2024 October Planners' Newsletter

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oct. 15, 2024

2024 October Planners' Newsletter

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Commerce launches new website

Commerce is sporting a fresh look after launching its new website in recent weeks. If you haven’t already, head to Commerce.wa.gov and check it out.

The site is designed to be easier to navigate and more accessible for all users. Some nifty features include built-in translation and an improved search function.

Over at Growth Management Services (GMS), you’ll see that every Growth Management page is now accessible from the sidebar navigation.

We hope you’ll take the time to familiarize yourself with the redesign and, of course, let us know if you encounter any issues. You can send feedback on GMS pages to Will Isern at will.isern@commerce.wa.gov.

Commerce awards funding to boost housing production pipeline

Commerce recently announced $3 million in grants for 16 cities and four counties across Washington to streamline local building permit review processes. The funding will help create digital permitting processes and consolidate permit reviews, reducing the time needed to process and approve residential building permits, moves that strengthen the state’s pipeline of new housing production.

These investments are part of the 2023 Legislature’s year of housing, which included middle housing and updates to the Local Project Review Act, the statewide framework for local government land use planning review and development permitting. Two new Commerce grant programs resulted from these updates: consolidated permit review and paper to digital.

Consolidated Permit Review Grants support local governments as they streamline building permit review and remove barriers to housing development. Recipients commit to issuing final decisions on residential permit applications within 45 business days or 90 calendar days. Seven communities received permit review grants.

Paper to Digital Grants supports cities and counties in transitioning from paper filing to digital systems for processing permit applications. This change makes it faster and easier to address housing shortages. Thirteen communities received Paper to Digital grants.

Read our press release to see the full list of grant awards.


Commerce invites input on climate WACs

Commerce filed a CR-101, intent for rulemaking to implement Chapter 228, Laws of 2023 (HB 1181) to create a model climate change and resiliency element for counties and cities to use when developing comprehensive plan updates. Read more on the Commerce rulemaking webpage.

For now, immediate planning guidance is available online. The rulemaking will provide a process for Commerce to review and approve greenhouse gas reduction sub-elements voluntarily submitted according to RCW 36.70A.096.

We welcome your feedback throughout the rulemaking process and encourage you to submit comments online (SmartSheet form).

You may also sign up to receive updates via email as the rulemaking process moves forward.

Questions?

Please email us at GMARulemaking@Commerce.wa.gov if you have questions or want to learn more about this rulemaking effort.


Housing Updates

Services available for resolving STEP siting disputes

Commerce now offers dispute resolution services for local governments and service providers seeking to site supportive housing and emergency housing projects.

Through June 2025, a dispute resolution consultant is available to work with parties to resolve disputes about permitting and siting emergency shelter, transitional housing, emergency housing and permanent supportive housing (STEP) projects.

Please refer to the Housing Dispute Resolution Plan for guidance, such as when services are available and how to apply. Information is also available on the Updating GMA Housing Elements webpage.

Questions? You can reach out to Laura Hodgson at HousingResolutionGMS@commerce.wa.gov.

 

MFTE Audit Program launches

Commerce is working with independent, professional auditors to create a statewide program to support cities participating in the multifamily property tax exemption (MFTE).

The program will assure that affordable housing units supported by the exemption are being offered at appropriate rents to eligible tenants, and meeting the requirements set out in the developers’ agreements with cities.

MFTE is a property tax waiver enacted by cities and counties to support local housing goals for more multifamily and/or affordable housing. Under the program, local governments can provide property tax exemptions for new construction, conversion and rehabilitation of multifamily residential projects with at least four units. Between 2007 and 2023, over 61,000 new units have been constructed using this program. Of those, over 11,000 units were rent- and income-restricted affordable housing.

The first on-site audits are starting this month. Commerce is collaborating with several jurisdictions looking to conduct their own audit programs and we are actively working to provide support and resources to local partners to ensure best practices are followed statewide.

Learn more in our MFTE Audit Program Guide.

Questions? Contact Katherine Mitchell at katherine.mitchell@commerce.wa.gov.

 

Housing for All Planning Tool now supports population projections

Commerce provides the Housing for All Planning Tool (HAPT) for local planners to calculate countywide housing need projections and several methods to allocate housing needs to individual jurisdictions.

The tool was recently updated to include an optional new feature calculating population projections for all areas of a selected county based on a Method C housing needs allocation.

Questions? Please contact Laura Hodgson. She can also provide assistance with using the HAPT, or if you need the population component for a different allocation methodology.

 

Coordinating Low-income Housing Planning (CLIHP) grants still available!

Coordinating Low-Income Housing Planning grants remain available to help jurisdictions plan for their lowest income housing needs, or coordinate land-use planning and homeless services planning.

Grants of up to $50,000 are available and can be used for a variety of eligible activities, such as coordinating policies and data and developing countywide planning that supports housing needs for those making less than 50 percent of area median income.

Counties and cities coordinating together are eligible to apply, as well as nonprofit providers of affordable housing and/or homeless housing working in partnership with a county or city as the lead applicant.

See the CLIHP grant instructions or GMS grants webpage for details.

Questions? Please contact Laura Hodgson.

Growth Management staff update

Chaz Bates headshot

Chaz Bates

Commerce is pleased to welcome (back) Chaz Bates, a planner with over 20 years’ experience in both the public and private sectors. Chaz returns to Commerce after a 20-year hiatus. His most recent position was with the City of Spokane Valley where he served as the city’s planning manager.

Chaz holds a master’s degree in urban and regional planning and is a member of the American Institute of Certified Planners. He is passionate about helping communities adapt and respond to change in effective, meaningful and local ways. He has helped develop comprehensive plans, housing action plans and development regulations in Washington and North Carolina.

Chaz lives in Spokane’s first co-housing community and enjoys sunsets, cheese popcorn, and the outdoors with his family.

Bennett Hestmark headshot

Bennett Hestmark

Bennett Hestmark (he/him) joined Commerce in August as the tribal climate resilience program manager in Growth Management Services. Bennett is a citizen of the Cheyenne River Sioux Tribe (Lakota) in South Dakota. Bennett’s background is primarily in tribal government administration with experience as a management analyst and grant writer for natural resource programs, and grant administration. He holds a bachelor’s degree from Utah State University, and is currently enrolled in the Master of Public Administration program at The Evergreen State College.

In his new role, Bennett provides program administration, technical assistance and contract management activities for the statewide Tribal Climate Resilience Program. He is passionate about providing resources to tribal nations to promote resilience, sustainability and economic growth.

Outside of Commerce

WA Attorney General issues updated memo on unconstitutional taking of private property

Attorney General seal

The Office of the Attorney General of Washington State  released an update to the memorandum “Avoiding Unconstitutional Takings of Private Property” (PDF). This advisory memo provides state agencies and local governments with a tool to assist them in the process of evaluating whether proposed regulatory or administrative actions may result in an unconstitutional taking of private property or raise substantive due process concerns.

The memo was primarily updated to reflect the Washington Supreme Court decisions in Yim v. City of Seattle, 194 Wn.2d 651 (2019) (Yim I) and Yim v. City of Seattle, 194 Wn.2d 684 (2020) (Yim II). In Yim I, “the Court made clear that there was no Washington-specific definition or test for a regulatory taking.

Instead, the Court adopted the definition set forth by the U.S. Supreme Court in Lingle v. Chevron (2005). In Lingle v. Chevron, the U.S. Supreme court recognized two categories of per se takings: a regulation that results in a physical invasion of property, and a regulation that deprives an owner of all economically beneficial uses. In adopting the federal analysis in Lingle v. Chevron, the Washington Supreme Court disavowed any other state case that purported to adopt a test for a regulatory taking under Washington law that would diverge from federal law.”

Local and state agencies are encouraged to review the new guidance to determine if the holdings in any court decisions from before Yim I and Yim II are still good law. More information about the updated guidance on unconstitutional takings is available on the Office of the Attorney General website.

 

New grant program will protect and improve riparian habitat

Dept of Ecology logo

A new grant program to protect and restore Puget Sound riparian areas will launch in early November as a partnership between the Department of Ecology, Washington State Conservation Commission, and Bonneville Environmental Foundation.

The Puget Sound Climate Resilient Riparian Systems grant program will award $17 million to projects that restore critical riparian areas along rivers and streams across the region.

Awards will range from $500,000 to $2.75 million and may be used for activities such as acquiring conservation easements, restoring riparian habitats, and implementing measures to protect these areas from development.

Riparian zones include streambanks, riverbanks, floodplains, and other areas along streams and rivers where land and water meet. Known for their moist and mild microclimates, riparian areas have fertile soils that enhance plant growth and support complex food webs critical for many Puget Sound plant and animal species, including salmon.

Read the Dept. of Ecology press release for more information.

 

Washington Geological Survey welcomes new program manager

Department of Natural Resources Logo

The Washington Geological Survey (WGS) announced Nancy Calhoun is the new Post-Wildfire Debris Flow Program Manager. Nancy started at WGS in July, after eight years at the Oregon Department of Geology and Mineral Industries where she focused on landslide hazard and risk.

At WGS, Nancy will lead the Wildfire Associated Landslide Emergency Response Team (WALERT) working to map alluvial fans before and after debris flows. Alluvial fans are great indicators of debris flow hazards. WGS is working to map these features more completely, especially in the wildland-urban interface. After wildfires, WALERT goes out to assess the debris flow hazards in these communities.

You can reach Nancy at Nancy.Calhoun@dnr.wa.gov.

Upcoming Events

Plan now to attend fall Planners' Forums

The Planners’ Forums are held quarterly across Washington and in partnership with both the Washington APA and the Planning Association of Washington. Each event features guest speakers discussing planning-related topics in association with the guidelines set down by the American Planning Association. While regionally focused, the forums are typically on Zoom and available for statewide attendance.

Eastern: Surface mining, post-wildfire debris flows and landslide hazards
Wednesday, Oct. 23, 2024 9 a.m. – 11:30 a.m.
Online Zoom webinar
Register for the Fall 2024 Eastern Planners’ Forum

Southwest: Geologic hazards planning
Thursday, Oct. 24, 2024 9 a.m. – 11:30 a.m.
Online Zoom webinar
Register for the Fall 2024 Southwest Planners’ Forum

Northwest: Homelessness and emergency shelter permitting
Monday, Nov. 4, 2024 9 a.m. – 11:45 a.m.
Burlington Public Library
820 E Washington Ave., Burlington, WA 98233
Register for the Fall 2024 Northwest Planners’ Forum

Individuals needing American Planning Association (AICP) credits will receive credits for attending based on topics covered. Visit the Commerce Planners’ Forums website for updates and materials as they develop.

 

IACC Conference - Oct. 22-24

IACC logo

Registration is open for the 2024 Infrastructure Assistance Coordinating Council (IACC) Conference set for Oct. 22-24 at the Wenatchee Convention Center.

The conference will feature sessions on infrastructure funding, rule updates, available resources, case studies and more. Drinking water and wastewater CEUs will be offered.

The conference also offers a tribal track of sessions geared toward tribal governments and projects.

Register for the IACC Conference.

Questions?  Contact conference planning co-chair Claire Miller, Claire.miller@commerce.wa.gov

 

HSIL: Sea Level Rise Forum - Oct. 25-26

National Estuary Program

The Habitat Strategic Initiative Lead (HSIL) will host a two-day, in-person forum in Lynnwood on Oct. 25-26 focused on planning for sea level rise and climate-related hazards to nearshore habitat. The forum will explore opportunities to protect and restore nearshore habitat and biodiversity in Puget Sound in the face of sea level rise and climate change-related hazards. 

This event is free but space is limited. Registration is required.
Friday & Saturday, Oct. 25-26, 2024
Lynnwood Events Center
3711 196th St SW, Lynnwood, WA 98036
Register for the Sea Level Rise Forum.
Lunch and refreshments will be provided.

Questions? Contact Matthew.Lurie@dfw.wa.gov or Rebecca.Brown@dnr.wa.gov.

 

Open Space Planning – Save the date Nov. 1!

Planning Associatiion of WA logo

The Planning Association of Washington, in partnership with the Department of Commerce, encourages you to save the date for an exciting training opportunity.

On Nov. 1, hosted at the Port Gamble S’Klallam Longhouse, PAW will host an all-day training on open space planning.

The training will feature speakers from the departments of Commerce, Fish and Wildlife, and Ecology along with representatives from local government and nonprofits. Topics will include parks, conservation and habitat connectivity.

If you have questions or want to participate, please contact Mary.Reinbold@commerce.wa.gov.

 

The Short Course on Local Planning

The Short Course on Local Planning offers an overview of land use planning laws in Washington, an introduction to comprehensive planning and plan implementation under the Growth Management Act, and a review of roles in planning and mandatory training on the Open Public Meetings Act for local government officials. All courses are online, free and open to the public.

In-person courses:

Online (Zoom) courses:

Ask about local presentations

Commerce also offers e-visits to local planning commissions or other meetings. Topics include, but are not limited to, comprehensive plan basics and roles in the planning process.

Contact your regional planner to request a presentation.