Growth Management Act: good intentions gone bad
Washington's Growth Management Act celebrates its 10th anniversary this year. It could be a poster child for good intentions gone awry.
Ten years ago, many lawmakers and citizens rightly observed that the unique quality of life afforded to Washingtonians because of our beautiful and diverse natural environment was being compromised. Rapid population expansion engendered many challenges. The Legislature's remedy was the Growth Management Act (GMA), which directly affects at least 95 percent of the state's population.
A decade after the passage of GMA, we see that the unintended consequences have been devastating for many, while the noble goals envisioned by the Legislature are mostly unrealized.
Lawmakers designed GMA with 13 goals, most of which can be embraced by people of all political persuasions. Among the goals were affordable housing, efficient transportation, economic opportunity throughout the state, timely permit processing and citizen involvement in land-use planning.
Through various bureaucratic perversions of legislative intent, GMA has not only failed to meet its own established goals, it has negatively affected the ability of Washington citizens to afford homes, find jobs and expand their businesses — particularly in the rural parts of our state.
Landowners, especially farmers, are losing their property rights and, in many cases, their life savings. While GMA-authorized impact fees and land-use restrictions are driving up the cost of new development, the waiting process for some development permits stretches from months into years.
Is it even necessary to discuss GMA's goal of helping improve traffic congestion?
For most of us in urban Western Washington, the recession is relatively new. But in many rural counties, economic recession is a decade-old reality. These counties have not only lost tax revenue, they are now groaning under the weight of complying with GMA's planning, implementation and litigation costs. Jefferson County, for example, is at $3 million and counting. Meanwhile the county faces budget cuts in areas such as juvenile and family court.
We got into this mess because unelected government officials breached their legal boundaries under GMA and elected officials, the governor in particular, failed to rein them in.
While the Growth Management Act established goals for local planning, it was not designed to run roughshod over decisions made by locally elected officials. Yet, that is precisely what has happened.
Rather than providing a bottom-up planning process as the law intended, GMA policies are now handed down by governor-appointed Growth Management Hearings Boards — a process that is neither representative of local citizens nor effective in implementing the Act's goals. Whenever the Legislature has passed bipartisan measures aimed at reining in these unelected boards, governors have used their veto pen: first, Gov. Mike Lowry; now, Gov. Gary Locke.
Counties are running out of money and options. From 1993 to 1998, Mason County experienced a 10-percent drop in the number of private businesses located within the county. GMA land-use restrictions significantly limit the types of businesses that can locate in rural areas, and the Western Washington Growth Management Hearings Board ruled that animal hospitals, pet shops, small engine repair and plumbing shops are unacceptable uses.
This means many Mason County residents are forced to drive to neighboring Thurston County to find jobs, increasing commuter use of roads and highways.
In Lewis County, efforts to revitalize its struggling economy and lower its high unemployment rate were thwarted by hearings board restrictions on where businesses should be allowed to locate. Recent restrictions may impact 1,400 workers, nearly three times the level of countywide job growth since 1995.
According to the Act's original intent, it was to be the responsibility of local counties and cities, through their elected officials, to meet the state's land-use goals, while preserving rural character and encouraging economic development.
As it stands now, the governor-appointed review boards thwart rather than implement the GMA's goal of public participation. Citizens have almost no voice in who is appointed to the hearings boards, let alone in the land-use decisions the boards hand down.
Ultimately, hearings board decisions reflect the opinions of board members, and possibly the special-interest groups who challenged their local plans or regulations, rather than representing the views of local citizens and their elected officials.
Developing land-use policies to handle growth is a difficult task, particularly when geography and economics make growth unwelcome in some areas while welcomed eagerly in others. The Growth Management Act meant to do a good job in this arena, but has failed miserably.
The governor holds on to every jot and tittle of GMA, as if changing one element would make our beautiful state a wasteland of concrete and cars. When confronted with rural counties pleading for relief, Gov. Locke maintains that everything would be fine if these counties would just become compliant. In fact, a spokesperson from the governor's office recently maintained that the state has given counties 10 years of help and understanding, and now "it's time to get them in line."
Speaking of getting in line, the best way to mark GMA's 10th anniversary is to make sure enforcement is in line with the Act's original goals.