BILL REQ. #: S-0128.1
|State of Washington||62nd Legislature||2011 Regular Session|
Read first time 01/10/11. Referred to Committee on Government Operations, Tribal Relations & Elections.
AN ACT Relating to the standard of review utilized by the growth management hearings board when hearing appeals under the growth management act; and amending RCW 36.70A.3201.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 36.70A.3201 and 2010 c 211 s 12 are each amended to
read as follows:
The legislature intends that the board applies a more deferential
standard of review to actions of counties and cities than the
preponderance of the evidence standard provided for under existing law.
In recognition of the broad range of discretion that may be exercised
by counties and cities consistent with the requirements of this
chapter, the legislature intends for the board to grant deference to
counties and cities in how they plan for growth, consistent with the
requirements and goals of this chapter. Local comprehensive plans and
development regulations require counties and cities to balance
priorities and options for action in full consideration of local
circumstances. The legislature finds that while this chapter requires
local planning to take place within a framework of state goals and
requirements, the ultimate burden and responsibility for planning,
harmonizing the planning goals of this chapter, and implementing a
county's or city's future rests with that community.)) The legislature
intends that local decisions be guided by the goals of this chapter and
comply with its requirements. The board shall defer to a local
decision unless the board determines that the local government has
erroneously construed the law or, after reviewing the facts in the
record, concludes that the weight of evidence does not support the
local decision. In the interest of finality in decision making, the
legislature intends that reviewing courts accord appropriate deference
to board expertise.