 (January 8, 1997).

11
Key Process Requirements

• Encourage citizen participation RCW 36.70A.020
  (11)
• Prepare and disseminate a public participation
  program that provides for early and continuous
  public involvement. RCW 36.70A.140
• Review and evaluate CAOs. RCW 36.70A.130(1)(a)
• Include best available science in the record. RCW
  36.70A.172(1)

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How to Find Out More About What the GMA Means

• Growth Management Act Goal and Requirements
• CTED Regulations Guidance
• Growth Board Digests
• Growth Board Decisions

13
Jurisdiction for Appeals
(Appeals to Superior Court)

14
Four Steps to a Successful Appeal

• You need to participate in the City or Countys
  adoption of the CAO Update
• The data that shows the CAO does not comply with
  the GMA must be on the record
• You need to file the appeal within 60 calendar
  days of the notice of adoption
• You need to show in the briefing and oral
  argument how the CAO does not comply with the GMA

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Web Links

• Growth Board digests and decisions
  http//www.gmhb.wa.gov/
• Source for Growth Management Act and state
  regulations http//slc.leg.wa.gov/
• State Wetlands Delineation Manual
  http//www.ecy.wa.gov/biblio/9694.html