FINAL BILL REPORT

                  SSB 5532

                          C 119 L 98

                      Synopsis as Enacted

Brief Description:  Requiring mediation before appeal of land‑use decisions involving conditional use permits.

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

Senate Committee on Government Operations

House Committee on Government Reform & Land Use

Background:  A city or county may adopt a hearing examiner system for amending zoning ordinances when the proposed amendment is not of general applicability.

Summary:  Before a party may appeal a hearing examiner=s final decision involving a conditional or special use permit application for an entity licensed by the Department of Social and Health Services or the Department of Corrections, the party must initiate formal mediation procedures within five days after the final decision.  After initial evaluation of the dispute, if the parties agree to proceed, the mediation is conducted by a trained mediator.  The mediation process must be completed within 14 days from the time the mediator is selected, unless otherwise agreed by the parties.

The mediator provides the parties with a written summary of the issues and any agreements reached.  The mediation report may be made available to the governing jurisdiction, if the parties agree.  The parties share the cost of the mediation.  Cities, towns and counties are not considered parties who must mediate.

Time limits for filing of appeals are tolled during the mediation process.

Votes on Final Passage:

Senate 47 0

House     98 0

Effective:  June 11, 1998