title: RCW 36.70.250

text:
Any member of the board of adjustment may be removed by the chair of the board with the approval of the board for inefficiency, neglect of duty or malfeasance in office.
[ 2009 c 549 s 4115; 1963 c 4 s 36.70.250. Prior: 1959 c 201 s 25.]

catchline: Board of adjustment—Removal.


doc_type: statute

jurisdiction: wa

title: RCW 36.70.260

text:
The board of adjustment shall elect a chair and vice chair from among its members. The board of adjustment shall appoint a secretary who need not be a member of the board.
[ 2009 c 549 s 4116; 1963 c 4 s 36.70.260. Prior: 1959 c 201 s 26.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Board of adjustment—Organization.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 36.70.270

text:
The board of adjustment shall hold not less than one regular meeting in each month of each year: PROVIDED, That if no issues over which the board has jurisdiction are pending upon its calendar, a meeting may be canceled.
[ 1963 c 4 s 36.70.270. Prior: 1959 c 201 s 27.]

catchline: Board of adjustment—Meetings.


title: RCW 36.70.280

text:
The board of adjustment shall adopt rules for the transaction of its business and shall keep a public record of its transactions, findings and determinations.
[ 1963 c 4 s 36.70.280. Prior: 1959 c 201 s 28.]

catchline: Board of adjustment—Rules and records.


title: RCW 36.70.290

text:
The board shall provide the funds, equipment and accommodations necessary for the work of the planning agency. Such appropriations may include funds for joint ventures as set forth in RCW 36.70.180. The expenditures of the planning agency, exclusive of gifts, shall be within the amounts appropriated for the respective purposes. The provisions herein for financing the work of the planning agencies shall also apply to the board of adjustment and the zoning adjustor.
[ 1963 c 4 s 36.70.290. Prior: 1959 c 201 s 29.]

catchline: Appropriation for planning agency, board of adjustment.


title: RCW 36.70.300

text:
The planning agency of a county may accept gifts in behalf of the county to finance any planning work authorized by law.
[ 1963 c 4 s 36.70.300. Prior: 1959 c 201 s 30.]

catchline: Accept gifts.


title: RCW 36.70.310

text:
Members of planning agencies shall inform themselves on matter affecting the functions and duties of planning agencies. For that purpose, and when authorized, such members may attend planning conferences, meetings of planning executives or of technical bodies; hearings on planning legislation or matters relating to the work of the planning agency. The reasonable travel expenses, registration fees and other costs incident to such attendance at such meetings and conferences shall be charges upon the funds allocated to the planning agency. In addition, members of a commission may also receive reasonable travel expenses to and from their usual place of business to the place of a regular meeting of the commission. The planning agency may, when authorized, pay dues for membership in organizations specializing in the subject of planning. The planning agency may, when authorized, subscribe to technical publications pertaining to planning.
[ 1963 c 4 s 36.70.310. Prior: 1959 c 201 s 31.]

catchline: Conference and travel expenses—Commission members and staff.


title: RCW 36.70.315

text:
Any notice made under chapter 36.70 RCW that identifies affected property may identify this affected property without using a legal description of the property including, but not limited to, identification by an address, written description, vicinity sketch, or other reasonable means.
[ 1988 c 168 s 11.]

catchline: Public notice—Identification of affected property.


title: RCW 36.70.317

text:
(1) A property owner may make a written request for a statement of restrictions applicable to a single parcel, tract, lot, or block of real property located in an unincorporated portion of a county to the county in which the real property is located.
(2) Within thirty days of the receipt of the request, the county shall provide the owner, by registered mail, with a statement of restrictions as described in subsection (3) of this section.
(3) The statement of restrictions shall include the following:
(a) The zoning currently applicable to the real property;
(b) Pending zoning changes currently advertised for public hearing that would be applicable to the real property;
(c) Any designations made by the county pursuant to chapter 36.70A RCW of any portion of the real property as agricultural land, forestland, mineral resource land, wetland, an area with a critical recharging effect on aquifers used for potable water, a fish and wildlife habitat conservation area, a frequently flooded area, and as a geological hazardous area; and
(d) If information regarding the designations listed in (c) of this subsection are not readily available, inform the owner of the procedure by which the owner can obtain that site-specific information from the county.
(4) If a county fails to provide the statement of restrictions within thirty days after receipt of the written request, the owner shall be awarded recovery of all attorneys' fees and costs incurred in any successful application for a writ of mandamus to compel production of a statement.
(5) For purposes of this section:
(a) "Owner" means any vested owner or any person holding the buyer's interest under a recorded real estate contract in which the seller is the vested owner; and
(b) "Real property" means a parcel, tract, lot or block: (i) Containing a single-family residence that is occupied by the owner or a member of his or her family, or rented to another by the owner; or (ii) five acres or less in size.
(6) This section does not affect the vesting of permits or development rights.
Nothing in this section shall be deemed to create any liability on the part of a county.
[ 1996 c 206 s 8.]
Notes:
Effective date—1996 c 206 ss 6-8: See note following RCW 35.21.475.
Findings—1996 c 206: See note following RCW 43.05.030.

catchline: Statement of restrictions applicable to real property.


title: RCW 36.70.320

text:
Each planning agency shall prepare a comprehensive plan for the orderly physical development of the county, or any portion thereof, and may include any land outside its boundaries which, in the judgment of the planning agency, relates to planning for the county. The plan shall be referred to as the comprehensive plan, and, after hearings by the commission and approval by motion of the board, shall be certified as the comprehensive plan. Amendments or additions to the comprehensive plan shall be similarly processed and certified.
Any comprehensive plan adopted for a portion of a county shall not be deemed invalid on the ground that the remainder of the county is not yet covered by a comprehensive plan. *This 1973 amendatory act shall also apply to comprehensive plans adopted for portions of a county prior to April 24, 1973.
[ 1973 1st ex.s. c 172 s 1; 1963 c 4 s 36.70.320. Prior: 1959 c 201 s 32.]
Notes:
*Reviser's note: "This 1973 amendatory act" refers to 1973 1st ex.s. c 172 s 1.

catchline: Comprehensive plan.


title: RCW 36.70.330

text:
The comprehensive plan shall consist of a map or maps, and descriptive text covering objectives, principles and standards used to develop it, and shall include each of the following elements:
(1) A land use element which designates the proposed general distribution and general location and extent of the uses of land for agriculture, housing, commerce, industry, recreation, education, public buildings and lands, and other categories of public and private use of land, including a statement of the standards of population density and building intensity recommended for the various areas in the jurisdiction and estimates of future population growth in the area covered by the comprehensive plan, all correlated with the land use element of the comprehensive plan. The land use element shall also provide for protection of the quality and quantity of groundwater used for public water supplies and shall review drainage, flooding, and stormwater runoff in the area and nearby jurisdictions and provide guidance for corrective actions to mitigate or cleanse those discharges that pollute Puget Sound or waters entering Puget Sound. Development regulations to implement comprehensive plans under this chapter that are newly developed, updated, or amended after January 1, 2025, must allow for the siting of organic materials management facilities in the areas identified in RCW 70A.205.040(3)(a)(i) to the extent necessary to provide for the establishment of the organic materials management volumetric capacity identified under RCW 70A.205.040(3)(a)(ii);
(2) A circulation element consisting of the general location, alignment and extent of major thoroughfares, major transportation routes, trunk utility lines, and major terminal facilities, all of which shall be correlated with the land use element of the comprehensive plan;
(3) Any supporting maps, diagrams, charts, descriptive material and reports necessary to explain and supplement the above elements.
[ 2022 c 180 s 601; 1985 c 126 s 3; 1984 c 253 s 3; 1963 c 4 s 36.70.330. Prior: 1959 c 201 s 33.]
Notes:
Findings—Intent—Scope of authority of chapter 180, Laws of 2022—2022 c 180: See notes following RCW 70A.205.007.

catchline: Comprehensive plan—Required elements.


title: RCW 36.70.340

text:
When the comprehensive plan containing the mandatory subjects as set forth in RCW 36.70.330 shall have been approved by motion by the board and certified, it may thereafter be progressively amplified and augmented in scope by expanding and increasing the general provisions and proposals for all or any one of the required elements set forth in RCW 36.70.330 and by adding provisions and proposals for the optional elements set forth in RCW 36.70.350. The comprehensive plan may also be amplified and augmented in scope by progressively including more completely planned areas consisting of natural homogeneous communities, distinctive geographic areas, or other types of districts having unified interests within the total area of the county. In no case shall the comprehensive plan, whether in its entirety or area by area or subject by subject be considered to be other than in such form as to serve as a guide to the later development and adoption of official controls.
[ 1963 c 4 s 36.70.340. Prior: 1959 c 201 s 34.]

catchline: Comprehensive plan—Amplification of required elements.


title: RCW 36.70.350

text:
A comprehensive plan may include—
(1) a conservation element for the conservation, development and utilization of natural resources, including water and its hydraulic force, forests, water sheds, soils, rivers and other waters, harbors, fisheries, wild life, minerals and other natural resources,
(2) a solar energy element for encouragement and protection of access to direct sunlight for solar energy systems,
(3) a recreation element showing a comprehensive system of areas and public sites for recreation, natural reservations, parks, parkways, beaches, playgrounds and other recreational areas, including their locations and proposed development,
(4) a transportation element showing a comprehensive system of transportation, including general locations of rights-of-way, terminals, viaducts and grade separations. This element of the plan may also include port, harbor, aviation and related facilities,
(5) a transit element as a special phase of transportation, showing proposed systems of rail transit lines, including rapid transit in any form, and related facilities,
(6) a public services and facilities element showing general plans for sewerage, refuse disposal, drainage and local utilities, and rights-of-way, easements and facilities for such services,
(7) a public buildings element, showing general locations, design and arrangements of civic and community centers, and showing locations of public schools, libraries, police and fire stations and all other public buildings,
(8) a housing element, consisting of surveys and reports upon housing conditions and needs as a means of establishing housing standards to be used as a guide in dealings with official controls related to land subdivision, zoning, traffic, and other related matters,
(9) a renewal and/or redevelopment element comprising surveys, locations, and reports for the elimination of slums and other blighted areas and for community renewal and/or redevelopment, including housing sites, business and industrial sites, public building sites and for other purposes authorized by law,
(10) a plan for financing a capital improvement program,
(11) as a part of a comprehensive plan the commission may prepare, receive and approve additional elements and studies dealing with other subjects which, in its judgment, relate to the physical development of the county.
[ 1979 ex.s. c 170 s 10; 1963 c 4 s 36.70.350. Prior: 1959 c 201 s 35.]
Notes:
Severability—1979 ex.s. c 170: See note following RCW 64.04.140.
"Solar energy system" defined: RCW 36.70.025.

catchline: Comprehensive plan—Optional elements.


title: RCW 36.70.360

text:
During the formulation of the comprehensive plan, and especially in developing a specialized element of such comprehensive plan, the planning agency may cooperate to the extent it deems necessary with such authorities, departments or agencies as may have jurisdiction over the territory or facilities for which plans are being made, to the end that maximum correlation and coordination of plans may be secured and properly located sites for all public purposes may be indicated on the comprehensive plan.
[ 1963 c 4 s 36.70.360. Prior: 1959 c 201 s 36.]

catchline: Comprehensive plan—Cooperation with affected agencies.


title: RCW 36.70.370

text:
Whenever a planning agency has developed a comprehensive plan, or any addition or amendment thereto, covering any land outside of the boundaries of the county as provided in RCW 36.70.320, copies of any features of the comprehensive plan extending into an adjoining jurisdiction shall for purposes of information be filed with such adjoining jurisdiction.
[ 1963 c 4 s 36.70.370. Prior: 1959 c 201 s 37.]

catchline: Comprehensive plan—Filing of copies.


title: RCW 36.70.380

text:
Before approving all or any part of the comprehensive plan or any amendment, extension or addition thereto, the commission shall hold at least one public hearing and may hold additional hearings at the discretion of the commission.
[ 1963 c 4 s 36.70.380. Prior: 1959 c 201 s 38.]

catchline: Comprehensive plan—Public hearing required.


title: RCW 36.70.390

text:
Notice of the time, place and purpose of any public hearing shall be given by one publication in a newspaper of general circulation in the county and in the official gazette, if any, of the county, at least ten days before the hearing.
[ 1963 c 4 s 36.70.390. Prior: 1959 c 201 s 39.]

catchline: Comprehensive plan—Notice of hearing.


title: RCW 36.70.400

text:
The approval of the comprehensive plan, or of any amendment, extension or addition thereto, shall be by the affirmative vote of not less than a majority of the total members of the commission. Such approval shall be by a recorded motion which shall incorporate the findings of fact of the commission and the reasons for its action and the motion shall refer expressly to the maps, descriptive, and other matters intended by the commission to constitute the plan or amendment, addition or extension thereto. The indication of approval by the commission shall be recorded on the map and descriptive matter by the signatures of the chair and the secretary of the commission and of such others as the commission in its rules may designate.
[ 2009 c 549 s 4117; 1963 c 4 s 36.70.400. Prior: 1961 c 232 s 2; 1959 c 201 s 40.]


title: RCW 36.70.410

text:
When changed conditions or further studies by the planning agency indicate a need, the commission may amend, extend or add to all or part of the comprehensive plan in the manner provided herein for approval in the first instance.
[ 1963 c 4 s 36.70.410. Prior: 1959 c 201 s 41.]

catchline: Comprehensive plan—Amendment.


title: RCW 36.70.420

text:
A copy of a comprehensive plan or any part, amendment, extension of or addition thereto, together with the motion of the planning agency approving the same, shall be transmitted to the board for the purpose of being approved by motion and certified as provided in this chapter.
[ 1963 c 4 s 36.70.420. Prior: 1959 c 201 s 42.]

catchline: Comprehensive plan—Referral to board.


title: RCW 36.70.430

text:
When it deems it to be for the public interest, or when it considers a change in the recommendations of the planning agency to be necessary, the board may initiate consideration of a comprehensive plan, or any element or part thereof, or any change in or addition to such plan or recommendation. The board shall first refer the proposed plan, change or addition to the planning agency for a report and recommendation. Before making a report and recommendation, the commission shall hold at least one public hearing on the proposed plan, change or addition. Notice of the time and place and purpose of the hearing shall be given by one publication in a newspaper of general circulation in the county and in the official gazette, if any, of the county, at least ten days before the hearing.
[ 1963 c 4 s 36.70.430. Prior: 1959 c 201 s 43.]

catchline: Comprehensive plan—Board may initiate or change—Notice.


title: RCW 36.70.440

text:
After the receipt of the report and recommendations of the planning agency on the matters referred to in RCW 36.70.430, or after the lapse of the prescribed time for the rendering of such report and recommendation by the commission, the board may approve by motion and certify such plan, change or addition without further reference to the commission: PROVIDED, That the plan, change or addition conforms either to the proposal as initiated by the county or the recommendation thereon by the commission: PROVIDED FURTHER, That if the planning agency has failed to report within a ninety day period, the board shall hold at least one public hearing on the proposed plan, change or addition. Notice of the time, place and purpose of the hearing shall be given by one publication in a newspaper of general circulation in the county and in the official gazette, if any, of the county, at least ten days before the hearing. Thereafter, the board may proceed to approve by motion and certify the proposed comprehensive plan or any part, amendment or addition thereto.
[ 1963 c 4 s 36.70.440. Prior: 1959 c 201 s 44.]

catchline: Comprehensive plan—Board may approve or change—Notice.


title: RCW 36.70.450

text:
After a board has approved by motion and certified all or parts of a comprehensive plan for a county or for any part of a county, the planning agency shall use such plan as the basic source of reference and as a guide in reporting upon or recommending any proposed project, public or private, as to its purpose, location, form, alignment and timing. The report of the planning agency on any project shall indicate wherein the proposed project does or does not conform to the purpose of the comprehensive plan and may include proposals which, if effected, would make the project conform. If the planning agency finds that a proposed project reveals the justification or necessity for amending the comprehensive plan or any part of it, it may institute proceedings to accomplish such amendment, and in its report to the board on the project shall note that appropriate amendments to the comprehensive plan, or part thereof, are being initiated.
[ 1963 c 4 s 36.70.450. Prior: 1959 c 201 s 45.]

catchline: Planning agency—Relating projects to comprehensive plan.


title: RCW 36.70.460

text:
After all or part of the comprehensive plan of a county has been approved by motion and certified, the planning agency shall render an annual report to the board on the status of the plan and accomplishments thereunder.
[ 1963 c 4 s 36.70.460. Prior: 1959 c 201 s 46.]

catchline: Planning agency—Annual report.


title: RCW 36.70.470

text:
Each planning agency shall endeavor to promote public interest in, and understanding of, the comprehensive plan and its purpose, and of the official controls related to it.
[ 1963 c 4 s 36.70.470. Prior: 1959 c 201 s 47.]

catchline: Planning agency—Promotion of public interest in plan.


title: RCW 36.70.480

text:
Each planning agency shall, to the extent it deems necessary, cooperate with officials and agencies, public utility companies, civic, educational, professional and other organizations and citizens generally with relation to carrying out the purpose of the comprehensive plan.
[ 1963 c 4 s 36.70.480. Prior: 1959 c 201 s 48.]

catchline: Planning agency—Cooperation with agencies.


title: RCW 36.70.490

text:
Upon request, all public officials or agencies shall furnish to the planning agency within a reasonable time such available information as is required for the work of the planning agency.
[ 1963 c 4 s 36.70.490. Prior: 1959 c 201 s 49.]

catchline: Information to be furnished agency.


title: RCW 36.70.493

text:
(1) After June 10, 2004, a county may designate a manufactured housing community as a nonconforming use, but may not order the removal or phased elimination of an existing manufactured housing community because of its status as a nonconforming use.
(2) A county may not prohibit the entry or require the removal of a manufactured/mobile home, park model, or recreational vehicle authorized in a manufactured housing community under chapter 59.20 RCW on the basis of the community's status as a nonconforming use.
[ 2011 c 158 s 11; 2004 c 210 s 3.]
Notes:
Transfer of residual funds to manufactured home installation training account—2011 c 158: See note following RCW 43.22A.100.

catchline: Manufactured housing communities—Prohibitions of county due to community status as a nonconforming use.


title: RCW 36.70.495

text:
By July 31, 1997, a county planning under RCW 36.70A.040 shall provide to the county assessor a copy of the county'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 s 5.]

catchline: Planning regulations—Copies provided to county assessor.


title: RCW 36.70.500

text:
In the performance of their functions and duties, duly authorized members of a commission or planning staff may enter upon any land and make examinations and surveys: PROVIDED, That such entries, examinations and surveys do not damage or interfere with the use of the land by those persons lawfully entitled to the possession thereof.
[ 1963 c 4 s 36.70.500. Prior: 1959 c 201 s 50.]

catchline: Right of entry—Commission or planning staff.


title: RCW 36.70.510

text:
By general or special rule the board creating a planning agency may provide that other matters shall be referred to the planning agency before final action is taken thereupon by the board or officer having final authority on the matter, and final action thereon shall not be taken upon the matter so referred until the planning agency has submitted its report within such period of time as the board shall designate. In reporting upon the matters referred to in this section the planning agency may make such investigations, maps, reports and recommendations as it deems desirable.
[ 1963 c 4 s 36.70.510. Prior: 1959 c 201 s 51.]

catchline: Special referred matters—Reports.


title: RCW 36.70.520

text:
At least five months before the end of each fiscal year each county officer, department, board or commission and each governmental body whose jurisdiction lies entirely within the county, except incorporated cities and towns, whose functions include preparing and recommending plans for, or constructing major public works, shall submit to the respective planning agency a list of the proposed public works being recommended for initiation or construction during the ensuing fiscal year.
[ 1963 c 4 s 36.70.520. Prior: 1959 c 201 s 52.]

catchline: Required submission of capital expenditure projects.


title: RCW 36.70.530

text:
The planning agency shall list all such matters referred to in RCW 36.70.520 and shall prepare for and submit a report to the board which report shall set forth how each proposed project relates to all other proposed projects on the list and to all features in the comprehensive plan both as to location and timing. The planning agency shall report to the board through the planning director if there be such.
[ 1963 c 4 s 36.70.530. Prior: 1959 c 201 s 53.]

catchline: Relating capital expenditure projects to comprehensive plan.


title: RCW 36.70.540

text:
Whenever a county legislative authority has approved by motion and certified all or part of a comprehensive plan, no road, square, park or other public ground or open space shall be acquired by dedication or otherwise and no public building or structure shall be constructed or authorized to be constructed in the area to which the comprehensive plan applies until its location, purpose and extent has been submitted to and reported upon by the planning agency. The report by the planning agency shall set forth the manner and the degree to which the proposed project does or does not conform to the objectives of the comprehensive plan. If final authority is vested by law in some governmental officer or body other than the county legislative authority, such officer or governmental body shall report the project to the planning agency and the planning agency shall render its report to such officer or governmental body. In both cases the report of the planning agency shall be advisory only. Failure of the planning agency to report on such matter so referred to it within forty days or such longer time as the county legislative authority or other governmental officer or body may indicate, shall be deemed to be approval.
[ 1991 c 363 s 80; 1963 c 4 s 36.70.540. Prior: 1959 c 201 s 54.]
Notes:
Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180.

catchline: Referral procedure—Reports.


title: RCW 36.70.545

text:
Beginning July 1, 1992, the development regulations of each county that does not plan under RCW 36.70A.040 shall not be inconsistent with the county's comprehensive plan. For the purposes of this section, "development regulations" has the same meaning as set forth in RCW 36.70A.030.
[ 1990 1st ex.s. c 17 s 24.]
Notes:
Severability—Part, section headings not law—1990 1st ex.s. c 17: See RCW 36.70A.900 and 36.70A.901.

catchline: Development regulations—Consistency with comprehensive plan.


title: RCW 36.70.547

text:
Every county, city, and town in which there is located a general aviation airport that is operated for the benefit of the general public, whether publicly owned or privately owned public use, shall, through its comprehensive plan and development regulations, discourage the siting of incompatible uses adjacent to such general aviation airport. Such plans and regulations may only be adopted or amended after formal consultation with: Airport owners and managers, private airport operators, general aviation pilots, ports, and the aviation division of the department of transportation. All proposed and adopted plans and regulations shall be filed with the aviation division of the department of transportation within a reasonable time after release for public consideration and comment. Each county, city, and town may obtain technical assistance from the aviation division of the department of transportation to develop plans and regulations consistent with this section.
Any additions or amendments to comprehensive plans or development regulations required by this section may be adopted during the normal course of land-use proceedings.
This section applies to every county, city, and town, whether operating under chapter 35.63, 35A.63, 36.70, [or] 36.70A RCW, or under a charter.
[ 1996 c 239 s 2.]

catchline: General aviation airports—Siting of incompatible uses.


title: RCW 36.70.550

text:
From time to time, the planning agency may, or if so requested by the board shall, cause to be prepared official controls which, when adopted by ordinance by the board, will further the objectives and goals of the comprehensive plan. The planning agency may also draft such regulations, programs and legislation as may, in its judgment, be required to preserve the integrity of the comprehensive plan and assure its systematic execution, and the planning agency may recommend such plans, regulations, programs and legislation to the board for adoption.
[ 1963 c 4 s 36.70.550. Prior: 1959 c 201 s 55.]

catchline: Official controls.


title: RCW 36.70.560

text:
Official controls may include:
(1) Maps showing the exact boundaries of zones within each of which separate controls over the type and degree of permissible land uses are defined;
(2) Maps for streets showing the exact alignment, gradients, dimensions and other pertinent features, and including specific controls with reference to protecting such accurately defined future rights-of-way against encroachment by buildings, other physical structures or facilities;
(3) Maps for other public facilities, such as parks, playgrounds, civic centers, etc., showing exact location, size, boundaries and other related features, including appropriate regulations protecting such future sites against encroachment by buildings and other physical structures or facilities;
(4) Specific regulations and controls pertaining to other subjects incorporated in the comprehensive plan or establishing standards and procedures to be employed in land development including, but not limited to, subdividing of land and the approval of land plats and the preservation of streets and lands for other public purposes requiring future dedication or acquisition and general design of physical improvements, and the encouragement and protection of access to direct sunlight for solar energy systems.
[ 1979 ex.s. c 170 s 11; 1963 c 4 s 36.70.560. Prior: 1959 c 201 s 56.]
Notes:
Severability—1979 ex.s. c 170: See note following RCW 64.04.140.
"Solar energy system" defined: RCW 36.70.025.

catchline: Official controls—Forms of controls.


title: RCW 36.70.570

text:
Official controls shall be adopted by ordinance and shall further the purpose and objectives of a comprehensive plan and parts thereof.
[ 1963 c 4 s 36.70.570. Prior: 1959 c 201 s 57.]

catchline: Official controls—Adoption.


title: RCW 36.70.580

text:
Before recommending an official control or amendment to the board for adoption, the commission shall hold at least one public hearing.
[ 1963 c 4 s 36.70.580. Prior: 1959 c 201 s 58.]

catchline: Official controls—Public hearing by commission.


title: RCW 36.70.590

text:
Notice of the time, place and purpose of the hearing shall be given by one publication in a newspaper of general circulation in the county and in the official gazette, if any, of the county at least ten days before the hearing. The board may prescribe additional methods for providing notice.
[ 1963 c 4 s 36.70.590. Prior: 1959 c 201 s 59.]

catchline: Official controls—Notice of hearing.


title: RCW 36.70.600

text:
The recommendation to the board of any official control or amendments thereto by the planning agency shall be by the affirmative vote of not less than a majority of the total members of the commission. Such approval shall be by a recorded motion which shall incorporate the findings of fact of the commission and the reasons for its action and the motion shall refer expressly to the maps, descriptive and other matters intended by the commission to constitute the plan, or amendment, addition or extension thereto. The indication of approval by the commission shall be recorded on the map and descriptive matter by the signatures of the chair and the secretary of the commission and of such others as the commission in its rules may designate.
[ 2009 c 549 s 4118; 1963 c 4 s 36.70.600. Prior: 1961 c 232 s 3; 1959 c 201 s 60.]

catchline: Official controls—Recommendation to board—Required vote.


title: RCW 36.70.610

text:
A copy of any official control or amendment recommended pursuant to RCW 36.70.550, 36.70.560, 36.70.570 and 36.70.580 shall be submitted to the board not later than fourteen days following the action by the commission and shall be accompanied by the motion of the planning agency approving the same, together with a statement setting forth the factors considered at the hearing, and analysis of findings considered by the commission to be controlling.
[ 1963 c 4 s 36.70.610. Prior: 1961 c 232 s 4; 1959 c 201 s 61.]

catchline: Official controls—Reference to board.


title: RCW 36.70.620

text:
Upon receipt of any recommended official control or amendment thereto, the board shall at its next regular public meeting set the date for a public meeting where it may, by ordinance, adopt or reject the official control or amendment.
[ 1963 c 4 s 36.70.620. Prior: 1959 c 201 s 62.]

catchline: Official controls—Action by board.


title: RCW 36.70.630

text:
If after considering the matter at a public meeting as provided in RCW 36.70.620 the board deems a change in the recommendations of the planning agency to be necessary, the change shall not be incorporated in the recommended control until the board shall conduct its own public hearing, giving notice thereof as provided in RCW 36.70.590, and it shall adopt its own findings of fact and statement setting forth the factors considered at the hearing and its own analysis of findings considered by it to be controlling.
[ 1963 c 4 s 36.70.630. Prior: 1961 c 232 s 5; 1959 c 201 s 63.]

catchline: Official controls—Board to conduct hearing, adopt findings prior to incorporating changes in recommended control.


title: RCW 36.70.640

text:
When it deems it to be for the public interest, the board may initiate consideration of an ordinance establishing an official control, or amendments to an existing official control, including those specified in RCW 36.70.560. The board shall first refer the proposed official control or amendment to the planning agency for report which shall, thereafter, be considered and processed in the same manner as that set forth in RCW 36.70.630 regarding a change in the recommendation of the planning agency.
[ 1963 c 4 s 36.70.640. Prior: 1959 c 201 s 64.]

catchline: Official controls—Board may initiate.


title: RCW 36.70.650

text:
The report and recommendation by the planning agency, whether on a proposed control initiated by it, whether on a matter referred back to it by the board for further report, or whether on a matter initiated by the board, shall be advisory only and the final determination shall rest with the board.
[ 1963 c 4 s 36.70.650. Prior: 1959 c 201 s 65.]

catchline: Board final authority.


title: RCW 36.70.660

text:
The provisions of this chapter with references to the procedures to be followed in the adoption of official controls shall apply only to establishing official controls pertaining to subjects set forth in RCW 36.70.560.
[ 1963 c 4 s 36.70.660. Prior: 1959 c 201 s 66.]

catchline: Procedures for adoption of controls limited to planning matters.


title: RCW 36.70.670

text:
The board may determine and establish administrative rules and procedures for the application and enforcement of official controls, and may assign or delegate such administrative functions, powers and duties to such department or official as may be appropriate.
[ 1963 c 4 s 36.70.670. Prior: 1959 c 201 s 67.]

catchline: Enforcement—Official controls.


title: RCW 36.70.675

text:
Each county that does not provide for the siting of family day care homes in zones that are designated for single-family or other residential uses, and for the siting of mini-day care centers and day care centers in zones that are designated for any residential or commercial uses, shall conduct a review of the need and demand for child care facilities, including the cost of any conditional or special use permit that may be required. The review shall be completed by August 30, 1990. A copy of the findings, conclusions, and recommendations resulting from the review shall be sent to the *department of community development by September 30, 1990.
On or before June 30, 1991, each municipality that plans and zones under this chapter shall have adopted an ordinance or ordinances that are necessary to implement the findings of this review, if the findings indicate that such changes are necessary, or shall notify the *department of community development as to why such implementing ordinances were not adopted.
[ 1989 c 335 s 6.]
Notes:
*Reviser's note: Powers, duties, and functions of the department of community development and the department of trade and economic development were transferred to the department of community, trade, and economic development by 1993 c 280, effective July 1, 1994. The "department of community, trade, and economic development" was renamed the "department of commerce" by 2009 c 565.
Findings—Purpose—Severability—1989 c 335: See notes following RCW 35.63.170.
Definitions for RCW 36.70.675: See RCW 35.63.170.

catchline: Child care facilities—Review of need and demand—Adoption of ordinances.


title: RCW 36.70.678

text:
A final decision by a hearing examiner involving a conditional or special use permit application under this chapter that is requested by a party that is licensed or certified by the department of social and health services or the department of corrections is subject to mediation under RCW 35.63.260 before an appeal may be filed.
[ 1998 c 119 s 3.]

catchline: Conditional and special use permit applications by parties licensed or certified by the department of social and health services or the department of corrections—Mediation prior to appeal required.


title: RCW 36.70.680

text:
The planning agency shall review all proposed land plats and subdivisions and make recommendations to the board thereon with reference to approving, or recommending any modifications necessary to assure conformance to the general purposes of the comprehensive plan and to standards and specifications established by state law or local controls.
[ 1963 c 4 s 36.70.680. Prior: 1959 c 201 s 68.]

catchline: Subdividing and platting.


title: RCW 36.70.690

text:
No county shall improve any street or lay or authorize the laying of sewers or connections or other improvements to be laid in any street within any territory for which the board has adopted an official control in the form of precise street map or maps, until the matter has been referred to the planning agency by the department or official having jurisdiction for a report thereon and a copy of the report has been filed with the department or official making the reference unless one of the following conditions apply:
(1) The street has been accepted, opened, or has otherwise received legal status of a public street;
(2) It corresponds with and conforms to streets shown on the official controls applicable to the subject;
(3) It corresponds with and conforms to streets shown on a subdivision (land plat) approved by the board.
[ 1963 c 4 s 36.70.690. Prior: 1959 c 201 s 69.]

catchline: County improvements.


title: RCW 36.70.692

text:
For the purposes of complying with the requirements of this chapter, county development regulations must ensure that proposed water uses are consistent with RCW 90.44.050 and with applicable rules adopted pursuant to chapters 90.22 and 90.54 RCW when making decisions under RCW 19.27.097 and 58.17.110.
[ 2018 c 1 s 103.]
Notes:
Intent—2018 c 1: See note following RCW 90.94.010.
Effective date—2018 c 1: See RCW 90.94.900.

catchline: County development regulations—Proposed water uses.


title: RCW 36.70.695

text:
(1) By July 1, 2010, the development regulations of any jurisdiction with a population over six hundred thousand or with a state capitol within its borders planning under this chapter must allow electric vehicle infrastructure as a use in all areas within one mile of Interstate 5, Interstate 90, Interstate 405, or state route number 520, except those zoned for residential or resource use or critical areas. A jurisdiction may adopt and apply other development regulations that do not have the effect of precluding the siting of electric vehicle infrastructure in areas where that use is allowed.
(2) By July 1, 2011, or six months after the distribution required under RCW 43.31.970 occurs, whichever is later, the development regulations of any jurisdiction planning under this chapter must allow electric vehicle infrastructure as a use in all areas within one mile of Interstate 5, Interstate 90, Interstate 405, or state route number 520, except those zoned for residential or resource use or critical areas. A jurisdiction may adopt and apply other development regulations that do not have the effect of precluding the siting of electric vehicle infrastructure in areas where that use is allowed.
(3) By July 1, 2011, or six months after the distribution required under RCW 43.31.970 occurs, whichever is later, the development regulations of any jurisdiction planning under this chapter must allow battery charging stations as a use in all areas except those zoned for residential or resource use or critical areas. A jurisdiction may adopt and apply other development regulations that do not have the effect of precluding the siting of electric vehicle infrastructure in areas where that use is allowed.
(4) Counties are authorized to adopt incentive programs to encourage the retrofitting of existing structures with the electrical outlets capable of charging electric vehicles. Incentives may include bonus height, site coverage, floor area ratio, and transferable development rights for use in urban growth areas.
(5) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Battery charging station" means an electrical component assembly or cluster of component assemblies designed specifically to charge batteries within electric vehicles, which meet or exceed any standards, codes, and regulations set forth by chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540.
(b) "Battery exchange station" means a fully automated facility that will enable an electric vehicle with a swappable battery to enter a drive lane and exchange the depleted battery with a fully charged battery through a fully automated process, which meets or exceeds any standards, codes, and regulations set forth by chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540.
(c) "Electric vehicle infrastructure" means structures, machinery, and equipment necessary and integral to support an electric vehicle, including battery charging stations, rapid charging stations, and battery exchange stations.
(d) "Rapid charging station" means an industrial grade electrical outlet that allows for faster recharging of electric vehicle batteries through higher power levels, which meets or exceeds any standards, codes, and regulations set forth by chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540.
(6) If federal funding for public investment in electric vehicles, electric vehicle infrastructure, or alternative fuel distribution infrastructure is not provided by February 1, 2010, subsection (1) of this section is null and void.
[ 2009 c 459 s 11.]
Notes:
Finding—Purpose—2009 c 459: See note following RCW 47.80.090.
Regional transportation planning organizations—Electric vehicle infrastructure: RCW 47.80.090.

catchline: Development regulations—Jurisdictions specified—Electric vehicle infrastructure.


title: RCW 36.70.700

text:
Failure of the planning agency to report on the matters referred to in RCW 36.70.690 within forty days after the reference, or such longer period as may be designated by the board, department or official making the reference, shall be deemed to be approval of such matter.
[ 1963 c 4 s 36.70.700. Prior: 1959 c 201 s 70.]

catchline: Planning agency—Time limit for report.


title: RCW 36.70.710

text:
Reports and recommendations by the planning agency on all matters shall be advisory only, and final determination shall rest with the administrative body, official, or the board whichever has authority to decide under applicable law.
[ 1963 c 4 s 36.70.710. Prior: 1959 c 201 s 71.]

catchline: Final authority.


title: RCW 36.70.720

text:
Zoning maps as an official control may be adopted only for areas covered by a comprehensive plan containing not less than a land use element and a circulation element. Zoning ordinances and maps adopted prior to June 10, 1959, are hereby validated, provided only that at the time of their enactment the comprehensive plan for the county existed according to law applicable at that time.
[ 1963 c 4 s 36.70.720. Prior: 1959 c 201 s 72.]

catchline: Prerequisite for zoning.


title: RCW 36.70.730

text:
The text of a zoning ordinance may be prepared and adopted in the absence of a comprehensive plan providing no zoning map or portion of a zoning map may be adopted thereunder until there has been compliance with the provisions of RCW 36.70.720.
[ 1963 c 4 s 36.70.730. Prior: 1959 c 201 s 73.]

catchline: Text without map.


title: RCW 36.70.740

text:
Because of practical considerations, the total area of a county to be brought under the control of zoning may be divided into areas possessing geographical, topographical or urban identity and such divisions may be progressively and separately officially mapped.
[ 1963 c 4 s 36.70.740. Prior: 1959 c 201 s 74.]

catchline: Zoning map—Progressive adoption.


title: RCW 36.70.750

text:
Any board, by ordinance, may establish classifications, within each of which, specific controls are identified, and which will regulate:
(1) The use of buildings, structures, and land as between agriculture, industry, business, residence, and other purposes;
(2) The location, height, bulk, number of stories, and size of buildings and structures; the size of yards, courts, and other open spaces; the density of population; the percentage of a lot which may be occupied by buildings and structures; and the area required to provide off-street facilities for the parking of motor vehicles; and
(3) The minimum gross floor area requirements for single-family detached dwellings, including the elimination of such requirements or reduction of such requirements below the minimum performance standards and objectives contained in the state building code.
[ 2018 c 302 s 6; 1963 c 4 s 36.70.750. Prior: 1959 c 201 s 75.]

catchline: Zoning—Types of regulations.


title: RCW 36.70.755

text:
Each county that does not provide for the siting of residential care facilities in zones that are designated for single-family or other residential uses, shall conduct a review of the need and demand for the facilities, including the cost of any conditional or special use permit that may be required. The review shall be completed by August 30, 1990. A copy of the findings, conclusions, and recommendations resulting from the review shall be sent to the *department of community development by September 30, 1990.
On or before June 30, 1991, each municipality that plans and zones under this chapter shall have adopted an ordinance or ordinances that are necessary to implement the findings of this review, if the findings indicate that such changes are necessary, or shall notify the *department of community development as to why such implementing ordinances were not adopted.
[ 1989 c 427 s 38.]
Notes:
*Reviser's note: Powers, duties, and functions of the department of community development and the department of trade and economic development were transferred to the department of community, trade, and economic development by 1993 c 280, effective July 1, 1994. The "department of community, trade, and economic development" was renamed the "department of commerce" by 2009 c 565.

catchline: Residential care facilities—Review of need and demand—Adoption of ordinances.


title: RCW 36.70.757

text:
(1) Except as provided in subsections (2) and (3) of this section, no county may enact, enforce, or maintain an ordinance, development regulation, zoning regulation, or official control, policy, or administrative practice that prohibits the use of a residential dwelling, located in an area zoned for residential or commercial use, as a family day-care provider's facility serving twelve or fewer children.
(2) A county may require that the facility: (a) Comply with all building, fire, safety, health code, and business licensing requirements; (b) conform to lot size, building size, setbacks, and lot coverage standards applicable to the zoning district except if the structure is a legal nonconforming structure; (c) is certified by the department of children, youth, and families licensor as providing a safe passenger loading area; (d) include signage, if any, that conforms to applicable regulations; and (e) limit hours of operations to facilitate neighborhood compatibility, while also providing appropriate opportunity for persons who use family day-care who work a nonstandard work shift.
(3) A county may also require that the family day-care provider, before state licensing, require proof of written notification by the provider that the immediately adjoining property owners have been informed of the intent to locate and maintain such a facility. If a dispute arises between neighbors and the day-care provider over licensing requirements, the licensor may provide a forum to resolve the dispute.
(4) This section may not be construed to prohibit a county from imposing zoning conditions on the establishment and maintenance of a family day-care provider's home serving twelve or fewer children in an area zoned for residential or commercial use, if the conditions are no more restrictive than conditions imposed on other residential dwellings in the same zone and the establishment of such facilities is not precluded. As used in this section, "family day-care provider" is as defined in RCW 43.216.010.
[ 2018 c 58 s 23; 2007 c 17 s 12; 2003 c 286 s 2.]
Notes:
Effective date—2018 c 58: See note following RCW 28A.655.080.

catchline: Family day-care provider's home facility—County may not prohibit in residential or commercial area—Conditions.


title: RCW 36.70.760

text:
For the purpose set forth in RCW 36.70.750 the county may divide a county, or portions thereof, into zones which, by number, shape, area and classification are deemed to be best suited to carry out the purposes of this chapter.
[ 1963 c 4 s 36.70.760. Prior: 1959 c 201 s 76.]

catchline: Establishing zones.


title: RCW 36.70.770

text:
All regulations shall be uniform in each zone, but the regulations in one zone may differ from those in other zones.
[ 1963 c 4 s 36.70.770. Prior: 1959 c 201 s 77.]

catchline: All regulations shall be uniform in each zone.


title: RCW 36.70.780

text:
After the adoption of the first map provided for in RCW 36.70.740, and pending the time that all property within a county can be precisely zoned through the medium of a zoning map, all properties not so precisely zoned by map shall be given a classification affording said properties such broad protective controls as may be deemed appropriate and necessary to serve public and private interests. Such controls shall be clearly set forth in the zoning ordinance in the form of a zone classification, and such classification shall apply to such areas until they shall have been included in the detailed zoning map in the manner provided for the adoption of a zoning map.
[ 1963 c 4 s 36.70.780. Prior: 1959 c 201 s 78.]

catchline: Classifying unmapped areas.


title: RCW 36.70.790

text:
If the planning agency in good faith, is conducting or intends to conduct studies within a reasonable time for the purpose of, or is holding a hearing for the purpose of, or has held a hearing and has recommended to the board the adoption of any zoning map or amendment or addition thereto, or in the event that new territory for which no zoning may have been adopted as set forth in RCW 36.70.800 may be annexed to a county, the board, in order to protect the public safety, health and general welfare may, after report from the commission, adopt as an emergency measure a temporary interim zoning map the purpose of which shall be to so classify or regulate uses and related matters as constitute the emergency.
[ 1963 c 4 s 36.70.790. Prior: 1959 c 201 s 79.]

catchline: Interim zoning.


title: RCW 36.70.795

text:
A board that adopts a moratorium, interim zoning map, interim zoning ordinance, or interim official control without holding a public hearing on the proposed moratorium, interim zoning map, interim zoning ordinance, or interim official control, shall hold a public hearing on the adopted moratorium, interim zoning map, interim zoning ordinance, or interim official control within at least sixty days of its adoption, whether or not the board received a recommendation on the matter from the commission or department. If the board does not adopt findings of fact justifying its action before this hearing, then the board shall do so immediately after this public hearing. A moratorium, interim zoning map, interim zoning ordinance, or interim official control adopted under this section may be effective for not longer than six months, but may be effective for up to one year if a work plan is developed for related studies providing for such a longer period. A moratorium, interim zoning map, interim zoning ordinance, or interim official control may be renewed for one or more six-month periods if a subsequent public hearing is held and findings of fact are made prior to each renewal.
[ 1992 c 207 s 4.]

catchline: Moratoria, interim zoning controls—Public hearing—Limitation on length.


title: RCW 36.70.800

text:
An amendment to the text of a zoning ordinance which does not impose, remove or modify any regulation theretofore existing and affecting the zoning status of land shall be processed in the same manner prescribed by this chapter for the adoption of an official control except that no public hearing shall be required either by the commission or the board.
[ 1963 c 4 s 36.70.800. Prior: 1959 c 201 s 80.]

catchline: Procedural amendments—Zoning ordinance.


title: RCW 36.70.810

text:
The board of adjustment, subject to appropriate conditions and safeguards as provided by the zoning ordinance or the ordinance establishing the board of adjustment, if there be such, shall hear and decide:
(1) Applications for conditional uses or other permits when the zoning ordinance sets forth the specific uses to be made subject to conditional use permits and establishes criteria for determining the conditions to be imposed;
(2) Application for variances from the terms of the zoning ordinance: PROVIDED, That any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which subject property is situated, and that the following circumstances are found to apply;
(a) because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive subject property of rights and privileges enjoyed by other properties in the vicinity and under identical zone classification;
(b) that the granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which subject property is situated.
(3) Appeals, where it is alleged by the applicant that there is error in any order, requirement, permit, decision, or determination made by an administrative official in the administration or enforcement of this chapter or any ordinance adopted pursuant to it.
[ 1963 c 4 s 36.70.810. Prior: 1959 c 201 s 81.]

catchline: Board of adjustment—Authority.


title: RCW 36.70.820

text:
The board of adjustment may also exercise such other quasi-judicial powers as may be granted by county ordinance.
[ 1963 c 4 s 36.70.820. Prior: 1959 c 201 s 82.]

catchline: Board of adjustment—Quasi-judicial powers.


title: RCW 36.70.830

text:
Appeals may be taken to the board of adjustment by any person aggrieved, or by any officer, department, board or bureau of the county affected by any decision of an administrative official. Such appeals shall be filed in writing in duplicate with the board of adjustment within twenty days of the date of the action being appealed.
[ 1963 c 4 s 36.70.830. Prior: 1959 c 201 s 83.]

catchline: Board of adjustment—Appeals—Time limit.


title: RCW 36.70.840

text:
Upon the filing of an application for a conditional use permit or a variance as set forth in RCW 36.70.810, the board of adjustment shall set the time and place for a public hearing on such matter, and written notice thereof shall be addressed through the United States mail to all property owners of record within a radius of three hundred feet of the exterior boundaries of subject property. The written notice shall be mailed not less than twelve days prior to the hearing.
[ 1963 c 4 s 36.70.840. Prior: 1959 c 201 s 84.]

catchline: Board of adjustment—Notice of time and place of hearing on conditional permit.


title: RCW 36.70.850

text:
Upon the filing of an appeal from an administrative determination, or from the action of the zoning adjustor, the board of adjustment shall set the time and place at which the matter will be considered. At least a ten day notice of such time and place together with one copy of the written appeal, shall be given to the official whose decision is being appealed. At least ten days notice of the time and place shall also be given to the adverse parties of record in the case. The officer from whom the appeal is being taken shall forthwith transmit to the board of adjustment all of the records pertaining to the decision being appealed from, together with such additional written report as he or she deems pertinent.
[ 2009 c 549 s 4119; 1963 c 4 s 36.70.850. Prior: 1959 c 201 s 85.]

catchline: Board of adjustment—Appeal—Notice of time and place.


title: RCW 36.70.860

text:
In exercising the powers granted by RCW 36.70.810 and 36.70.820, the board of adjustment may, in conformity with this chapter, reverse or affirm, wholly or in part, or may modify the order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as should be made and, to that end, shall have all the powers of the officer from whom the appeal is taken, insofar as the decision on the particular issue is concerned.
[ 1963 c 4 s 36.70.860. Prior: 1959 c 201 s 86.]

catchline: Board of adjustment—Scope of authority on appeal.


title: RCW 36.70.870

text:
If the office of zoning adjustor is established as provided in this chapter, all of the provisions of this chapter defining the powers, duties, and procedures of the board of adjustment shall also apply to the zoning adjustor.
[ 1963 c 4 s 36.70.870. Prior: 1959 c 201 s 87.]

catchline: Zoning adjustor—Powers and duties.


title: RCW 36.70.880

text:
The action by the zoning adjustor on all matters coming before him or her shall be final and conclusive unless within ten days after the zoning adjustor has made his or her order, requirement, decision or determination, an appeal in writing is filed with the board of adjustment. Such an appeal may be taken by the original applicant, or by opponents of record in the case.
[ 2009 c 549 s 4120; 1963 c 4 s 36.70.880. Prior: 1959 c 201 s 88.]

catchline: Zoning adjustor—Action final unless appealed.


title: RCW 36.70.890

text:
The action by the board of adjustment on an application for a conditional use permit or a variance, or on an appeal from the decision of the zoning adjustor or an administrative officer shall be final and conclusive unless within ten days from the date of said action the original applicant or an adverse party makes application to a court of competent jurisdiction for a writ of certiorari, a writ of prohibition or a writ of mandamus.
[ 1963 c 4 s 36.70.890. Prior: 1959 c 201 s 89.]

catchline: Board of adjustment—Action final—Writs.


title: RCW 36.70.900

text:
Both the board of adjustment and the zoning adjustor shall, in making an order, requirement, decision or determination, include in a written record of the case the findings of fact upon which the action is based.
[ 1963 c 4 s 36.70.900. Prior: 1959 c 201 s 90.]

catchline: Inclusion of findings of fact.


title: RCW 36.70.910

text:
This chapter shall be known as the "Planning Enabling Act of the State of Washington".
[ 1963 c 4 s 36.70.910. Prior: 1959 c 201 s 91.]

catchline: Short title.


title: RCW 36.70.920

text:
Any duties and responsibilities which by other acts are imposed upon a planning commission shall, after June 10, 1959, be performed by a planning agency however constituted.
[ 1963 c 4 s 36.70.920. Prior: 1959 c 201 s 92.]

catchline: Duties and responsibilities imposed by other acts.


title: RCW 36.70.930

text:
This chapter shall not repeal, amend, or modify any other law providing for planning methods but shall be deemed an alternative method providing for such purpose.
[ 1963 c 4 s 36.70.930. Prior: 1959 c 201 s 93.]

catchline: Chapter alternative method.


title: RCW 36.70.940

text:
Any county or counties presently operating under the provisions of chapter 35.63 RCW may elect to operate henceforth under the provisions of this chapter. Such election shall be effected by the adoption of an ordinance under the procedure prescribed by RCW 36.32.120(7), and by compliance with the provisions of this chapter.
[ 1963 c 4 s 36.70.940. Prior: 1959 c 201 s 94.]

catchline: Elective adoption.


title: RCW 36.70.970

text:
(1) As an alternative to those provisions of this chapter relating to powers or duties of the planning commission to hear and issue recommendations on applications for plat approval and applications for amendments to the zoning ordinance, the county legislative authority may adopt a hearing examiner system under which a hearing examiner or hearing examiners may hear and issue decisions on proposals for plat approval and for amendments to the zoning ordinance when the amendment which is applied for is not of general applicability. In addition, the legislative authority may vest in a hearing examiner the power to hear and decide those issues it believes should be reviewed and decided by a hearing examiner, including but not limited to:
(a) Applications for conditional uses, variances, shoreline permits, or any other class of applications for or pertaining to development of land or land use;
(b) Appeals of administrative decisions or determinations; and
(c) Appeals of administrative decisions or determinations pursuant to chapter 43.21C RCW.
The legislative authority shall prescribe procedures to be followed by a hearing examiner.
Any county which vests in a hearing examiner the authority to hear and decide conditional uses and variances shall not be required to have a zoning adjuster or board of adjustment.
(2) Each county legislative authority electing to use a hearing examiner pursuant to this section shall by ordinance specify the legal effect of the decisions made by the examiner. Such legal effect may vary for the different classes of applications decided by the examiner but shall include one of the following:
(a) The decision may be given the effect of a recommendation to the legislative authority;
(b) The decision may be given the effect of an administrative decision appealable within a specified time limit to the legislative authority; or
(c) Except in the case of a rezone, the decision may be given the effect of a final decision of the legislative authority.
(3) Each final decision of a hearing examiner shall be in writing and shall include findings and conclusions, based on the record, to support the decision. Such findings and conclusions shall also set forth the manner in which the decision would carry out and conform to the county's comprehensive plan and the county's development regulations. Each final decision of a hearing examiner, unless a longer period is mutually agreed to in writing by the applicant and the hearing examiner, shall be rendered within ten working days following conclusion of all testimony and hearings.
[ 1995 c 347 s 425; 1994 c 257 s 9; 1977 ex.s. c 213 s 3.]
Notes:
Finding—Severability—Part headings and table of contents not law—1995 c 347: See notes following RCW 36.70A.470.
Severability—1994 c 257: See note following RCW 36.70A.270.
Severability—1977 ex.s. c 213: See note following RCW 35.63.130.

catchline: Hearing examiner system—Adoption authorized—Alternative—Functions—Procedures.


title: RCW 36.70.980

text:
With respect to the National Scenic Area, as defined in the Columbia River Gorge National Scenic Area Act, P.L. 99-663, the exercise of any power or authority by a county or city pursuant to this chapter shall be subject to and in conformity with the requirements of chapter 43.97 RCW, including the Interstate Compact adopted by RCW 43.97.015, and with the management plan regulations and ordinances adopted by the Columbia River Gorge commission pursuant to the Compact.
[ 1987 c 499 s 9.]

catchline: Conformance with chapter 43.97 RCW required.


title: RCW 36.70.982

text:
A county is not liable for adverse impacts resulting from a fish enhancement project that meets the criteria of RCW 77.55.181 and has been permitted by the department of fish and wildlife.
[ 2014 c 120 s 13; 2003 c 39 s 19; 1998 c 249 s 8.]
Notes:
Findings—Purpose—Report—Effective date—1998 c 249: See notes following RCW 77.55.181.

catchline: Fish enhancement projects—County's liability.


title: RCW 36.70.990

text:
No county may enact or maintain an ordinance, development regulation, zoning regulation or official control, policy, or administrative practice which treats a residential structure occupied by persons with handicaps differently than a similar residential structure occupied by a family or other unrelated individuals. As used in this section, "handicaps" are as defined in the federal fair housing amendments act of 1988 (42 U.S.C. Sec. 3602).
[ 1993 c 478 s 22.]

catchline: Treatment of residential structures occupied by persons with handicaps.


title: RCW 36.70.992

text:
(1) A permit required under this chapter for a watershed restoration project as defined in RCW 89.08.460 shall be processed in compliance with RCW 89.08.450 through 89.08.510.
(2) A fish habitat enhancement project meeting the criteria of RCW 77.55.181 shall be reviewed and approved according to the provisions of RCW 77.55.181.
[ 2014 c 120 s 14; 2003 c 39 s 20; 1998 c 249 s 7; 1995 c 378 s 10.]
Notes:
Findings—Purpose—Report—Effective date—1998 c 249: See notes following RCW 77.55.181.

catchline: Watershed restoration projects—Permit processing—Fish habitat enhancement project.


title: RCW 36.70.994

text:
(1) A county may encourage an applicant of a project permit or commercial building permit to include pollinator friendly plants in any landscaped area to the extent practicable by:
(a) Providing the list of native forage plants as developed by the department of agriculture in compliance with RCW 39.04.410 to applicants for project permits;
(b) Providing information regarding the benefits of pollinators and pollinator habitat; and
(c) Offering incentives, including expedited processing or reduced application fees, for permit applicants that include pollinator habitat as part of the permit application.
(2) A county may set restrictions related to beehives, but may not adopt an ordinance banning beehives.
(3) For the purposes of this section:
(a) "Commercial building permit" has the same meaning as defined in RCW 19.27.015.
(b) "Pollinator habitat" means an area of land that is or may be developed as habitat beneficial for the feeding, nesting, and reproduction of all pollinators. "Pollinator habitat" does not include beehives, except for mason bee houses.
(c) "Project permit" has the same meaning as defined in RCW 36.70B.020.
[ 2024 c 337 s 3.]


title: RCW 36.70A.010

text:
The legislature finds that uncoordinated and unplanned growth, together with a lack of common goals expressing the public's interest in the conservation and the wise use of our lands, pose a threat to the environment, sustainable economic development, and the health, safety, and high quality of life enjoyed by residents of this state. It is in the public interest that citizens, communities, local governments, and the private sector cooperate and coordinate with one another in comprehensive land use planning. Further, the legislature finds that it is in the public interest that economic development programs be shared with communities experiencing insufficient economic growth.
[ 1990 1st ex.s. c 17 s 1.]

catchline: Legislative findings.


title: RCW 36.70A.011

text:
The legislature finds that this chapter is intended to recognize the importance of rural lands and rural character to Washington's economy, its people, and its environment, while respecting regional differences. Rural lands and rural-based economies enhance the economic desirability of the state, help to preserve traditional economic activities, and contribute to the state's overall quality of life.
The legislature finds that to retain and enhance the job base in rural areas, rural counties must have flexibility to create opportunities for business development. Further, the legislature finds that rural counties must have the flexibility to retain existing businesses and allow them to expand. The legislature recognizes that not all business developments in rural counties require an urban level of services; and that many businesses in rural areas fit within the definition of rural character identified by the local planning unit.
Finally, the legislature finds that in defining its rural element under RCW 36.70A.070(5), a county should foster land use patterns and develop a local vision of rural character that will: Help preserve rural-based economies and traditional rural lifestyles; encourage the economic prosperity of rural residents; foster opportunities for small-scale, rural-based employment and self-employment; permit the operation of rural-based agricultural, commercial, recreational, and tourist businesses that are consistent with existing and planned land use patterns; be compatible with the use of the land by wildlife and for fish and wildlife habitat; foster the private stewardship of the land and preservation of open space; and enhance the rural sense of community and quality of life.
[ 2002 c 212 s 1.]

catchline: Findings—Rural lands.


title: RCW 36.70A.020

text:
The following goals are adopted to guide the development and adoption of comprehensive plans and development regulations of those counties and cities that are required or choose to plan under RCW 36.70A.040 and, where specified, also guide the development of regional policies, plans, and strategies adopted under RCW 36.70A.210 and chapter 47.80 RCW. The following goals are not listed in order of priority and shall be used exclusively for the purpose of guiding the development of comprehensive plans, development regulations, and, where specified, regional plans, policies, and strategies:
(1) Urban growth. Encourage development in urban areas where adequate public facilities and services exist or can be provided in an efficient manner.
(2) Reduce sprawl. Reduce the inappropriate conversion of undeveloped land into sprawling, low-density development.
(3) Transportation. Encourage efficient multimodal transportation systems that will reduce greenhouse gas emissions and per capita vehicle miles traveled, and are based on regional priorities and coordinated with county and city comprehensive plans.
(4) Housing. Plan for and accommodate housing affordable to all economic segments of the population of this state, promote a variety of residential densities and housing types, and encourage preservation of existing housing stock.
(5) Economic development. Encourage economic development throughout the state that is consistent with adopted comprehensive plans, promote economic opportunity for all citizens of this state, especially for unemployed and for disadvantaged persons, promote the retention and expansion of existing businesses and recruitment of new businesses, recognize regional differences impacting economic development opportunities, and encourage growth in areas experiencing insufficient economic growth, all within the capacities of the state's natural resources, public services, and public facilities.
(6) Property rights. Private property shall not be taken for public use without just compensation having been made. The property rights of landowners shall be protected from arbitrary and discriminatory actions.
(7) Permits. Applications for both state and local government permits should be processed in a timely and fair manner to ensure predictability.
(8) Natural resource industries. Maintain and enhance natural resource-based industries, including productive timber, agricultural, and fisheries industries. Encourage the conservation of productive forestlands and productive agricultural lands, and discourage incompatible uses.
(9) Open space and recreation. Retain open space and green space, enhance recreational opportunities, enhance fish and wildlife habitat, increase access to natural resource lands and water, and develop parks and recreation facilities.
(10) Environment. Protect and enhance the environment and enhance the state's high quality of life, including air and water quality, and the availability of water.
(11) Citizen participation and coordination. Encourage the involvement of citizens in the planning process, including the participation of vulnerable populations and overburdened communities, and ensure coordination between communities and jurisdictions to reconcile conflicts.
(12) Public facilities and services. Ensure that those public facilities and services necessary to support development shall be adequate to serve the development at the time the development is available for occupancy and use without decreasing current service levels below locally established minimum standards.
(13) Historic preservation. Identify and encourage the preservation of lands, sites, and structures, that have historical or archaeological significance.
(14) Climate change and resiliency. Ensure that comprehensive plans, development regulations, and regional policies, plans, and strategies under RCW 36.70A.210 and chapter 47.80 RCW adapt to and mitigate the effects of a changing climate; support reductions in greenhouse gas emissions and per capita vehicle miles traveled; prepare for climate impact scenarios; foster resiliency to climate impacts and natural hazards; protect and enhance environmental, economic, and human health and safety; and advance environmental justice.
(15) Shorelines of the state. For shorelines of the state, the goals and policies of the shoreline management act as set forth in RCW 90.58.020 shall be considered an element of the county's or city's comprehensive plan.
[ 2023 c 228 s 1; 2021 c 254 s 1; 2002 c 154 s 1; 1990 1st ex.s. c 17 s 2.]
Notes:
For a 14th goal: See RCW 36.70A.480.

catchline: Planning goals.