SENATE BILL REPORT

                   SB 6520

              As Reported By Senate Committee On:

          State & Local Government, February 3, 2000

Title:  An act relating to the time at which rights vest in land use permit applications.

Brief Description:  Specifying actions required for vesting of rights in land use actions.

Sponsors:  Senators Kline, Haugen, Fairley, Gardner, Jacobsen, Shin, Thibaudeau and Costa.

Brief History:

Committee Activity:  State & Local Government:  1/31/2000, 2/3/2000 [DP].

SENATE COMMITTEE ON STATE & LOCAL GOVERNMENT

Majority Report:  Do pass.

  Signed by Senators Patterson, Chair; Gardner, Vice Chair; Hale, Haugen, Horn, Kline and McCaslin.

Staff:  Roger Brodniak (786-7445)

Background:  Building permit applications for building projects within the state are considered under permit or zoning ordinances in effect at the time a fully completed application is submitted to the local governing authority.  Proposed divisions of land are also considered in this manner.

The state building code requires the following information before a building permit application is fully complete:  (1) the legal description of the property, or tax parcel number for the property; (2) the property owner=s identifying information; (3) the business information of any contractors; and (4) the identifying information of any lenders, or certain firms issuing bonds for the project.

Subdivisions of property are governed by the terms of approval on the final subdivision map, as well as the laws in effect at the time of approval.

Summary of Bill:  Applications for building permits and divisions of land are no longer considered based on the permit or zoning ordinances in effect at the time of the application.  Instead, an application is considered based on permit or zoning ordinances in effect at the time the local government makes its final decision on the application.

To obtain a building permit within an area planning under the Growth Management Act, the application must include:  (1) the legal description, or tax parcel number assigned to the project; (2) the property owner=s identifying information; (3) the business information of any contractors; (4) the identifying information of the project permit applicants; (5) scaled drawings of the building site; and (6) scaled drawings of existing and proposed structures on the site.

AShort subdivisions@ are added to the section of the RCW requiring that Asubdivisions@ be governed by:  (1) the terms of approval on the final subdivision map; and (2) the laws in effect at the time of approval.

Appropriation:  None.

Fiscal Note:  Not requested.

Effective Date:  Ninety days after adjournment of session in which bill is passed.

Testimony For:  Washington=s vesting of rights laws are at the most permissive end of the spectrum.  This would allow for better development and a healthier environment for the community because better laws could be enacted while building applications are pending.

Testimony Against:  Washington State court decisions show that vested rights do not affect health, safety and welfare laws.  The Aguessing period@ (between application and approval) is bad for builders, lenders, and municipalities.

Testified:  Everett Wilcock (pro); Christy, Lucy, Nathan Rheaume, South Snohomish County Preservation Assn. (pro); Jeff Eustis, 1000 Friends of WA (pro); Julie Perrine, 3E Coalition (pro); Eitan Kassel Yanich, Overhulse Neighborhood Assn. (pro); Jeff Hall, Citizens for Natural Habitat (con); Jim Halstrom, Master Builders King & Sno Counties (con); Sharon Nelson (pro).