BILL REQ. #: S-0723.2
| State of Washington | 58th Legislature | 2003 Regular Session |
Read first time 01/21/2003. Referred to Committee on Land Use & Planning.
AN ACT Relating to growth management hearings; amending RCW 36.70A.030, 36.70A.110, 36.70A.130, 36.70A.172, 36.70A.210, 36.70A.250, 36.70A.280, 36.70A.290, 36.70A.300, 36.70A.302, 36.70A.310, 36.70A.320, 36.70A.330, 36.70A.340, 36.70A.345, 36.70C.030, 34.05.518, 34.12.020, 34.12.020, 35.81.060, and 90.58.190; repealing RCW 36.70A.260, 36.70A.270, 36.70A.295, and 36.70A.305; providing an effective date; and providing an expiration date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 36.70A.030 and 1997 c 429 s 3 are each amended to read
as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout this chapter.
(1) "Adopt a comprehensive land use plan" means to enact a new
comprehensive land use plan or to update an existing comprehensive land
use plan.
(2) "Agricultural land" means land primarily devoted to the
commercial production of horticultural, viticultural, floricultural,
dairy, apiary, vegetable, or animal products or of berries, grain, hay,
straw, turf, seed, Christmas trees not subject to the excise tax
imposed by RCW 84.33.100 through 84.33.140, finfish in upland
hatcheries, or livestock, and that has long-term commercial
significance for agricultural production.
(3) "City" means any city or town, including a code city.
(4) "Comprehensive land use plan," "comprehensive plan," or "plan"
means a generalized coordinated land use policy statement of the
governing body of a county or city that is adopted pursuant to this
chapter.
(5) "Court" means superior court.
(6) "Critical areas" include the following areas and ecosystems:
(a) Wetlands; (b) areas with a critical recharging effect on aquifers
used for potable water; (c) fish and wildlife habitat conservation
areas; (d) frequently flooded areas; and (e) geologically hazardous
areas.
(((6))) (7) "Department" means the department of community, trade,
and economic development.
(((7))) (8) "Development regulations" or "regulation" means the
controls placed on development or land use activities by a county or
city, including, but not limited to, zoning ordinances, critical areas
ordinances, shoreline master programs, official controls, planned unit
development ordinances, subdivision ordinances, and binding site plan
ordinances together with any amendments thereto. A development
regulation does not include a decision to approve a project permit
application, as defined in RCW 36.70B.020, even though the decision may
be expressed in a resolution or ordinance of the legislative body of
the county or city.
(((8))) (9) "Forest land" means land primarily devoted to growing
trees for long-term commercial timber production on land that can be
economically and practically managed for such production, including
Christmas trees subject to the excise tax imposed under RCW 84.33.100
through 84.33.140, and that has long-term commercial significance. In
determining whether forest land is primarily devoted to growing trees
for long-term commercial timber production on land that can be
economically and practically managed for such production, the following
factors shall be considered: (a) The proximity of the land to urban,
suburban, and rural settlements; (b) surrounding parcel size and the
compatibility and intensity of adjacent and nearby land uses; (c) long-
term local economic conditions that affect the ability to manage for
timber production; and (d) the availability of public facilities and
services conducive to conversion of forest land to other uses.
(((9))) (10) "Geologically hazardous areas" means areas that
because of their susceptibility to erosion, sliding, earthquake, or
other geological events, are not suited to the siting of commercial,
residential, or industrial development consistent with public health or
safety concerns.
(((10))) (11) "Long-term commercial significance" includes the
growing capacity, productivity, and soil composition of the land for
long-term commercial production, in consideration with the land's
proximity to population areas, and the possibility of more intense
uses of the land.
(((11))) (12) "Minerals" include gravel, sand, and valuable
metallic substances.
(((12))) (13) "Public facilities" include streets, roads, highways,
sidewalks, street and road lighting systems, traffic signals, domestic
water systems, storm and sanitary sewer systems, parks and recreational
facilities, and schools.
(((13))) (14) "Public services" include fire protection and
suppression, law enforcement, public health, education, recreation,
environmental protection, and other governmental services.
(((14))) (15) "Rural character" refers to the patterns of land use
and development established by a county in the rural element of its
comprehensive plan:
(a) In which open space, the natural landscape, and vegetation
predominate over the built environment;
(b) That foster traditional rural lifestyles, rural-based
economies, and opportunities to both live and work in rural areas;
(c) That provide visual landscapes that are traditionally found in
rural areas and communities;
(d) That are compatible with the use of the land by wildlife and
for fish and wildlife habitat;
(e) That reduce the inappropriate conversion of undeveloped land
into sprawling, low-density development;
(f) That generally do not require the extension of urban
governmental services; and
(g) That are consistent with the protection of natural surface
water flows and ground water and surface water recharge and discharge
areas.
(((15))) (16) "Rural development" refers to development outside the
urban growth area and outside agricultural, forest, and mineral
resource lands designated pursuant to RCW 36.70A.170. Rural
development can consist of a variety of uses and residential densities,
including clustered residential development, at levels that are
consistent with the preservation of rural character and the
requirements of the rural element. Rural development does not refer to
agriculture or forestry activities that may be conducted in rural
areas.
(((16))) (17) "Rural governmental services" or "rural services"
include those public services and public facilities historically and
typically delivered at an intensity usually found in rural areas, and
may include domestic water systems, fire and police protection
services, transportation and public transit services, and other public
utilities associated with rural development and normally not associated
with urban areas. Rural services do not include storm or sanitary
sewers, except as otherwise authorized by RCW 36.70A.110(4).
(((17))) (18) "Urban growth" refers to growth that makes intensive
use of land for the location of buildings, structures, and impermeable
surfaces to such a degree as to be incompatible with the primary use of
land for the production of food, other agricultural products, or fiber,
or the extraction of mineral resources, rural uses, rural development,
and natural resource lands designated pursuant to RCW 36.70A.170. A
pattern of more intensive rural development, as provided in RCW
36.70A.070(5)(d), is not urban growth. When allowed to spread over
wide areas, urban growth typically requires urban governmental
services. "Characterized by urban growth" refers to land having urban
growth located on it, or to land located in relationship to an area
with urban growth on it as to be appropriate for urban growth.
(((18))) (19) "Urban growth areas" means those areas designated by
a county pursuant to RCW 36.70A.110.
(((19))) (20) "Urban governmental services" or "urban services"
include those public services and public facilities at an intensity
historically and typically provided in cities, specifically including
storm and sanitary sewer systems, domestic water systems, street
cleaning services, fire and police protection services, public transit
services, and other public utilities associated with urban areas and
normally not associated with rural areas.
(((20))) (21) "Wetland" or "wetlands" means areas that are
inundated or saturated by surface water or ground water at a frequency
and duration sufficient to support, and that under normal circumstances
do support, a prevalence of vegetation typically adapted for life in
saturated soil conditions. Wetlands generally include swamps, marshes,
bogs, and similar areas. Wetlands do not include those artificial
wetlands intentionally created from nonwetland sites, including, but
not limited to, irrigation and drainage ditches, grass-lined swales,
canals, detention facilities, wastewater treatment facilities, farm
ponds, and landscape amenities, or those wetlands created after July 1,
1990, that were unintentionally created as a result of the construction
of a road, street, or highway. Wetlands may include those artificial
wetlands intentionally created from nonwetland areas created to
mitigate conversion of wetlands.
Sec. 2 RCW 36.70A.110 and 1997 c 429 s 24 are each amended to
read as follows:
(1) Each county that is required or chooses to plan under RCW
36.70A.040 shall designate an urban growth area or areas within which
urban growth shall be encouraged and outside of which growth can occur
only if it is not urban in nature. Each city that is located in such
a county shall be included within an urban growth area. An urban
growth area may include more than a single city. An urban growth area
may include territory that is located outside of a city only if such
territory already is characterized by urban growth whether or not the
urban growth area includes a city, or is adjacent to territory already
characterized by urban growth, or is a designated new fully contained
community as defined by RCW 36.70A.350.
(2) Based upon the growth management population projection made for
the county by the office of financial management, the county and each
city within the county shall include areas and densities sufficient to
permit the urban growth that is projected to occur in the county or
city for the succeeding twenty-year period. Each urban growth area
shall permit urban densities and shall include greenbelt and open space
areas. An urban growth area determination may include a reasonable
land market supply factor and shall permit a range of urban densities
and uses. In determining this market factor, cities and counties may
consider local circumstances. Cities and counties have discretion in
their comprehensive plans to make many choices about accommodating
growth.
Within one year of July 1, 1990, each county that as of June 1,
1991, was required or chose to plan under RCW 36.70A.040, shall begin
consulting with each city located within its boundaries and each city
shall propose the location of an urban growth area. Within sixty days
of the date the county legislative authority of a county adopts its
resolution of intention or of certification by the office of financial
management, all other counties that are required or choose to plan
under RCW 36.70A.040 shall begin this consultation with each city
located within its boundaries. The county shall attempt to reach
agreement with each city on the location of an urban growth area within
which the city is located. If such an agreement is not reached with
each city located within the urban growth area, the county shall
justify in writing why it so designated the area an urban growth area.
A city may object formally with the department over the designation of
the urban growth area within which it is located. Where appropriate,
the department shall attempt to resolve the conflicts, including the
use of mediation services.
(3) Urban growth should be located first in areas already
characterized by urban growth that have adequate existing public
facility and service capacities to serve such development, second in
areas already characterized by urban growth that will be served
adequately by a combination of both existing public facilities and
services and any additional needed public facilities and services that
are provided by either public or private sources, and third in the
remaining portions of the urban growth areas. Urban growth may also be
located in designated new fully contained communities as defined by RCW
36.70A.350.
(4) In general, cities are the units of local government most
appropriate to provide urban governmental services. In general, it is
not appropriate that urban governmental services be extended to or
expanded in rural areas except in those limited circumstances shown to
be necessary to protect basic public health and safety and the
environment and when such services are financially supportable at rural
densities and do not permit urban development.
(5) ((On or before October 1, 1993, each county that was initially
required to plan under RCW 36.70A.040(1) shall adopt development
regulations designating interim urban growth areas under this chapter.
Within three years and three months of the date the county legislative
authority of a county adopts its resolution of intention or of
certification by the office of financial management, all other counties
that are required or choose to plan under RCW 36.70A.040 shall adopt
development regulations designating interim urban growth areas under
this chapter. Adoption of the interim urban growth areas may only
occur after public notice; public hearing; and compliance with the
state environmental policy act, chapter 43.21C RCW, and RCW 36.70A.110.
Such action may be appealed to the appropriate growth management
hearings board under RCW 36.70A.280. Final urban growth areas shall be
adopted at the time of comprehensive plan adoption under this chapter.)) Each county shall include designations of urban growth areas
in its comprehensive plan.
(6)
Sec. 3 RCW 36.70A.130 and 2002 c 320 s 1 are each amended to read
as follows:
(1)(a) Each comprehensive land use plan and development regulations
shall be subject to continuing review and evaluation by the county or
city that adopted them. A county or city shall take legislative action
to review and, if needed, revise its comprehensive land use plan and
development regulations to ensure the plan and regulations comply with
the requirements of this chapter according to the time periods
specified in subsection (4) of this section. A county or city not
planning under RCW 36.70A.040 shall take action to review and, if
needed, revise its policies and development regulations regarding
critical areas and natural resource lands adopted according to this
chapter to ensure these policies and regulations comply with the
requirements of this chapter according to the time periods specified in
subsection (4) of this section. Legislative action means the adoption
of a resolution or ordinance following notice and a public hearing
indicating at a minimum, a finding that a review and evaluation has
occurred and identifying the revisions made, or that a revision was not
needed and the reasons therefore. The review and evaluation required
by this subsection may be combined with the review required by
subsection (3) of this section. The review and evaluation required by
this subsection shall include, but is not limited to, consideration of
critical area ordinances and, if planning under RCW 36.70A.040, an
analysis of the population allocated to a city or county from the most
recent ten-year population forecast by the office of financial
management.
(b) Any amendment of or revision to a comprehensive land use plan
shall conform to this chapter. Any amendment of or revision to
development regulations shall be consistent with and implement the
comprehensive plan.
(2)(a) Each county and city shall establish and broadly disseminate
to the public a public participation program consistent with RCW
36.70A.035 and 36.70A.140 that identifies procedures and schedules
whereby updates, proposed amendments, or revisions of the comprehensive
plan are considered by the governing body of the county or city no more
frequently than once every year. "Updates" means to review and revise,
if needed, according to subsection (1) of this section, and the time
periods specified in subsection (4) of this section. Amendments may be
considered more frequently than once per year under the following
circumstances:
(i) The initial adoption of a subarea plan that does not modify the
comprehensive plan policies and designations applicable to the subarea;
(ii) The adoption or amendment of a shoreline master program under
the procedures set forth in chapter 90.58 RCW; and
(iii) The amendment of the capital facilities element of a
comprehensive plan that occurs concurrently with the adoption or
amendment of a county or city budget.
(b) Except as otherwise provided in (a) of this subsection, all
proposals shall be considered by the governing body concurrently so the
cumulative effect of the various proposals can be ascertained.
However, after appropriate public participation a county or city may
adopt amendments or revisions to its comprehensive plan that conform
with this chapter whenever an emergency exists or to resolve an appeal
of a comprehensive plan filed ((with a growth management hearings board
or)) with the court.
(3) Each county that designates urban growth areas under RCW
36.70A.110 shall review, at least every ten years, its designated urban
growth area or areas, and the densities permitted within both the
incorporated and unincorporated portions of each urban growth area. In
conjunction with this review by the county, each city located within an
urban growth area shall review the densities permitted within its
boundaries, and the extent to which the urban growth occurring within
the county has located within each city and the unincorporated portions
of the urban growth areas. The county comprehensive plan designating
urban growth areas, and the densities permitted in the urban growth
areas by the comprehensive plans of the county and each city located
within the urban growth areas, shall be revised to accommodate the
urban growth projected to occur in the county for the succeeding
twenty-year period. The review required by this subsection may be
combined with the review and evaluation required by RCW 36.70A.215.
(4) The department shall establish a schedule for counties and
cities to take action to review and, if needed, revise their
comprehensive plans and development regulations to ensure the plan and
regulations comply with the requirements of this chapter. The schedule
established by the department shall provide for the reviews and
evaluations to be completed as follows:
(a) On or before December 1, 2004, and every seven years
thereafter, for Clallam, Clark, Jefferson, King, Kitsap, Pierce,
Snohomish, Thurston, and Whatcom counties and the cities within those
counties;
(b) On or before December 1, 2005, and every seven years
thereafter, for Cowlitz, Island, Lewis, Mason, San Juan, Skagit, and
Skamania counties and the cities within those counties;
(c) On or before December 1, 2006, and every seven years
thereafter, for Benton, Chelan, Douglas, Grant, Kittitas, Spokane, and
Yakima counties and the cities within those counties; and
(d) On or before December 1, 2007, and every seven years
thereafter, for Adams, Asotin, Columbia, Ferry, Franklin, Garfield,
Grays Harbor, Klickitat, Lincoln, Okanogan, Pacific, Pend Oreille,
Stevens, Wahkiakum, Walla Walla, and Whitman counties and the cities
within those counties.
(5)(a) Nothing in this section precludes a county or city from
conducting the review and evaluation required by this section before
the time limits established in subsection (4) of this section.
Counties and cities may begin this process early and may be eligible
for grants from the department, subject to available funding, if they
elect to do so.
(b) State agencies are encouraged to provide technical assistance
to the counties and cities in the review of critical area ordinances,
comprehensive plans, and development regulations.
(6) A county or city subject to the time periods in subsection
(4)(a) of this section that, pursuant to an ordinance adopted by the
county or city establishing a schedule for periodic review of its
comprehensive plan and development regulations, has conducted a review
and evaluation of its comprehensive plan and development regulations
and, on or after January 1, 2001, has taken action in response to that
review and evaluation shall be deemed to have conducted the first
review required by subsection (4)(a) of this section. Subsequent
review and evaluation by the county or city of its comprehensive plan
and development regulations shall be conducted in accordance with the
time periods established under subsection (4)(a) of this section.
(7) The requirements imposed on counties and cities under this
section shall be considered "requirements of this chapter" under the
terms of RCW 36.70A.040(1). Only those counties and cities in
compliance with the schedules in this section shall have the requisite
authority to receive grants, loans, pledges, or financial guarantees
from those accounts established in RCW 43.155.050 and 70.146.030. Only
those counties and cities in compliance with the schedules in this
section shall receive preference for grants or loans subject to the
provisions of RCW 43.17.250.
Sec. 4 RCW 36.70A.172 and 1995 c 347 s 105 are each amended to
read as follows:
(1) In designating and protecting critical areas under this
chapter, counties and cities shall include the best available science
in developing policies and development regulations to protect the
functions and values of critical areas. In addition, counties and
cities shall give special consideration to conservation or protection
measures necessary to preserve or enhance anadromous fisheries.
(2) ((If it determines that advice from scientific or other experts
is necessary or will be of substantial assistance in reaching its
decision, a growth management hearings board may retain)) Scientific or
other expert advice to assist in reviewing a petition under RCW
36.70A.290 that involves critical areas may be retained pursuant to the
standard rules of evidence governing superior courts in the state of
Washington.
Sec. 5 RCW 36.70A.210 and 1998 c 171 s 4 are each amended to read
as follows:
(1) The legislature recognizes that counties are regional
governments within their boundaries, and cities are primary providers
of urban governmental services within urban growth areas. For the
purposes of this section, a "county-wide planning policy" is a written
policy statement or statements used solely for establishing a county-wide framework from which county and city comprehensive plans are
developed and adopted pursuant to this chapter. This framework shall
ensure that city and county comprehensive plans are consistent as
required in RCW 36.70A.100. Nothing in this section shall be construed
to alter the land-use powers of cities.
(2) The legislative authority of a county that plans under RCW
36.70A.040 shall adopt a county-wide planning policy in cooperation
with the cities located in whole or in part within the county as
follows:
(a) No later than sixty calendar days from July 16, 1991, the
legislative authority of each county that as of June 1, 1991, was
required or chose to plan under RCW 36.70A.040 shall convene a meeting
with representatives of each city located within the county for the
purpose of establishing a collaborative process that will provide a
framework for the adoption of a county-wide planning policy. In other
counties that are required or choose to plan under RCW 36.70A.040, this
meeting shall be convened no later than sixty days after the date the
county adopts its resolution of intention or was certified by the
office of financial management.
(b) The process and framework for adoption of a county-wide
planning policy specified in (a) of this subsection shall determine the
manner in which the county and the cities agree to all procedures and
provisions including but not limited to desired planning policies,
deadlines, ratification of final agreements and demonstration thereof,
and financing, if any, of all activities associated therewith.
(c) If a county fails for any reason to convene a meeting with
representatives of cities as required in (a) of this subsection, the
governor may immediately impose any appropriate sanction or sanctions
on the county from those specified under RCW 36.70A.340.
(d) If there is no agreement by October 1, 1991, in a county that
was required or chose to plan under RCW 36.70A.040 as of June 1, 1991,
or if there is no agreement within one hundred twenty days of the date
the county adopted its resolution of intention or was certified by the
office of financial management in any other county that is required or
chooses to plan under RCW 36.70A.040, the governor shall first inquire
of the jurisdictions as to the reason or reasons for failure to reach
an agreement. If the governor deems it appropriate, the governor may
immediately request the assistance of the department of community,
trade, and economic development to mediate any disputes that preclude
agreement. If mediation is unsuccessful in resolving all disputes that
will lead to agreement, the governor may impose appropriate sanctions
from those specified under RCW 36.70A.340 on the county, city, or
cities for failure to reach an agreement as provided in this section.
The governor shall specify the reason or reasons for the imposition of
any sanction.
(e) No later than July 1, 1992, the legislative authority of each
county that was required or chose to plan under RCW 36.70A.040 as of
June 1, 1991, or no later than fourteen months after the date the
county adopted its resolution of intention or was certified by the
office of financial management the county legislative authority of any
other county that is required or chooses to plan under RCW 36.70A.040,
shall adopt a county-wide planning policy according to the process
provided under this section and that is consistent with the agreement
pursuant to (b) of this subsection, and after holding a public hearing
or hearings on the proposed county-wide planning policy.
(3) A county-wide planning policy shall at a minimum, address the
following:
(a) Policies to implement RCW 36.70A.110;
(b) Policies for promotion of contiguous and orderly development
and provision of urban services to such development;
(c) Policies for siting public capital facilities of a county-wide
or statewide nature, including transportation facilities of statewide
significance as defined in RCW 47.06.140;
(d) Policies for county-wide transportation facilities and
strategies;
(e) Policies that consider the need for affordable housing, such as
housing for all economic segments of the population and parameters for
its distribution;
(f) Policies for joint county and city planning within urban growth
areas;
(g) Policies for county-wide economic development and employment;
and
(h) An analysis of the fiscal impact.
(4) Federal agencies and Indian tribes may participate in and
cooperate with the county-wide planning policy adoption process.
Adopted county-wide planning policies shall be adhered to by state
agencies.
(5) Failure to adopt a county-wide planning policy that meets the
requirements of this section may result in the imposition of a sanction
or sanctions on a county or city within the county, as specified in RCW
36.70A.340. In imposing a sanction or sanctions, the governor shall
specify the reasons for failure to adopt a county-wide planning policy
in order that any imposed sanction or sanctions are fairly and
equitably related to the failure to adopt a county-wide planning
policy.
(6) Cities and the governor may appeal an adopted county-wide
planning policy to ((the growth management hearings board)) a superior
court within sixty days of the adoption of the county-wide planning
policy.
(7) Multicounty planning policies shall be adopted by two or more
counties, each with a population of four hundred fifty thousand or
more, with contiguous urban areas and may be adopted by other counties,
according to the process established under this section or other
processes agreed to among the counties and cities within the affected
counties throughout the multicounty region.
Sec. 6 RCW 36.70A.250 and 1994 c 249 s 29 are each amended to
read as follows:
(((1) There are hereby created three growth management hearings
boards for the state of Washington. The boards shall be established as
follows:))
(a) An Eastern Washington board with jurisdictional boundaries
including all counties that are required to or choose to plan under RCW
36.70A.040 and are located east of the crest of the Cascade mountains;
(b) A Central Puget Sound board with jurisdictional boundaries
including King, Pierce, Snohomish, and Kitsap counties; and
(c) A Western Washington board with jurisdictional boundaries
including all counties that are required or choose to plan under RCW
36.70A.040 and are located west of the crest of the Cascade mountains
and are not included in the Central Puget Sound board jurisdictional
boundaries. Skamania county, should it be required or choose to plan
under RCW 36.70A.040, may elect to be included within the
jurisdictional boundaries of either the Western or Eastern board.
(2) Each board shall only hear matters pertaining to the cities and
counties located within its jurisdictional boundaries.
(1) The existence of growth management hearings boards in the state
of Washington shall terminate on the effective date of this section.
(2) On and after the effective date of this section, all matters
that previously fell within the jurisdiction of a growth management
hearings board shall be heard by a superior court of the state of
Washington.
(3) All matters pending before a growth management hearings board
as of the effective date of this section must be refiled with a
superior court.
Sec. 7 RCW 36.70A.280 and 1996 c 325 s 2 are each amended to read
as follows:
(1) The superior court shall have exclusive jurisdiction over all
petitions for review.
(2) A ((growth management hearings board)) superior court shall
hear and determine only those petitions alleging either:
(a) That a state agency, county, or city planning under this
chapter is not in compliance with the requirements of this chapter,
chapter 90.58 RCW as it relates to the adoption of shoreline master
programs or amendments thereto, or chapter 43.21C RCW as it relates to
plans, development regulations, or amendments, adopted under RCW
36.70A.040 or chapter 90.58 RCW; or
(b) That the twenty-year growth management planning population
projections adopted by the office of financial management pursuant to
RCW 43.62.035 should be adjusted.
(((2))) (3) A petition may be filed only by: (a) The state, or a
county or city that plans under this chapter; (b) a person who has
participated orally or in writing before the county or city regarding
the matter on which a review is being requested; (c) a person who is
certified by the governor within sixty days of filing the request with
the ((board)) court; or (d) a person qualified pursuant to RCW
34.05.530.
(((3))) (4) For purposes of this section "person" means any
individual, partnership, corporation, association, state agency,
governmental subdivision or unit thereof, or public or private
organization or entity of any character.
(((4))) (5) When considering a possible adjustment to a growth
management planning population projection prepared by the office of
financial management, a ((board)) court shall consider the implications
of any such adjustment to the population forecast for the entire state.
The rationale for any adjustment that is adopted by a ((board))
court must be documented and filed with the office of financial
management within ten working days after adoption.
If adjusted by a ((board)) court, a county growth management
planning population projection shall only be used for the planning
purposes set forth in this chapter and shall be known as a "((board))
judicially adjusted population projection". None of these changes
shall affect the official state and county population forecasts
prepared by the office of financial management, which shall continue to
be used for state budget and planning purposes.
(6) Except as otherwise provided in (a) and (b) of this subsection,
the provisions of RCW 36.70A.280 through 36.70A.330 specify the nature
and extent of judicial review by a superior court.
(a) The superior court:
(i) Shall have jurisdiction to directly review or modify an office
of financial management population projection; and
(ii) Shall give a compliance hearing under RCW 36.70A.330(2) the
highest priority of all civil matters before the court.
(b) An aggrieved party may secure appellate review of a final
judgment of the superior court under this section by the supreme court
or the court of appeals. The review shall be secured in the manner
provided by law for review of superior court decisions in other civil
cases.
(7) If, following a compliance hearing, the superior court finds
that the state agency, county, or city is not in compliance with the
court's prior order, the superior court must issue a final judgment as
provided in RCW 36.70A.300.
(8) The superior court shall transmit a copy of its decision and
order on review to the department and the governor. If the court has
determined that a county or city is not in compliance with the
provisions of this chapter, the governor may impose sanctions against
the county or city.
(9) After the court has assumed jurisdiction over a petition for
review under this section, the superior court civil rules shall govern
a request for intervention and all other procedural matters not
specifically provided for in this section.
Sec. 8 RCW 36.70A.290 and 1997 c 429 s 12 are each amended to
read as follows:
(1) All requests for review to a ((growth management hearings
board)) superior court shall be initiated by filing a petition with the
superior court that includes a detailed statement of issues presented
for resolution by the ((board)) court. ((The board shall render
written decisions articulating the basis for its holdings. The board
shall not issue advisory opinions on issues not presented to the board
in the statement of issues, as modified by any prehearing order.))
(2) All petitions relating to whether or not an adopted
comprehensive plan, development regulation, or permanent amendment
thereto, is in compliance with the goals and requirements of this
chapter or chapter 90.58 or 43.21C RCW must be filed within sixty days
after publication by the legislative bodies of the county or city.
(a) Except as provided in (c) of this subsection, the date of
publication for a city shall be the date the city publishes the
ordinance, or summary of the ordinance, adopting the comprehensive plan
or development regulations, or amendment thereto, as is required to be
published.
(b) Promptly after adoption, a county shall publish a notice that
it has adopted the comprehensive plan or development regulations, or
amendment thereto.
Except as provided in (c) of this subsection, for purposes of this
section the date of publication for a county shall be the date the
county publishes the notice that it has adopted the comprehensive plan
or development regulations, or amendment thereto.
(c) For local governments planning under RCW 36.70A.040, promptly
after approval or disapproval of a local government's shoreline master
program or amendment thereto by the department of ecology as provided
in RCW 90.58.090, the local government shall publish a notice that the
shoreline master program or amendment thereto has been approved or
disapproved by the department of ecology. For purposes of this
section, the date of publication for the adoption or amendment of a
shoreline master program is the date the local government publishes
notice that the shoreline master program or amendment thereto has been
approved or disapproved by the department of ecology.
(3) ((Unless the board dismisses the petition as frivolous or finds
that the person filing the petition lacks standing, or the parties have
filed an agreement to have the case heard in superior court as provided
in RCW 36.70A.295, the board shall, within ten days of receipt of the
petition, set a time for hearing the matter.)) Consistent with the
requirements of the superior court civil rules, the superior court may
consolidate a petition subject to direct review under this section with
a separate action filed in the superior court.
(4) The board shall base its decision on the record developed by
the city, county, or the state and supplemented with additional
evidence if the board determines that such additional evidence would be
necessary or of substantial assistance to the board in reaching its
decision.
(5) The board, shall consolidate, when appropriate, all petitions
involving the review of the same comprehensive plan or the same
development regulation or regulations.
Sec. 9 RCW 36.70A.300 and 1997 c 429 s 14 are each amended to
read as follows:
(1) The ((board)) court shall issue a final ((order)) judgment that
shall be based exclusively on whether or not a state agency, county, or
city is in compliance with the requirements of this chapter, chapter
90.58 RCW as it relates to adoption or amendment of shoreline master
programs, or chapter 43.21C RCW as it relates to adoption of plans,
development regulations, and amendments thereto, under RCW 36.70A.040
or chapter 90.58 RCW.
(2)(((a) Except as provided in (b) of this subsection, the final
order shall be issued within one hundred eighty days of receipt of the
petition for review, or, if multiple petitions are filed, within one
hundred eighty days of receipt of the last petition that is
consolidated.)) The ((
(b)board)) court may extend the period of time for issuing
a decision to enable the parties to settle the dispute if additional
time is necessary to achieve a settlement, and (i) an extension is
requested by all parties, or (ii) an extension is requested by the
petitioner and respondent and the ((board)) court determines that a
negotiated settlement between the remaining parties could resolve
significant issues in dispute. ((The request must be filed with the
board not later than seven days before the date scheduled for the
hearing on the merits of the petition. The board may authorize one or
more extensions for up to ninety days each, subject to the requirements
of this section.))
(3) In the final ((order)) judgment, the ((board)) court shall
either:
(a) Find that the state agency, county, or city is in compliance
with the requirements of this chapter, chapter 90.58 RCW as it relates
to the adoption or amendment of shoreline master programs, or chapter
43.21C RCW as it relates to adoption of plans, development regulations,
and amendments thereto, under RCW 36.70A.040 or chapter 90.58 RCW; or
(b) Find that the state agency, county, or city is not in
compliance with the requirements of this chapter, chapter 90.58 RCW as
it relates to the adoption or amendment of shoreline master programs,
or chapter 43.21C RCW as it relates to adoption of plans, development
regulations, and amendments thereto, under RCW 36.70A.040 or chapter
90.58 RCW, in which case the ((board)) court shall remand the matter to
the affected state agency, county, or city. The ((board)) court shall
specify a reasonable time not in excess of one hundred eighty days, or
such longer period as determined by the ((board)) court in cases of
unusual scope or complexity, within which the state agency, county, or
city shall comply with the requirements of this chapter. The ((board))
court may require periodic reports to the ((board)) court on the
progress the jurisdiction is making towards compliance.
(4) Unless the ((board)) court makes a determination of invalidity
as provided in RCW 36.70A.302, a finding of noncompliance and an order
of remand shall not affect the validity of comprehensive plans and
development regulations during the period of remand.
(5) Any party aggrieved by a final decision of the ((hearings
board)) court may appeal the decision ((to superior court as provided
in RCW 34.05.514 or 36.01.050 within thirty days of the final order of
the board)) as provided in RCW 36.70A.280(6)(b).
Sec. 10 RCW 36.70A.302 and 1997 c 429 s 16 are each amended to
read as follows:
(1) A ((board)) court may determine that part or all of a
comprehensive plan or development regulations are invalid if the
((board)) court:
(a) Makes a finding of noncompliance and issues an order of remand
under RCW 36.70A.300;
(b) Includes in the final order a determination, supported by
findings of fact and conclusions of law, that the continued validity of
part or parts of the plan or regulation would substantially interfere
with the fulfillment of the goals of this chapter; and
(c) Specifies in the final order the particular part or parts of
the plan or regulation that are determined to be invalid, and the
reasons for their invalidity.
(2) A determination of invalidity is prospective in effect and does
not extinguish rights that vested under state or local law before
receipt of the ((board's)) court's order by the city or county. The
determination of invalidity does not apply to a completed development
permit application for a project that vested under state or local law
before receipt of the ((board's)) court's order by the county or city
or to related construction permits for that project.
(3)(a) Except as otherwise provided in subsection (2) of this
section and (b) of this subsection, a development permit application
not vested under state or local law before receipt of the ((board's))
court's order by the county or city vests to the local ordinance or
resolution that is determined by the ((board)) court not to
substantially interfere with the fulfillment of the goals of this
chapter.
(b) Even though the application is not vested under state or local
law before receipt by the county or city of the ((board's)) court's
order, a determination of invalidity does not apply to a development
permit application for:
(i) A permit for construction by any owner, lessee, or contract
purchaser of a single-family residence for his or her own use or for
the use of his or her family on a lot existing before receipt by the
county or city of the ((board's)) court's order, except as otherwise
specifically provided in the ((board's)) court's order to protect the
public health and safety;
(ii) A building permit and related construction permits for
remodeling, tenant improvements, or expansion of an existing structure
on a lot existing before receipt of the ((board's)) court's order by
the county or city; and
(iii) A boundary line adjustment or a division of land that does
not increase the number of buildable lots existing before receipt of
the ((board's)) court's order by the county or city.
(4) If the ordinance that adopts a plan or development regulation
under this chapter includes a savings clause intended to revive prior
policies or regulations in the event the new plan or regulations are
determined to be invalid, the ((board)) court shall determine under
subsection (1) of this section whether the prior policies or
regulations are valid during the period of remand.
(5) A county or city subject to a determination of invalidity may
adopt interim controls and other measures to be in effect until it
adopts a comprehensive plan and development regulations that comply
with the requirements of this chapter. A development permit
application may vest under an interim control or measure upon
determination by the ((board)) court that the interim controls and
other measures do not substantially interfere with the fulfillment of
the goals of this chapter.
(6) A county or city subject to a determination of invalidity may
file a motion requesting that the ((board)) court clarify, modify, or
rescind the ((order)) judgment. The ((board)) court shall
expeditiously schedule a hearing on the motion. At the hearing on the
motion, the parties may present information to the ((board)) court to
clarify the part or parts of the comprehensive plan or development
regulations to which the final ((order)) judgment applies. ((The board
shall issue any supplemental order based on the information provided at
the hearing not later than thirty days after the date of the hearing.))
(7)(a) If a determination of invalidity has been made and the
county or city has enacted an ordinance or resolution amending the
invalidated part or parts of the plan or regulation or establishing
interim controls on development affected by the order of invalidity,
after a compliance hearing, the ((board)) court shall modify or rescind
the determination of invalidity if it determines under the standard in
subsection (1) of this section that the plan or regulation, as amended
or made subject to such interim controls, will no longer substantially
interfere with the fulfillment of the goals of this chapter.
(b) If the ((board)) court determines that part or parts of the
plan or regulation are no longer invalid as provided in this
subsection, but does not find that the plan or regulation is in
compliance with all of the requirements of this chapter, the ((board))
court, in its ((order)) final judgment, may require periodic reports to
the ((board)) court on the progress the jurisdiction is making towards
compliance.
Sec. 11 RCW 36.70A.310 and 1994 c 249 s 32 are each amended to
read as follows:
A request for review by the state to a ((growth management hearings
board)) superior court may be made only by the governor, or with the
governor's consent the head of an agency, or by the commissioner of
public lands as relating to state trust lands, for the review of
whether: (1) A county or city that is required or chooses to plan
under RCW 36.70A.040 has failed to adopt a comprehensive plan or
development regulations, or county-wide planning policies within the
time limits established by this chapter; or (2) a county or city that
is required or chooses to plan under this chapter has adopted a
comprehensive plan, development regulations, or county-wide planning
policies, that are not in compliance with the requirements of this
chapter.
Sec. 12 RCW 36.70A.320 and 1997 c 429 s 20 are each amended to
read as follows:
(1) Except as provided in subsection (5) of this section,
comprehensive plans and development regulations, and amendments
thereto, adopted under this chapter are presumed valid upon adoption.
(2) Except as otherwise provided in subsection (4) of this section,
the burden is on the petitioner to demonstrate that any action taken by
a state agency, county, or city under this chapter is not in compliance
with the requirements of this chapter.
(3) In any petition under this chapter, the ((board)) court, after
full consideration of the petition, shall determine whether there is
compliance with the requirements of this chapter. In making its
determination, the ((board)) court shall consider the criteria adopted
by the department under RCW 36.70A.190(4). The ((board)) court shall
find compliance unless it determines that the action by the state
agency, county, or city is clearly erroneous in view of the entire
record before the ((board)) court and in light of the goals and
requirements of this chapter.
(4) A county or city subject to a determination of invalidity made
under RCW 36.70A.300 or 36.70A.302 has the burden of demonstrating that
the ordinance or resolution it has enacted in response to the
determination of invalidity will no longer substantially interfere with
the fulfillment of the goals of this chapter under the standard in RCW
36.70A.302(1).
(5) The shoreline element of a comprehensive plan and the
applicable development regulations adopted by a county or city shall
take effect as provided in chapter 90.58 RCW.
Sec. 13 RCW 36.70A.330 and 1997 c 429 s 21 are each amended to
read as follows:
(1) After the time set for complying with the requirements of this
chapter under RCW 36.70A.300(3)(b) has expired, or at an earlier time
upon the motion of a county or city subject to a determination of
invalidity under RCW 36.70A.300, the ((board)) court shall set a
hearing for the purpose of determining whether the state agency,
county, or city is in compliance with the requirements of this chapter.
(2) The ((board)) court shall conduct a hearing and issue a finding
of compliance or noncompliance with the requirements of this chapter
and with any compliance schedule established by the ((board)) court in
its final ((order)) judgment. A person with standing to challenge the
legislation enacted in response to the ((board's)) court's final
((order)) judgment may participate in the hearing along with the
petitioner and the state agency, county, or city. A hearing under this
subsection shall be given the highest priority of business to be
conducted by the ((board, and a finding shall be issued within forty-five days of the filing of the motion under subsection (1) of this
section with the board)) court. The ((board)) court shall issue any
order necessary to make adjustments to the compliance schedule and set
additional hearings as provided in subsection (5) of this section.
(3) If the ((board)) court after a compliance hearing finds that
the state agency, county, or city is not in compliance, the ((board))
court shall transmit its finding to the governor. The ((board)) court
may recommend to the governor that the sanctions authorized by this
chapter be imposed. The ((board)) court shall take into consideration
the county's or city's efforts to meet its compliance schedule in
making the decision to recommend sanctions to the governor.
(4) In a compliance hearing upon petition of a party, the ((board))
court shall also reconsider its final order and decide, if no
determination of invalidity has been made, whether one now should be
made under RCW 36.70A.302.
(5) The ((board)) court shall schedule additional hearings as
appropriate pursuant to subsections (1) and (2) of this section.
Sec. 14 RCW 36.70A.340 and 1991 sp.s. c 32 s 26 are each amended
to read as follows:
Upon receipt from the ((board)) court of a finding that a state
agency, county, or city is in noncompliance under RCW 36.70A.330, or as
a result of failure to meet the requirements of RCW 36.70A.210, the
governor may either:
(1) Notify and direct the director of the office of financial
management to revise allotments in appropriation levels;
(2) Notify and direct the state treasurer to withhold the portion
of revenues to which the county or city is entitled under one or more
of the following: The motor vehicle fuel tax, as provided in chapter
82.36 RCW; the transportation improvement account, as provided in RCW
47.26.084; the urban arterial trust account, as provided in RCW
47.26.080; the rural arterial trust account, as provided in RCW
36.79.150; the sales and use tax, as provided in chapter 82.14 RCW; the
liquor profit tax, as provided in RCW 66.08.190; and the liquor excise
tax, as provided in RCW 82.08.170; or
(3) File a notice of noncompliance with the secretary of state and
the county or city, which shall temporarily rescind the county or
city's authority to collect the real estate excise tax under RCW
82.46.030 until the governor files a notice rescinding the notice of
noncompliance.
Sec. 15 RCW 36.70A.345 and 1994 c 249 s 33 are each amended to
read as follows:
The governor may impose a sanction or sanctions specified under RCW
36.70A.340 on: (1) A county or city that fails to designate critical
areas, agricultural lands, forest lands, or mineral resource lands
under RCW 36.70A.170 by the date such action was required to have been
taken; (2) a county or city that fails to adopt development regulations
under RCW 36.70A.060 protecting critical areas or conserving
agricultural lands, forest lands, or mineral resource lands by the date
such action was required to have been taken; (3) a county that fails to
designate urban growth areas under RCW 36.70A.110 by the date such
action was required to have been taken; and (4) a county or city that
fails to adopt its comprehensive plan or development regulations when
such actions are required to be taken.
Imposition of a sanction or sanctions under this section shall be
preceded by written findings by the governor, that either the county or
city is not proceeding in good faith to meet the requirements of the
act; or that the county or city has unreasonably delayed taking the
required action. The governor shall consult with and communicate his
or her findings to the appropriate ((growth management hearings board))
superior court prior to imposing the sanction or sanctions. For those
counties or cities that are not required to plan or have not opted in,
the governor in imposing sanctions shall consider the size of the
jurisdiction relative to the requirements of this chapter and the
degree of technical and financial assistance provided.
Sec. 16 RCW 36.70C.030 and 1995 c 347 s 704 are each amended to
read as follows:
(1) This chapter replaces the writ of certiorari for appeal of land
use decisions and shall be the exclusive means of judicial review of
land use decisions, except that this chapter does not apply to:
(a) Judicial review of:
(i) Land use decisions made by bodies that are not part of a local
jurisdiction;
(ii) Land use decisions of a local jurisdiction that are subject to
review by a quasi-judicial body created by state law, such as the
shorelines hearings board ((or the growth management hearings board));
(b) Judicial review of applications for a writ of mandamus or
prohibition; or
(c) Claims provided by any law for monetary damages or
compensation. If one or more claims for damages or compensation are
set forth in the same complaint with a land use petition brought under
this chapter, the claims are not subject to the procedures and
standards, including deadlines, provided in this chapter for review of
the petition. The judge who hears the land use petition may, if
appropriate, preside at a trial for damages or compensation.
(2) The superior court civil rules govern procedural matters under
this chapter to the extent that the rules are consistent with this
chapter.
Sec. 17 RCW 34.05.518 and 1995 c 382 s 5 are each amended to read
as follows:
(1) The final decision of an administrative agency in an
adjudicative proceeding under this chapter may be directly reviewed by
the court of appeals either (a) upon certification by the superior
court pursuant to this section or (b) if the final decision is from an
environmental board as defined in subsection (3) of this section, upon
acceptance by the court of appeals after a certificate of appealability
has been filed by the environmental board that rendered the final
decision.
(2) For direct review upon certification by the superior court, an
application for direct review must be filed with the superior court
within thirty days of the filing of the petition for review in superior
court. The superior court may certify a case for direct review only if
the judicial review is limited to the record of the agency proceeding
and the court finds that:
(a) Fundamental and urgent issues affecting the future
administrative process or the public interest are involved which
require a prompt determination;
(b) Delay in obtaining a final and prompt determination of such
issues would be detrimental to any party or the public interest;
(c) An appeal to the court of appeals would be likely regardless of
the determination in superior court; and
(d) The appellate court's determination in the proceeding would
have significant precedential value.
Procedures for certification shall be established by court rule.
(3)(a) For the purposes of direct review of final decisions of
environmental boards, environmental boards include those boards
identified in RCW 43.21B.005 ((and growth management hearings boards as
identified in RCW 36.70A.250)).
(b) An environmental board may issue a certificate of appealability
if it finds that delay in obtaining a final and prompt determination of
the issues would be detrimental to any party or the public interest and
either:
(i) Fundamental and urgent statewide or regional issues are raised;
or
(ii) The proceeding is likely to have significant precedential
value.
(4) The environmental board shall state in the certificate of
appealability which criteria it applied, explain how that criteria was
met, and file with the certificate a copy of the final decision.
(5) For an appellate court to accept direct review of a final
decision of an environmental board, it shall consider the same criteria
outlined in subsection (3) of this section.
(6) The procedures for direct review of final decisions of
environmental boards include:
(a) Within thirty days after filing the petition for review with
the superior court, a party may file an application for direct review
with the superior court and serve the appropriate environmental board
and all parties of record. The application shall request the
environmental board to file a certificate of appealability.
(b) If an issue on review is the jurisdiction of the environmental
board, the board may file an application for direct review on that
issue.
(c) The environmental board shall have thirty days to grant or deny
the request for a certificate of appealability and its decision shall
be filed with the superior court and served on all parties of record.
(d) If a certificate of appealability is issued, the parties shall
have fifteen days from the date of service to file a notice of
discretionary review in the superior court, and the notice shall
include a copy of the certificate of appealability and a copy of the
final decision.
(e) If the appellate court accepts review, the certificate of
appealability shall be transmitted to the court of appeals as part of
the certified record.
(f) If a certificate of appealability is denied, review shall be by
the superior court. The superior court's decision may be appealed to
the court of appeals.
Sec. 18 RCW 34.12.020 and 1995 c 331 s 1 are each amended to read
as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout this chapter.
(1) "Office" means the office of administrative hearings.
(2) "Administrative law judge" means any person appointed by the
chief administrative law judge to conduct or preside over hearings as
provided in this chapter.
(3) "Hearing" means an adjudicative proceeding within the meaning
of RCW 34.05.010(1) conducted by a state agency under RCW 34.05.413
through 34.05.476.
(4) "State agency" means any state board, commission, department,
or officer authorized by law to make rules or to conduct adjudicative
proceedings, except those in the legislative or judicial branches,
((the growth management hearings boards,)) the utilities and
transportation commission, the pollution control hearings board, the
shorelines hearings board, the forest practices appeals board, the
environmental hearings office, the board of industrial insurance
appeals, the Washington personnel resources board, the public
employment relations commission, the personnel appeals board, and the
board of tax appeals.
Sec. 19 RCW 34.12.020 and 2002 c 354 s 226 are each amended to
read as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout this chapter.
(1) "Office" means the office of administrative hearings.
(2) "Administrative law judge" means any person appointed by the
chief administrative law judge to conduct or preside over hearings as
provided in this chapter.
(3) "Hearing" means an adjudicative proceeding within the meaning
of RCW 34.05.010(1) conducted by a state agency under RCW 34.05.413
through 34.05.476.
(4) "State agency" means any state board, commission, department,
or officer authorized by law to make rules or to conduct adjudicative
proceedings, except those in the legislative or judicial branches,
((the growth management hearings boards,)) the utilities and
transportation commission, the pollution control hearings board, the
shorelines hearings board, the forest practices appeals board, the
environmental hearings office, the board of industrial insurance
appeals, the Washington personnel resources board, the public
employment relations commission, and the board of tax appeals.
Sec. 20 RCW 35.81.060 and 2002 c 218 s 6 are each amended to read
as follows:
(1) A municipality shall not approve a community renewal project
for a community renewal area unless the local governing body has, by
ordinance or resolution, determined such an area to be a blighted area
and designated the area as appropriate for a community renewal project.
The local governing body shall not approve a community renewal plan
until a comprehensive plan or parts of the plan for an area which would
include a community renewal area for the municipality have been
prepared as provided in chapter 36.70A RCW. For municipalities not
subject to the planning requirements of chapter 36.70A RCW, any
proposed comprehensive plan must be consistent with a local
comprehensive plan adopted under chapter 35.63 or 36.70 RCW, or any
other applicable law. A municipality shall not acquire real property
for a community renewal project unless the local governing body has
approved the community renewal project plan in accordance with
subsection (4) of this section.
(2) The municipality may itself prepare or cause to be prepared a
community renewal plan, or any person or agency, public or private, may
submit such a plan to the municipality. Prior to its approval of a
community renewal project, the local governing body shall review and
determine the conformity of the community renewal plan with the
comprehensive plan or parts thereof for the development of the
municipality as a whole. If the community renewal plan is not
consistent with the existing comprehensive plan, the local governing
body may amend its comprehensive plan or community renewal plan.
(3) Prior to adoption, the local governing body shall hold a public
hearing on a community renewal plan after providing public notice. The
notice shall be given by publication once each week for two consecutive
weeks not less than ten nor more than thirty days prior to the date of
the hearing in a newspaper having a general circulation in the
community renewal area of the municipality and by mailing a notice of
the hearing not less than ten days prior to the date of the hearing to
the persons whose names appear on the county treasurer's tax roll as
the owner or reputed owner of the property, at the address shown on the
tax roll. The notice shall describe the time, date, place, and purpose
of the hearing, shall generally identify the community renewal area
affected, and shall outline the general scope of the community renewal
plan under consideration.
(4) Following the hearing, the local governing body may approve a
community renewal project if it finds that (a) a feasible plan exists
for making available adequate housing for the residents who may be
displaced by the project; (b) the community renewal plan conforms to
the comprehensive plan for the municipality; (c) the community renewal
plan will afford maximum opportunity, consistent with the needs of the
municipality, for the rehabilitation or redevelopment of the community
renewal area by private enterprise; (d) a sound and adequate financial
program exists for the financing of the project; and (e) the community
renewal project area is a blighted area as defined in RCW 35.81.015(2).
(5) A community renewal project plan may be modified at any time by
the local governing body. However, if modified after the lease or sale
by the municipality of real property in the community renewal project
area, the modification shall be subject to the rights at law or in
equity as a lessee or purchaser, or the successor or successors in
interest may be entitled to assert.
(6) Unless otherwise expressly stated in an ordinance or resolution
of the governing body of the municipality, a community renewal plan
shall not be considered a subarea plan or part of a comprehensive plan
for purposes of chapter 36.70A RCW. However, a municipality that has
adopted a comprehensive plan under chapter 36.70A RCW may adopt all or
part of a community renewal plan at any time as a new or amended
subarea plan, whether or not any subarea plan has previously been
adopted for all or part of the community renewal area. Any community
renewal plan so adopted, unless otherwise determined by ((the growth
management hearings board)) a superior court with jurisdiction under a
timely appeal in RCW 36.70A.280, shall be conclusively presumed to
comply with the requirements in this chapter for consistency with the
comprehensive plan.
Sec. 21 RCW 90.58.190 and 1995 c 347 s 311 are each amended to
read as follows:
(1) The appeal of the department's decision to adopt a master
program or amendment pursuant to RCW 90.58.070(2) or 90.58.090(4) is
governed by RCW 34.05.510 through 34.05.598.
(2)(a) The department's decision to approve, reject, or modify a
proposed master program or amendment adopted by a local government
planning under RCW 36.70A.040 shall be appealed to the ((growth
management hearings board)) superior court with jurisdiction over the
local government. The appeal shall be initiated by filing a petition
as provided in RCW 36.70A.250 through 36.70A.320.
(b) If the appeal to the ((growth management hearings board))
superior court concerns shorelines, the ((growth management hearings
board)) superior court shall review the proposed master program or
amendment for compliance with the requirements of this chapter and
chapter 36.70A RCW, the policy of RCW 90.58.020 and the applicable
guidelines, and chapter 43.21C RCW as it relates to the adoption of
master programs and amendments under chapter 90.58 RCW.
(c) If the appeal to the ((growth management hearings board))
superior court concerns a shoreline of statewide significance, the
((board)) court shall uphold the decision by the department unless the
((board)) court, by clear and convincing evidence, determines that the
decision of the department is inconsistent with the policy of RCW
90.58.020 and the applicable guidelines.
(d) The appellant has the burden of proof in all appeals to the
((growth management hearings board)) superior court under this
subsection.
(e) Any party aggrieved by a final decision of ((a growth
management hearings board)) the superior court under this subsection
may appeal the decision to superior court as provided in RCW
36.70A.300.
(3)(a) The department's decision to approve, reject, or modify a
proposed master program or master program amendment by a local
government not planning under RCW 36.70A.040 shall be appealed to the
shorelines hearings board by filing a petition within thirty days of
the date of the department's written notice to the local government of
the department's decision to approve, reject, or modify a proposed
master program or master program amendment as provided in RCW
90.58.090(2).
(b) In an appeal relating to shorelines, the shorelines hearings
board shall review the proposed master program or master program
amendment and, after full consideration of the presentations of the
local government and the department, shall determine the validity of
the local government's master program or amendment in light of the
policy of RCW 90.58.020 and the applicable guidelines.
(c) In an appeal relating to shorelines of statewide significance,
the shorelines hearings board shall uphold the decision by the
department unless the board determines, by clear and convincing
evidence that the decision of the department is inconsistent with the
policy of RCW 90.58.020 and the applicable guidelines.
(d) Review by the shorelines hearings board shall be considered an
adjudicative proceeding under chapter 34.05 RCW, the Administrative
Procedure Act. The aggrieved local government shall have the burden of
proof in all such reviews.
(e) Whenever possible, the review by the shorelines hearings board
shall be heard within the county where the land subject to the proposed
master program or master program amendment is primarily located. The
department and any local government aggrieved by a final decision of
the hearings board may appeal the decision to superior court as
provided in chapter 34.05 RCW.
(4) A master program amendment shall become effective after the
approval of the department or after the decision of the shorelines
hearings board to uphold the master program or master program
amendment, provided that the board may remand the master program or
master program adjustment to the local government or the department for
modification prior to the final adoption of the master program or
master program amendment.
NEW SECTION. Sec. 22 The following acts or parts of acts are
each repealed:
(1) RCW 36.70A.260 (Growth management hearings boards--Qualifications) and 1994 c 249 s 30 & 1991 sp.s. c 32 s 6;
(2) RCW 36.70A.270 (Growth management hearings boards -- Conduct,
procedure, and compensation) and 1997 c 429 s 11, 1996 c 325 s 1, 1994
c 257 s 1, & 1991 sp.s. c 32 s 7;
(3) RCW 36.70A.295 (Direct judicial review) and 1997 c 429 s 13;
and
(4) RCW 36.70A.305 (Expedited review) and 1996 c 325 s 4.
NEW SECTION. Sec. 23 Section 18 of this act expires July 1,
2006.
NEW SECTION. Sec. 24 Section 19 of this act takes effect July 1,
2006.