On March 7, 2012, Governor Gregoire signed E2SSB 5292, which amends the definition of critical areas under the GMA to exclude certain irrigation and drainage structures that lie within and are maintained by a port district, or an irrigation district or company.  The amendment to the definition of critical areas in RCW 36.70A.030 has an effective date of June 7, 2012. 

The amendment is related more broadly to the mandate under the Growth Management Act (GMA), that county and city governments are required to designate and protect critical areas.  Prior to the passage of E2SSB 5292, the GMA defined critical areas to include wetlands, aquifer recharge areas, fish and wildlife habitat conservation areas, frequently flooded areas, and geologically hazardous areas. With the passage of E2SSB 5292, by definition, critical areas no longer include “such artificial features or constructs as irrigation delivery systems, irrigation infrastructure, irrigation canals, or drainage ditches that lie within the boundaries of and are maintained by a port district or an irrigation district or company.” 

When introduced in January 2011, this exclusion applied more broadly to artificial features regardless of location.  However, the bill passed by the Legislature limits the exclusion to facilities that are within and maintained by port and irrigation districts and companies. 

GMA planning jurisdictions must review their comprehensive plans and maps and development regulations to take into consideration the new definition of critical areas at least by the time of their next seven year update.  Port districts and irrigation districts and companies will want to contact their local planning offices to discuss this review to assure that the changes are accurate.