HOUSE BILL REPORT

SSB 5519

As Amended by the House

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

Providing for vesting of rights in specified situations.

House Committe on Local Government

Majority Report:  Do pass with amendments.  (11)

      Signed by Representatives Haugen, Chair; Cooper, Vice Chair; Beck, Bumgarner, Ferguson, Hine, Nealey, Nelson, Nutley, Rayburn, and Zellinsky.

House Staff:Steve Lundin (786-7127)

AS PASSED HOUSE APRIL 2, 1987

BACKGROUND:

Various opinions of our appellate courts have been rendered concerning the time when rights vest if a permit is being sought.

The right for a permit vests under the standards in place at the time a valid and complete application has been filed for the permit if the permit is a ministerial permit, such as a grading permit or a septic tank permit.  A vested right may arise only for something that does not involve a mere expectation based upon an anticipated continuance of the existing law.

No vesting of rights occurs for a request the approval of which is a discretionary act.

Although permits have been issued for a project, the government retains the ability to extinguish the vested right by reasonably exercising police powers in the furtherance of a legitimate public goal, such as preserving the public safety.  Under this concept government possesses the authority to require a building to be retrofitted to meet certain fire safety standards.

Our courts have held that when a request for approval of a subdivision or short subdivision has been made, the proposal shall be considered under the subdivision or short subdivision ordinance, and the zoning ordinance, in effect on the land at the time the preliminary plat approval or short plat approval must be made.

SUMMARY:

Upon the filing of a valid and fully complete building permit application for a structure, that is permitted under the applicable zoning ordinance, the proposal must be considered under the building permit ordinance and zoning ordinance, in effect when the application for the building permit is made.  The requirements for a fully completed application must be defined by local ordinance.  The vesting standards do not restrict conditions imposed upon a building permit under the State Environmental Policy Act (SEPA).

The request for approval of a subdivision or short subdivision shall be considered under the subdivision or short subdivision ordinance, and the zoning ordinance, in effect on the land at the time of the request, instead of in effect when the preliminary plat approval or short plat approval must be made.  The requirements for a fully completed application must be defined by local ordinance.  The vesting standards do not restrict conditions imposed upon a preliminary plat or short plat under SEPA.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Doug Baker, Association of Washington Cities; Jim Williams, Association of Washington Counties; and Mark Triplett, Homebuilders Association.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    This is an agreed upon bill.  It is good to have specified times when vesting occurs.  The vesting doctrines have been developed by the courts.  We should have the doctrine spelled out in statute.  SEPA stands unaffected by this.  Although the bill is silent as to changing requirements for public safety purposes, a government still could retroactively make requirement for public safety purposes.

House Committee - Testimony Against:      We already have the most liberal vesting standards on subdivisions in the country, so why make it more liberal?