FINAL BILL REPORT

                  SSB 5462

                          C 396 L 97

                      Synopsis as Enacted

Brief Description:  Changing local government permit timeline provisions.

Sponsors:  Senate Committee on Government Operations (originally sponsored by Senators Hale, Anderson, Haugen, Patterson, Goings, McCaslin and Winsley).

Senate Committee on Government Operations

House Committee on Government Reform & Land Use

Background:  When a project permit application is sought for any land use or environmental permit required from a local government for a project action, a local government that is planning under the Growth Management Act must provide appropriate notification of the application to the public.  If the local government determines that the project will have a significant impact pursuant to the State Environmental Policy Act, the notice of application must be provided along with the determination of significance (DS).  The notice of application is provided within 14 days after the permit application is considered complete.

The local government may not issue a decision or recommendation on a project permit until the public comment period has expired, with the exception of the DS.

Under the Land Use Petition Act, an applicant may appeal a final land use decision by a local jurisdiction.  The land use petition must be timely filed with the court and timely served on the appropriate parties.  The appeal is timely if it is filed and served on all appropriate parties within 21 days of the issuance of the land use decision.

Concern has been expressed with regard to the timelines and the duplication of notices when a local government makes a determination of nonsignificance (DNS) in connection with a permit application.  In these situations, a notice of application must be issued for a project, followed by a public comment period of 14 to 30 days before a DNS may be issued.  A second public notice is issued with the DNS, and the local government generally must wait an additional 15 days after the issuance of the DNS before a permit can be issued.

Summary:  The determination by the local government in connection with a permit application is expanded to a threshold determination of either significance and nonsignificance.  The notice of application may be combined with issuance and public notice of a DS or DNS, eliminating the need for two public notices, and eliminating 14 to 30 days from the project timeline.

Votes on Final Passage:

Senate 41 6

House     63 34 (House amended)

Senate        (Senate refused to concur)

House     98 0 (House receded)

Effective:  July 27, 1997