WWGMHB Decision and Impacts to the Carlsborg UGA
On April 23, 2008 the Western Washington Growth Management Hearings Board (WWGMHB) determined that the County was noncompliant with the Growth Management Act (GMA). The Hearings Board Decision found that the County was not compliant with the provisions of the GMA for providing sewer service in the Carlsborg UGA and that the Carlsborg Capital Facilities Plan for police service does not comply with GMA. (Click here for more information on the WWGMHB Decision).
The Hearings Board found the Carlsborg UGA to be non-compliant and invalid. The Hearing Board's decision does not change zoning in the UGA or remove Carlsborg's status as a UGA. However, being termed invalid restricts development in the UGA according to RCW 36.70A.302.
- Interim Controls for the Carlsborg UGA - The Board of County Commissioners established interim control measures for the Carlsborg UGA in response to WWGMHB additional findings of "invalidity". With such findings of ‘invalidity', and except as allowed under the interim controls, Clallam County is prevented from accepting most development applications in the areas affected by invalidity. State law allows for a very few exceptions: 1) for construction of single-family houses on pre-existing lots for the applicant's own use or their family's use; 2) for re-modeling or expanding pre-existing structures; and 3) boundary line adjustments that do not increase the number of buildable lots. Additionally, because of the lack of sewer and the public health and safety concerns, the remodeling or expanding pre-existing structures is possible if there is no additional septic capacity required.
- Compliance Response—The County's response on Carlsborg is two-fold: the County is appealing the Hearings Board's decision on Carlsborg and the County is working towards compliance. On July 8, 2008, the County appealed the Hearing Board's Decision in regards to the Carlsborg UGA.
On the issue of compliance, staff is recommending that the BOCC request a one year extension. The year extension will provide the County with the time needed to complete the Land Use Analysis and General Sewer/Feasibility Plan with the Funding Program and allow the County the time and information needed to decide on recommendations for proceeding with the sewer system for wastewater treatment and water reuse and to obtain public comment on the recommendations.
The County is also evaluating our current level of service (LOS) for policing at the Carlsborg UGA. We anticipate having recommendations on police LOS available for public comment by mid-summer and fall of 2009.
Where do I get more information?
For more information on the specific changes being proposed for Carlsborg, contact