H-537                _______________________________________________

                                                    HOUSE BILL NO. 185

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Representatives Nutley, May, Zellinsky, J. Williams, Hine, Haugen, Heavey and Cooper

Read first time 1/20/87 and referred to Committee on Local Government.

AN ACT Relating to vesting of rights; adding a new section to chapter 64.40 RCW; and adding a new section to chapter 58.17 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A new section is added to chapter 64.40 RCW to read as follows:

          (1) A valid, and fully completed, application for a permit, the issuance of which is a ministerial act not involving the exercise of discretion, creates a vested right in having the application considered under the regulations in effect at the time such application is filed with the appropriate county, city, or town official.

          (2) The filing of an application for a permit, the issuance of which is a discretionary act, does not create a vested right.

          (3) No person has a vested right to endanger the public health, safety, or welfare.  A right for a particular action, which otherwise has vested, does not permit the endangerment of the public health, safety, or welfare.  The state, counties, cities, and towns possess the authority, and are responsible, to protect the public against an immediate and substantial threat to the public health, safety, and welfare, and may take steps necessary to eliminate the threat by appropriate action, including the recision or modification of any permit that they have issued.

NEW SECTION. Sec. 2.  A new section is added to chapter 58.17 RCW to read as follows:

          A proposed division of land shall be considered under the subdivision or short subdivision ordinance, and zoning or other land use control ordinances, in effect on the land at the time the preliminary plat approval of the subdivision, or short plat approval of the short subdivision, is made as provided in RCW 58.17.140.