HomeMy WebLinkAbout5992ORDINANCE NO. 5 9 9 2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, CREATING A NEW
CHAPTER 14.21 OF THE AUBURN CITY CODE,
RELATED TO DEVELOPMENT AGREEMENTS
WHEREAS, the current provisions of the Auburn City Code (ACC) include
an alternative to regular platting and zoning requirements through use of the
Planned Unit Development -ACC Chapter 18.69; and
WHEREAS, based on recent PUD -platting applications, the City Council
finds that although PUD's were intended to afford applicants flexibility in the
standards for their development, the benefits to the City and the community do
not always off-set the impacts stemming from the relaxation of the regular
standards for development; and
WHEREAS, it would therefore be more in keeping with the needs of the
City and the community to utilize a development agreement, as authorized by
Sections 36.70B.170 - 210 of the Revised Code of Washington (RCW), as an
alternative to PUDs, where the benefits, accommodations and their off-sets can
be negotiated.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
1. ADDITION TO CITY CODE. That a new Chapter 14.21 of the
Auburn City Code is created to read as follows:
---------------------------
Ordinance No. 5992
April 17, 2006
Page 1 of 5
Chapter 14.21
Development Agreements
Sections:
14.21.010
14.21.020
14.21.030
14.21.040
14.21.050
Purpose.
Development agreements-Authorized.
Development agreements-Effect.
Development agreements--Recording--Parties and
successors
Development agreements--Public hearing.
14.21.010 Purpose.
There are instances when a property owner has a property or a
development plan that warrants considerations of alternatives in how the
development should proceed and in what standards should be used because of
unusual property characteristics or different development factors. This Chapter
provides an avenue through which the City could accommodate such unusual
property characteristics or different development factors.
A. Residential projects. The City may consider a development
agreement for an exclusively or primarily residential project in order to provide
enhanced flexibility to develop a site through innovative and alternative
development standards. A development agreement should allow for a greater
range of residential development scenarios, provides for internal transfers of
density, and may result in more dwelling units than may be realized by using the
existing standards of the existing zone. In exchange for this enhanced flexibility,
the city will require a development to be of significantly higher quality, generate
more public benefit and be a more sensitive proposal than would have been the
case with the use of standard zoning or subdivision procedures.
It will be the applicant's responsibility to demonstrate, to the city's
satisfaction, that a development proposal achieves or is consistent with the
following desired public benefits and expectations in whole or in part.
1. Preservation of Natural Amenities. Preservation of desirable site
characteristics such as open spaces and the protection of sensitive
environmental features including steep slopes, mature trees, rivers, creeks,
wetlands, lakes and scenic views.
2. Pedestrian Oriented Communities. Use of traffic management and
design techniques to reduce traffic congestion both within and in the vicinity of
the proposed development and to increase the potential use of alternative modes
of travel such as mass transit, pedestrian and bicycle traffic.
3. Land Use Efficiencies. Provide efficient and effective use of land,
open space and public facilities that result in lower development cost and make
housing more affordable.
4. Improved Transitional Areas. Improve the sensitive development of
transitional areas located between different land uses, environmentally sensitive
areas, and along significant corridors within the city.
Ordinance No. 5992
April 17, 2006
Page 2 of 5
5. Implementation of the Comprehensive Plan. Provide development
that is consistent with the goals and policies of the comprehensive plan.
6. Enhanced Design Features. Provide building and structural designs
that complement surrounding land uses and their environment. Design standards
should reflect quality site planning, landscaping and building architecture.
7. Creation of Public Amenities. Enhance parks and open spaces
consistent with the comprehensive park plan and nonmotorized plan.
B. Nonresidential or mixed use projects. The City may consider a
development agreement for a nonresidential or mixed use project in areas
designated for office, commercial, industrial or institutional use in the
Comprehensive Plan, or in a designated special plan area. In its evaluation of a
proposal, the City shall consider whether a proposal will:
1. Provide development that is consistent with the goals and policies
of the comprehensive plan;
2. Provide efficient and effective use of land, open space and public
facilities that result in a higher quality of development than is required by the
standards of the applicable zone;
3. Provide building and site design that complement surrounding land
uses and their environment;
4. Provides for superior protection of critical areas.
14.21.020 Development agreements-Authorized.
A. The City is authorized to enter into a development agreement with
a person having ownership or control of real property within or outside the City,
as provided by RCW 36.706.170 through 36.706.210. A development agreement
shall be consistent with applicable development regulations adopted by a local
government planning under chapter 36.70A RCW, including the City's design and
development standards.
B. .RCW 36.706.170 through 36.706.190 and section 501, chapter
347, Laws of 1995 do not affect the validity of a contract rezone, concomitant
agreement, annexation agreement, or other agreement in existence on July 23,
1995, or adopted under separate authority, that includes some or all of the
development standards provided in paragraph C of this section.
C. For the purposes of this section, "development standards"
includes, but is not limited to:
1. Project elements such as permitted uses, residential densities, and
nonresidential densities and intensities or building sizes;
2. The amount and payment of impact fees imposed or agreed to in
accordance with any applicable provisions of state law, any reimbursement
provisions, other financial contributions by the property owner, inspection fees, or
dedications;
3. Mitigation measures, development conditions, and other
requirements under chapter 43.21 C RCW;
4. Design standards such as maximum heights, setbacks, drainage
and water quality requirements, landscaping, and other development features;
5. Affordable housing;
Ordinance No. 5992
April 17, 2006
Page 3 of 5
6. Parks and open space preservation;
7. Phasing;
8. Review procedures and standards for implementing decisions;
9. A build-out or vesting period for applicable standards; and
10. Any other appropriate development requirement or procedure.
D. The execution of a development agreement is a proper exercise of
county and city police power and contract authority. A development agreement
may obligate a party to fund or provide services, infrastructure, or other facilities.
A development agreement shall reserve authority to impose new or different
regulations to the extent required by a serious threat to public health and safety.
14.21.030 Development agreements-Effect.
Unless amended or terminated, a development agreement is enforceable
during its term by a party to the agreement. A development agreement and the
development standards in the agreement govern during the term of the
agreement, or for all or that part of the build-out period specified in the
agreement, and may not be subject to an amendment to a zoning ordinance or
development standard or regulation or a new zoning ordinance or development
standard or regulation adopted after the effective date of the agreement. A permit
or approval issued by the county or city after the execution of the development
agreement must be consistent with the development agreement.
14.21.040 Development agreements--Recording--Parties and successors
bound.
A development agreement shall be recorded with the real property records
of the county in which the property is located. During the term of the development
agreement, the agreement is binding on the parties and their successors,
including a city that assumes jurisdiction through incorporation or annexation of
the area covering the property covered by the development agreement.
14.21.050 Development agreements--Public hearing.
1. The Mayor and/or designee(s) shall negotiate such development
agreements taking into consideration the concerns, and policy direction of the
City Council. Prior to being submitted for final approval to the whole City Council,
the draft development agreements shall be reviewed by both the Public Works
Committee and the Planning and Community Development Committee of the City
Council, Provided that any member of the City Council may request that the draft
development agreement be referred to the City Council Committee of the Whole,
and further Provided that the City Council shall only approve a development
agreement, whether by ordinance or resolution after a duly noted public hearing
before the City Council.
2. The provisions of chapter 36.70C RCW shall apply to the appeal of
the decision on the development agreement.
Ordinance No. 5992
April 17, 2006
Page 4 of 5
2 SEVERABILITY. The provisions of this Ordinance are declared to
be separate and severable. The invalidity of any clause, sentence, paragraph,
subdivision, section or portion of this ordinance, or the invalidity of the application
thereof to any person or circumstance shall not affect the validity of the
remainder of this ordinance, or the validity of its application to other persons or
circumstances.
3 IMPLEMENTATION. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directions
of this legislation.
4 EFFECTIVE DATE. This Ordinance shall take effect and be in
force five days from and after its passage, approval and publication as provided
by law.
INTRODUCED:
APR 17 2006
PASSED:
APR 1 ? 2006
APPROVED: APR 1 7 2006
ATTEST:
Dani Ile E. Daskam,
City Clerk
C OF AUBUR
i
PETER B. LEWIS
MAYOR
APP O~ E FOR
iel . Hei ,
City Attorney
Publication: ~~ Z~~' z GU
Ordinance No. 5992
April 17, 2006
Page 5 of 5
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Local Project Review
,Ming sections amended more than once during the same legislative ses-
4,n, see RCW 1.12.025.
$everability-1997 c 429: See note following RCW 36.70A.3201.
36.70B.120 Permit review process. (1) Each local
~o~ernment planning under RCW 36.70A.040 shall establish
3~rmit review process that provides for the integrated and
ttosolidated review and decision on two or more project per-
mits relating to a proposed project action, including a single
application review and approval process covering all project
smuts requested by an applicant for all or part of a project
„etion and a designated permit coordinator. If an applicant
tlects the consolidated permit review process, the determina-
~bn of completeness, notice of application, and notice of
final decision must include all project permits being reviewed
trough the consolidated permit review process.
(2) Consolidated permit review may provide different
procedures for different categories of project permits, but if a
project action requires project permits from more than one
category, the local government shall provide for consolidated
permit review with a single open record hearing and no more
than one closed record appeal as provided in RCW
36.70B.060. Each local government shall determine which
project permits are subject to an open record hearing and a
closed record appeal. Examples of categories of project per-
mits include but are not limited to:
(a) Proposals that are categorically exempt from chapter
43.21C RCW, such as construction permits, that do not
require environmental review or public notice;
(b) Permits that require environmental review, but no
open record predecision hearing; and
(c) Permits that require a threshold determination and an
open record predecision hearing and may provide for a closed
record appeal to a hearing body or officer or to the local gov-
ernment legislative body.
(3) A local government may provide by ordinance or res-
olution for the same or a different decision maker or hearing
body or officer for different categories of project permits. In
the case of consolidated project permit review, the local gov-
ernment shall specify which decision makers shall make the
decision or recommendation, conduct the hearing, or decide
the appeal to ensure that consolidated permit review occurs
as provided in this section. The consolidated permit review
may combine an open record predecision hearing on one or
more permits with an open record appeal hearing on other
permits. In such cases, the local government by ordinance or
resolution shall specify which project permits, if any, shall be
subject to a closed record appeal. [1995 c 347 § 416.]
36.70B.130 Notice of decision-Distribution. A local
government planning under RCW 36.70A.040 shall provide a
notice of decision that also includes a statement of any
threshold determination made under chapter 43.21C RCW
and the procedures for administrative appeal, if any. The
notice of decision may be a copy of the report or decision on
the project permit application. The notice shall be provided to
the applicant and to any person who, prior to the rendering of
the. decision, requested notice of the decision or submitted
substantive comments on the application. The local govern-
ment shall provide for notice of its decision as provided in
RCW 36.70B.110(4),_ which shall also state that affected
(2004 Ed.)
36.70B.170
property owners may request a change in valuation for prop-
erty tax purposes notwithstanding any program of revalua-
tion. The local government shall provide notice of decision to
the county assessor's office of the county or counties in which
the property is situated. [1996 c 254 § 1; 1995 c 347 § 417.]
36.70B.140 Project permits that may be excluded
from review. (1) A local government by ordinance or reso-
lution may exclude the following project permits from the
provisions of RCW 36.70B.060 through *36.70B.090 and
36.70B.110 through 36.70B.130: Landmark designations,
street vacations, or other approvals relating to the use of pub-
lic areas or facilities, or other project permits, whether
administrative or quasi-judicial, that the local government by
ordinance or resolution.. has determined present special cir-
cumstances that warrant a review process different from that
provided in RCW 36.70B.060 through *36.70B.090 and
36.70B.110 through 36.70B.130.
(2) A local government by ordinance or resolution also
may exclude the following project permits from the provi-
sions of RCW 36.70B.060 and 36.70B.110 through
36.70B.130: Lot line or boundary adjustments and building
and other construction permits, or similar administrative
approvals, categorically exempt from environmental review
under chapter 43.21C RCW, or for which environmental
review has been completed in connection with other project
permits. [1995 c 347 § 418.] .
*Reviser's note: RCW 36.70B.090 expired June 30, 2000, pursuant to
1998 c 286 § 8.
36.70B.150 Local governments not planning under
the growth management act may use provisions. A local
government not planning under RCW 36.70A.040 may incor-
porate some or all of the provisions of RCW 36.70B.060
through *36.70B.090 and 36.70B.110 through 36.70B.130
into its procedures for review of project permits or other
project actions. [1995 c 347 § 419.]
*Reviser's note: RCW 36.70B.090 expired June 30, 2000, pursuant to
1998 c 286 § 8.
36.70B.160 Additional project review encouraged-
Construction. (1) Each local government is encouraged to
adopt further project review provisions to provide prompt,
coordinated review and ensure accountability to applicants
and the public, including expedited review for project permit
applications for projects that are consistent with adopted
development regulations and within the capacity of system-
wide infrastructure improvements.
(2) Nothing in this chapter is intended or shall be con-
strued to prevent a local government from requiring a preap-
plication conference or a public meeting by rule, ordinance,
or resolution.
(3) Each .local government shall adopt procedures to
monitor and enforce permit decisions and conditions.
(4) Nothing in this chapter modifies any independent
statutory authority for a government agency to appeal a
project permit issued by a local government. [1995 c 347 §
420.]
36.70B.170 Development agreements-Authorized.
(1) A local government may enter into a development agree-
[Title 36 RCW-page 211)
36.70B.180
Title 36 RCW: Counties
ment with a person having ownership or control of real prop-
erty within its jurisdiction. A city may enter into a develop-
ment agreement for real property outside its boundaries as
part of a proposed annexation or a service agreement. A
development agreement must set forth the development stan-
dards and other provisions that shall apply to and govern and
vest the development, use, and mitigation of the development
of the real property for the duration specified in the agree-
ment. Adevelopment agreement shall be consistent with
applicable development regulations adopted by a local gov-
ernment planning under chapter 36.70A RCW.
(2) RCW 36.70B.170 through 36.70B.190 and section
501, chapter 347, Laws of 1995 do not affect the validity of a
contract rezone, concomitant agreement, annexation agree-
ment, or other agreement in existence on July 23, 1995, or
adopted under separate authority, that includes some or all of
the development standards provided in subsection (3) of this
section.
(3) For the purposes of this section, "development stan-
dards" includes, but is not limited to: .
(a) Project elements such as permitted uses, residential
densities, and nonresidential densities and intensities or
building sizes;
(b) The amount and payment of impact fees imposed or
agreed to in accordance with any applicable provisions of
state law, any reimbursement provisions, other financial con-
tributions by the property owner, inspection fees, or dedica-
tions;
(c) Mitigation measures, development conditions, and
other requirements under chapter 43.210 RCW;
(d) Design standards such as maximum heights, set-
backs, drainage and water quality requirements, landscaping,
and other development features;
(e) Affordable housing;
(f) Parks and open space preservation;
(g) Phasing;
(h) Review procedures and standards for implementing
decisions;
(i) A build-out or vesting period for applicable standards;
and
(j) Any other appropriate development requirement or
procedure.
(4) The execution of a development agreement is a
proper exercise of county and city police power and contract
authority. A development agreement may obligate a party to
fund or provide services, infrastructure, or other facilities. A
development agreement shall reserve authority to impose
new or different regulations to the extent required by a seri-
ous threat to public health and safety. [1995 c 347 § 502.]
Findings-Intent-1995 c 347 §§ 502-506: "The legislature finds that
the lack of certainty in the approval of development projects can result in a
waste of public and private resources, escalate housing costs for consumers
and discourage the commitment to comprehensive planning which would
make maximum efficient use of resources at the least economic cost to the
public. Assurance to a development project applicant that upon government
approval the project may proceed in accordance with existing policies and
regulations, and subject to conditions of approval, all as set forth in a devel-
opment agreement, will strengthen the public planning process, encourage
private participation and comprehensive planning, and reduce the economic
costs of development. Further, the lack of public facilities and services is a
serious impediment to development of new housing and commercial uses.
Project applicants and local governments may include provisions and agree-
rnents whereby applicants are reimbursed over time for financing public
[Title 36 RCW-page 212]
facilities. It is the intent of the legislature by RCW 36.70B.170 through
36.70B.210 to allow local governments and owners and developers of real
property to enter into development agreements." [ 1995 c 347 § 501.]
36.70B.180 Development agreements-Effect.
Unless amended or terminated, a development agreement is
enforceable during its term by a party to the agreement. A
development agreement and the development standards in the
agreement govern during the term of the agreement, or for all
or that part of the build-out period specified in the agreement,
and. may not be subject to an .amendment to a zoning ordi-
nance or development standard or regulation or a new zoning
ordinance or development standard or regulation adopted
after the effective date of the agreement. A permit or
approval issued by the county or city after the execution of
the development agreement must be consistent with the
development agreement. [1995 c 347 § 503.]
Findings-Intent-1995 c 347 §§ 502-506: See note following RCW
36.70B.170.
36.70B.190 Development agreements-Recording-
Parties and successors bound. Adevelopment agreement
shall be recorded with the real property records of the county
in which the property is located. During the term of the deveT-
opment agreement, the agreement is binding on the parties
and their successors, including a city that assumes jurisd]c-
tion through incorporation or annexation of the area covering
the property covered by the development agreement. [ 1995 e
347 § 504.]
Findings-Intent-1995 c 347 §§ 502-506: See note following'RCW
36.70B.170.
36.70B.200 Development agreements-Public hear-
ing. A county or city shall only approve a development
agreement by ordinance or resolution after a public hearing.
The county or city legislative body or a planning commis-
sion, hearing examiner, or other body designated by tlie']eg-
islative body to conduct the public hearing may conduct the
hearing. If the development agreement relates to a project
permit application, the provisions of chapter 36.700 RCW
shall apply to the appeal of the decision on the development
agreement. [1995 c 347 § 505.]
Findings-Intent-1995 c 347 §§ 502-506: See note following RCW
36.70B.170.
36.70B.210 Development agreements-Authority.,t~o
impose fees not extended. Nothing in RCW 36.70B.1~~Q,
through 36.70B.200 and section 501, chapter 347, La~~~A~
1995 is intended to authorize local governments to imps
impact fees, inspection fees, or dedications or to requ ~ ~ ; ~~~~
other financial contributions or mitigation measures e?'`1'
expressly authorized by other applicable provisions~~tl'
law. [1995 c 347 § 506.] ~ ~i; `i~i~'
u~ ,
Findings-Intent-1995 a 347 §§ 502-506: See note followin_ l~L--;~~
36.70B.170. tCf ~:~
.ijs`;:~~
36.70B.220 Permit assistance staff. (1) Each coi~~~?
and city having populations of ten thousand or more tjlat~~«
under RCW 36.70A.040 shall designate permit assrst;~it
staff whose function it is tc~ assist permit applicants. An exiat
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Judicial Review of Land Use Decisions
ing employee may be designated as the permit assistance
staff.
(2) Permit assistance staff designated under this section
..'shall:
(a) Make available to permit applicants all current local
government regulations and adopted policies that apply to the
subject application. The local government shall provide
:counter copies thereof and, upon request, provide copies
<according to chapter 42.17 RCW. The staff shall also publish
and keep current one or more handouts containing lists and
explanations of all local government regulations and adopted
policies;
(b) Establish and make known to the public the means of
obtaining the handouts and related information; and
(c) Provide assistance regarding the application of the
local government's regulations in particular cases.
(3) Permit assistance staff designated under this section
may obtain technical assistance and support in the compila-
tion and production of the handouts under subsection (2) of
this section from the municipal research council and the
department of community, trade, and economic development.
[1996 c 206 § 9.]
Findings-1996 c 206: See note following RCW 43.05.030.
36.70B.230 Planning regulations-Copies provided
to county assessor. By July 31, 1997, a local government
planning under RCW 36.70A.040 shall provide to the county
assessor a copy of the local government's comprehensive
plan and development regulations in effect on July 1st of that
year and shall thereafter provide any amendments to the plan
and regulations that were adopted before July 31st of each
following year. [1996 c 254 § 6.]
36.70B.900 Finding-Severability-Part headings
and table of contents not law-1995 c 347. See notes fol-
lowing RCW 36.70A.470.
Chapter 36.70C RCW
JUDICIAL REVIEW OF LAND USE DECISIONS
Sections
36.70C.005 Short title.
36.70C.010 Purpose.
36.70C.020 Definitions.
36.70C.030 Chapter exclusive means of judicial review of land use deci-
sions-Exceptions.
36.70C.040 Commencement of review-Land use petition-Procedure.
35:70C.050 Joinder of parties.
36.70C.060 Standing.
36:70C.070 Land use petition-Required elements.
36`70C.080 Initial heazing.
36.70C.090 Expedited review.
36.70C.100 Stay of action pending review.
36.70C.110 Record for judicial review-Costs.
36.70C.120 Scope of review-Discovery.
36.70C.130 Standards for granting relief.
36.70C.140 Decision of the court.
36.70C.900 Finding-Severability-Part headings and table of contents
not law-1995 c 347.
36.70C.005 Short title. This chapter may be known
and cited as the land use petition act. [1995 c 347 § 701.]
36.70C.010 Purpose. The purpose of this chapter is to
reform the process for judicial review of land use decisions
'(2004 Ed.)
36.70C.030
made by local jurisdictions, by establishing uniform, expe-
dited appeal procedures and uniform criteria for reviewing
such decisions, in order to provide consistent, predictable,
and timely judicial review. [ 1995 c 347 § 702.]
36.70C.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Land use decision" means a final determination by a
local jurisdiction's body or officer with the highest level of
authority to make the determination, including those with
authority to hear appeals, on:
(a) An application for a project permit or other govern-
mental approval required by law before real property may be
improved, developed, modified, sold, transferred, or used,
but excluding applications for permits or approvals to use,
vacate, or transfer streets, parks, and similar types of public
property; excluding applications for legislative approvals
such as area-wide rezones and annexations; and excluding
applications for business licenses;
(b) An interpretative or declaratory decision regarding
the application to a specific property of zoning or other ordi-
nances or rules regulating the improvement, development,
modification, maintenance, or use of real property; and
(c) The enforcement by a local jurisdiction of ordinances
regulating the improvement, development, modification,
maintenance, or use of real property. However, when a local
jurisdiction is required by law to enforce the ordinances in a
court of limited jurisdiction, a petition may not be brought
under this chapter.
(2) "Local jurisdiction" means a county, city, or incorpo-
rated town.
(3) "Person" means an individual, partnership, corpora-
tion, association, public or private organization, or govern-
mental entity or agency. [1995 c 347 § 703.]
36.70C.030 Chapter exclusive means of judicial
review of land use decisions-Exceptions. (1) This chapter
replaces the writ of certiorari for appeal of land use decisions
and shall be the exclusive means of judicial review of land
use decisions, except that this chapter does not apply to:
(a) Judicial review of:
(i) Land use decisions made by bodies that are not part of
a local jurisdiction;
(ii) Land use decisions of a local jurisdiction that are
subject to review by aquasi-judicial body created by state
law, such as the shorelines hearings board, the environmental
and land use hearings board, or the growth management hear-
ings board;
(b) Judicial review of applications for a writ of manda-
mus or prohibition; or
(c) Claims provided by any law for monetary damages or
compensation. If one or more claims for damages or com-
pensation are set forth in the same complaint with a land use
petition brought under this chapter, the claims are not subject
to the procedures and standards, including deadlines, pro-
vided in this chapter for review of the petition. The judge
who hears the land use petition may, if appropriate, preside at
a trial for damages or compensation.
[Title 36 RCW-page 213]
Chapter 36.700 RCW: Judicial review of land use decisions
Chapter 36.700 RCW
Judicial review of land use decisions
Chapter Listing.
RCW Sections
36.700.005 Short title.
36.700.010 Purpose.
36.700.020 Definitions.
36.70.0.030 Chapter exclusive means of judicial review of land use decisions -Exceptions.
36.700.040 Commencement of review -Land use petition -Procedure.
3..6.......70.0... ,05.0.. Joinder of parties.
36.700.060 Standing.
36.700 :070 Land use petition -Required elements.
36.700.080. Initial hearing.
36.700.090 Expedited review.
...3......6....,.700.,..1.00 Stay of action pending review.
36.700.110 Record for judicial review -Costs.
36...7...0........0.........1...2..0..... Scope of review -Discovery.
3,6.,:700,130 Standards for granting relief.
36.700.140 Decision of the court.
36.70....0....._9_..0......0..... Finding - Severability -Part headings and table of contents not law - 1995 c 347.
Page 1 of 8
36.700.005
Short title.
This chapter may be known and cited as the land use petition act.
[1995 c 347 § 701.]
36.700.010
Purpose.
The purpose of this chapter is to reform the process for judicial review of land use decisions made by local jurisdictions,
by establishing uniform, expedited appeal procedures and uniform criteria for reviewing such decisions, in order to
provide consistent, predictable, and timely judicial review.
[1995 c 347 § 702.]
36.700.020
Definitions.
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Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Land use decision" means a final determination by a local jurisdiction's body or officer with the highest level of
authority to make the determination, including those with authority to hear appeals, on:
(a) An application for a project permit or other governmental approval required by law before real property may be
improved, developed, modified, sold, transferred, or used, but excluding applications for permits or approvals to use,
vacate, or transfer streets, parks, and similar types of public property; excluding applications for legislative approvals
such as area-wide rezones and annexations; and excluding applications for business licenses;
(b) An interpretative or declaratory decision regarding the application to a specific property of zoning or other
ordinances or rules regulating the improvement, development, modification, maintenance, or use of real property; and
(c) The enforcement by a local jurisdiction of ordinances regulating the improvement, development, modification,
maintenance, or use of real property. However, when a local jurisdiction is required by law to enforce the ordinances in a
court of limifed jurisdiction, a petition may not be brought under this chapter.
(2) "Local jurisdiction" means a county, city, or incorporated town.
(3) "Person" means an individual, partnership, corporation, association, public or private organization, or
governmental entity or agency.
[1995 c 347 § 703.]
36.70C.030
Chapter exclusive means of judicial review of land use decisions -Exceptions.
(1) This chapter replaces the writ of certiorari for appeal of land use decisions and shall be the exclusive means of
judicial review of land use decisions, except that this chapter does not apply to:
(a) Judicial review of:
(i) Land use decisions made by bodies that are not part of a local jurisdiction;
(ii) Land use decisions of a local jurisdiction that are subject to review by aquasi-judicial body created by state law,
such as the shorelines hearings board, the environmental and land use hearings board, or the growth management
hearings board;
(b) Judicial review of applications for a writ of mandamus or prohibition; or
(c) Claims provided by any law for monetary damages or compensation. If one or more claims for damages or
compensation are set forth in the same complaint with a land use petition brought under this chapter, the claims are not
subject to the procedures and standards, including deadlines, provided in this chapter for review of the petition. The
judge who hears the land use petition may, if appropriate, preside at a trial for damages or compensation.
(2) The superior court civil rules govern procedural matters under this chapter to the extent that the rules are
consistent with this chapter.
[2003 c 393 § 17; 1995 c 347 § 704.]
Notes:
Implementation -- Effective date -- 2003 c 393: See RCW 43.21 L.900 and 43.21 L.901.
36.70C.040
Commencement of review -Land use petition -Procedure.
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Chapter 36.70C RCW: Judicial review of land use decisions Page 3 of 8
(1) Proceedings for review under this chapter shall be commenced by filing a land use petition in superior court.
(2) A land use petition is barred, and the court may not grant review, unless the petition is timely filed with the court
and timely served on the following persons who shall be parties to the review of the land use petition:
(a) The local jurisdiction, which for purposes of the petition shall be the jurisdiction's corporate entity and not an
individual decision maker or department;
(b) Each of the following persons if the person is not the petitioner:
(i) Each person identified by name and address in the local jurisdiction's written decision as an applicant for the permit
or approval at issue; and
(ii) Each person identified by name and address in the local jurisdiction's written decision as an owner of the property
at issue;
(c) If no person is identified in a written decision as provided in (b) of this subsection, each person identified by name
and address as a taxpayer for the property at issue in the records of the county assessor, based upon the description of
the property in the application; and
(d) Each person named in the written decision who filed an appeal to a local jurisdiction quasi-judicial decision maker
regarding the land use decision at issue, unless the person has abandoned the appeal or the person's claims were
dismissed before the quasi judicial decision was rendered. Persons who later intervened or joined in the appeal are not
required to be made parties under this subsection.
(3) The petition is timely if it is filed and served on all parties listed in subsection (2) of this section within twenty-one
days of the issuance of the land use decision.
(4) For the purposes of this section, the date on which a land use decision is issued is:
(a) Three days after a written decision is mailed by the local jurisdiction or, if not mailed, the date on which the local
jurisdiction provides notice that a written decision is publicly available;
(b) If the land use decision is made by ordinance or resolution by a legislative body sitting in aquasi-judicial capacity,
the date the body passes the ordinance or resolution; or
(c) If neither (a) nor (b) of this subsection applies, the date the decision is entered into the public record.
(5) Service on the local jurisdiction must be by delivery of a copy of the petition to the persons identified by or
pursuant to RCW 4.28.080 to receive service of process. Service on other parties must be in accordance with the
superior court civil rules or by first class mail to:
(a) The address stated in the written decision of the local jurisdiction for each person made a party under subsection
(2)(b) of this section;
(b) The address stated in the records of the county assessor for each person made a party under subsection (2)(c) of
this section; and
(c) The address stated in the appeal to the quasi-judicial decision maker for each person made a party under
subsection (2)(d) of this section.
(6) Service by mail is effective on the date of mailing and proof of service shall be by affidavit or declaration under
penalty of perjury.
[1995 c 347 § 705.]
36.70C.050
Joinder of parties.
If the applicant for the land use approval is not the owner of the real property at issue, and if the owner is not accurately
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identified in the records referred to in RCW 36.70C.040(2) (b) and (c), the applicant shall be responsible for promptly
securing the joinder of the owners. In addition, within fourteen days after service each party initially named by the
petitioner shall disclose to the other parties the name and address of any person whom such party knows may be
needed for just adjudication of the petition, and the petitioner shall promptly name and serve any such person whom the
petitioner agrees may be needed forjust adjudication. If such a person is named and served before the initial hearing,
leave of court for the joinder is not required, and the petitioner shall provide the newly joined party with copies of the
pleadings filed before the party's joinder. Failure by the petitioner to name or serve, within the time required by RCW
36.70C.040.(3), persons who are needed for just adjudication but who are not identified in the records referred to in RCW
36.,.70C.040.(2)(b), or in RCW 36.70C_040(2)(c) if applicable, shall not deprive the court of jurisdiction to hear the land use
petition.
[1995 c 347 § 706.]
36.70C.060
Standing.
Standing to bring a land use petition under this chapter is limited to the following persons:
(1) The applicant and the owner of property to which the land use decision is directed;
(2) Another person aggrieved or adversely affected by the land use decision, or who would be aggrieved or adversely
affected by a reversal or modification of the land use decision. A person is aggrieved or adversely affected within the
meaning of this section only when all of the following conditions are present:
(a) The land use decision has prejudiced or is likely to prejudice that person;
(b) That person's asserted interests are among those that the local jurisdiction was required to consider when it made
the land use decision;
(c) A judgment in favor of that person would substantially eliminate or redress the prejudice to that person caused or
likely to be caused by the land use decision; and
(d) The petitioner has exhausted his or her administrative remedies to the extent required by law.
[1995 c 347 § 707.]
36.70C.070
Land use petition -Required elements.
A land use petition must set forth:
(1) The name and mailing address of the petitioner;
(2) The name and mailing address of the petitioner's attorney, if any;
(3) The name and mailing address of the local jurisdiction whose land use decision is at issue;
(4) Identification of the decision-making body or officer, together with a duplicate copy of the decision, or, if not a
written decision, a summary or brief description of it;
(5) Identification of each person to be made a party under RCW 36.70C.040(2) (b) through (d);
(6) Facts demonstrating that the petitioner has standing to seek judicial review under RCW 36.7.O.C....0......6....0;
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Chapter 36.70C RCW: Judicial review of land use decisions
(7) A separate and concise statement of each error alleged to have been committed;
(8) A concise statement of facts upon which the petitioner relies to sustain the statement of error; and
(9) A request for relief, specifying the type and extent of relief requested.
(1995 c 347 § 708.]
31i.70C.080
Initial hearing.
Page 5 of 8
(1) Within seven days after the petition is served on the parties identified in RCW 36.70C_040(2), the petitioner shall
note, according to the local rules of superior court, an initial hearing on jurisdictional and preliminary matters. This initial
hearing shall be set no sooner than thirty-five days and no later than fifty days after the petition is served on the parties
identified in RCW 36.70C.040(2).
(2) The parties shall note all motions on jurisdictional and procedural issues for resolution at the initial hearing, except
that a motion to allow discovery may be brought sooner. Where confirmation of motions is required, each party shall be
responsible for confirming its own motions.
(3) The defenses of lack of standing, untimely filing or service of the petition, and failure to join persons needed for
just adjudication are waived if not raised by timely motion noted to be heard at the initial hearing, unless the court allows
discovery on such issues.
(4) The petitioner shall move the court for an order at the initial hearing that sets the date on which the record must be
submitted, sets a briefing schedule, sets a discovery schedule if discovery is to be allowed, and sets a date for the
hearing or trial on the merits.
(5) The parties may waive the initial hearing by scheduling with the court a date for the hearing or trial on the merits
and filing a stipulated order that resolves the jurisdictional and procedural issues raised by the petition, including the
issues identified in subsections (3) and (4) of this section.
(6) A party need not file an answer to the petition.
[1995 c 347 § 709.]
36.70C.090
Expedited review.
The court shall provide expedited review of petitions filed under this chapter. The matter must be set for hearing within
sixty days of the date set for submitting the local jurisdiction's record, absent a showing of good cause for a different date
or a stipulation of the parties.
[1995 c 347 § 710.j
36.70C.100
Stay of action pending review.
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(1) A petitioner or other party may request the court to stay or suspend an action by the local jurisdiction or another party
to implement the decision under review. The request must set forth a statement of grounds for the stay and the factual
basis for the request.
(2) A court may grant a stay only if the court finds that:
(a) The party requesting the stay is likely to prevail on the merits;
(b) Without the stay the party requesting it will suffer irreparable harm;
(c) The grant of a stay will not substantially harm other parties to the proceedings; and
(d) The request for the stay is timely in light of the circumstances of the case.
(3) The court may grant the request for a stay upon such terms and conditions, including the filing of security, as are
necessary to prevent harm to other parties by the stay.
[1995 c 347 § 711.J
36.70C.110
Record for judicial review -Costs.
(1) Within forty-five days after entry of an order to submit the record, or within such a further time as the court allows or
as the parties agree, the local jurisdiction shall submit to the court a certified copy of the record for judicial review of the
land use decision, except that the petitioner shall prepare at the petitioner's expense and submit a verbatim transcript of
any hearings held on the matter.
(2) If the parties agree, or upon order of the court, the record shall be shortened or summarized to avoid reproduction
and transcription of portions of the record that are duplicative or not relevant to the issues to be reviewed by the court.
(3) The petitioner shall pay the local jurisdiction the cost of preparing the record before the local jurisdiction submits
the record to the court. Failure by the petitioner to timely pay the local jurisdiction relieves the local jurisdiction of
responsibility to submit the record and is grounds for dismissal of the petition.
(4) If the relief sought by the petitioner is granted in whole or in part the court shall equitably assess the cost of
preparing the record among the parties. In assessing costs the court shall take into account the extent to which each
party prevailed and the reasonableness of the parties' conduct in agreeing or not agreeing to shorten or summarize the
record under subsection (2) of this section.
[1995 c 347 § 712.]
36.70C.120
Scope of review -Discovery. (Effective until July 1, 2006.)
(1) When the land use decision being reviewed was made by aquasi-judicial body or officer who made factual
determinations in support of the decision and the parties to the quasi-judicial proceeding had an opportunity consistent
with due process to make a record on the factual issues, judicial review of factual issues and the conclusions drawn from
the factual issues shall be confined to the record created by the quasi judicial body or officer, except as provided in
subsections (2) through (4) of this section.
(2) For decisions described in subsection (1) of this section, the record may be supplemented by additional evidence
only if the additional evidence relates to:
(a) Grounds for disqualification of a member of the body or of the officer that made the land use decision, when such
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grounds were unknown by the petitioner at the time the record was created;
(b) Matters that were improperly excluded from the record after being offered by a party to the quasi judicial
proceeding; or
(c) Matters that were outside the jurisdiction of the body or officer that made the land use decision.
(3) For land use decisions other than those described in subsection (1) of this section, the record for judicial review
may be supplemented by evidence of material facts that were not made part of the local jurisdiction's record.
(4) The court may require or permit corrections of ministerial errors or inadvertent omissions in the preparation of the
record.
(5) The parties may not conduct pretrial discovery except with the prior permission of the court, which may be sought
by motion at any time after service of the petition. The court shall not grant permission unless the party requesting it
makes a prima facie showing of need. The court shall strictly limit discovery to what is necessary for equitable and timely
review of the issues that are raised under subsections (2) and (3) of this section. If the court allows the record to be
supplemented, the court shall require the parties to disclose before the hearing or trial on the merits the specific evidence
they intend to offer. If any party, or anyone acting on behalf of any party, requests records under chapter 42.17 RCW
relating to the matters at issue, a copy of the request shall simultaneously be given to all other parties and the court shall
take such request into account in fashioning an equitable discovery order under this section.
[1995 c 347 § 713.]
RCW 36.70C
Scope of review -Discovery. (Effective July i, 2006.)
(1) When the land use decision being reviewed was made by a quasi judicial body or officer who made factual
determinations in support of the decision and the parties to the quasi-judicial proceeding had an opportunity consistent
with due process to make a record on the factual issues, judicial review of factual issues and the conclusions drawn from
the factual issues shall be confined to the record created by the quasi-judicial body or officer, except as provided in
subsections (2) through (4) of this section.
(2) For decisions described in subsection (1) of this section, the record may be supplemented by additional evidence
only if the additional evidence relates to:
(a) Grounds for disqualification of a member of the body or of the officer that made the land use decision, when such
grounds were unknown by the petitioner at the time the record was created;
(b) Matters that were improperly excluded from the record after being offered by a party to the quasi-judicial
proceeding; or
(c) Matters that were outside the jurisdiction of the body or officer that made the land use decision.
(3) For land use decisions other than those described in subsection (1) of this section, the record for judicial review
may be supplemented by evidence of material facts that were not made part of the local jurisdiction's record.
(4) The court may require or permit corrections of ministerial errors or inadvertent omissions in the preparation of the
record.
(5) The parties may not conduct pretrial discovery except with the prior permission of the court, which may be sought
by motion at any time after service of the petition. The court shall not grant permission unless the party requesting it
makes a prima facie showing of need. The court shall strictly limit discovery to what is necessary for equitable and timely
review of the issues that are raised under subsections (2) and (3) of this section. If the court allows the record to be
supplemented, the court shall require the parties to disclose before the hearing or trial on the merits the specific evidence
they intend to offer. If any party, or anyone acting on behalf of any party, requests records under chapter 42.56 RCW
relating to the matters at issue, a copy of the request shall simultaneously be given to all other parties and the court shall
take such request into account in fashioning an equitable discovery order under this section.
[2005 c 274 § 273; 1995 c 347 § 713.]
Notes:
Part headings not law -Effective date - 2005 c 274: See RCW 42.56.901 and 42.56.902.
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Chapter 36.70C RCW: Judicial review of land use decisions
36.70C.130
Standards for granting relief.
Page 8 of 8
(1) The superior court, acting without a jury, shall review the record and such supplemental evidence as is permitted
under RCW 36.70C.120. The court may grant relief only if the party seeking relief has carried the burden of establishing
that one of the standards set forth in (a) through (f) of this subsection has been met. The standards are:
(a) The body or officer that made the land use decision engaged in unlawful procedure or failed to follow a prescribed
process, unless the error was harmless;
(b) The land use decision is an erroneous interpretation of the law, after allowing for such deference as is due the
construction of a law by a local jurisdiction with expertise;
(c) The land use decision is not supported by evidence that is substantial when viewed in light of the whole record
before the court;
(d) The land use decision is a clearly erroneous application of the law to the facts;
(e) The land use decision is outside the authority or jurisdiction of the body or officer making the decision; or
(f) The land use decision violates the constitutional rights of the party seeking relief.
(2) In order to grant relief under this chapter, it is not necessary for the court to find that the local jurisdiction engaged
in arbitrary and capricious conduct. A grant of relief by itself may not be deemed to establish liability for monetary
damages or compensation.
[1995 c 347 § 714.]
36.70C.140
Decision of the court.
The court may affirm or reverse the land use decision under review or remand it for modification or further proceedings. If
the decision is remanded for modification or further proceedings, the court may make such an order as it finds necessary
to preserve the interests of the parties and the public, pending further proceedings or action by the local jurisdiction.
[1995 c 347 § 715.]
36.70C.900
Finding - Severability -Part headings and table of contents not law - 1995 c 347.
See notes following RCW 36.70A.470.
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Chapter 43.210 RCW: State environmental policy Page 1 of 7
Chapter 43.21 C RCW
State environmental policy
Chapter Listing
RCW Sections
43,2.1.0.010 Purposes.
43.210.020 Legislative recognitions -Declaration -Responsibility.
43,210_030. Guidelines for state agencies, local governments -Statements -Reports -Advice -Information.
43.21..0_031. Significant impacts.
43.210.033 Threshold determination to be made within ninety days after application is complete.
4.3,.210_.,,,0,,,3,4,. Use of existing documents.
43.210.035 Certain irrigation projects decisions exempt from RCW 43.21 C.030(2)(c).
43.,..2.....1.......0......03.6. Hazardous substance remedial actions -Procedural requirements and documents to be integrated.
4321 C 0.37. Application of RCW 4....3.... 21 C.030.(2)(c) to forest practices.
43.210.038 Application of RCW 43.21C.030(2)(c) to school closures.
43..,21.,_0._03..8...1... Application of RCW 4.3.:2.1....C......0......3..0.(2)(c) to decisions pertaining to air operating permits.
43.210.0382 Application of RCW 43.21 C.030(2)(c) to watershed restoration projects -Fish habitat enhancement
projects.
43.21..0.038.3. Application of RCW 4.3.,...21 C_030(2)(c) to waste discharge permits.
4.3.210_0384 Application of RCW 43,2.1....0.,.0..3....0.(2)(c) to personal wireless services facilities.
43.210.039 Metals mining and milling operations -Environmental impact statements required.
43:2.1.0...0..4.......0.... Examination of laws, regulations, policies by state agencies and local authorities - Report of
deficiencies and corrective measures.
43.210.050 Specific statutory obligations not affected.
43.2..1.0.0..6_.0. Chapter supplementary -Conditioning or denial of governmental action.
4.3_._210_065 Impact fees and fees for system improvements.
43.210.075 Appeals.
43....2......1....0:080. Notice of action by governmental agency -How publicized -Time limitation for commencing
challenge to action.
43.210.087 List of filings required by RCW 43.210.080.
43.2..1..0.090 Decision of governmental agency to be accorded substantial weight.
4..3.,,21.0.._0.95 State environmental policy act rules to be accorded substantial deference.
43.2,1.0.11.0 Content of state environmental policy act rules.
.4....3.....2.1..0..120. Rules, ordinances, resolutions and regulations -Adoption -Effective dates.
43.210.130 Model ordinances.
43.210.,1_.3....5. Authority of local governmental units to adopt rules, guidelines and model ordinances by reference.
43210,...1...50. RCW 43.21 C.030.(2)(c) inapplicable when statement previously prepared pursuant to national
environmental policy act.
43.21.0._...1.._..6.......0...., Utilization of statement prepared under RCW 43.210.030 to implement chapter 90.62 RCW -
Utilization of chapter 90.62 RCW procedures to satisfy RCW 4321...C....,..0....30.(2)(c).
43.21..0_.1.65 Challenges to consistency of rules adopted pursuant to RCW 43..210.110 and 432._1_..0....,..1.60. -
Procedure -Finality.
43.,...2......1....0.._.1,70. Council on environmental policy.
43 210.1.75, Council on environmental policy -Personnel.
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Chapter 43.210 RCW: State environmental policy
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43,,210,_2_.1.0 Certain actions during state of emergency exempt from chapter.
_432.1.0.....2.......2....0 Incorporation of city or town exempt from chapter.
4321 0.222 Annexation by city or town exempt from chapter.
43.21 0.225 Consolidation and annexation of cities and towns exempt from chapter.
43.2.1.,.0....2....2.7, Disincorporation of a city or town or reduction of city or town limits exempt from chapter.
4321._0._229 Infill development -Categorical exemptions from chapter.
43...21.,....0.....230.. Development and adoption of plan under chapter 43.180 RCW exempt from chapter.
43.2,1,...0...,....2....4...0 Project review under the growth management act.
43.210.250 Forest practices board -Emergency rules -Exempt from chapter.
...4...3..2.1.0.26_0, Certain actions not subject to RCW 4..3...210..0....3...0(2)(c) -Threshold determination on a watershed
analysis.
43....2..1__0. _2.70. Certain secure community transition facilities not subject to this chapter.
43.210...3.0...0 Workshops -Handbook.
43.210.400 Unfinished nuclear power projects -Council action exempt from this chapter.
43.210.900 Short title.
43..210.9.10. Severability - 1974 ex.s. c 179.
...4....3.210._911. Section headings not part of law - 1983 c 117.
4.3_.2.1.....0....,912. Applicability - 1983 c 117.
43.21.0.,.9.1.3, Severability - 1983 c 117.
43.210.914 Effective dates - 1983 c 117.
Notes:
Economic policy: Chapter 43.21 H RCW.
43.210.010
Purposes.
The purposes of this chapter are: (1) To declare a state policy which will encourage productive and enjoyable harmony
between man and his environment; (2) to promote efforts which will prevent or eliminate damage to the environment and
biosphere; (3) and stimulate the health and welfare of man; and (4) to enrich the understanding of the ecological systems
and natural resources important to the state and nation.
[1971 ex.s. c 109 § 1.1
43.210.020
Legislative recognitions -Declaration -Responsibility.
(1) The legislature, recognizing that man depends on his biological and physical surroundings for food, shelter, and other
needs, and for cultural enrichment as well; and recognizing further the profound impact of man's activity on the
interrelations of all components of the natural environment, particularly the profound influences of population growth,
high-density urbanization, industrial expansion, resource utilization and exploitation, and new and expanding
technological advances and recognizing further the critical importance of restoring and maintaining environmental quality
to the overall welfare and development of man, declares that it is the continuing policy of the state of Washington, in
cooperation with federal and local governments, and other concerned public and private organizations, to use all
practicable means and measures, including financial and technical assistance, in a manner calculated to: (a) Foster and
promote the general welfare; (b) to create and maintain conditions under which man and nature can exist in productive
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Chapter 43.21C RCW: State environmental policy
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harmony; and (c) fulfill the social, economic, and other requirements of present and future generations of Washington
citizens.
(2) In order to carry out the policy set forth in this chapter, it is the continuing responsibility of the state of Washington
and all agencies of the state to use all practicable means, consistent with other essential considerations of state policy,
to improve and coordinate plans, functions, programs, and resources to the end that the state and its citizens may:
(a) Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations;
(b) Assure for all people of Washington safe, healthful, productive, and aesthetically and culturally pleasing
surroundings;
(c) Attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other
undesirable and unintended consequences;
(d) Preserve important historic, cultural, and natural aspects of our national heritage;
(e) Maintain, wherever possible, an environment which supports diversity and variety of individual choice;
(f) Achieve a balance between population and resource use which will permit high standards of living and a wide
sharing of life's amenities; and
(g) Enhance the quality of renewable resources and approach the maximum attainable recycling of depletable
resources.
(3) The legislature recognizes that each person has a fundamental and inalienable right to a healthful environment
and that each person has a responsibility to contribute to the preservation and enhancement of the environment.
[1971 ex.s. c 109 § 2.]
43.21 C.030
Guidelines for state agencies, local governments -Statements -Reports -Advice -Information.
The legislature authorizes and directs that, to the fullest extent possible: (1) The policies, regulations, and laws of the
state of Washington shall be interpreted and administered in accordance with the policies set forth in this chapter, and
(2) all branches of government of this state, including state agencies, municipal and public corporations, and counties
shall:
(a) Utilize a systematic, interdisciplinary approach which will insure the integrated use of the natural and social
sciences and the environmental design arts in planning and in decision making which may have an impact on man's
environment;
(b) Identify and develop methods and procedures, in consultation with the department of ecology and the ecological
commission, which will insure that presently unquantified environmental amenities and values will be given appropriate
consideration in decision making along with economic and technical considerations;
(c) Include in every recommendation or report on proposals for legislation and other major actions significantly
affecting the quality of the environment, a detailed statement by the responsible official on:
(i) the environmental impact of the proposed action;
(ii) any adverse environmental effects which cannot be avoided should the proposal be implemented;
(iii) alternatives to the proposed action;
(iv) the relationship between local short-term uses of man's environment and the maintenance and enhancement of
long-term productivity; and
(v) any irreversible and irretrievable commitments of resources which would be involved in the proposed action should
it be implemented;
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(d) Prior to making any detailed statement, the responsible official shall consult with and obtain the comments of any
public agency which has jurisdiction by law or special expertise with respect to any environmental impact involved.
Copies of such statement and the comments and views of the appropriate federal, province, state, and local agencies,
which are authorized to develop and enforce environmental standards, shall be made available to the governor, the
department of ecology, the ecological commission, and the public, and shall accompany the proposal through the
existing agency review processes;
(e) Study, develop, and describe appropriate alternatives to recommended courses of action in any proposal which
involves unresolved conflicts concerning alternative uses of available resources;
(f) Recognize the world-wide and long-range character of environmental problems and, where consistent with state
policy, lend appropriate support to initiatives, resolutions, and programs designed to maximize international cooperation
in anticipating and preventing a decline in the quality of mankind's world environment;
(g) Make available to the federal government, other states, provinces of Canada, municipalities, institutions, and
individuals, advice and information useful in restoring, maintaining, and enhancing the quality of the environment;
(h) Initiate and utilize ecological information in the planning and development of natural resource-oriented projects.
[1971 ex.s. c 109 § 3.]
43.21 C.031,
Significant impacts.
(1) An environmental impact statement (the detailed statement required by RCW 4.3.2...1....C.....030.(2)(c)) shall be prepared on
proposals for legislation and other major actions having a probable significant, adverse environmental impact. The
environmental impact statement may be combined with the recommendation or report on the proposal or issued as a
separate document. The substantive decisions or recommendations shall be clearly identifiable in the combined
document. Actions categorically exempt under RCW 43.21 C.110(1)(a) do not require environmental review or the
preparation of an environmental impact statement under this chapter. In a county, city, or town planning under RCW
36.70A.040, a planned action, as provided for in subsection (2) of this section, does not require a threshold
determination or the preparation of an environmental impact statement under this chapter, but is subject to
environmental review and mitigation as provided in this chapter.
An environmental impact statement is required to analyze only those probable adverse environmental impacts which
are significant. Beneficial environmental impacts may be discussed. The responsible official shall consult with agencies
and the public to identify such impacts and limit the scope of an environmental impact statement. The subjects listed in
RCW 43.21 C.030(2)(c) need not be treated as separate sections of an environmental impact statement. Discussions of
significant short-term and long-term environmental impacts, significant irrevocable commitments of natural resources,
significant alternatives including mitigation measures, and significant environmental impacts which cannot be mitigated
should be consolidated or included, as applicable, in those sections of an environmental impact statement where the
responsible official decides they logically belong.
(2)(a) For purposes of this section, a planned action means one or more types of project action that:
(i) Are designated planned actions by an ordinance or resolution adopted by a county, city, or town planning under
RCW 36.70A.040;
(ii) Have had the significant impacts adequately addressed in an environmental impact statement prepared in
conjunction with (A) a comprehensive plan or subarea plan adopted under chapter 36.70A RCW, or (B) a fully contained
community, a master planned resort, a master planned development, or a phased project;
(iii) Are subsequent or implementing projects for the proposals listed in (a)(ii) of this subsection;
(iv) Are located within an urban growth area, as defined in RCW 36.70A.030;
(v) Are not essential public facilities, as defined in RCW 36.70A.200; and
(vi) Are consistent with a comprehensive plan adopted under chapter 36.70A RCW.
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(b) A county, city, or town shall limit planned actions to certain types of development or to specific geographical areas
that are less extensive than the jurisdictional boundaries of the county, city, or town and may limit a planned action to a
time period identified in the environmental impact statement or the ordinance or resolution adopted under this
subsection.
(1995 c 347 § 203; 1983 c 117 § 1.]
Notes:
Finding -- Severability -- Part headings and table of contents not law -- 1995 c 347: See notes following RCW
36.70A.470.
43.21 C.033
Threshold determination to be made within ninety days after application is complete.
(1) Except as provided in subsection (2) of this section, the responsible official shall make a threshold determination on a
completed application within ninety days after the application and supporting documentation are complete. The applicant
may request an additional thirty days for the threshold determination. The governmental entity responsible for making the
threshold determination shall by rule, resolution, or ordinance adopt standards, consistent with rules adopted by the
department to implement this chapter, for determining when an application and supporting documentation are complete.
(2) This section shall not apply to a city, town, or county that:
(a) By ordinance adopted prior to April 1, 1992, has adopted procedures to integrate permit and land use decisions
with the requirements of this chapter; or
(b) Is planning under RCW 36.70A.040 and is subject to the requirements of *RCW 36.706.090.
[1995 c 347 § 422; 1992 c 208 § 1.]
Notes:
'Reviser's note: RCW 36.708.090 expired June 30, 2000, pursuant to 1998 c 286 § 8.
Finding -Severability -- Part headings and table of contents not law --1995 c 347: See notes following RCW
36.70A.470.
Effective date -- 1992 c 208 § 1: "Section 1 of this act shall take effect September 1, 1992." [1992 c 208 § 2.]
43.21 C.034
Use of existing documents.
Lead agencies are authorized to use in whole or in part existing environmental documents for new project or nonproject
actions, if the documents adequately address environmental considerations set forth in RCW 43.21 C.030. The prior
proposal or action and the new proposal or action need not be identical, but must have similar elements that provide a
basis for comparing their environmental consequences such as timing, types of impacts, alternatives, or geography. The
lead agency shall independently review the content of the existing documents and determine that the information and
analysis to be used is relevant and adequate. If necessary, the lead agency may require additional documentation to
ensure that all environmental impacts have been adequately addressed.
[1993 c 23 § 1.]
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43.21 C.035
Certain irrigation projects decisions exempt from RCW 43.21C.030(2)(c).
Decisions pertaining to applications for appropriation of fifty cubic feet of water per second or less for irrigation projects
promulgated by any person, private firm, private corporation or private association without resort to subsidy by either
state or federal government pursuant to RCW 90.03.250 through 90.03.340, as now or hereafter amended, to be used
for agricultural irrigation shall not be subject to the requirements of RCW 43.21 C.030(2)(c), as now or hereafter
amended.
[1974 ex.s. c 150 § 1.]
43.21 C.036
Hazardous substance remedial actions -Procedural requirements and documents to be integrated.
In conducting a remedial action at a facility pursuant to a consent decree, order, or agreed order issued pursuant to
chapter 70.105D RCW, or if conducted by the department of ecology, the department of ecology to the maximum extent
practicable shall integrate the procedural requirements and documents of this chapter with the procedures and
documents under chapter 70.105D RCW. Such integration shall at a minimum include the public participation procedures
of chapter 70.105D RCW and the public notice and review requirements of this chapter.
[1994 c 257 § 21.i
Notes:
Severability --1994 c 257: See note following RCW 36.70A.270.
43.21 C.037
Application of RCW 43.21C.030(2)(c) to forest practices.
(1) Decisions pertaining to applications for Class I, II, and III forest practices, as defined by rule of the forest practices
board under RCW 76.09.050, are not subject to the requirements of RCW 43.21 C.030(2)(c) as now or hereafter
amended.
(2) When the applicable county, city, or town requires a license in connection with any proposal involving forest
practices (a) on lands platted after January 1, 1960, as provided in chapter 58.17 RCW, (b) on lands that have or are
being converted to another use, or (c) on lands which, pursuant to RCW 76.09.070 as now or hereafter amended, are
not to be reforested because of the likelihood of future conversion to urban development, then the local government,
rather than the department of natural resources, is responsible for any detailed statement required under RCW
43.21..C...O....30.(2) (c).
(3) Those forest practices determined by rule of the forest practices board to have a potential for a substantial impact
on the environment, and thus to be Class IV practices, require an evaluation by the department of natural resources as
to whether or not a detailed statement must be prepared pursuant to this chapter. The evaluation shall be made within
ten days from the date the department receives the application. A Class IV forest practice application must be approved
or disapproved by the department within thirty calendar days from the date the department receives the application,
unless the department determines that a detailed statement must be made, in which case the application must be
approved or disapproved by the department within sixty days from the date the department receives the application,
unless the commissioner of public lands, through the promulgation of a formal order, determines that the process cannot
be completed within such period. This section shall not be construed to prevent any local or regional governmental entity
from determining that a detailed statement must be prepared for an action regarding a Class IV forest practice taken by
that governmental entity concerning the land on which forest practices will be conducted.
[1997 c 173 § 6; 1983 c 117 § 2; 1981 c 290 § 1.]
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43.21 C.038
Application of RCW 43.21C.030(2)(c) to school closures.
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Nothing in RCW 43.21 C.030(2)(c) shall be construed to require the preparation of an environmental impact statement or
the making of a threshold determination for any decision or any action commenced subsequent to September 1, 1982,
pertaining to a plan, program, or decision for the closure of a school or schools or for the school closure portion of any
broader policy, plan or program by a school district board of directors.
[1983 c 109 § 1.]
43.21 C.0381
Application of RCW 43.21C.030(2)(c) to decisions pertaining to air operating permits.
Decisions pertaining to the issuance, renewal, reopening, or revision of an air operating permit under RCW 70.94.161
are not subject to the requirements of RCW .4....3.2.1..C030(2)(c).
[1995 c 172 § 1.]
43.21 C.0382
Application of RCW 43.21C.030(2)(c) to watershed restoration projects -Fish habitat enhancement projects.
Decisions pertaining to watershed restoration projects as defined in RCW 89.08.460 are not subject to the requirements
of RCW 4..3.,21. C..030.(2)(c). Decisions pertaining to fish habitat enhancement projects meeting the criteria of *RCW
77.55.290(1) and being reviewed and approved according to the provisions of *RCW 77.55.290 are not subject to the
requirements of RCW 4.3..21C.030(2)(c).
[2003 c 39 § 23; 1998 c 249 § 12; 1995 c 378 § 12.]
Notes:
*Reviser's note: RCW 77.55.290 was recodified as RCW 77.55.181 pursuant to 2005 c 146 § 1001.
Findings -- Purpose -- Report -Effective date --1998 c 249: See notes following RCW 77.55.181.
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