Washington Administrative Code Title 365 - Commerce, Department of (Community Development)
Overview of WAC Title 365 - Department of Commerce (Community Development)
WAC Title 365 contains the administrative rules issued by the Washington State Department of Commerce relating to community development programs, including planning, growth management, housing, and grants to local governments. The Department of Commerce plays a critical role in supporting sustainable development, managing growth, and fostering economic and community well-being across Washington.
The administrative rules in Title 365 implement statutes primarily found in the Revised Code of Washington (RCW), Chapter 36.70A (Growth Management Act), RCW 43.63A (Department of Commerce), and other related laws.
Key Areas Covered by WAC Title 365
1. Growth Management Act (GMA) Implementation
WAC 365 details procedures, criteria, and requirements for local governments to comply with the Growth Management Act.
The rules govern comprehensive planning, urban growth areas, concurrency of public facilities, and review processes.
The Department of Commerce reviews local comprehensive plans to ensure compliance with GMA mandates.
Includes timelines for plan submissions and amendments, criteria for consistency, and provisions for enforcement or corrective actions.
2. Community Development Block Grants (CDBG)
Rules under WAC 365 cover the administration of federal and state block grants for community development projects.
These grants fund local infrastructure, housing, and public services, especially in low-income and disadvantaged areas.
The rules specify application procedures, eligible activities, monitoring, and reporting requirements.
3. Housing Development and Homelessness Programs
WAC 365 includes administrative rules that support housing affordability initiatives and homeless assistance.
It governs programs that provide funding or technical assistance to local governments and nonprofit organizations.
Establishes requirements for grant applications, eligibility, use of funds, and performance standards.
4. Technical Assistance and Planning Support
The Department provides guidance and resources to local governments to support planning efforts.
The rules describe the technical assistance available, including training, model ordinances, and planning tools.
Important Statutory Foundations
Growth Management Act (GMA) (RCW 36.70A)
Requires fast-growing counties and cities to plan for future growth to protect the environment, reduce sprawl, and promote orderly development.
Department of Commerce Powers (RCW 43.63A)
Authorizes the Department to administer community development programs, allocate grants, and assist local governments.
WAC Title 365 fleshes out how these statutes operate on the ground.
Relevant Case Law Related to WAC Title 365 and Community Development
While administrative rules like those in WAC 365 are often procedural, Washington courts have addressed disputes arising from the Department of Commerce’s community development activities and Growth Management Act implementation:
1. Growth Management and Plan Compliance
Whatcom County v. Western Washington Growth Management Hearings Board, 142 Wn.2d 1 (2000)
Issue: Whether the Department of Commerce could enforce GMA compliance and whether local government plans met statutory requirements.
Holding: The Washington Supreme Court upheld the authority of the Growth Management Hearings Board (an administrative body under Commerce oversight) to enforce GMA. The decision confirmed the Department’s role in overseeing local compliance via rulemaking (such as WAC 365) and administrative review.
Kitsap County v. Western Washington Growth Management Hearings Board, 122 Wn.2d 543 (1993)
Issue: Challenges to local comprehensive plans' consistency with GMA.
Holding: The court recognized that the Department’s rules and the Growth Management Hearings Board serve as checks on local governments to ensure adherence to statewide growth policies, reaffirming the Department’s rulemaking and oversight authority under WAC 365.
2. Community Development and Grant Administration
Mason County v. Washington State Dept. of Community Development, 98 Wn. App. 62 (1999)
Issue: Dispute over grant conditions imposed by the Department.
Holding: The appellate court held that the Department’s grant rules (similar to those codified in WAC 365) are binding on recipients, provided they are consistent with statutory authority and procedural fairness is observed.
3. Environmental and Planning Conflicts
Friends of Pierce County v. Pierce County, 136 Wn.2d 619 (1998)
Issue: Whether comprehensive plans complied with GMA and SEPA (State Environmental Policy Act) requirements.
Holding: The court emphasized that the Department’s planning rules and guidance under WAC 365 must be integrated with environmental review, underscoring Commerce’s role in coordinating planning and environmental protections.
Summary
WAC Title 365 establishes administrative rules for the Department of Commerce’s community development programs, especially those related to Growth Management Act compliance, grants administration, housing, and planning assistance.
The rules provide detailed procedures for local governments and other entities to follow to receive funding, develop plans, and comply with state growth management policies.
Washington courts have recognized and upheld the Department’s authority under these rules to oversee and enforce community development laws, ensuring consistency and accountability in local planning and development.
The synergy between statutes (like GMA) and administrative rules (WAC 365) creates a robust framework for managing growth, supporting housing, and funding community projects in Washington.
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