The County Comprehensive Plan is a general guide to the orderly growth and development of land and physical improvements in Clallam County. Historically, the Comprehensive Plan is generally not considered to be a regulatory document. The Growth Management Act of 1990, however, requires that Clallam County “enact development regulations that are consistent with and implement the comprehensive plan. [The county] shall perform their activities and make capital budget decisions in conformity with their comprehensive plan.” (RCW 36.70A.120)

Government has the authority and responsibility to protect the public health, safety, and welfare. Pursuant to this authority, regulation or limitations to the use of private property is allowed under the police powers of the federal and State Constitutions. Accordingly, local government may limit the use of property through land use planning, zoning, and environmental regulations. Courts have recognized, however, that if government regulation goes “too far,” it may constitute a taking of property.

Taking of private property for public purposes is also protected under the federal and State Constitutions. Government cannot take property for public purposes unless just compensation is made. Property owners are also provided a substantive due process which protects an individual’s property from arbitrary regulation. Recent federal and State court cases continue to provide further interpretation of what is a constitutional taking.

The State Attorney General’s Office is charged with providing guidance to local governments through implementation of the Growth Management Act. The Attorney General provided five warning signals as examples of situations which may raise constitutional issues. The warning signals are phrased as questions which should be reviewed regarding the potential impact of a regulatory action on specific property. The questions are:

County residents have a strong desire to see their investment in homes and quality of life protected. Some of the most emotionally charged issues in the County occur when residents perceive proposed land uses as a threat to their homes and quality of life. Land use regulations which acknowledge and protect the rights of citizens to the quiet enjoyment of their homes and lands and which protect their quality of life will considerably reduce these conflicts.

Potential homeowners rely upon existing zoning and existing uses in a neighborhood when purchasing a home, which is one of the most important decisions in their lives. At the time of purchase, a homeowner makes a commitment which is literally cast in concrete, as a home cannot be moved or reoriented to avoid a new incompatible use. In addition, moving to a new home may not be an option, either for financial reasons or because of emotional ties to the property. New development must be required to be compatible with existing neighborhoods: protection of the home must be one of the highest priorities of County government.

Landowners and citizens also desire that land use regulations and decisions are timely, fair, and predictable. Changes to regulations, or the “fear” of changes, have forced many landowners in Clallam County to prematurely develop or subdivide their property. Delays in the permit process lead to frustration by the development community and attempts to weaken land use regulations. Citizens and landowners adjacent to proposed developments also want assurance that the decision-making process is open and fair to all people concerned, and that land use restrictions are not continuously being changed.

There are generally three tiers of increasing development review. The first tier is land uses which are permitted outright, like homes in single-family zones on existing lots. The second tier is land uses that may or may not be objectionable, or where additional information and scrutiny may be warranted. For example, bed and breakfast inns in most rural areas can be compatible but review and scrutiny might be warranted. The third tier is land uses that are more likely to raise objections, and public debate and consideration are warranted. For example, large subdivisions, commercial rezones, etc., generally warrant public debate and consideration. (Rezones require an ordinance and by State law, a public hearing is required. Subdivisions require notice to adjacent property owners with the right to request a public hearing before the Planning Commission.)

There are several ways to make land use decisions timely, fair and predictable. In general, a comprehensive plan or regulation with more specific standards and environmental analysis, the better likelihood that a development project can be approved by administrative staff. For example, a development project which provides for appropriate land uses, specific landscaping or other performance standards, should be acceptable and quickly approved. Such land uses could move from the third tier explained above, to the second tier, or the second tier to the first tier. Having adopted comprehensive plan and regulations standards gives landowners assurance that objective, consistent standards will be applied to the project, rather than be subject to “conditions” of approval which are often viewed as being inconsistent and arbitrary.

Land use decisions can also be taken out of the political process and handed over to an hearing examiner. Washington State Law authorizes an appointed hearing examiner to consider and make decisions on plat applications, zoning amendments not of general applicability, conditional uses, variances and shoreline permits. The legal effect of decisions made by a hearing examiner can either be recommendations to the elected officials, or final, subject to appeal to the elected officials.

There are several avenues which are used to implement the Comprehensive Plan. Development regulations, such as zoning and land division standards, provide the specific criteria and standards for land uses in the County. Under growth management, development regulations will have to be consistent with the Comprehensive Plan. For example, if an area is designated in the Comprehensive Plan for residential purposes, it would not be possible to designate the area under a zoning ordinance as commercial. In this case, a commercial zoning designation would require a Comprehensive Plan amendment, which could occur no more frequently than one time per year.

The Plan’s goals can also be achieved merely by making known the existence of the Plan and what it contains. Distribution of the Plan to other public and private agencies can improve the chance that the Plan will be implemented.

The County can make citizens aware of programs which give incentives to use land consistent with the Comprehensive Plan. Examples of such incentives include the Open Space Taxation Act, State forest and agriculture land tax laws, planned unit developments and grant programs.

Many activities that the County pursues, whether they be educational or physical improvements, are accomplished with the use of State, federal and private grant funds. The ability to access these funding sources depends upon a clear policy document adopted by the County. This Plan can achieve many of its objectives through active pursuit of grant funds, as well as lessening the financial burden of local citizens.

The capital budget of the County and other public agencies can achieve many of the goals of the capital facilities element of the Plan. Investment in facilities such as roads, utilities, public buildings, parks, and transportation systems has a direct impact on the pattern of County development. Capital budget decisions of the County must be consistent with the Comprehensive Plan, as well as actions of State agencies. Other local public agencies are not mandated to invest in facilities as outlined by the Plan, although they must follow the general land use plans.

Implementation of the Plan must also include monitoring of new developments throughout the County so that the effectiveness of the Plan and growth patterns are determined. The process for review and amendment of this Plan must include active public participation in the process. The process for implementation of the Plan must be designed in a manner which is clear, well-coordinated and understandable.

The goals and policies of this Plan should be achieved first through incentives and public investments, and second through regulatory measures. Regulations should be the least restrictive to private property as necessary to accomplish the goals and objectives of this Plan.