Washington State House of Representatives Office of Program Research
Government Reform and Land Use
Committee
BILL ANALYSIS
2ESB 5185
Title of the Bill: An act relating to growth management hearings boards.
What this Bill Does: Revises jurisdiction of growth management hearings boards and eliminates authority of boards to determine GMA compliance and to issue determinations of invalidity.
Sponsors: Senators Horn, McCaslin, Long, Benton, Prince and Deccio.
Hearing Date: 2/19/98
Fiscal Note: Not requested.
Analysis Prepared By: Caroleen Dineen (786-7156).
BACKGROUND:
The Growth Management Act (GMA) requires certain counties, and the cities located in those counties, to plan according to the statutory requirements. Counties and cities subject to all the GMA requirements are typically referred to counties and cities that plan under the GMA. The county legislative authority of any county not required to plan under the GMA may adopt a resolution making the county and the cities located in that county plan under all of the GMA requirements.
The basic GMA planning requirements are:
CIdentification and protection of all critical areas;
CDesignation and conservation of natural resource lands;
CAdoption of county-wide planning policies;
CDesignation of urban growth areas;
CAdoption of a comprehensive plan with certain required elements; and
CAdoption of development regulations implementing the comprehensive plan.
Counties and cities that do not plan under the GMA must identify and protect critical areas and designate (but not conserve) natural resource lands.
Three Growth Management Hearings Boards (the Boards) hear and determine petitions within their jurisdictional boundaries which address GMA compliance issues and seek adjustment of the Office of Financial Management (OFM) growth management planning population projections. Petitions for review must be filed within 60 days after publication of a GMA plan or regulation by a county or city.
A Board must generally issue a final order within 180 days of receipt of a petition for review. The time period may be extended to attempt to achieve settlement under certain conditions. The Boards may appoint hearing examiners to assist with hearings, to make findings of fact and conclusions of law and to make recommendations on cases before the Boards.
GMA comprehensive plans and development regulations are presumed valid upon adoption. The burden is on the person challenging a GMA plan or regulation to prove it is clearly erroneous. If a Board does find noncompliance, the Board remands the GMA plan or regulation to the county or city and specifies a reasonable time (generally not more than 180 days) for the county or city to come into compliance with the GMA. A finding of noncompliance does not affect the validity of plans and regulations or the vesting of permit applications.
At the end of the remand period, the Board holds a hearing to determine if the county or city has taken actions sufficient to come into compliance with the GMA. The Board may recommend that the Governor impose sanctions if it finds continued noncompliance.
A Board may invalidate all or a portion of GMA plans and regulations if it finds noncompliance and determines the plans or regulations would substantially interfere with the fulfillment of GMA goals. The determination of invalidity does not affect the vesting of development permit applications vested prior to the determination of invalidity or of certain development permits filed after the determination of invalidity.
A county or city subject to a determination of invalidity may adopt interim controls which the Board determines do not substantially interfere with GMA goals for the purposes of vesting development permit applications affected by the invalidity determination. The Board must modify or rescind the invalidity determination if it finds the county or city has amended the invalidated plan or regulations (or the invalidated portions of the plan or regulations) such that the plan or regulations no longer substantially interfere with GMA goals.
According to the Department of Community, Trade, and Economic Development, the Boards issued invalidity determinations on 18 occasions involving 14 jurisdictions through November 1997 and have rescinded invalidity determinations in many cases.
SUMMARY:
The authority of the Boards to hear and determine petitions is revised, and the authority for the Board to determine GMA compliance, to consider adjustment of OFM population projections and to issue invalidity determinations is eliminated.
The authority of hearing examiners assisting the Boards to make conclusions of law is eliminated.