Sanctions Imposed On Defiant Chelan County

Tue., July 2, 1996

Associated Press

Facing open defiance of a state land-use law, Gov. Mike Lowry reluctantly imposed economic sanctions against Chelan County on Monday, saying the punishment is necessary to preserve Washington lands.

Lowry directed the state treasury to withhold certain gas tax revenues from Chelan County until its leaders agree to abide by the Growth Management Act, which requires local governments to develop comprehensive land-use protection plans based on statewide goals.

Under the penalty, the county will lose an estimated $140,000 a month in money for rural road repairs and maintenance, according to the governor’s office. The money would be returned, with interest, if the county turns in a proper plan.

The effect of the penalty won’t be felt until July 18, when the state distributes the road money.

The governor’s action came a day after county officials ignored a deadline for submitting a plan that protects agricultural lands from suburban sprawl. The county has been out of compliance with the law since 1991.

“We have worked for a long time to try and avoid this. You cannot have a state law be openly disregarded and have it be an effective law,” Lowry told reporters. “I think it’s too bad that constituents of Chelan County, frankly, are going to suffer.”

Chelan County officials are expected to respond this week in court.

They first plan to ask the state Supreme Court to overturn a lower court’s decision to dismiss their challenge of the law. After a strategy meeting next week, they may file another lawsuit.

So far, the county’s challenge has failed in local, state and federal courts.

The Growth Management Act, written by lawmakers before Lowry was elected governor, is designed to protect farms, wilderness and recreation lands in the face of rapid population growth.

A majority of the three-member Chelan County Commission contends the law violates residents’ constitutional rights by taking control of private land. Those two commissioners complain that three quasi-judicial boards appointed by the governor to oversee growth-management plans usurp the authority of local elected officials.

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