H-3532.1 _______________________________________________
HOUSE BILL 2391
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State of Washington 55th Legislature 1998 Regular Session
By Representatives DeBolt, Johnson, Thompson, Mulliken, D. Sommers, Benson, Buck, Backlund, Sheahan, Pennington, Lambert and McCune
Read first time 01/13/98. Referred to Committee on Government Reform & Land Use.
AN ACT Relating to wetlands delineations and mitigation plans; and adding a new section to chapter 36.70A RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A new section is added to chapter 36.70A RCW to read as follows:
(1) A county or city has the burden of proving, at no cost to the property owner, by clear and convincing evidence that an area is not suited for development because it is a wetland.
(2) A county or city shall bear the cost of any study of a wetland required for the development of the wetland, including any delineation and mitigation plan.
(3) A county or city proposing a wetland shall give timely notice of the proceedings to each affected property owner with a separate quasi-judicial hearing in accordance with local procedure. Commencement of a wetland delineation or mitigation plan proceeding against a property owner must be by written petition, setting forth in full detail the facts, circumstances, and theories upon which the county or city's claim is based. The county or city shall not prove any ground for the wetland delineation or mitigation plan not specifically pled.
(4) A proceeding for a wetland delineation or mitigation plan shall not be commenced within five years of the determination of another wetland delineation or mitigation plan relating to the same property.
(5) A property owner who prevails in an appeal of a decision made under this section shall recover reasonable attorneys' fees, expert witness fees, and costs.
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