AN ACT Relating to the vesting of development rights and prohibiting the retroactive application of land use regulations; and adding a new chapter to Title 64 RCW.

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

NEW SECTION. Sec. 1. The purposes of this chapter are:

(1) To declare a state policy with respect to when an applicant for a development permit will vest his rights to develop under applicable land use regulations;

(2) To place restrictions on the retroactive application by governmental agencies of new land use regulations consonant with the due process rights of permit applicants; and

(3) To promote the health, safety, morals, and general welfare of the people of the state of Washington.

NEW SECTION. Sec. 2. The following words and terms have the following meanings for the purposes of this chapter, unless the context indicates otherwise:

(1) "Governmental agency" means an agency with jurisdiction, whether state, municipal, or quasi-municipal in nature, which has received an application for a development permit.

(2) "Development permit" means any form of written permission given to any person, organization, or agency, as required by law or agency rule, to engage in any activities relating to development, construction, building remodeling, grading, filling, demolition, or change of use on, or other improvement of, real property. A development permit includes all or part of any agency permit, certificate, approval, registration, plat approval, or rezone to facilitate that particular project.

(3) "Permit applicant" means any person or entity, other than an agency as defined in this section, applying for a development permit from a governmental agency.

(4) "Applicable regulations" means those laws, ordinances, rules, regulations, procedures, and policies adopted by a governmental agency that govern the granting of a development permit that may be required by a project, including regulations and local policies adopted pursuant to chapter 43.21C RCW.

(5) "Amendment to applicable regulations" means changes or revisions to the content or interpretation of applicable regulations after the date of application of a development permit.

(6) "Date of application" means that date on which a permit applicant files with the appropriate governmental agency a completed application for a development permit.

(7) "Project" means any activity, the proposal for which involves development, construction, building remodeling, grading, filling, demolition or change of use on, or other improvement of, real property.

(8) "Related development permits" means any permits or approvals required by a project subsequent or in addition to the initial development permit.

NEW SECTION. Sec. 3. A permit applicant making application to any governmental agency for a development permit shall have the right to have the project described in that application for development permit considered under the applicable regulations as of the date of application.

NEW SECTION. Sec. 4. When a permit applicant is required or requested by an agency to amend the development permit application, or to modify the project described therein, or a governmental agency suggests such an amendment or modification, whether as the result of changes or mitigating measures imposed, requested or suggested by the reviewing governmental agency, those amendments shall relate back to the original date of application for the purpose of determining the date of commencement of vested rights under this chapter.

NEW SECTION. Sec. 5. Amendments to applicable regulations shall not be applicable to an application for a development permit.

NEW SECTION. Sec. 6. The fact that a development permit application shall require discretionary action by a governmental agency shall not be a bar to the application of this chapter.

NEW SECTION. Sec. 7. (1) When more than one development permit is required from a governmental agency for a project, the date of application for the first application for development permit for that project shall serve as the date of application for all related development permit applications for that project.

(2) When development permits are required from more than one governmental agency for a project, the date of application for the first application for development permit filed with any governmental agency shall serve as the date of application for all related development permit applications from other governmental agencies for that project.

NEW SECTION. Sec. 8. All governmental agencies shall adopt by ordinance or rule a program for administering and monitoring the vesting of development rights. Such a program must comply strictly with terms of this section, and shall in no event operate to deprive any individual of any right otherwise granted under this chapter.

(1) A governmental agency may allow, but not require, the filing of a "notice of intent to develop real property" (hereafter, "notice of intent") prior to the filing by an individual of any development permit application for a project. The "notice of intent" shall include a description of the development proposal, the legal description of the property for which it is prepared, evidence that the individual filing the "notice of intent" has authority to commit the property for the purpose of development, and a list of those development permits required for the project.

(2) Governmental agencies may require a fee to be paid in connection with the filing of a "notice of intent." That fee may not exceed an amount equal to five-hundredths of one percent of the total value of all construction work required by the project, as determined by the governmental agency, and it shall be applied against any fees due in connection with development permits required for that project.

(3) The date on which a "notice of intent" is filed shall serve as the date of application under this chapter, provided that the project described in the "notice of intent" complies with applicable regulations or may be approved by the governmental agency under applicable regulations. The government agency employing the "notice of intent" form may impose time limits on the effectiveness of a "notice of intent," within which the permit applicant must make application for any one of the permits listed on the "notice of intent," or forfeit such rights as the permit applicant had obtained hereunder by filing the "notice of intent."

NEW SECTION. Sec. 9. Sections 1 through 8 of this act shall constitute a new chapter in Title 64 RCW.