H-3587.1          _______________________________________________

 

                                  HOUSE BILL 2669

                  _______________________________________________

 

State of Washington              52nd Legislature             1992 Regular Session

 

By Representatives Tate, Casada, Hargrove, Vance, Wynne, Ballard, Forner and Carlson

 

Read first time 01/23/92.  Referred to Committee on Judiciary.Regarding proposed actions by local governments which may affect private property.


     AN ACT Relating to actions by local government; adding new sections 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 35.63 RCW to read as follows:

     (1) When a city or county is considering or taking any action which may impact the value or use of any 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. 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 he or she 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 any action which may impact the value or use of any 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 which is subject to section 1 of this act if he or she 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 any action which may impact the value or use of any 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 he or she 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.