S-4388.2 _______________________________________________
SENATE BILL 6637
_______________________________________________
State of Washington 54th Legislature 1996 Regular Session
By Senators Haugen, Sheldon, Winsley, Hale, Wood and Long
Read first time 01/22/96. Referred to Committee on Government Operations.
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 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. In evaluating
compliance with the goals set forth in RCW 36.70A.020, the board shall defer to
the city or county as to the relative weight to be given to each goal in
arriving at a balanced plan.
(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.
--- END ---