Section 36.70A.085 - Comprehensive plans-Port elements(1) Comprehensive plans of cities that have a marine container port with annual operating revenues in excess of sixty million dollars within their jurisdiction must include a container port element.(2) Comprehensive plans of cities that include all or part of a port district with annual operating revenues in excess of twenty million dollars may include a marine industrial port element. Prior to adopting a marine industrial port element under this subsection (2), the commission of the applicable port district must adopt a resolution in support of the proposed element.(3) Port elements adopted under subsections (1) and (2) of this section must be developed collaboratively between the city, the applicable port, and the applicable tribe, which shall comply with RCW 36.70A.040(8), and must establish policies and programs that: (a) Define and protect the core areas of port and port-related industrial uses within the city;(b) Provide reasonably efficient access to the core area through freight corridors within the city limits; and(c) Identify and resolve key land use conflicts along the edge of the core area, and minimize and mitigate, to the extent practicable, incompatible uses along the edge of the core area.(4) Port elements adopted under subsections (1) and (2) of this section must be: (a) Completed and approved by the city according to the schedule specified in RCW 36.70A.130; and(b) Consistent with the economic development, transportation, and land use elements of the city's comprehensive plan, and consistent with the city's capital facilities plan.(5) In adopting port elements under subsections (1) and (2) of this section, cities and ports must: Ensure that there is consistency between the port elements and the port comprehensive scheme required under chapters 53.20 and 53.25 RCW; and retain sufficient planning flexibility to secure emerging economic opportunities.(6) In developing port elements under subsections (1) and (2) of this section, a city may utilize one or more of the following approaches:(a) Creation of a port overlay district that protects container port uses;(b) Use of industrial land banks;(c) Use of buffers and transition zones between incompatible uses;(d) Use of joint transportation funding agreements;(e) Use of policies to encourage the retention of valuable warehouse and storage facilities;(f) Use of limitations on the location or size, or both, of nonindustrial uses in the core area and surrounding areas; and(g) Use of other approaches by agreement between the city and the port.(7) The department of commerce must provide matching grant funds to cities meeting the requirements of subsection (1) of this section to support development of the required container port element.(8) Any planned improvements identified in port elements adopted under subsections (1) and (2) of this section must be transmitted by the city to the transportation commission for consideration of inclusion in the statewide transportation plan required under RCW 47.01.071.Amended by 2023 c 470,§ 2018, eff. 7/23/2023.Amended by 2022 c 252,§ 2, eff. 6/9/2022.Explanatory statement- 2023 c 470 : See note following RCW 10.99.030.
Findings-Intent- 2009 c 514 : "(1) The legislature finds that Washington's marine container ports operate within a complex system of marine terminal operations, truck and train transportation corridors, and industrial services that together support a critical amount of our state and national economy, including key parts of our state's manufacturing and agricultural sectors, and directly create thousands of high-wage jobs throughout our region.
(2) The legislature further finds that the container port services are increasingly challenged by the conversion of industrial properties to nonindustrial uses, leading to competing and incompatible uses that can hinder port operations, restrict efficient movement of freight, and limit the opportunity for improvements to existing port-related facilities.
(3) It is the intent of the legislature to ensure that local land use decisions are made in consideration of the long-term and widespread economic contribution of our international container ports and related industrial lands and transportation systems, and to ensure that container ports continue to function effectively alongside vibrant city waterfronts." [2009 c 514 s 1.]