S-5070.1 _______________________________________________
SUBSTITUTE SENATE BILL 6637
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State of Washington 54th Legislature 1996 Regular Session
By Senate Committee on Government Operations (originally sponsored by Senators Haugen, Sheldon, Winsley, Hale, Wood and Long)
Read first time 02/02/96.
AN ACT Relating to limitations on growth management hearings board discretion; and amending RCW 36.70A.320.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 36.70A.320 and 1995 c 347 s 111 are each amended to read as follows:
(1) Except as provided
in subsection (2) of this section, comprehensive plans and development
regulations, ((and)) amendments thereto, and other required actions
adopted under this chapter are presumed valid upon adoption. In any petition
under this chapter, the board, after full consideration of the petition, shall
determine whether there is compliance with ((the requirements of)) this
chapter, including approved county-wide planning policies. In making
its determination, the board shall consider the criteria adopted by the
department under RCW 36.70A.190(4). The board shall defer to the city or
county as to the relative weight to be given to each goal set forth in RCW
36.70A.020 in the development of its comprehensive plan and development
regulations. The local government may give higher priority to certain goals
over others, but all of the goals must be given effect. The board shall
find compliance unless it finds ((by a preponderance of the evidence))
that the petitioner has demonstrated by evidence that is substantial when
reviewed in light of the whole record before the board that the comprehensive
plan, development regulation, or other action or amendment of the state
agency, county, or city erroneously interpreted or applied this chapter.
(2) The shoreline element of a comprehensive plan and the applicable development regulations adopted by a county or city shall take effect as provided in chapter 90.58 RCW.
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