H‑0401.1   _____________________________________________

HOUSE BILL 1458

           _____________________________________________

State of Washington      57th Legislature     2001 Regular Session

By Representatives Edwards, Mulliken, Hatfield, DeBolt, Mielke, Edmonds and Rockefeller

Read first time 01/26/2001.  Referred to Committee on Local Government & Housing.

_1      AN ACT Relating to establishing a timeline for final decisions

_2  on land use project permit applications; amending RCW 36.70B.070;

_3  and adding a new section to chapter 36.70B RCW.

_4  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

_5      Sec. 1.  RCW 36.70B.070 and 1995 c 347 s 408 are each amended to

_6  read as follows:

_7      (1) Within twenty-eight days after receiving a project permit

_8  application, a local government planning pursuant to RCW

_9  36.70A.040 shall mail or provide in person a written determination

10  to the applicant, stating either:

11      (a) That the application is complete; or

12      (b) That the application is incomplete and listing in detail

13  exactly what information is necessary to make the application

14  complete.

15      To the extent known by the local government, the local

16  government shall identify and inform the applicant of other

17  agencies of local, state, or federal governments that may have

18  jurisdiction over some aspect of the application.

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_1      (2) A project permit application is complete for purposes of

_2  this section when it meets the procedural submission requirements

_3  of the local government and is sufficient for continued processing

_4  even though additional information may be required ((or)) due to

_5  subsequent substantial project modifications ((may be undertaken

_6  subsequently)).  The determination of completeness shall not

_7  preclude the local government from requesting additional

_8  information or studies either at the time of the notice of

_9  completeness or subsequently if ((new information is required or

10  substantial changes in the proposed action occur)) the project is

11  substantially modified.

12      (3) The determination of completeness may include the following

13  as optional information:

14      (a) A preliminary determination of those development

15  regulations that will be used for project mitigation;

16      (b) A preliminary determination of consistency, as provided

17  under RCW 36.70B.040; or

18      (c) Other information the local government chooses to include.

19      (4)(a) ((An application shall be deemed complete under this

20  section)) If the local government does not provide a written

21  determination to the applicant that the application is incomplete

22  as provided in subsection (1)(b) of this section, the application

23  shall be deemed complete on the 29th day after the local

24  government first received the application.

25      (b) Within fourteen days after an applicant has submitted to a

26  local government all additional information identified by the

27  local government as being necessary for a complete application,

28  the local government shall notify the applicant whether the

29  application is complete ((or what additional information is

30  necessary)).  If the local government fails to provide notice, the

31  application is deemed complete on the 15th day after the local

32  government received the supplemental information.

33      NEW SECTION. Sec. 2.  A new section is added to chapter 36.70B

34  RCW to read as follows:

35      (1) Except as otherwise provided in subsection (2) of this

36  section, a local government shall issue its notice of final

37  decision on a project permit application within one hundred twenty

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_1  days after the local government notifies the applicant that the

_2  application is complete, as provided in RCW 36.70B.070.  In

_3  determining the number of days that have elapsed after the local

_4  government has notified the applicant that the application is

_5  complete, the following periods shall be excluded:

_6      (a) Any period during which the applicant has been reasonably

_7  requested by the local government to correct plans, perform

_8  required studies, or provide additional necessary information

_9  based on substantial project modifications occurring after the

10  application is filed.  The period shall be calculated from the date

11  the local government notifies the applicant of the need for

12  specific additional information until the date the information is

13  provided to the local government;

14      (b) Any period during which an environmental impact statement

15  is being prepared following a determination of significance

16  pursuant to chapter 43.21C RCW, if the local government by

17  ordinance or resolution has established time periods for

18  completion of environmental impact statements, or if the local

19  government and the applicant in writing agree to a time period for

20  completion of an environmental impact statement;

21      (c) Any period for administrative appeals of project permits,

22  if an open record appeal hearing or a closed record appeal, or

23  both, are allowed.  The local government by ordinance or resolution

24  shall establish a time period to consider and decide such

25  appeals.  The time period shall not exceed:  (i) Ninety days for an

26  open record appeal hearing; and (ii) sixty days for a closed

27  record appeal.  The parties to an appeal may agree to extend these

28  time periods;

29      (d) Any time period required for a state or federal agency to

30  review a project permit application under review by the local

31  government if:  (i) Such review by the state or federal agency is

32  mandated by state or federal statute; and (ii) approval by the

33  state or federal agency is necessary for a local government to

34  issue a final decision; and

35      (e) Any extension of time mutually agreed upon by the applicant

36  and the local government.

37      (2) The time limits established by subsection (1) of this

38  section do not apply if a project permit application:

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_1      (a) Requires an amendment to the comprehensive plan or a

_2  development regulation; or

_3      (b) Requires approval of a new fully contained community as

_4  provided in RCW 36.70A.350, a master planned resort as provided in

_5  RCW 36.70A.360, or the siting of an essential public facility as

_6  provided in RCW 36.70A.200.

_7      (3) If the local government is unable to issue its final

_8  decision within the time limits provided for in this section, it

_9  shall provide written notice of this fact to the project

10  applicant.  The notice shall include a statement of reasons why the

11  time limits have not been met and an estimated date for issuance

12  of the notice of final decision.

‑‑‑ END ‑‑‑

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