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Rural Land Use Regulation/Development

This page provides information on rural land use and development for local governments in Washington State, particularly those areas that are not designated for long-term resource uses such as agricultural and timber production or mineral extraction.

Overview

Webster's New World Dictionary defines "rural" as "of or relating to the country, country people or life, or agriculture, which may represent a common understanding of the term "rural."

However, Washington's Growth Management Act (GMA) creates a separate category for rural areas, which are outside of designated urban areas and which are not in long-term resource use. By creating a separate category, the GMA focuses attention on how these non-resource lands, may be developed, and on their relationship to resource lands.

The GMA distinctly defines the concepts of "rural," “rural character," "rural development," and "rural governmental services." It also provides further detail about what should be included in rural elements of a comprehensive plan, including guidelines for limited areas of more intensive rural development, and other land use options for rural economic development.

Some local governments are tailoring regulatory and/or non-regulatory tools to address rural and resource areas, where urban solutions typically have not worked. At times, inflexible regulations have made resource operations more difficult, despite goals for protecting farmlands, resource areas, and open space. Urban, suburban, or rural settings will likely require different types of approaches to be effective and gain acceptance. Greater flexibility regarding uses and performance standards, and strategic incentives, may better meet the needs of rural areas and resource-related operations.

General Background Resources

Below are some resources focused on rural communities and their economic and community development opportunities and challenges:

Limited Areas of More Intensive Rural Development (LAMIRD)

RCW 36.70A.070(5)(d) of the Growth Management Act (GMA) was amended in 1997 and 2005 to provide further direction for the rural element of a comprehensive plan, including guidelines for limited areas of more intensive development (LAMIRD). These guidelines provide flexibility for varied economic uses in rural areas, while maintaining rural character and scale.

Most Washington counties have examples of existing areas of more intensive development such as unincorporated hamlets, villages, crossroads, shoreline development or other areas built or vested prior to the adoption of GMA comprehensive plans. Certainly, every county has some some isolated cottage industries or small-scale businesses that do not specifically serve resource uses and that predate current plans.

These developments may or may not be served by sewer, water, fire, and other public services. The uncontrolled expansion of such areas of intensive, non-rural uses tends to promote sprawl and threaten the rural character that GMA seeks to protect. Counties found these existing developments difficult to reconcile with newly adopted goals and requirements for rural areas. At the same time, many of the resource industries that have traditionally provided jobs and income to rural residents have cut back operations or even disappeared. Many rural residents expressed a need for more employment opportunities and convenient services in rural areas.

The 1997 amendments recognized the opportunity that existing developed areas might offer to provide additional jobs, services and a varied housing choices for rural residents while limiting impacts. The amendments allowed limited areas of more intensive rural development (LAMIRDs) as exceptions to the rural plan element requirements, while retaining protections for rural character and the operation of resource uses. Most significantly, the amendments required that counties establish logical outer boundaries, based on the boundaries of existing development, to contain more intense development.

In 2022, RCW 36.70A.070 was amended to allow more options for development and redevelopment inside the boundary of a LAMIRD. Under the 2022 law, any development or redevelopment of building size, scale, use, or intensity may be permitted within a LAMIRD subject to confirmation from all existing providers of public facilities and public services to ensure sufficient capacity of existing public facilities and public services to serve any new or additional demand from the new development or redevelopment. Development and redevelopment may include changes in use from vacant land or a previously existing use as long as the new use is consistent with the local character.

RCW 36.70A.070(5)(d)(i-iii) describes three different types of LAMIRDs:

  • Existing commercial, industrial, residential, or mixed-use areas
  • Small scale recreation and tourist use areas
  • Intensification of development on lots containing nonresidential uses

Existing Commercial, Industrial, Residential, or Mixed-Use Areas

The first type is rural development consisting of the “infill, development, or redevelopment of existing commercial, industrial, residential or mixed use areas,” as provided in RCW 36.70A.070(5)(d)(i). This type of LAMIRD may range in character from shoreline development to villages, hamlets, rural activity centers, or crossroad developments, provided the development or redevelopment occurs within the logical outer boundaries of the LAMIRD, as defined by the local jurisdiction.

Any commercial development or redevelopment within a mixed-use area must be principally designed to serve the existing and projected rural population and any retail or food service space must not exceed the footprint of previously occupied space or 5,000 square feet (whichever is greater) for the same or similar use, or any included retail or food service space must not exceed 2,500 square feet for a new use.

Examples of Codes and Comprehensive Plans

Small Scale Recreation and Tourist Use LAMIRDs

Many of Washington's rural areas offer magnificent scenic settings and natural amenities with potential to attract tourists and recreational enthusiasts. Small-scale recreational or tourist uses (SSRTs) provide the opportunity for additional sources of rural jobs and income. When carefully planned and sited, some of these recreation-related uses can be developed without jeopardizing neighboring resource uses or sacrificing rural character.

Small-scale recreational or tourist uses rely on a rural location and setting. They generally involve a more limited investment and a smaller scale of development than master planned resorts. SSRTs occupy an individual parcel and focus on offering one or several activities rather than broad range of activities or services. They may be a "Ma & Pa" type operation, but they still must provide access to a high-quality recreational opportunity to be successful. They can include commercial but not permanent residential uses. Washington has numerous examples of small-scale uses such as bed and breakfast lodging, campgrounds, fishing or river rafting guide services, and equipment rental (such as boats, cross-country skis or sail boards) in areas bordering park, forest, or recreational areas. SSRTs are different from master planned resorts, which are larger scale developments that are more fully discussed in a following section. See RCW 36.70A.070(5)(d)(ii).

Examples of Codes

Intensification of Development on Lots Containing Nonresidential Uses

Below are examples of local code and comprehensive plan sections regulating the intensification of development on lots containing isolated nonresidential uses, or new development of isolated cottage industries and isolated small-scale businesses as allowed under RCW 36.70A.070(5)(d)(iii).

Examples of Codes and Comprehensive Plans

Rural Area Major Industrial Developments and Industrial Land Banks

Major Industrial Developments Outside of Urban Growth Areas

Counties may establish a process for approval of a major industrial development outside of the UGA for a specific business. A "major industrial development" is defined as a "master planned location for a specific manufacturing, industrial, or commercial business" (RCW 36.70A.365). The process for approval must be established in consultation with cities. Major industrial developments must require a parcel of land so large that no suitable parcels are available within the UGA or must be a natural resource-based industry that requires a location near the resource lands on which it is dependent. Upon approval, the development will be designated as a UGA. A major industrial development must meet the statutory criteria specified in RCW 36.70A.365.

Industrial Land Banks for Counties that Meet Certain Conditions

In addition to major industrial developments, the GMA allows certain counties to designate industrial land banks outside of UGAs (RCW 36.70A.367). In 1996, the Legislature authorized Clark County to designate a bank of no more than two master planned locations for major industrial activity outside UGAs. This authority was later extended to Whatcom County in 1997, to Lewis, Grant, and Clallam counties in 1998, to Benton, Columbia, Mason, Jefferson, Franklin, Garfield, and Walla Walla counties in 2002, and to Jefferson and Clallam counties in 2003 (Clallam, Jefferson, and Mason counties no longer met the eligibility criteria established in 1998, until the criteria was revised in 2003 to make Clallam and Jefferson counties eligible). Note that a county's eligibility based statute criteria may vary over time, especially if population size or unemployment rates change, making a county ineligible under the criteria specified in RCW 36.70A.367(5).

Counties must designate locations suited to major industrial development in an adopted county comprehensive plan, and then adopt development regulations for the approval of specific major industrial developments through a master plan process. The development regulations must ensure that the criteria specified in RCW 36.70A.367(3) are met.

Per WAC 365-196-470(2)(g), county authority to designate land banks expired in 2014. In addition, RCW 36.70A.368, enacted in 2007, allows counties meeting certain criteria to designate an industrial land bank on reclaimed surface coal mine sites.

Examples of Projects

Examples of Codes

Examples of Industrial Land Bank Studies

Below are examples of industrial land bank studies from a 1999 Community Trade and Economic Development (CTED/Dept of Commerce) publication, Keeping the Rural Vision: Protecting Rural Character and Planning for Rural Development:

Master Planned Resorts / Fully Planned Communities

Per RCW 36.70A.360(1), master planned resorts (MPRs) are:

self-contained and fully integrated planned unit development(s), in a setting of significant natural amenities, with primary focus on destination resort facilities consisting of short-term visitor accommodations associated with a range of developed on-site indoor or outdoor recreation facilities.

In other words, MPRs are more than just overnight lodging for visitors or a single recreation use. They are carefully planned and integrated developments, centered on special recreational opportunities and natural settings. They provide a package of facilities, services and amenities that largely meet the daily needs of visitors. Visitors are drawn for extended stays because of the high quality and varied recreational opportunity and the area's natural splendor. In several other states, they are called destination resorts to emphasize their special attractions and ability to draw visitors from distant places.

Careful planning and siting of resort facilities coupled with design excellence are essential ingredients to the success of an MPR. Successful resorts must balance development of an attractive package of amenities with preservation of the features and natural settings that are a major key to attracting visitors. In addition, RCW 36.70A.362 may be applied to existing resorts.

Examples of Master Planned Resorts (MPRs)

Other Strategies to Expand Rural Economic Uses

As noted above, the number of jobs and associated income in the natural resource industries that traditionally anchor rural economies has declined in recent years. This decline, in turn has precipitated a decline in the rural commercial service centers that support farm, forest, and mineral extraction operations. As a result, many rural residents that wish to stay in their communities are seeking other ways of making a living.

As described above, amendments to the Growth Management Act have opened new opportunities for small-scale commercial, industrial and recreation-oriented uses within LAMIRDs, and for master planned developments, major industrial development, and industrial land banks outside of urban growth areas. The challenge for Washington counties will be to facilitate new economic uses that are viable in low-density, more remote rural locations that lack an urban level of services and facilities. At the same time, any such new development should be scaled, designed and sited in a manner compatible with resource and critical areas protection goals and with rural character.

Examples of Programs and Reports

The following reports analyze the changing economic conditions, needs, and opportunities in rural areas:

Resources for Planning Tailored to Rural Areas

Below are some helpful publications on planning for rural areas:

Rural Subdivision Regulation

A subdivision is the division of land into five or more lots, parcels, sites, or divisions for sale, lease or ownership. This section specifically highlights subdivisions in rural counties. For more information on subdivisions in all areas, see our page on Subdivisions.

Examples of Subdivision Codes in Rural Counties

Examples of Rural Subdivision Flexibility Codes

Rural Cluster Subdivision

Rural cluster subdivisions are used to preserve areas of land which are suitable for agriculture, forestry, and open space by giving incentives to cluster lots on the most buildable and least environmentally sensitive portions of sites. This allows for there to be undivided and substantial parcels of land suitable for agricultural productivity by “clustering” lots on the most buildable portions of land. There are often incentives to create these cluster subdivisions, but municipalities have several criteria in order to qualify for such incentives.

Per Crowder et al. v. Spokane County, GMHB Case 10-1-0008, Final Decision and Order, at 8 (2010):

[I]f a county chooses to allow rural cluster development, the county must do so in a manner that is consistent with rural character and provides appropriate rural densities that are not characterized by urban growth. The rural cluster can create smaller individual lots than would normally be allowed in a Rural Area, but only so long as there is a significant area of compensating open space that is “permanently” protected or protected "in perpetuity."

Examples of Codes

Examples of Rural Zoning Codes

  • Clark County Code Ch. 40.210 – This section establishes uses and development standards for four different resource and rural districts:
  • San Juan County Code Sec. 18.30.040 – Land use table for rural, resource, and special use designations, and covers five different rural designations.
  • Spokane County Zoning Code (See Ch. 14.618) – Provides an overview, detailed uses, and development standards for five different rural zones. This includes a matrix as well as a detailed explanation of each of the uses.
  • Yakima County:
    • Code Sec. 19.11.030 – Legislative intent and development standards for rural districts
    • Code Sec. 19.11.040 – Legislative intent and development standards for rural settlement and highway/tourist commercial districts

Rural Zoning Flexibility

Some municipalities have flexible zoning regulations for agricultural/rural areas in order to accommodate for the unique functionality and operations that are seen. Most commonly, county codes may include specific definitions or provisions for accessory agricultural housing units, “ag-to-ag” transfers, and family farm support subdivisions.

Examples of Codes

  • Douglas County:
    • Code Sec. 18.16.220 – Agricultural Support. Flexibility for accessory agricultural employee housing, transfer of land for agricultural use, and family support divisions.
    • Code Ch. 14.98 – Definitions. See "accessory agricultural housing," "agriculture to agriculture transfers," and "family farm support divisions"
  • Skagit County Code Sec. 14.16.300 – Rural Intermediate. Includes long list of permitted uses, administrative special uses, and hearing examiner special uses.

Rural Land Stewardship Programs

Some communities are providing the option to develop a rural stewardship plan, tailored to a specific property, as an alternative to strict adherence to development regulations. Modification of buffers, a streamlined permit process and/or other departures from standards may be permitted on properties that provide a plan of alternative actions that will protect environmental resources and avoid environmental harm.

Examples

Statutes, Administrative Rules, and Court Decisions

In addition to statutes and case law cited below, a number of growth management hearings board (GMHB) decisions address relevant rural issues, and provide helpful guidance. The GMHB Digests containing keyword indexes are helpful in finding cases of interest. For instance, various digests provide a brief description of findings under topic headings such as "rural centers," rural character", rural densities," "limited areas of more intensive rural development," "major industrial development," and "master planned resorts." Note that decisions prior to June 30, 2010 are separated into separate digests for the Eastern Board, Western Board, and the Central Puget Sound Board. After that time, the boards were combined and decisions from all parts of the state are now included in the same volumes.

Statutes

  • RCW 36.70A.011 – Findings - Rural Lands
  • RCW 36.70A.070(5) – Rural (Plan) Element
  • RCW 36.70A.030(14) – Definition - Rural Character
  • RCW 36.70A.030(15) – Definition - Rural Development
  • RCW 36.70A.030(16) – Definition - Rural Governmental Services
  • RCW 36.70A.110(4) – Cities are to provide urban governmental services
  • RCW 36.70A.350 – New Fully-Contained Communities
  • RCW 36.70A.360 – Master-Planned Resorts
  • RCW 36.70A.365 – Major Industrial Developments Outside Urban Growth Areas
  • RCW 36.70A.367 – Industrial Land Banks, Counties Meeting Certain Criteria
  • RCW 82.14.370 – Sales and Use Tax for Public Facilities in Rural Counties
  • Ch. 82.60 RCW – Tax Deferrals for Investment Projects in Rural Counties
  • Ch. 82.62 RCW – Tax Credits for Eligible Business Projects in Rural Counties
  • RCW 43.168.110 – Rural Washington Loan Fund
  • RCW 43.168.120 – Guidelines for use of funds for existing economic development revolving loan funds -- Grants to local governments to assist existing economic development revolving loan funds

Administrative Regulations

  • WAC 365-196-425 – Provides rural element requirements
  • WAC 365-196-210 – Offers definitions, including "rural lands" and "fully-contained communities"

Selected Court Decisions

  • Kittitas County v. Eastern Washington Growth Management Hearings Board (2011) – The court reaffirmed that questions of appropriate rural densities are fact specific to local communities and that boards may not rely on bright line rules regarding density. However, a county must develop a written record explaining its consideration of local circumstances in planning its rural element. While deference to local government determinations regarding what measures will best protect rural character, plans must actually include such measures. The court found that there was substantial evidence in the record that nothing in the plan directly and prospectively ensures a variety of rural densities.
  • Thurston County v. Western Washington Growth Management Hearings Board (2008) – Growth management hearings boards do not have the authority to set "bright line" standards in relation to rural and urban residential densities. The GMA gives local authorities general guidelines for setting rural densities. RCW 36.70A.070 (5) states that "Because circumstances vary from county to county, in establishing patterns of rural densities and uses, a county may consider local circumstances but shall develop a written record explaining how the rural element harmonizes the planning goals in RCW 36.70A.020 and meets the requirements of this chapter."
  • Thurston County v. Cooper Point Association (2002) – The extension of a sewer line from an urban treatment plant to a rural area constitutes urban growth subject to statutory restrictions imposed by the Growth Management Act. The extension violates the provisions of RCW 36.70A.110(4) because the county cannot show that the proposed extension is necessary to protect basic public health, safety and environment.

Recommended Resources


Last Modified: July 25, 2024