Loading...
HomeMy WebLinkAboutResolution 08-086-CCGRANT COUNTY BOARD OF COMMISSIONERS RESOLUTION NO. 08�D8�P - CC ORDINANCE NO. 08-�5(p - CC AN ORDINANCE CREATING CHAPTER 1.30 OI' THE GRANT COUNTY CODE RELATING TO PRIVATE PROPERTY TAKINGS, ESTABLISHING AN ECONOMIC IMPACT ANALYSIS AND A PROCESS FOR STATE AND FEDERAL AGENCIES TO COORDINATE AND CONSULT WITH GRANT COUNTY 1N ACTIONS AFFECTING LAND AND NATURAL RESOURCE USE ON PUBLTC PROPERTY, AND OTHER MATTERS PROPERLY RELATING THERETO. RECITALS: WHEREAS, the governments of the United State of America and the State of Washington exercise control over a significant portion of the land and resources within the geographic boundaries of Grant County, State of Washington; and WHEREAS, decisions governing Federal and State lands in Grant County, State of Washington, have a direct and broadly based impact on the interrelated heritage of cultural, environmental, and economic well-being and stability of residents; and WHEREAS, the United States Congress has expressly intended to act in cooperation with county governments under 43 USC 1701 (a) while using all practicable means to create and maintain conditions on Federal lands allowing for productive harmony between man and nature while fulfilling the social, economic, environmental and cultural requirements of present and future generations of Americans; and WHEREAS, efforts of Congress seeking to coordinate Federal plans with county government, maintaining a balance between population and resources, and encouraging a high standard of living and a wide sharing of life's amenities can be enhanced by both: (1) increased cooperation between Grant County and, those federal officials involved with the administration of federal lands in Grant County; and (2) full consideration by the federal government of the needs of citizens of Grant County will be directly and indirectly impacted by agency decisions regarding the use of Federal lands; and WHEREAS, there now exists a significant, urgent need for the promotion of the involvement of Grant County in the management of Federal and State lands, and the development of criteria that are meaningful in that Federal and State decision malcing processes; and WHEREAS, the Board of County Commissioners has been contacted by residents and propei�ty owners requesting the establishment a process for State and Federal agencies to coordinate and consult with Grant County in actions affecting land and natural resource use on public property; and WHEREAS, the Board of County Commissioners has determined that it is reasonable, advisable and necessary for the public health, safety and welfare of the residents of Grant County to create the aforementioned process for Grant County. NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUI�ITY COMMISSIONERS that chaptar 1.30 Grant County Code be created to establish the following procedural protections which shall be followed to ensure that there is full and complete information and cooperation provided to Federal and State entities in their decision making processes regarding management of lands located within Grant County and, Federal and State consideration of the impact of their decision making and actions has on the preservation of the interrelated heritage of cultural, environmental and economic well-being and stability of Grant County, Washington. THE YEAR: Section 1. Sections: 1.30.010 Purpose and Intent 1.30.020 Definitions 1.30.030 County Government Requirements 1.30.040 State and Federal Government Requirements 1.30.050 Guidance 1.30.060 Public Availability of Analysis 1.30.070 Enforcement 1.30.010 Purpose and Intent. The purpose of this chapter is to establish as county law the basis and process for determining how proposed changes to resource management and land use policy, rules, regulation, and/or management affect customs, culture, economic stability, and private property rights in Grant County. Additionally, the purpose of this chapter is to establish how State and Federal agencies are to coordinate and consult with Grant County in actions affecting land and natural resource use, on public property in Grant County. This chapter is written to implement RCW 36.70A.103 of the Growth Management Act, which requires state agencies to comply with local development regulations. In addition, this chapter implements Title 43.21 H, State Economic Policy. Lastly, implements 43 USC 1701 (a), This chapter is intended to addresses federal and state agency regulation o� land and natural resource use directly and is intended to be used as a positive guide for federal and state agencies in their development and implementation of regulations affecting land and natural resources use in Grant County. 1.30.0201)efinitaons. For the purposes of this chapter the following definitions apply. A. Agency. A department, agency, independent agency, or instrumentality of the United States, Washington State or Grant County, including any military department, government corporation, government-controlled corporation, or other establishment in the executive branch of the United States, Washington State or Grant County government. B. Just compensation. Compensation equal to the full extent of a property owner's loss, including the fair market value of the private property taken and business losses arising from a talcing, whether the talcing is by physical occupation or through regulation, exaction, or other means and shall include compounded interest calculated from the date of the talcing until the date payment is tendered. C. Owner. The owner or possessor of property or rights in property at the time the talcing occurs, including when the statute, regulation, rule, order, guideline, policy, or action is passed or promulgated or the permit, license, authorization, or governmental permission is denied or suspended D. Private property (or "property"). All property protected under the Fifth Amendment to the Constitution of the United States and the Third and Sixteenth Section of the Declaration of Rights of the Washington State Constitution, any applicable federal or state law, or this chapter, and includes: 1. Real property, whether vested or unvested, including estates in fee, life estates, estates for years, or otherwise; inchoate interests in real property such as remainders and future interests; personality that is affixed to or appurtenant to real property; easements; leaseholds; recorded liens; and contracts or other security interests in, or related to, real property; 2. The right to use water or the right to receive water, including any recorded lines on such water right; 3. Rents, issues, and profits of land, including minerals, timber, fodder, crops, oil and gas, coal, or geothermal energy; 4. Property rights provided by, or memorialized in, a contract; 5. Any interest defined as property under state law; or 6. Any interest understood to be property based on custom, usage, common law, or mutually reinforcing understandings sufficiently well-grounded in law to back a claim of interest. E. Taking of private property ("talcing," or "talce"). Any action whereby private property is directly taken as to require compensation under the Fifth Amendment to the United States Constitution and the Third and Sixteenth Section of the Declaration of Rights of the Washington State Constitution or under this chapter, including by physical invasion, regulation, exaction, condition, or other means and shall not include a condemnation action filed by government in an applicable court or an action filed by government relating to criminal forfeiture. 1.30.030 County Government Requirements A. Private Property Taking Impact Analysis. 1. To the fullest extent possible, the policies, regulations, and public laws of Grant County shall be interpreted and administered in accordance with the policies under this chapter and all departments of county government shall complete a private property taking impact analysis befora issuing or promulgating any policy, regulation, proposed legislation, or related department action which is lilcely to result in a taking of private property. The provisions of this subsection shall not apply to an action in which the power of eminent domain is formally exercised or a law enforcement action, including seizure of property for forfeiture or as avidence, for a violation of law. 2. A private property taking impact analysis shall be a written statement that includes: a. The specific purpose of the policy, regulation, proposal, recommendation, or related department action; b. An assessment of the likelihood that a talcing of private property will occur under such policy, regulation, proposal, recommendation, or related department action; c. An evaluation of whether such policy, regulation; proposal, recommendation, or related department action is likely to require compensation to private property owners; d. Alternatives to the policy, regulation, proposal, recommendation, or related agency action that would achieve the intended purposes of the agency action and lessen the likelihood that a taking of private property will occur; e. An estimate of the potential liability of county government if the county is required to compensate a private property owner; and £ If the policy, regulation, proposal, recommendation, or related department action is in response to a state or federal mandate, the name of the state or federal agency responsible for the policy, regulation, proposal, recommendation, or related action shall be stated. 3. Each department shall provide an analysis as part of any submission otherwise required to be made to the board of county commissioners in conjunction with a proposed policy, regulation, proposal, recommendation, or related action. 4. No final rule shall be promulgated i� enforcement of the rule could reasonably be construed to require an uncompensated talcing of private property as defined by this chapter. B. Economic Impact Analysis. 1. All departments of county government shall complete an economic impact analysis before issuing or promulgating any policy, regulation, proposed legislation, or related department action which may economically impact the citizens of Grant County. 2. An economic impact analysis shall be a written statement that includes: a. The spacific purpose of the policy, regulation, proposal, recommendation, or related department action; b. An assessment of the economic impacts lilcely to occur as a result of such policy, regulation, proposal, recommendation, or related department action. The economic assessment shall consider impacts to individual property owners, impacts to the county's economy and impacts to the County's general fund; c. Alternatives to the policy, regulation, proposal, recommendation, or related departmental action that would achieve the intended purpose and lessen the economic impacts that are likely to occur; d. If the policy, regulation, proposal, recommendation, or related department action is in response to a state or federal mandate, the name of the state or federal agency responsible for the policy, regulation, proposal, recommendation, or related action shall be stated. 3. Each department shall provide an analysis as part of any submission otherwise required to be made to the board of county commissioners in conjunction with a proposed policy, regulation, proposal, recommendation, or related action. 1.30.040 State and Federal Government Requirements. A. Private Property Talcing Impact Analysis. 1. To the fullest extent possible, the policies, regulations, and public laws of United States and the State of Washington shall be interpreted and administered in accordance with the policies under this chapter. All state and federal agencies shall complete a private property taking impact analysis before issuing or promulgating any policy, regulation or related agency action which is lilcely to result in a talcing of private property. The provisions of this subsection shall not apply to an action in which the power of eminent domain is formally exercised or a law enforcement action, including seizure of property for forfeiture or as evidence, for a violation of law. 2. A private property talcing impact analysis shall be a written statement that includes: a. The specific purpose of the policy, regulation, proposal, recommendation, or related agency action; b. An assessment of the likelihood that a taking of private property will occur under such policy, regulation, proposal, recommendation, or related department action; c. An evaluation of whether such policy, regulation, proposal, recommendation, or related department action is lilcely to require compensation to private property owners; d. Alternatives to the policy, regulation, proposal, recommendation, or related agency action that would achieve the -intended purposes of the agency action and lessen the likelihood that a taking of private propei�ty will occur; e. An estimate of the potential liability of county government if the county is required to compensate a private property owner; and £ For state agencies, if the policy, regulation, proposal, recommendation, or related agency action is in response to a federal mandate, the name of the federal agency responsible for the policy, regulation, proposal, recommendation, or related action shall be stated. 3. Each agency shall provide an analysis as part of any proposed policy, regulation, proposal, recommendation, or related agency action and submit said analysis to the board of county commissioners in conjunction with a proposed policy, regulation, proposal, recommendation, or related action prior to adoption. 4. No final rule shall be promulgated if enforcement of the rule could reasonably be construed to require an uncompensated taking of private property as defined by this chapter. B. Economic Impact Analysis. 1. All state and federal agencies shall complete an economic impact analysis before issuing or promulgating any policy, regulation, proposed legislation, or related department action which may economically impact the citizens of Grant County. 2. A private property taking impact analysis shall be a written statement that includes: a. The specific purpose of the policy, regulation, proposal, recommendation, or related agency action; b. An assessment of the likelihood that a talcing of private property will occur under such policy, regulation, proposal, recommendation, or related department action; c. An evaluation ot' whether such policy, regulation, proposal, recommendation, or related department action is likely to require compensation to private property owners; d. Alternatives to the policy, regulation, proposal, recommendation, or related agency action that would achieve the -intended puiposes of the agency action and lessen the likelihood that a taking of private propei�ty will occur; e. An estimate of the potential liability of county government if the county is required to compensate a private property owner; and f. For state agencies, if the policy, regulation, proposal, recommendation, or related agency action is in response to a federal mandate, the name of the federal agency responsible for the policy, regulation, proposal, recommendation, or related action shall be stated. 3. Each agency shall provide an analysis as part of any proposed policy, regulation, proposal, recommendation, or related agency action and submit said analysis to the board of county commissioners in conjunction with a proposed policy, regulation, proposal, recommendation, or related action prior to adoption. 4. No final rule shall be promulgated if enforcement of the rule could reasonably be construed to require an uncompensated talcing of private property as defined by this chapter. B. Economic Impact Analysis. 1. All state and federal agencies shall complete an economic impact analysis before issuing or promulgating any policy, regulation, proposed legislation, or related department action which may economically impact the citizens of Grant County. 2. An economic impact analysis shall be a written statement that includes: a. The specific purpose of the policy, regulation, proposal, recommendation, or related agency action; b. An assessment of the economic impacts likely to occur as a result of such policy, regulation, proposal, recommendation, or related agency action. The economic assessment shall consider impacts to individual propei�ty owners, impacts to the county's economy and impacts to the County's general fund; c. Alternatives to the policy, regulation, proposal, recommendation, or related agency action that would achieve the intended purpose and lessen the economic impacts that are likely to occur; d. For state agencies, if the policy, regulation, proposal, recommendation, or related agency action is in response to a federal mandate, the name of the federal agency responsible for the policy, regulation, proposal, recommendation, or related action shall be stated. 3. State and federal agencies shall provide an analysis as part of any proposed policy, regulation, proposal, recommendation, or related agency action and submit said analysis to the board of county commissioners in conjunction with a proposed policy, regulation, proposal, recommendation, or related action prior to adoption. 1.30.050 Guidance. The prosecuting attorney's office shall provide legal guidance in a timely manner, in response to a requast by a county department, to assist the department in complying with this chapter. 1.30.060 Public availability of analysis. An agency shall malce each private property taking impact analysis and/or economic impact analysis available to the public, and, to the greatest extent practicable, transmit a copy of such analysis to the owner or any other person with a property right or interest in the affected properties. 1.30.070 Enforcement. A. The County Commissioners shall have the authority to request the prosecuting attorney to bring an action to enforce this chapter and to seek cumulative remedies, including any criminal or civil penalties allowed by law, equitable relief, and monetary compensation when the custom, culture, economic stability, the tax base, or the general welfare, health and safety of the citizens of Grant County is at issue. Actions f�led to enforce this chapter against any federal agency shall be filed in any court of competent jurisdiction. B. Nothing in this chapter shall be construed to limit any remedy that any person may have under the laws of the state of Washington or of the United States. Every person, who under color of law, statute, ordinance, regulation, custom or usage, of the United States or of the state of Washington, subjects, or causes to be subjected, any person within Grant County to the deprivation of any property rights secured by this chapter shall be liable to the person injured in an action at law, suite in equity or other proper proceedings for redress. C. Any person, including public employees, alleging a violation of the private property rights protected by this chapter may, after exhausting all non- judicial remedies, submit a written complaint to the Grant County Board of Commissioners. D. Anyone who, under the color of law, statute, ordinance, regulation, policy, custom or omission, subjects any person in Grant County to the deprivation of any propei-ty rights secured or protected by this chapter, whether willfully or from neglect, shall be in violation of this chapter. � -bG( � Section 2. This ordinance shall talce effect the � day of ��p��i�ber, 2008. A public hearing was held on the above ord'anance at 11:00 o'clock a.m., on the 30t" day of September, 2008. NOW T�-IEREFORE, BE IT HEREBY RESOLVED THAT THE GRANT COUNTY COMMISSIONERS adopt this ordinance/resolution. DATED this '� �'" day of ,(`��j� (� ,� , 2008. ATTEST: �� ���m� �.7Clerk of the Board �f' � Yea Nay � ❑ � � r. BOARD OF COUNTY COMMISSIONERS Abstain G T COUI�TTY WASHINGTON -.-____ ❑ Richard Stevens, Chair ❑ � � � LeRoy lliso , er � ❑ ❑ Cindy Ca r, Member ATTEST: � G��V�-� $axha ..—U-�qu�; Clerlc of the Board ��� PUBLISHED: 09/15/08; 09/22/08