Clark County freight-rail overlay repeal draws competing economic and environmental arguments
January 19, 2026 | Legislative Sessions, Washington
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Senate Bill 5,820 seeks to repeal 2017 language in the Growth Management Act that allowed certain counties — specifically Clark County — to adopt development regulations permitting freight rail‑dependent uses on resource lands adjacent to short‑line railroads.
Sponsor Senator Adrian Cortez said the bill corrects an outlier that treats Clark County differently from other counties and would restore consistent Growth Management Act protections for agricultural, forest and mineral lands. “This bill recognizes what an overwhelming amount of my constituents have been advocating for,” Cortez said.
Opponents, including Amber Carter of the Portland Vancouver Junction Railroad and Ken Short of the Association of Washington Business, warned repeal would strand investments, undermine contractual arrangements, and limit economic development tied to the rail line. Carter said the company and county are bound by multiyear lease agreements and that the rail operator was advised the bill raises equal-protection concerns.
Supporters of repeal, including Bryce Aiden of Futurewise, James MacRae and Eric Overholser (mayor of Battle Ground), argued the overlay has failed to protect agricultural lands and in some places enabled proposals to industrialize rural lands that local residents oppose. MacRae noted homes, habitat and schools are in close proximity to the line and called the overlay inconsistent with the Growth Management Act. Mayor Overholser warned that expanded industrial rail operations could create safety hazards and traffic impacts in Battle Ground.
Former Senator Linda Wilson, prime sponsor of the 2017 provision, defended the earlier law as a local planning tool that has attracted interest from companies seeking rail-served sites and cautioned that repeal would close a tool for future local economic development. The committee heard questions about comprehensive-plan inconsistencies between cities and counties and staff offered to provide a synopsis of how appeals and the Growth Management Hearing Board work.
The transcript records extensive testimony on both sides but no committee vote.
Sponsor Senator Adrian Cortez said the bill corrects an outlier that treats Clark County differently from other counties and would restore consistent Growth Management Act protections for agricultural, forest and mineral lands. “This bill recognizes what an overwhelming amount of my constituents have been advocating for,” Cortez said.
Opponents, including Amber Carter of the Portland Vancouver Junction Railroad and Ken Short of the Association of Washington Business, warned repeal would strand investments, undermine contractual arrangements, and limit economic development tied to the rail line. Carter said the company and county are bound by multiyear lease agreements and that the rail operator was advised the bill raises equal-protection concerns.
Supporters of repeal, including Bryce Aiden of Futurewise, James MacRae and Eric Overholser (mayor of Battle Ground), argued the overlay has failed to protect agricultural lands and in some places enabled proposals to industrialize rural lands that local residents oppose. MacRae noted homes, habitat and schools are in close proximity to the line and called the overlay inconsistent with the Growth Management Act. Mayor Overholser warned that expanded industrial rail operations could create safety hazards and traffic impacts in Battle Ground.
Former Senator Linda Wilson, prime sponsor of the 2017 provision, defended the earlier law as a local planning tool that has attracted interest from companies seeking rail-served sites and cautioned that repeal would close a tool for future local economic development. The committee heard questions about comprehensive-plan inconsistencies between cities and counties and staff offered to provide a synopsis of how appeals and the Growth Management Hearing Board work.
The transcript records extensive testimony on both sides but no committee vote.
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