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PDFWAC 365-196-405

Land use element.

(1) Requirements for counties and cities not subject to the amendments in the land use element of RCW 36.70A.070 set forth in chapter 228, Laws of 2023, based on the applicability requirements in RCW 36.70A.095(3) and WAC 365-196-443(2), Table 1. The land use element shall contain at least the following features:
(a) Designation of the proposed general distribution and general location and extent of the uses of land, where appropriate, for agricultural, timber, and mineral production, for housing, commerce, industry, recreation, open spaces, public utilities, public facilities, general aviation airports, military bases, rural uses, and other land uses.
(b) Population densities, building intensities, and estimates of future population growth.
(c) Provisions for protection of the quality and quantity of groundwater used for public water supplies.
(d) Wherever possible, consideration of urban planning approaches to promote physical activity.
(e) Where applicable, a review of drainage, flooding, and stormwater runoff in the area covered by the plan and nearby jurisdictions, and guidance for corrective actions to mitigate or cleanse those discharges that pollute waters of the state, including Puget Sound or waters entering Puget Sound.
(2) Requirements for counties and cities subject to the amendments in the land use element of RCW 36.70A.070 set forth in chapter 228, Laws of 2023, based on the applicability requirements in RCW 36.70A.095(3) and WAC 365-196-443(2), Table 1. The land use element shall contain at least the following features:
(a) Designation of the proposed general distribution and general location and extent of the uses of land, where appropriate, for agricultural, timber, and mineral production, for housing, commerce, industry, recreation, open spaces and green spaces, urban and community forests within the urban growth area, public utilities, public facilities, general aviation airports, military bases, rural uses, and other land uses.
(b) Population densities, building intensities, and estimates of future population growth.
(c) Provisions for protection of the quality and quantity of groundwater used for public water supplies.
(d) Special consideration to achieving environmental justice in its goals and policies, including efforts to avoid creating or worsening environmental health disparities.
(e) Wherever possible, consideration of urban planning approaches to promote physical activity and reduce per capita vehicle miles traveled within the jurisdiction, but without increasing greenhouse gas emissions elsewhere in the state.
(f) Where applicable, a review of drainage, flooding, and stormwater runoff in the area covered by the plan and nearby jurisdictions, and guidance for corrective actions to mitigate or cleanse those discharges that pollute waters of the state, including Puget Sound or waters entering Puget Sound.
(g) The land use element must reduce and mitigate the risk to lives and property posed by wildfires by using building codes, land use planning tools, and community agreements, which may include, but are not limited to, zoning regulations or development standards, or adoption of portions or all of the International Wildland-Urban Interface Code developed by the International Code Council or developing building and maintenance standards consistent with the Firewise USA program or similar program designed to reduce wildfire risk, reducing wildfire risks to residential development in high risk areas and the wildland urban interface area, separating human development from wildfire prone landscapes, and protecting existing residential development and infrastructure through community wildfire preparedness and fire adaptation measures.
(h) Counties and cities should integrate the requirements of the Wildland-Urban Interface Code consistent with RCW 36.70A.060 and chapter 90.58 RCW to provide for no net loss of ecosystem functions within critical areas, shorelands, and associated areas.
(3) Recommendations for meeting requirements. The land use assumptions in the land use element form the basis for all growth-related planning functions in the comprehensive plan, including transportation, housing, capital facilities, and, for counties, the rural element. Preparing the land use element is an iterative process. Linking all plan elements to the land use assumptions in the land use element helps meet the act's requirement for internal consistency. The following steps are recommended in preparing the land use element:
(a) Counties and cities should integrate relevant countywide planning policies and, where applicable, multicounty planning policies, into the local planning process, and ensure local goals and policies are consistent.
(b) Counties and cities should identify the existing general distribution and location of various land uses, the approximate acreage, and general range of density or intensity of existing uses.
(c) Counties and cities should estimate the extent to which existing buildings and housing, together with development or redevelopment of vacant, partially used and underutilized land, can support anticipated growth over the planning period. Redevelopment of fully built properties may also be considered.
(i) Estimation of development or redevelopment capacity may include:
(A) Identification of individual properties or areas likely to convert because of market pressure or because they are built below allowed densities; or
(B) Use of an estimated percentage of area-wide growth during the planning period anticipated to occur through redevelopment, based on likely future trends for the local area or comparable jurisdictions; or
(C) Some combination of (c)(i)(A) and (B) of this subsection.
(ii) Estimates of development or redevelopment capacity should be included in a land capacity analysis as part of a countywide process described in WAC 365-196-305 and 365-196-310 or, as applicable, WAC 365-196-315.
(d) Counties and cities should identify special characteristics and uses of the land which may influence land use or regulation. These may include:
(i) The location of agriculture, forest and mineral resource lands of long-term commercial significance.
(ii) The general location of any known critical areas that limit suitability of land for development.
(iii) Influences or threats to the quality and quantity of groundwater used for public water supplies. These may be identified from information sources such as the following:
(A) Designated critical aquifer recharge areas that identify areas where potentially hazardous material use should be limited, or for direction on where managing development practices that influence the aquifer would be important;
(B) Watershed plans approved under chapter 90.82 RCW; groundwater management plans approved under RCW 90.44.400; coordinated water system plans adopted under chapter 70A.100 RCW; and watershed plans adopted under chapter 90.54 RCW as outlined in RCW 90.03.386.
(C) Instream flow rules prepared by the department of ecology and limitations and recommendations therein that may inform land use decisions.
(iv) Areas adjacent to general aviation airports where incompatible uses should be discouraged, as required by RCW 36.70A.510 and 36.70.547, with guidance in WAC 365-196-455.
(v) Areas adjacent to military bases where incompatible uses should be discouraged, as required by RCW 36.70A.530 with guidance in WAC 365-196-475.
(vi) Existing or potential open space corridors within and between urban growth areas as required by RCW 36.70A.160 for recreation, wildlife habitat, trails, and connection of critical areas as defined in RCW 36.70A.030. Counties and cities may consult WAC 365-196-335 for additional information.
(vii) Where applicable, sites that are particularly well suited for industry. Counties and cities should consult WAC 365-196-310 (3)(c)(iv) for information on industrial land uses. For counties, the process described in WAC 365-196-465 and 365-196-470 may be relevant for industrial areas outside of an urban growth area.
(viii) Other features that may be relevant to this information gathering process may include view corridors, brownfield sites, national scenic areas, historic districts, or other opportunity sites, or other special characteristics which may be useful to inform future land use decisions.
(e) Counties and cities must review drainage, flooding, and stormwater runoff in the area or nearby jurisdictions and provide guidance for corrective actions to mitigate or cleanse those discharges that pollute waters of the state, including Puget Sound or waters entering Puget Sound. Water quality information may be integrated from the following sources:
(i) Planning and regulatory requirements of municipal stormwater general permits issued by the department of ecology that apply to the county or city.
(ii) Local waters listed under Washington state's water quality assessment and any water quality concerns associated with those waters.
(iii) Interjurisdictional plans, such as total maximum daily loads.
(f) Counties and cities must obtain 20-year population and housing needs allocations for their planning area as part of a countywide process described in WAC 365-196-305(4) and 365-196-310. Using information from the housing needs analysis and housing needs allocation, identify the amount of land suitable for development at a variety of densities consistent with the number and type of residential units likely to be needed over the planning period. Densities and type of residential units needed should take into account what housing types can serve housing needs at different potential economic segments as described in WAC 365-196-410(2). At a minimum, cities must plan for the population and housing needs allocated to them, but may plan for additional growth within incorporated areas.
(g) Counties and cities should estimate the level of commercial space, and industrial land needed using information from the economic development element, if available, or from other relevant economic development plans.
(h) Counties and cities should identify the general location and estimated quantity of land needed for public purposes such as utility corridors, landfills or solid waste transfer stations, sewage treatment facilities, stormwater management facilities, recreation, schools, and other public uses. Counties and cities should consider corridors needed for transportation including automobile, rail, and trail use in and between planning areas, consistent with the transportation element and coordinate with adjacent jurisdictions for connectivity.
(i) Counties and cities should select land use designations and implement zoning. Select appropriate commercial, industrial, and residential densities and their distribution based on the total analysis of land features, population and housing needs allocation to be supported, implementation of regional planning strategies, and needed capital facilities.
(i) It is strongly recommended that a table be included showing the acreage in each land use designation, the acreage in each implementing zone, the approximate densities that are assumed, and how this provides capacity for the 20-year allocations of housing need.
(ii) Counties and cities should prepare a future land use map including land use designations, municipal and urban growth area boundaries, and any other relevant features consistent with other elements of the comprehensive plan.
(j) Wherever possible, counties and cities should consider urban planning approaches that promote physical activity and reduce per capita vehicle miles traveled within the jurisdiction, but without increasing greenhouse gas emissions elsewhere in the state. Urban planning approaches that promote physical activity and reduce per capita vehicle miles traveled may include:
(i) Higher intensity residential or mixed-use land use designations to support walkable and diverse urban, town and neighborhood centers. Policies supporting higher intensity development may include, but are not limited to, encouraging compact and infill development, setting minimum housing density, increasing housing diversity and supply, and inclusionary zoning.
(ii) Transit-oriented districts around public transportation transfer facilities, rail stations, or higher intensity development along a corridor served by high quality transit service. Such districts should limit parking to encourage transit use.
(iii) Policies for siting or colocating public facilities such as schools, parks, libraries, community centers and athletic centers to place them within walking or cycling distance of their users.
(iv) Policies supporting linear parks and shared-use paths, interconnected street networks or other urban forms that support bicycle and pedestrian transportation and improve safety and accessibility.
(v) Policies supporting multimodal approaches, such as including complete streets principles in transportation planning and design, and other policies that promote reduction in per capita vehicle miles traveled to be consistent with other elements of the plan.
(vi) Traditional or main street commercial corridors with street front buildings and limited parking and driveway interruption.
(vii) Opportunities for promoting physical activity and reducing per capita vehicle miles traveled should be sought in existing as well as newly developing areas. Regulatory or policy barriers to promoting physical activity and reducing per capita vehicle miles traveled for new or existing development should also be removed or lessened where feasible.
(k) Counties and cities may prepare an implementation strategy describing the steps needed to accomplish the vision and the densities and distributions identified in the land use element. Where greater intensity of development is proposed, the strategy may include a design scheme to encourage new development that is compatible with existing or desired community character.
(l) Counties and cities may prepare a schedule for the phasing of the planned development contemplated consistent with the availability of capital facilities as provided in the capital facilities element. WAC 365-196-330 provides additional information regarding development phasing.
(m) Counties and cities should reassess the land use element in light of:
(i) The projected capacity for financing the needed capital facilities over the planning period; and
(ii) An assessment of whether the planned densities and distribution of growth can be achieved within the capacity of available land and water resources and without environmental degradation.
(n) Counties and cities should evaluate environmental health risk factors in communities to consider environmental justice in their land use goals and policies. Resources may be available through the department and other public or private entities.
[Statutory Authority: RCW 36.70A.190 (4)(b), 36.70A.096, and 36.70A.190(8). WSR 26-01-181, s 365-196-405, filed 12/23/25, effective 1/23/26. Statutory Authority: RCW 36.70A.050 and 36.70A.190. WSR 25-17-058, s 365-196-405, filed 8/15/25, effective 9/15/25; WSR 23-08-037, § 365-196-405, filed 3/29/23, effective 4/29/23; WSR 10-22-103, § 365-196-405, filed 11/2/10, effective 12/3/10; WSR 10-03-085, § 365-196-405, filed 1/19/10, effective 2/19/10.]