Local Jurisdictions Creating Their Own Development Stimulus Packages from Miller Nash's Development Dispatch

Tri-County area in Oregon and Clark County, WA and other jurisdictions are radically departing from normal procedure and offering very enticing breaks or delayed payments of impact fees.

8/28/2009: The economic downturn has also impacted the local coffers, and many jurisdictions throughout the region have been moving swiftly to ensure that projects in the pipeline or potential new projects come to fruition. And while many of the ideas are as simple as extending approvals so that they do not expire, other jurisdictions are radically departing from normal procedure and offering very enticing breaks or delayed payments of impact fees. Following is a sampling of things that local jurisdictions in the region are adopting.

Clark County on June 23, 2009 adopted an emergency ordinance allowing an extension of various types of land use permits filed from June 2004 to June 2005.

The City of Washougal adopted a nine-lot short-plat process, similar to that of the City of Vancouver, on May 4, 2009.

The City of Ridgefield will be considering in the next month adoption of an ordinance that would delay payment of impact fees or system development charges until final occupancy. This provision would contain a sunset.

The City of Portland extended expiration dates for most land use decisions issued from May 2006 to December 2008 until June 2012.

The City of Gresham now allows a one-year extension for all land use applications. Some application types, such as final plat, previously did not allow an extension.

The City of Oregon City extended all land use approvals from one to two years, with an option of an additional year through an extension application.

In Washington County, the Board of County Commissioners passed an ordinance to grant an automatic one-year extension to approvals that would have expired during the next year.

In addition, the Washington County Board is considering a temporary reduction in the Transportation Development Tax at its October 20, 2009, hearing. More information about this reduction can be found here.

We hope that in sharing these ideas, we can spur interest in moving jurisdictions toward adopting similar stimulus measures. Please feel free to contact us below if you would like more specific information, the documents themselves, or links to the items mentioned above.

Posted by Jamie Howsley and Will Rasmussen

The Corps Return to Processing Permits

8/28/2009: Nothing is more frustrating than putting considerable time, effort, and financial resources into preparing a permit application, only to have it sit on the regulator's desk with no action for months. Well, that is what wetland permit applicants have experienced over the past six months in southwest Washington. Finally, there is good news to report! The U.S. Army Corps of Engineers (the "Corps") has filled one of the two open project manager positions for the Vancouver Field Office. As of earlier this month, Steve Manlow, formerly of the Washington Department of Fish & Wildlife, joined the Corps and has started to process the permit backlog. Those of you who have worked with Steve in the past will be encouraged that the Corps has brought in someone who can bring some level of practical thinking to the permit decision-making process. Of course, it will take him some time to get caught up. Steve told me that he has 50+ projects to get up to speed on and that he is working hard to do so. We hope to see progress being made on the wetland permit review front from now on. More to come!

Posted by Steven Hill