16-06-074

WSR 16-06-074

DEPARTMENT OF COMMERCE

[Filed February 26, 2016, 10:48 a.m.]

Notice of Joint Public Hearing

Department of Commerce and Ferry County

The Washington department of commerce (commerce) and Ferry County will hold a joint public hearing on the statement of issues for the determination of Growth Management Act (GMA) compliance to be made by commerce under RCW 36.70A.060. Commerce and Ferry County are seeking public comment on whether the proposed statement of issues is a complete and accurate statement of the issues on which Ferry County is out of GMA compliance and that commerce must consider in making the determination of compliance under WAC 365-199-030. The hearing will take place at the Ferry County Planning Department at 290 147 North Clark, Suite 7, Republic, WA 99166 at 6:00 p.m., March 23 2016.

This hearing is a continuation of the joint hearing held on December 16, 2016. The Washington Court of Appeals Division II issued a decision on December 15, 2015, regarding the designation of agricultural resource lands in Ferry County. As a result, the commerce extended the comment period for Ferry County's proposed statement of issues and continued the public hearing. Ferry County provided an amended statement of issues to the commerce on February 22, 2016. The amendment expands the scope of the review to include agricultural resource land designation issues necessary to address Court of Appeals No. 46305-9-II.

In accordance with WAC 365-199-030, Ferry County and commerce held a joint public hearing regarding the statement of issues on which the county is not in compliance with GMA on December 16, 2015. This was an initial step in the process for reverting to partially under GMA as authorized by RCW 36.70A.040. Jurisdictions that are eligible to revert to partially planning, but that are out of compliance with GMA, must address any outstanding issues identified by the growth management hearings board or the Washington state courts, and seek a determination of compliance from commerce.

Ferry County's proposed statement of issues on which the County is out of compliance is:

.	Failure to designate and protect bull trout and common loon, including their associated habitats, or provide a reasoned justification for a departure from the best available science (BAS).
.	Habitat and Species of Local Importance: The county must consider BAS when making decisions on species and habitats of local importance. Ferry County's critical area protections must designate and protect the associated habitats for species which require protection based on BAS and the local planning process. The county should use the priority habitats and species (PHS) list as a starting point when including BAS in the designation and protection of habitats and species of local importance consistent with WAC 365-190-130 (4)(b).
.	Court of Appeals Case No. 46305-9-II indicates that Ferry County did not designate a critical mass of commercially significant agricultural resource land. (Addition to the statement of issues proposed by Ferry County).

Applicable decisions from the growth management hearings board or Washington state courts include:

.	Growth Management Hearings Board Case No. 97-1-0018c (February 5, 2014).
.	Ferry County Superior Court No. 12200001.
.	Court of Appeals Case No. 31331-0-III.
.	Court of Appeals No. 46305-9-II.

If you would like to comment on the proposed statement of issues, please provide written comments by March 23, 2016, to Dave Andersen, Department of Commerce, 10 North Post Street, Suite 445, Spokane, WA 99201, or [e-mail].

For persons with disabilities needing reasonable accommodation, contact Dave Andersen by March 21, 2016, at [phone], TTY [phone].