SENATE BILL REPORT

SB 5519

BYSenators Halsan and McCaslin

Providing for vesting of rights in specified situations.

Senate Committee on Governmental Operations

Senate Hearing Date(s):February 19, 1987; February 24, 1987

Majority Report:  That Substitute Senate Bill No. 5519 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Halsan, Chairman; Garrett, Vice Chairman; DeJarnatt, McCaslin, Pullen.

Senate Staff:Walt Corneille (786-7452); Sam Thompson (786-7754)

                  February 25, 1987

AS REPORTED BY COMMITTEE ON GOVERNMENTAL OPERATIONS, FEBRUARY 24, 1987

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 frustrated 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 plat 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.

A fully complete building permit application for a structure that is permitted under zoning or other land use ordinance, in effect at the time of the application, shall be considered under those ordinances.  A proposed division of land must also be considered under the ordinances in effect on that land at the time a fully completed application for a preliminary plat or short plat subdivision is submitted to the appropriate official.

EFFECT OF PROPOSED SUBSTITUTE:

The requirements for a fully completed building permit application or preliminary or short plat application is defined by local ordinances.  Ordinances setting forth the requirements shall not include conditions imposed upon a building permit or a preliminary or short plat by the State Environmental Protection Act.

Further technical amendments are included to clarify the intent of the bill.

Fiscal Note:      none requested

Senate Committee - Testified: Jim Williams, Association of Counties; Mark Triplett, Homebuilders; Doug Baker, Association of Cities