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2007-2008 Ag Resource Work

What is Invalidity?

Lewis County is required to conduct land use planning under the Growth Management Act (GMA), which was passed in 1990 by the Legislature. Under the GMA, Lewis County must develop a comprehensive plan and development regulations administering countywide land use controls. Lewis County adopted its comprehensive plan in 1999 and amended it in 2002.

In 2000, the comprehensive plan was appealed by Vince Panesko, et al. The appellants stated that the comprehensive plan was not compliant with the Growth Management Act because Lewis County had not designated enough Agricultural Resource Lands (ARLs) of Long-Term Commercial Significance in its comprehensive plan and zoning maps, and that the criteria for determining ARLs were insufficient.

Under the GMA, appeals of Lewis County actions are heard before a three-member appointed body called the Western Washington Growth Management Hearings Board (WWGMHB), which reviews land use cases for all counties and cities located west of the Cascade Crest and outside Pierce, King and Snohomish counties.

In February 2004, the WWGMHB sided with the appellant and issued an Order of Invalidity, instructing the County to develop adequate criteria for designating ARLs and amend the maps to include those properties that met the criteria.

The Invalidity Order covers approximately 161,000 acres in Lewis County. It places a moratorium on all new development other than a single family residence or associated outbuilding and a boundary line adjustment. Pre-existing uses may expand, but any new uses not specifically allowed by the Invalidity Order cannot be permitted. This means that all non-exempt projects, such as subdivisions or non-residential uses, cannot be applied for until the Invalidity Order is lifted.

The issue was reviewed by a Technical Advisory Committee, made up of interested Lewis County residents, and is currently being reviewed by the Planning Commission. The Planning Commission and staff have completed a number of studies and studied the ARL issue thoroughly, with the intent to better shape the designation criteria for ARLs and formulate a recommendation to the Board of County Commissioners.

Once the Commissioners adopt an ordinance to amend the comprehensive plan and county codes, the County will take the issue before the WWGMHB in hopes that the WWGMHB will lift the Invalidity Order. Until that happens, the County cannot accept applications for uses or actions other than those allowed in the Invalidity Order.

WWGMHB: Order Finding Noncompliance & Imposing Invalidity; (February 13, 2004)

July 7th, 2008, Western WA Growth Management Hearings Board: Final Decision & Order; Compliance Order

October 29, 2007, BOCC Public Hearing on Agriculture Resource Land Designation:

The exhibits below were compiled and submitted by the Planning Commission to the Board of County Commissioners. 

2007 ARLs

Prepared by: BHC Consultants, Seattle, WA