AN
ACT Relating to local government permit timelines; and amending RCW 36.70B.110.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
36.70B.110 and 1995 c 347 s 415 are each amended to read as follows:
(1)
Not later than April 1, 1996, a local government planning under RCW 36.70A.040
shall provide a notice of application to the public and the departments and
agencies with jurisdiction as provided in this section. If a local government
has made a threshold determination ((of significance)) under
chapter 43.21C RCW concurrently with the notice of application, the notice of
application ((shall)) may be combined with the threshold
determination ((of significance)) and the scoping notice for a
determination of significance. Nothing in this section prevents a
determination of significance and scoping notice from being issued prior to the
notice of application.
(2)
The notice of application shall be provided within fourteen days after the
determination of completeness as provided in RCW 36.70B.070 and include the
following in whatever sequence or format the local government deems
appropriate:
(a)
The date of application, the date of the notice of completion for the
application, and the date of the notice of application;
(b)
A description of the proposed project action and a list of the project permits
included in the application and, if applicable, a list of any studies requested
under RCW 36.70B.070 or 36.70B.090;
(c)
The identification of other permits not included in the application to the
extent known by the local government;
(d)
The identification of existing environmental documents that evaluate the proposed
project, and, if not otherwise stated on the document providing the notice of
application, such as a city land use bulletin, the location where the
application and any studies can be reviewed;
(e)
A statement of the public comment period, which shall be not less than fourteen
nor more than thirty days following the date of notice of application, and
statements of the right of any person to comment on the application, receive
notice of and participate in any hearings, request a copy of the decision once
made, and any appeal rights. A local government may accept public comments at
any time prior to the closing of the record of an open record predecision
hearing, if any, or, if no open record predecision hearing is provided, prior
to the decision on the project permit;
(f)
The date, time, place, and type of hearing, if applicable and scheduled at the
date of notice of the application;
(g)
A statement of the preliminary determination, if one has been made at the time
of notice, of those development regulations that will be used for project
mitigation and of consistency as provided in RCW 36.70B.040; and
(h)
Any other information determined appropriate by the local government.
(3)
If an open record predecision hearing is required for the requested project
permits, the notice of application shall be provided at least fifteen days
prior to the open record hearing.
(4)
A local government shall use reasonable methods to give the notice of
application to the public and agencies with jurisdiction and may use its
existing notice procedures. A local government may use different types of
notice for different categories of project permits or types of project
actions. If a local government by resolution or ordinance does not specify its
method of public notice, the local government shall use the methods provided
for in (a) and (b) of this subsection. Examples of reasonable methods to
inform the public are:
(a)
Posting the property for site-specific proposals;
(b)
Publishing notice, including at least the project location, description, type
of permit(s) required, comment period dates, and location where the complete
application may be reviewed, in the newspaper of general circulation in the
general area where the proposal is located or in a local land use newsletter
published by the local government;
(c)
Notifying public or private groups with known interest in a certain proposal or
in the type of proposal being considered;
(d)
Notifying the news media;
(e)
Placing notices in appropriate regional or neighborhood newspapers or trade
journals;
(f)
Publishing notice in agency newsletters or sending notice to agency mailing
lists, either general lists or lists for specific proposals or subject areas;
and
(g)
Mailing to neighboring property owners.
(5)
A notice of application shall not be required for project permits that are
categorically exempt under chapter 43.21C RCW, unless a public comment period
or an open record predecision hearing is required.
(6)
A local government shall integrate the permit procedures in this section with
environmental review under chapter 43.21C RCW as follows:
(a)
Except for a threshold determination ((of significance)), the
local government may not issue ((its threshold determination, or issue))
a decision or a recommendation on a project permit until the expiration of the
public comment period on the notice of application.
(b)
If an open record predecision hearing is required and the local government's
threshold determination requires public notice under chapter 43.21C RCW, the
local government shall issue its threshold determination at least fifteen days
prior to the open record predecision hearing.
(c)
Comments shall be as specific as possible.
(7)
A local government may combine any hearing on a project permit with any hearing
that may be held by another local, state, regional, federal, or other agency
provided that the hearing is held within the geographic boundary of the local
government. Hearings shall be combined if requested by an applicant, as long
as the joint hearing can be held within the time periods specified in RCW
36.70B.090 or the applicant agrees to the schedule in the event that additional
time is needed in order to combine the hearings. All agencies of the state of
Washington, including municipal corporations and counties participating in a
combined hearing, are hereby authorized to issue joint hearing notices and
develop a joint format, select a mutually acceptable hearing body or officer,
and take such other actions as may be necessary to hold joint hearings
consistent with each of their respective statutory obligations.
(8)
All state and local agencies shall cooperate to the fullest extent possible
with the local government in holding a joint hearing if requested to do so, as
long as:
(a)
The agency is not expressly prohibited by statute from doing so;
(b)
Sufficient notice of the hearing is given to meet each of the agencies' adopted
notice requirements as set forth in statute, ordinance, or rule; and
(c)
The agency has received the necessary information about the proposed project
from the applicant to hold its hearing at the same time as the local government
hearing.
(9)
A local government is not required to provide for administrative appeals. If
provided, an administrative appeal of the project decision, combined with any
environmental determinations, shall be filed within fourteen days after the notice
of the decision or after other notice that the decision has been made and is
appealable. The local government shall extend the appeal period for an
additional seven days, if state or local rules adopted pursuant to chapter
43.21C RCW allow public comment on a determination of nonsignificance issued as
part of the appealable project permit decision.
(10)
The applicant for a project permit is deemed to be a participant in any comment
period, open record hearing, or closed record appeal.
(11)
Each local government planning under RCW 36.70A.040 shall adopt procedures for
administrative interpretation of its development regulations.
