Section 365-196-465 - Major industrial developments(1) General authority for major industrial developments. A county required or choosing to plan under the act may establish, in consultation with cities under the county-wide planning policies outlined in RCW 36.70A.210, a process for reviewing and approving proposals to authorize siting of specific major industrial developments outside urban growth areas.(2)(a) "Major industrial development" means a master planned location for specific manufacturing, industrial, or commercial businesses that: (i) Requires a parcel of land so large that no suitable parcels are available within an urban growth area; or(ii) Is a natural resource-based industry requiring a location near agricultural land, forest land, or mineral resource land upon which it is dependent.(b) The major industrial development shall not be for the purpose of retail commercial development or multitenant office parks.(3) Establishment of a review process required. Before reviewing an application for a major industrial development, counties, in consultation with cities, must establish a process for reviewing and approving applications.(4) Criteria for approving a major industrial development. A major industrial development may be approved outside an urban growth area if criteria including, but not limited to the following, are met: (a) New infrastructure is provided for and/or applicable impact fees are paid;(b) Transit-oriented site planning and traffic demand management programs are implemented;(c) Buffers are provided between the major industrial development and adjacent nonurban areas;(d) Environmental protection including air and water quality has been addressed and provided for;(e) Development regulations are established to ensure that urban growth will not occur in adjacent nonurban areas;(f) Provision is made to mitigate adverse impacts on designated agricultural lands, forest lands, and mineral resource lands;(g) The major industrial development plan is consistent with the county's development regulations for critical areas;(h) An inventory of developable land has been conducted and the county has determined and entered findings that land suitable to site the major industrial development is unavailable within the urban growth area. Priority shall be given to applications for sites that are adjacent to or in close proximity to the urban growth area.(5) Amendment to the comprehensive plan. (a) Final approval of an application for a major industrial development is an amendment to the comprehensive plan adopted pursuant to RCW 36.70A.070, designating the major industrial development site on the land use map as an urban growth area. The major industrial development is considered urban growth. Urban services may be provided at any scale and intensity. Major industrial developments are not required to be consistent with rural character or limited to the scale and intensity of an existing rural location.(b) An application for a major industrial development may be considered at any time and is an exception to the general rule that amendments should be considered no more frequently than once per year.(6) Public participation.(a) Counties should address public participation procedures for major industrial developments when establishing the process for approval of major industrial developments. Counties should use existing public participation procedures for amending the comprehensive plan and amending the urban growth area as a starting point and modify these procedures, if necessary, to address considerations and requirements particular to major industrial developments.(b) The public participation process should identify how a project proposal meets the statutory criteria for siting a major industrial development. However, the act does not require these proposals to undergo a greater degree of public participation than any other action.(7)RCW 36.70A.070(5)(e) does not prohibit the location of a major industrial development within or adjacent to an existing limited area of more intense rural development (LAMIRD) provided it is approved consistent with RCW 36.70A.365.Wash. Admin. Code § 365-196-465
Statutory Authority: RCW 36.70A.050 and 36.70A.190. 10-03-085, § 365-196-465, filed 1/19/10, effective 2/19/10.