FINAL BILL REPORT

SSB 5519

                                  C 104 L 87

BYSenate Committee on Governmental Operations (originally sponsored by Senators Halsan and McCaslin)

Providing for vesting of rights in specified situations.

Senate Committee on Governmental Operations

House Committe on Local Government

SYNOPSIS AS ENACTED

BACKGROUND:

Washington State has adhered to the current vested rights doctrine since the Supreme Court case of State ex rel. Ogden v. Bellevue, 45 Wn.2d 492 (1954).  The doctrine provides that a party filing a timely and sufficiently complete building permit application obtains a vested right to have that application processed according to zoning, land use and building ordinances in effect at the time of the application.  The doctrine is applicable if the permit application is sufficiently complete, complies with existing zoning ordinances and building codes, and is filed during the period the zoning ordinances under which the developer seeks to develop are in effect.  If a developer complies with these requirements, a project cannot be obstructed by enacting new zoning ordinances or building codes.  West Main Associates v. Bellevue, 106 Wn.2d 47 (1986).

The vesting of rights doctrine has not been applied to applications for preliminary or short plat approval.

SUMMARY:

The vested rights doctrine established by case law is made statutory, with the additional requirement that a permit application be fully completed for the doctrine to apply.  The vesting of rights doctrine is extended to applications for preliminary or short plat approval.  The requirements for a fully completed building permit application or preliminary or short plat application shall be defined by local ordinance.

Limitations contained in sections 1 and 2 shall not restrict conditions imposed under the State Environmental Protection Act.

VOTES ON FINAL PASSAGE:

      Senate    46     1

      House 97   0 (House amended)

      Senate    49     0 (Senate concurred)

EFFECTIVE:July 26, 1987