H-0392.1                  _______________________________________________

 

                                                      HOUSE BILL 1933

                              _______________________________________________

 

State of Washington                              53rd Legislature                             1993 Regular Session

 

By Representatives Stevens, Wood, Fuhrman, Morton, Tate, Forner, Vance, Padden, Miller, Brumsickle, Long, Casada, Ballasiotes, Mielke, Cooke, Van Luven and Dyer

 

Read first time 02/17/93.  Referred to Committee on Judiciary.

 

Requiring local governments to notify private property owners of land use proposals.


          AN ACT Relating to proposed actions by local governments; adding a new section to chapter 36.70A RCW; adding a new section to chapter 35.63 RCW; adding new sections to chapter 35A.63 RCW; and adding new sections to chapter 36.70 RCW.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

          NEW SECTION.  Sec. 1.  A new section is added to chapter 36.70A RCW to read as follows:

          Local governments shall notify, in clear language that is understandable to the average reader, private property owners of proposed land use actions by local governments.  The notices shall describe the potential impact of specific property taxes and overall tax revenues on local governments, the impact regulations have on the affordability of local housing, and shall include the following:

          (1) Prior notice of the consideration or action;

          (2) A clear statement of "standing";

          (3) An explanation of the effect on the property owner of having and of not having standing;

          (4) What the property owner must do to ensure that he or she has standing; and

          (5) The procedure for obtaining standing provided in section 2 of this act, including the address and deadline for submitting written statements.

          Actions subject to the requirements of subsections (1) through (5) of this section include, but are not limited to, adoption or amendment of comprehensive plans or building codes, zoning actions, designations of open space or wetlands, and environmental determinations.

 

          NEW SECTION.  Sec. 2.  A new section is added to chapter 35.63 RCW to read as follows:

          A person has standing to contest an action which is subject to section 1 of this act if the person submits a written statement to a city or county legislative body that:

          (1) Concerns the action being considered or taken by the legislative body; or

          (2) Expresses a desire or demand for standing with respect to the action.

 

          NEW SECTION.  Sec. 3.  A new section is added to chapter 35A.63 RCW to read as follows:

          (1) When a code city is considering or taking an action that may impact the value or use of private property, it shall publish, in the publication with the largest circulation within its jurisdiction, the following:

          (a) Prior notice of the consideration or action;

          (b) A clear statement of "standing";

          (c) An explanation of the effect on the property owner of having and of not having standing;

          (d) What the property owner must do to ensure he or she has standing; and

          (e) The procedure for obtaining standing provided in section 2 of this act, including the address and deadline for submitting written statements.

          (2) Actions subject to the requirements of subsection (1) of this section include, but are not limited to, adoption or amendment of comprehensive plans or building codes, zoning actions, designations of open space or wetlands, and environmental determinations.

 

          NEW SECTION.  Sec. 4.  A new section is added to chapter 35A.63 RCW to read as follows:

          A person has standing to contest an action that is subject to section 1 of this act if the person submits a written statement to a code city legislative body that:

          (1) Concerns the action being considered or taken by the legislative body; or

          (2) Expresses a desire or demand for standing with respect to the action.

 

          NEW SECTION.  Sec. 5.  A new section is added to chapter 36.70 RCW to read as follows:

          (1) When a county is considering or taking an action which may impact the value or use of private property, it shall publish, in the publication with the largest circulation within its jurisdiction, the following:

          (a) Prior notice of the consideration or action;

          (b) A clear statement of "standing";

          (c) An explanation of the effect on the property owner of having and of not having standing;

          (d) What the property owner must do to ensure he or she has standing; and

          (e) The procedure for obtaining standing provided in section 2 of this act, including the address and deadline for submitting written statements.

          (2) Actions subject to the requirements of subsection (1) of this section include, but are not limited to, adoption or amendment of comprehensive plans or building codes, zoning actions, designations of open space or wetlands, and environmental determinations.

 

          NEW SECTION.  Sec. 6.  A new section is added to chapter 36.70 RCW to read as follows:

          A person has standing to contest an action which is subject to section 1 of this act if the person submits a written statement to a county legislative body that:

          (1) Concerns the action being considered or taken by the legislative body; or

          (2) Expresses a desire or demand for standing with respect to the action.

 


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