Build Up, Not Out
What does the swap law say?
BAR Holdings violates at least 5 swap law requirements.
2024 Swap Law
The UGA swap law (SSB 5834) is codified in RCW 36.70A.110(8). BAR Holdings would violate the highlighted provisions:
(8) If, during the county's annual review under RCW 36.70A.130(2)(a), the county determines revision of the urban growth area is not required to accommodate the population projection for the county made by the office of financial management for the succeeding 20-year period, but does determine that patterns of development have created pressure for development in areas exceeding the amount of available developable lands within the urban growth area, then the county may revise the urban growth area or areas based on identified patterns of development and likely future development pressure if the following requirements are met:
(a) The revised urban growth area would not result in a net increase in the total acreage or development capacity of the urban growth area or areas;
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(d) Less than 15 percent of the areas added to the urban growth area are critical areas other than critical aquifer recharge areas. Critical aquifer recharge areas must have been previously designated by the county and be maintained per county development regulations within the expanded urban growth area and the revised urban growth area must not result in a net increase in critical aquifer recharge areas within the urban growth area;
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(f) The transportation element and capital facility plan element of the county's comprehensive plan have identified the transportation facilities and public facilities and services needed to serve the urban growth area and the funding to provide the transportation facilities and public facilities and services;
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(h) The revised urban growth area is contiguous, does not include holes or gaps, and will not increase pressures to urbanize rural or natural resource lands…
How does BAR Holdings violate the swap law?
The UGA is not bursting at the seams
The law requires the UGA at 93rd and Old Highway 99 to be bursting at the seams before a swap can be done: the law is triggered only if there is "pressure for development in areas exceeding the amount of available developable lands." This area of the Tumwater UGA is not bursting. The developers admitted this in their application, which calls that area of the UGA "underdeveloped." And looking at an aerial map confirms the UGA is not bursting at the seams there.
The swap would increase development capacity in the UGA
The law allows swaps only if they do not increase development capacity in the UGA: the swap "must not result in a in a net increase in the total acreage or development capacity of the urban growth area or areas." Swapping out parcels near Black Lake that are deemed non-buildable for a parcel that is buildable is by definition increasing development capacity inside the UGA. The county hydrogeologist concluded that the swap would increase development capacity. See page 5 of the hydro report. This is because the swap out parcels near Black Lake are constrained by steep slopes, BPA power line easements, floodways and wetlands.
The swap would decrease groundwater protections
The law allows swaps only if they do not increase critical aquifer recharge area in the UGA: the swap "must not result in a net increase in critical aquifer recharge areas within the urban growth area." Swapping out parcels near Black Lake that are deemed "critical aquifer recharge area-moderate for a parcel that is deemed critical aquifer recharge area-extreme violates the intent of the swap law to protect groundwater.
The swap would cause development pressure on rural lands
The law allows swaps only if they would not put development pressure on surrounding rural and natural resource lands: the swap is allowed only if it "will not increase pressures to urbanize rural or natural resource lands." Extending sewer service to the parcel is a de facto encouragement of land development around the parcel.