title: RCW 36.70B.080

text:
(1)(a) Development regulations adopted pursuant to RCW 36.70A.040 must establish and implement time periods for local government actions for each type of project permit application and provide timely and predictable procedures to determine whether a completed project permit application meets the requirements of those development regulations. Except for modifications by a jurisdiction provided for in (e) of this subsection, the time periods for local government actions for each type of complete project permit application or project type may not exceed those specified in this section.
(b) For project permits submitted after January 1, 2025, the development regulations must, for each type of permit application, specify the contents of a completed project permit application necessary for the complete compliance with the time periods and procedures.
(c) A jurisdiction may exclude certain permit types and timelines for processing project permit applications as provided for in RCW 36.70B.140.
(d) The time periods for local government action to issue a final decision for each type of complete project permit application or project type subject to this chapter should not exceed the following time periods unless modified by the local government pursuant to this section or RCW 36.70B.140:
(i) For project permits which do not require public notice under RCW 36.70B.110, a local government must issue a final decision within 65 days of the determination of completeness under RCW 36.70B.070;
(ii) For project permits which require public notice under RCW 36.70B.110, a local government must issue a final decision within 100 days of the determination of completeness under RCW 36.70B.070; and
(iii) For project permits which require public notice under RCW 36.70B.110 and a public hearing, a local government must issue a final decision within 170 days of the determination of completeness under RCW 36.70B.070.
(e) A jurisdiction may modify the provisions in (d) of this subsection to add permit types not identified, change the permit names or types in each category, address how consolidated review time periods may be different than permits submitted individually, and provide for how projects of a certain size or type may be differentiated, including by differentiating between permits that include a residential land use as a principal use of the land and permits that do not. Unless otherwise provided for the consolidated review of more than one permit, the time period for a final decision shall be the longest of the permit time periods identified in (d) of this subsection or as amended by a local government.
(f) If a local government does not adopt an ordinance or resolution modifying the provisions in (d) of this subsection, the time periods in (d) of this subsection apply.
(g) The number of days an application is in review with the county or city shall be calculated from the day completeness is determined under RCW 36.70B.070 to the date a final decision is issued on the project permit application. The number of days shall be calculated by counting every calendar day and excluding the following time periods:
(i) Any period between the day that the county or city has notified the applicant, in writing, that additional information is required to further process the application, an applicable fee must be paid, or a required notice must be posted, and the day when responsive information is resubmitted by the applicant, the fee is paid, or the notice is posted;
(ii) Any period after an applicant informs the local government, in writing, that they would like to temporarily suspend review of the project permit application until the time that the applicant notifies the local government, in writing, that they would like to resume the application. A local government may set conditions for the temporary suspension of a permit application;
(iii) Any period that the local government has completed all possible work on the application but must wait for necessary action by a government entity subject to subsection (2) or (3) of this section;
(iv) Any period during which a draft or final environmental impact statement is being prepared following a determination of significance under chapter 43.21C RCW;
(v) Any period between issuance of a final decision and the expiration of the applicable administrative appeal period; and
(vi) Any period after an administrative appeal is filed until the administrative appeal is resolved and any additional time period provided by the administrative appeal has expired.
(h) The time periods for a local government to process a permit shall start over if an applicant proposes a change in use that adds or removes commercial or residential elements from the original application that would make the application fail to meet the determination of procedural completeness for the new use, as required by the local government under RCW 36.70B.070.
(i) If, at any time, an applicant informs the local government, in writing, that the applicant would like to temporarily suspend the review of the project for more than 60 days, or if an applicant is not responsive for more than 60 consecutive days after the county or city has notified the applicant, in writing, that additional information is required to further process the application, an additional 30 days may be added to the time periods for local government action to issue a final decision for each type of project permit that is subject to this chapter. Any written notice from the local government to the applicant that additional information is required to further process the application must include a notice that nonresponsiveness for 60 consecutive days may result in 30 days being added to the time for review. For the purposes of this subsection, "nonresponsiveness" means that an applicant is not making demonstrable progress on providing additional requested information to the local government, or that there is no ongoing communication from the applicant to the local government on the applicant's ability or willingness to provide the additional information.
(j) Annual amendments to the comprehensive plan are not subject to the requirements of this section.
(k) A county's or city's adoption of a resolution or ordinance to implement this subsection shall not be subject to appeal under chapter 36.70A RCW unless the resolution or ordinance modifies the time periods provided in (d) of this subsection by providing for a review period of more than 170 days for any project permit.
(l)(i) When permit time periods provided for in (d) of this subsection, as may be amended by a local government, and as may be extended as provided for in (i) of this subsection, are not met, a portion of the permit fee must be refunded to the applicant as provided in this subsection. A local government may provide for the collection of only 80 percent of a permit fee initially, and for the collection of the remaining balance if the permitting time periods are met. The portion of the fee refunded for missing time periods shall be:
(A) 10 percent if the final decision of the project permit application was made after the applicable deadline but the period from the passage of the deadline to the time of issuance of the final decision did not exceed 20 percent of the original time period; or
(B) 20 percent if the period from the passage of the deadline to the time of the issuance of the final decision exceeded 20 percent of the original time period.
(ii) Except as provided in RCW 36.70B.160, the provisions in (l)(i) of this subsection are not applicable to a local government which has implemented at least three of the options in RCW 36.70B.160(1) (a) through (j) at the time an application is deemed procedurally complete.
(2)(a) Any government entity other than a local government, special purpose district, or public utility district, that imposes a fee on an applicant for review of a project permit application, or a portion thereof, related to a residential project must complete its review of the project permit application within the time periods established in subsection (1)(d) of this section, unless the applicant agrees in writing to waive the application of the time period for review. Such a waiver may occur at any time prior to the denial of the project permit application or the exhaustion of the time period for review. If an applicant has agreed to waive the application of the time period, then the provisions of this subsection (2) do not apply to the review of the project permit application.
(b) The time that a government entity has taken to review a project permit application must be determined as provided for in subsection (1)(g) of this section, and is exclusive of the time that a local government or other entity has taken to conduct its review of its portion of the project permit application.
(c) A government entity that does not complete its review within the required time periods must refund or forgo 20 percent of the fee that it collected or would have collected for its review. A government entity that does not collect a fee for its review of a portion of a project permit application is not required to provide any refund under this section.
(3)(a) When a local government requires a special purpose district's or public utility district's determination in order to complete review of a residential project permit application including approval of a preliminary plat or other land division, the review must be conducted as provided for in this subsection (3).
(b)(i) A special purpose district's or public utility district's review period begins when a local government provides a complete referral to the district. A referral is complete if it includes civil plans and supporting materials based on the district's adopted engineering and design standards in effect on the date of the referral, and when the referral includes all materials required to constitute a complete application under the district's adopted procedures.
(ii) Within 15 calendar days of receipt of the referral, the district must notify the local government and applicant in writing if the referral is incomplete and identify the additional information required. If a referral is deemed incomplete, a district has an additional 15 calendar days from the receipt of the requested information to notify the local government and applicant in writing if the referral is still incomplete and identify the additional information required. If the district does not provide notice within 15 calendar days of the initial referral or of the submission of additional information, the referral is deemed complete for purposes of this section.
(c)(i) For routine infrastructure extensions or connections that do not require specialized engineering analysis or external regulatory approval, the district shall issue its written technical determination in the form of written comments within 45 business days of its receipt of a complete referral. A written response may include:
(A) Confirmation of consistency with adopted engineering and design standards;
(B) Identification of revisions required to achieve compliance;
(C) Conditions of service or infrastructure improvements authorized by law; or
(D) Identification of capacity, regulatory, or system limitations that preclude approval.
(ii) When a proposal involves complex infrastructure or requires specialized engineering review, regulatory coordination, or third-party technical consultation, the time review period for completing the review or issuing a decision may be extended by up to 60 business days over the time period provided for in (c)(i) of this subsection. If a time period is extended in this way, the district must provide written notice to the local government and applicant identifying the basis for extended review and an estimated time frame for completion. No review period may exceed a total of more than 120 calendar days, exclusive of any excluded periods provided for in (d) of this subsection. Complex infrastructure includes, but is not limited to:
(A) Sewage lift stations or pump stations;
(B) Mechanical, electrical, hydraulic, or supervisory control and data acquisition systems;
(C) Directional drilling, boring, or installation within state or county rights-of-way;
(D) Construction of new off-site capital facilities that are not existing or previously approved for construction and that are required to provide system capacity beyond a direct connection to existing infrastructure;
(E) System-wide hydraulic or capacity modeling;
(F) Projects requiring specialty engineering consultation; and
(G) Projects in critical aquifer protection areas, where additional assessment is required.
(d)(i) The time periods that a district has been reviewing an application under (c) of this subsection may not include any period in which the district is awaiting:
(A) Approval or other authorization from a state or federal agency;
(B) Right-of-way permits from the state or a local government;
(C) Franchise utility coordination or relocation approval;
(D) Final land use conditions, site layout decisions, or building design necessary to complete engineering review; or
(E) Any other approvals required by state or federal law that are outside the authority of the district.
(ii) The review period also does not include any period in which the district is awaiting revisions from the applicant in response to written review comments from the district. The period excluded under this subsection begins on the date the written comments are transmitted to the applicant and ends on the date the district receives revised materials that are responsive to those comments. After an initial period is excluded under this subsection, subsequent excluded periods are limited to those related to review comments arising from revised materials and may not reopen issues previously resolved unless required for public health, safety, or regulatory compliance.
(iii) Nothing in this subsection (3) limits the authority of a district to issue additional comments if revised materials introduce new deficiencies or design changes.
(e)(i) If a district does not provide written comments within the time periods established in (c) of this subsection, exclusive of any periods excluded under (d) of this subsection, the district must refund or forgo 20 percent of the fee that it collected or would have collected for its review of the application.
(ii) Only that portion of the fee attributable to civil plan or infrastructure review under this section is subject to a refund.
(iii) A district's failure to complete review within the applicable time period does not constitute approval of service.
(f) Nothing in this subsection (3):
(i) Expands or limits the substantive authority of a special purpose district or public utility district;
(ii) Authorizes the imposition of requirements not otherwise authorized by law;
(iii) Creates a cause of action for damages; or
(iv) Requires provision of service that cannot be safely or legally delivered.
(g) Districts subject to this section shall provide review performance information to a local government that referred the residential project permit application to the district if the local government is required to create a performance report under subsection (4) of this section. The information must include:
(i) The date the referral was received;
(ii) The date the referral was deemed complete;
(iii) Whether the referral was for an application eligible for an extension of the initial time period as provided for in (c)(ii) of this subsection;
(iv) The date that written comments were issued; and
(v) Whether a refund was issued under (e) of this subsection.
(4)(a) Counties subject to the requirements of RCW 36.70A.215 and the cities within those counties that have populations of at least 20,000 must, for each type of permit application, identify the total number of project permit applications for which decisions are issued according to the provisions of this chapter. For each type of project permit application identified, these counties and cities must establish and implement a deadline for issuing a notice of final decision as required by subsection (1) of this section and minimum requirements for applications to be deemed complete under RCW 36.70B.070 as required by subsection (1) of this section.
(b) Counties and cities subject to the requirements of this subsection also must prepare an annual performance report that includes information outlining time periods for certain permit types associated with housing. The report must provide:
(i) Permit time periods for certain permit processes in the county or city in relation to those established under this section, including whether the county or city has established shorter time periods than those provided in this section;
(ii) The total number of decisions issued during the year for the following permit types: Preliminary subdivisions, final subdivisions, binding site plans, permit processes associated with the approval of multifamily housing, and construction plan review for each of these permit types when submitted separately;
(iii) The total number of decisions for each permit type which included consolidated project permit review, such as concurrent review of a rezone or construction plans;
(iv) The average number of days from a submittal to a decision being issued for the project permit types listed in (b)(ii) of this subsection. This shall be calculated from the day completeness is determined under RCW 36.70B.070 to the date a decision is issued on the application. The number of days shall be calculated by counting every calendar day;
(v) The total number of days each project permit application of a type listed in (b)(ii) of this subsection was in review with the county or city. This shall be calculated from the day completeness is determined under RCW 36.70B.070 to the date a final decision is issued on the application. The number of days shall be calculated by counting every calendar day. The days the application is in review with the county or city does not include the time periods in *subsection (1)(g)(i) through (iii) of this section;
(vi) The total number of days that were excluded from the time period calculation under *subsection (1)(g)(i) through (iii) of this section for each project permit application of a type listed in (b)(ii) of this subsection; and
(vii) Any information received from a special purpose district or public utility district under subsection (3)(g) of this section.
(c) Counties and cities subject to the requirements of this subsection must:
(i) Post the annual performance report through the county's or city's website; and
(ii) Submit the annual performance report to the department of commerce by March 1st each year.
(d) No later than July 1st each year, the department of commerce shall publish a report which includes the annual performance report data for each county and city subject to the requirements of this subsection and a list of those counties and cities whose time periods are shorter than those provided for in this section.
The annual report must also include key metrics and findings from the information collected.
(e) The initial annual report required under this subsection must be submitted to the department of commerce by March 1, 2025, and must include information from permitting in 2024.
(5) Nothing in this section prohibits a county or city from extending a deadline for issuing a decision for a specific project permit application for any reasonable and certain period of time specified and mutually agreed upon in writing by the applicant and the local government. If an applicant has agreed to extend the deadline for issuing a decision on a specific project permit application, then the provisions of subsection (1) of this section do not apply to the review of the project permit application. Such an extension may occur at any time prior to the denial of the project permit application or the exhaustion of the time period for review. No local government may require or request an extension of an applicable deadline for issuance of a decision for a specific project permit application as a condition or an option at initial submission of a project permit application.
[ 2026 c 235 s 3; 2025 c 208 s 5; 2023 c 338 s 7; 2004 c 191 s 2; 2001 c 322 s 1; 1995 c 347 s 410; (1995 c 347 s 409 expired July 1, 2000); 1994 c 257 s 3. Formerly RCW 36.70A.065.]
Notes:
*Reviser's note: This section was amended by 2026 c 236 s 4, changing subsection (1)(g)(iii) to subsection (1)(g)(vi). Reference to subsection (1)(g)(i) through (vi) was apparently intended.
Effective date—2023 c 338 s 7: "Section 7 of this act takes effect January 1, 2025." [ 2023 c 338 s 13.]
Findings—Intent—2004 c 191: "The legislature finds that the timely issuance of project permit decisions by local governments serves the public interest. When these decisions, that are often responses to land use and building permit applications, are issued according to specific and locally established time periods and without unnecessary or inappropriate delays, the public enjoys greater efficiency, consistency, and predictability in the permitting process.
The legislature also finds that full access to relevant performance data produced annually by local governments for each type of permit application affords elected officials, project proponents, and the general public the opportunity to review and compare the permit application and processing performance of jurisdictions. Furthermore, the legislature finds that the review and comparison of this data, and the requirement to provide convenient and direct internet access to germane and consistent reports, will likely foster improved methods for processing applications, and issuing project permit decisions in a timely manner.
The legislature, therefore, intends to continue and clarify the requirements for certain jurisdictions to produce and provide access to annual permitting performance reports." [ 2004 c 191 s 1.]
Effective date—1995 c 347 s 410: "Section 410, chapter 347, Laws of 1995 shall take effect July 1, 2000." [ 1998 c 286 s 10; 1995 c 347 s 412.]
Expiration date—1995 c 347 s 409: "The amendments to RCW 36.70B.080 contained in section 409, chapter 347, Laws of 1995 shall expire July 1, 2000." [ 1998 c 286 s 9; 1995 c 347 s 411.]
Severability—1994 c 257: See note following RCW 36.70A.270.
Development regulations must provide sufficient land capacity for development: RCW 36.70A.115.

catchline: Development regulations—Requirements—Required timelines for review completion—Report on implementation costs.


doc_type: statute

jurisdiction: wa

title: RCW 36.70B.100

text:
A local government may require the applicant for a project permit to designate a single person or entity to receive determinations and notices required by this chapter.
[ 1995 c 347 s 414.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Designation of person or entity to receive determinations and notices.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 36.70B.110

text:
(1) Not later than April 1, 1996, a local government planning under RCW 36.70A.040 shall provide a notice of application to the public and the departments and agencies with jurisdiction as provided in this section. If a local government has made a threshold determination under chapter 43.21C RCW concurrently with the notice of application, the notice of application may be combined with the threshold determination and the scoping notice for a determination of significance. Nothing in this section prevents a determination of significance and scoping notice from being issued prior to the notice of application. Nothing in this section or this chapter prevents a lead agency, when it is a project proponent or is funding a project, from conducting its review under chapter 43.21C RCW or from allowing appeals of procedural determinations prior to submitting a project permit.
(2) The notice of application shall be provided within 14 days after the determination of completeness as provided in RCW 36.70B.070 and, except as limited by the provisions of subsection (4)(b) of this section, must include the following in whatever sequence or format the local government deems appropriate:
(a) The date of application, the date of the notice of completion for the application, and the date of the notice of application;
(b) A description of the proposed project action and a list of the project permits included in the application and, if applicable, a list of any studies requested under RCW 36.70B.070;
(c) The identification of other permits not included in the application to the extent known by the local government;
(d) The identification of existing environmental documents that evaluate the proposed project, and, if not otherwise stated on the document providing the notice of application, such as a city land use bulletin, the location where the application and any studies can be reviewed;
(e) A statement of the public comment period, which shall be not less than fourteen nor more than thirty days following the date of notice of application, and statements of the right of any person to comment on the application, receive notice of and participate in any hearings, request a copy of the decision once made, and any appeal rights. A local government may accept public comments at any time prior to the closing of the record of an open record predecision hearing, if any, or, if no open record predecision hearing is provided, prior to the decision on the project permit;
(f) The date, time, place, and type of hearing, if applicable and scheduled at the date of notice of the application;
(g) A statement of the preliminary determination, if one has been made at the time of notice, of those development regulations that will be used for project mitigation and of consistency as provided in RCW 36.70B.030(2) and 36.70B.040; and
(h) Any other information determined appropriate by the local government.
(3) If an open record predecision hearing is required for the requested project permits, the notice of application shall be provided at least fifteen days prior to the open record hearing.
(4) A local government shall use reasonable methods to give the notice of application to the public and agencies with jurisdiction and may use its existing notice procedures. A local government may use different types of notice for different categories of project permits or types of project actions. If a local government by resolution or ordinance does not specify its method of public notice, the local government shall use the methods provided for in (a) and (b) of this subsection. Examples of reasonable methods to inform the public are:
(a) Posting the property for site-specific proposals;
(b) Publishing notice, including at least the project location, description, type of permit(s) required, comment period dates, and location where the notice of application required by subsection (2) of this section and the complete application may be reviewed, in the newspaper of general circulation in the general area where the proposal is located or in a local land use newsletter published by the local government;
(c) Notifying public or private groups with known interest in a certain proposal or in the type of proposal being considered;
(d) Notifying the news media;
(e) Placing notices in appropriate regional or neighborhood newspapers or trade journals;
(f) Publishing notice in agency newsletters or sending notice to agency mailing lists, either general lists or lists for specific proposals or subject areas; and
(g) Mailing to neighboring property owners.
(5) A notice of application shall not be required for project permits that are categorically exempt under chapter 43.21C RCW, unless an open record predecision hearing is required or an open record appeal hearing is allowed on the project permit decision.
(6) A local government shall integrate the permit procedures in this section with environmental review under chapter 43.21C RCW as follows:
(a) Except for a threshold determination and except as otherwise expressly allowed in this section, the local government may not issue a decision or a recommendation on a project permit until the expiration of the public comment period on the notice of application.
(b) If an open record predecision hearing is required, the local government shall issue its threshold determination at least fifteen days prior to the open record predecision hearing.
(c) Comments shall be as specific as possible.
(d) A local government is not required to provide for administrative appeals of its threshold determination. If provided, an administrative appeal must be filed within fourteen days after notice that the determination has been made and is appealable. Except as otherwise expressly provided in this section, the appeal hearing on a threshold determination must be consolidated with any open record hearing on the project permit.
(7) At the request of the applicant, a local government may combine any hearing on a project permit with any hearing that may be held by another local, state, regional, federal, or other agency, if:
(a) The hearing is held within the geographic boundary of the local government; and
(b) The applicant agrees to the schedule in the event that additional time is needed in order to combine the hearings. All agencies of the state of Washington, including municipal corporations and counties participating in a combined hearing, are hereby authorized to issue joint hearing notices and develop a joint format, select a mutually acceptable hearing body or officer, and take such other actions as may be necessary to hold joint hearings consistent with each of their respective statutory obligations.
(8) All state and local agencies shall cooperate to the fullest extent possible with the local government in holding a joint hearing if requested to do so, as long as:
(a) The agency is not expressly prohibited by statute from doing so;
(b) Sufficient notice of the hearing is given to meet each of the agencies' adopted notice requirements as set forth in statute, ordinance, or rule; and
(c) The agency has received the necessary information about the proposed project from the applicant to hold its hearing at the same time as the local government hearing.
(9) A local government is not required to provide for administrative appeals. If provided, an administrative appeal of the project decision and of any environmental determination issued at the same time as the project decision, shall be filed within fourteen days after the notice of the decision or after other notice that the decision has been made and is appealable. The local government shall extend the appeal period for an additional seven days, if state or local rules adopted pursuant to chapter 43.21C RCW allow public comment on a determination of nonsignificance issued as part of the appealable project permit decision.
(10) The applicant for a project permit is deemed to be a participant in any comment period, open record hearing, or closed record appeal.
(11) Each local government planning under RCW 36.70A.040 shall adopt procedures for administrative interpretation of its development regulations.
[ 2023 c 338 s 10. Prior: 1997 c 429 s 48; 1997 c 396 s 1; 1995 c 347 s 415.]
Notes:
Severability—1997 c 429: See note following RCW 36.70A.3201.

catchline: Notice of application—Required elements—Integration with other review procedures—Administrative appeals.


title: RCW 36.70B.120

text:
(1) Each local government planning under RCW 36.70A.040 shall establish a permit review process that provides for the integrated and consolidated review and decision on two or more project permits relating to a proposed project action, including a single application review and approval process covering all project permits requested by an applicant for all or part of a project action and a designated permit coordinator. If an applicant elects the consolidated permit review process, the determination of completeness, notice of application, and notice of final decision must include all project permits being reviewed through 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 permits 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 government legislative body.
(3) A local government may provide by ordinance or resolution 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 government 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 s 416.]

catchline: Permit review process.


title: RCW 36.70B.130

text:
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 government shall provide for notice of its decision as provided in RCW 36.70B.110(4), which shall also state that affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation. 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 s 1; 1995 c 347 s 417.]

catchline: Notice of decision—Distribution.


title: RCW 36.70B.140

text:
(1) A local government by ordinance or resolution may exclude the following project permits from the provisions of RCW 36.70B.060 through 36.70B.080 and 36.70B.110 through 36.70B.130: Landmark designations, street vacations, or other approvals relating to the use of public areas or facilities, or other project permits, whether administrative or quasi-judicial, that the local government by ordinance or resolution has determined present special circumstances that warrant a review process or time periods for approval which are different from that provided in RCW 36.70B.060 through 36.70B.080 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 provisions of RCW 36.70B.060 and 36.70B.110 through 36.70B.130: Lot line or boundary adjustments 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.
(3) A local government must exclude project permits for interior alterations from site plan review, provided that the interior alterations do not result in the following:
(a) Additional sleeping quarters or bedrooms;
(b) Nonconformity with federal emergency management agency substantial improvement thresholds; or
(c) Increase the total square footage or valuation of the structure thereby requiring upgraded fire access or fire suppression systems.
(4) Nothing in this section exempts interior alterations from otherwise applicable building, plumbing, mechanical, or electrical codes.
(5) For purposes of this section, "interior alterations" include construction activities that do not modify the existing site layout or its current use and involve no exterior work adding to the building footprint.
[ 2025 c 102 s 2; 2023 c 338 s 1; 1995 c 347 s 418.]
Notes:

catchline: Project permits that may be excluded from review.


title: RCW 36.70B.150

text:
A local government not planning under RCW 36.70A.040 may incorporate 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 s 419.]
Notes:
*Reviser's note: RCW 36.70B.090 expired June 30, 2000, pursuant to 1998 c 286 s 8.

catchline: Local governments not planning under the growth management act may use provisions.


title: RCW 36.70B.160

text:
(1) Each local government is encouraged to adopt further project review and code provisions to provide prompt, coordinated, and objective review and ensure accountability to applicants and the public by:
(a) Expediting review for project permit applications for projects that are consistent with adopted development regulations or that include dwelling units that are affordable to low-income or moderate-income households;
(b) Imposing reasonable fees, consistent with RCW 82.02.020, on applicants for permits or other governmental approvals to cover the cost to the city, town, county, or other municipal corporation of processing applications, inspecting and reviewing plans, or preparing detailed statements required by chapter 43.21C RCW. The fees imposed may not include a fee for the cost of processing administrative appeals. Nothing in this subsection limits the ability of a county or city to impose a fee for the processing of administrative appeals as otherwise authorized by law;
(c) Entering into an interlocal agreement with another jurisdiction to share permitting staff and resources;
(d) Maintaining and budgeting for on-call permitting assistance for when permit volumes or staffing levels change rapidly;
(e) Having new positions budgeted that are contingent on increased permit revenue;
(f) Adopting development regulations which only require public hearings for permit applications that are required to have a public hearing by statute;
(g) Adopting development regulations which make preapplication meetings optional rather than a requirement of permit application submittal;
(h) Adopting development regulations which make housing types an outright permitted use in all zones where the housing type is permitted;
(i) Adopting a program to allow for outside professionals with appropriate professional licenses to certify components of applications consistent with their license; or
(j) Meeting with the applicant to attempt to resolve outstanding issues during the review process. The meeting must be scheduled within 14 days of a second request for corrections during permit review. If the meeting cannot resolve the issues and a local government proceeds with a third request for additional information or corrections, the local government must approve or deny the application upon receiving the additional information or corrections.
(2)(a) After January 1, 2026, a county or city must adopt additional measures under subsection (1) of this section at the time of its next comprehensive plan update under RCW 36.70A.130 if it meets the following conditions:
(i) The county or city has adopted at least three project review and code provisions under subsection (1) of this section more than five years prior; and
(ii) The county or city is not meeting the permitting deadlines established in RCW 36.70B.080 at least half of the time over the period since its most recent comprehensive plan update under RCW 36.70A.130.
(b) A city or county that is required to adopt new measures under (a) of this subsection but fails to do so becomes subject to the provisions of RCW 36.70B.080(1)(l), notwithstanding RCW 36.70B.080(1)(l)(ii).
(3) Nothing in this chapter is intended or shall be construed to prevent a local government from requiring a preapplication conference or a public meeting by rule, ordinance, or resolution, where otherwise required by applicable state law.
(4) Each local government shall adopt procedures to monitor and enforce permit decisions and conditions.
(5) Nothing in this chapter modifies any independent statutory authority for a government agency to appeal a project permit issued by a local government.
(6) For the purposes of this section:
(a) A dwelling unit is affordable if it requires payment of monthly housing costs, including utilities other than telephone, of no more than 30 percent of the family's income.
(b) "Dwelling unit" means a residential living unit that provides complete independent living facilities for one or more persons and that includes permanent provisions for living, sleeping, eating, cooking, and sanitation, and that is sold or rented separately from other dwelling units.
(c) "Low-income household" means a single person, family, or unrelated persons living together whose adjusted income is less than 80 percent of the median family income, adjusted for household size, for the county where the household is located, as reported by the United States department of housing and urban development, or less than 80 percent of the city's median income if the project is located in the city, the city has median income of more than 20 percent above the county median income, and the city has adopted an alternative local median income.
(d) "Moderate-income household" means a single person, family, or unrelated persons living together whose adjusted income is at or below 120 percent of the median household income, adjusted for household size, for the county where the household is located, as reported by the United States department of housing and urban development, or less than 120 percent of the city's median income if the project is located in the city, the city has median income of more than 20 percent above the county median income, and the city has adopted an alternative local median income.
[ 2026 c 235 s 5. Prior: 2023 c 338 s 8; 2023 c 333 s 2; 1995 c 347 s 420.]

catchline: Additional project review encouraged—Additional measures for certain jurisdictions—Construction.


title: RCW 36.70B.170

text:
(1) A local government may enter into a development agreement with a person having ownership or control of real property within its jurisdiction. A city may enter into a development 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 standards 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 agreement. A development agreement shall be consistent with applicable development regulations adopted by a local government planning under chapter 36.70A RCW, except that a development agreement with a regional transit authority established under chapter 81.112 RCW may set forth development standards that vary from otherwise applicable development regulations not involving compliance with the Americans with disabilities act in order to accommodate development of the facilities of the regional transit authority.
(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 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 subsection (3) of this section.
(3) For the purposes of this section, "development standards" 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 contributions by the property owner, inspection fees, or dedications;
(c) Mitigation measures, development conditions, and other requirements under chapter 43.21C RCW;
(d) Design standards such as maximum heights, setbacks, 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 serious threat to public health and safety.
[ 2026 c 166 s 1; 1995 c 347 s 502.]
Notes:
Findings—Intent—1995 c 347 ss 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 development 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 agreements whereby applicants are reimbursed over time for financing public 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 s 501.]

catchline: Development agreements—Authorized.


title: RCW 36.70B.180

text:
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.
[ 1995 c 347 s 503.]
Notes:
Findings—Intent—1995 c 347 ss 502-506: See note following RCW 36.70B.170.

catchline: Development agreements—Effect.


title: RCW 36.70B.190

text:
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.
[ 1995 c 347 s 504.]
Notes:
Findings—Intent—1995 c 347 ss 502-506: See note following RCW 36.70B.170.

catchline: Development agreements—Recording—Parties and successors bound.


title: RCW 36.70B.200

text:
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 commission, hearing examiner, or other body designated by the legislative body to conduct the public hearing may conduct the hearing. If the development agreement relates to a project permit application, the provisions of chapter 36.70C RCW shall apply to the appeal of the decision on the development agreement.
[ 1995 c 347 s 505.]
Notes:
Findings—Intent—1995 c 347 ss 502-506: See note following RCW 36.70B.170.

catchline: Development agreements—Public hearing.


title: RCW 36.70B.210

text:
Nothing in RCW 36.70B.170 through 36.70B.200 and section 501, chapter 347, Laws of 1995 is intended to authorize local governments to impose impact fees, inspection fees, or dedications or to require any other financial contributions or mitigation measures except as expressly authorized by other applicable provisions of state law.
[ 1995 c 347 s 506.]
Notes:
Findings—Intent—1995 c 347 ss 502-506: See note following RCW 36.70B.170.

catchline: Development agreements—Authority to impose fees not extended.


title: RCW 36.70B.220

text:
(1) Each county and city having populations of ten thousand or more that plan under RCW 36.70A.040 shall designate permit assistance staff whose function it is to assist permit applicants. An existing 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 42.56 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 compilation and production of the handouts under subsection (2) of this section from the department of commerce.
[ 2010 c 271 s 707; 2005 c 274 s 272; 1996 c 206 s 9.]
Notes:
Purpose—Effective date—2010 c 271: See notes following RCW 43.330.005.
Findings—1996 c 206: See note following RCW 43.05.030.

catchline: Permit assistance staff.


title: RCW 36.70B.230

text:
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 s 6.]

catchline: Planning regulations—Copies provided to county assessor.


title: RCW 36.70B.240

text:
(1) Subject to the availability of funds appropriated for this specific purpose, the department of commerce must establish a consolidated permit review grant program. The department may award grants to any local government that provides, by ordinance, resolution, or other action, a commitment to the following building permit review consolidation requirements:
(a) Issuing final decisions on residential permit applications within 45 business days or 90 calendar days.
(i) To achieve permit review within the stated time periods, a local government must provide consolidated review for building permit applications. This may include an initial technical peer review of the application for conformity with the requirements of RCW 36.70B.070 by all departments, divisions, and sections of the local government with jurisdiction over the project.
(ii) A local government may contract with a third-party business to conduct the consolidated permit review or as additional inspection staff. Any funds expended for such a contract may be eligible for reimbursement under chapter 338, Laws of 2023.
(iii) Local governments are authorized to use grant funds to contract outside assistance to audit their development regulations to identify and correct barriers to housing development.
(b) Establishing an application fee structure that would allow the jurisdiction to continue providing consolidated permit review within 45 business days or 90 calendar days.
(i) A local government may consult with local building associations to develop a reasonable fee system.
(ii) A local government must determine, no later than July 1, 2024, the specific fee structure needed to provide permit review within the time periods specified in this subsection (1)(b).
(2) A jurisdiction that is awarded a grant under this section must provide a quarterly report to the department of commerce. The report must include the average and maximum time for permit review during the jurisdiction's participation in the grant program.
(3) If a jurisdiction is unable to successfully meet the terms and conditions of the grant, the jurisdiction must enter a 90-day probationary period. If the jurisdiction is not able to meet the requirements of this section by the end of the probationary period, the jurisdiction is no longer eligible to receive grants under this section.
(4) For the purposes of this section, "residential permit" means a permit issued by a city or county that satisfies the conditions of *RCW 19.27.015(5) and is within the scope of the international residential code, as adopted in accordance with chapter 19.27 RCW.
[ 2023 c 338 s 2.]
Notes:
*Reviser's note: RCW 19.27.015 was amended by 2024 c 170 s 9, changing subsection (5) to subsection (10). RCW 19.27.015 was subsequently amended by 2026 c 41 s 2, changing subsection (10) to subsection (11).

catchline: Consolidated permit review grant program.


title: RCW 36.70B.241

text:
(1) Subject to the availability of funds appropriated for this specific purpose, the department of commerce must establish a grant program for local governments to update their permit review process from paper filing systems to software systems capable of processing digital permit applications, virtual inspections, electronic review, and with capacity for video storage.
(2) The department of commerce may only provide a grant under this section to a city if the city allows for the development of at least two units per lot on all lots zoned predominantly for residential use within its jurisdiction.
[ 2023 c 338 s 3.]

catchline: Permit review process update grant program.


title: RCW 36.70B.245

text:
(1) The department of commerce shall develop and provide technical assistance and guidance to counties and cities in setting fee structures under RCW 36.70B.160(1) to ensure that the fees are reasonable and sufficient to recover true costs. The guidance must include information on how to utilize growth factors or other measures to reflect cost increases over time.
(2) When providing technical assistance under subsection (1) of this section, the department of commerce must prioritize local governments that have implemented at least three of the options in RCW 36.70B.160(1).
[ 2023 c 338 s 9.]

catchline: Technical assistance to local governments.


title: RCW 36.70B.250

text:
The department of commerce shall develop a template for counties and cities subject to the requirements in RCW 36.70B.080, which will be utilized for reporting data.
[ 2023 c 338 s 11.]

catchline: Data reporting template.


title: RCW 36.70B.260

text:
During project review of a project to construct or improve facilities for the generation, transmission, or distribution of electricity, a local government may not require a project applicant to demonstrate the necessity or utility of the project other than to require, as part of a completed application under RCW 36.70B.070(2), submission of any publicly available documentation required by the federal energy regulatory commission or its delegees or the utilities and transportation commission or its delegees, or from any other federal agency with regulatory authority over the assessment of electric power transmission and distribution needs as applicable.
[ 2023 c 230 s 304.]
Notes:
Findings—Intent—2023 c 230: See note following RCW 43.394.010.

catchline: Electricity projects—Prohibition on demonstration of need.


title: RCW 36.70B.270

text:
(1) When a worksite contains a tower crane, the local government in which the tower crane is located must, at a minimum, do the following before any assembly, disassembly, or reconfiguration of the tower crane:
(a) Align permit issuance for street closures with the definition of assembly/disassembly work zone when a tower crane is being assembled, disassembled, reconfigured, or otherwise not fully stabilized and secure;
(b) Issue street closure permits with consideration for sufficient time, as defined by the permit applicant, to safely conduct assembly, disassembly, or reconfiguration; and
(c) Develop permitting procedures that provide notice to residents and occupants in buildings within the assembly/disassembly work zone in advance of any assembly, disassembly, or reconfiguration.
(2) For purposes of this section, "assembly, disassembly, or reconfiguration" and "assembly/disassembly work zone" have the same meanings as those terms are defined in RCW 49.17.400.
[ 2024 c 311 s 8.]
Notes:
Application—Effective date—2024 c 311: See notes following RCW 49.17.400.
Finding—Application—2024 c 311: See notes following RCW 49.17.435.

catchline: Construction crane safety—Local government permitting.


title: RCW 36.70B.900

text: See notes following RCW 36.70A.470.

catchline: Finding—Severability—Part headings and table of contents not law—1995 c 347.


title: RCW 36.70C.005

text:
This chapter may be known and cited as the land use petition act.
[ 1995 c 347 s 701.]

catchline: Short title.


title: RCW 36.70C.010

text:
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 s 702.]

catchline: Purpose.


title: RCW 36.70C.020

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Energy overlay zone" means a formal plan enacted by the county legislative authority that establishes suitable areas for siting renewable resource projects based on currently available resources and existing infrastructure with sensitivity to adverse environmental impact.
(2) "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 limited jurisdiction, a petition may not be brought under this chapter.
Where a local jurisdiction allows or requires a motion for reconsideration to the highest level of authority making the determination, and a timely motion for reconsideration has been filed, the land use decision occurs on the date a decision is entered on the motion for reconsideration, and not the date of the original decision for which the motion for reconsideration was filed.
(3) "Local jurisdiction" means a county, city, or incorporated town.
(4) "Person" means an individual, partnership, corporation, association, public or private organization, or governmental entity or agency.
(5) "Renewable resources" has the same meaning provided in RCW 19.280.020.
[ 2010 c 59 s 1; 2009 c 419 s 1; 1995 c 347 s 703.]

catchline: Definitions.


title: RCW 36.70C.030

text:
(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 a quasi-judicial body created by state law, such as the shorelines 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.
[ 2010 1st sp.s. c 7 s 38; 2003 c 393 s 17; 1995 c 347 s 704.]
Notes:
Effective date—2010 1st sp.s. c 26; 2010 1st sp.s. c 7: See note following RCW 43.03.027.

catchline: Chapter exclusive means of judicial review of land use decisions—Exceptions.


title: RCW 36.70C.040

text:
(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 21 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 a quasi-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 office of a person identified by or pursuant to RCW 4.28.080 to receive service of process, or as otherwise designated by the local jurisdiction. Service on the local jurisdiction is effective upon delivery. 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.
[ 2024 c 347 s 12; 1995 c 347 s 705.]

catchline: Commencement of review—Land use petition—Procedure.


title: RCW 36.70C.050

text:
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 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 for just 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 s 706.]

catchline: Joinder of parties.


title: RCW 36.70C.060

text:
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 s 707.]

catchline: Standing.


title: RCW 36.70C.070

text:
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 36.70C.060;
(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 s 708.]

catchline: Land use petition—Required elements.


title: RCW 36.70C.080

text:
(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 s 709.]

catchline: Initial hearing.


title: RCW 36.70C.090

text:
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 s 710.]

catchline: Expedited review.


title: RCW 36.70C.100

text:
(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 s 711.]

catchline: Stay of action pending review.


title: RCW 36.70C.110

text:
(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 s 712.]

catchline: Record for judicial review—Costs.


title: RCW 36.70C.120

text:
(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 s 273; 1995 c 347 s 713.]

catchline: Scope of review—Discovery.


title: RCW 36.70C.130

text:
(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.
(3) Land use decisions made by a local jurisdiction concerning renewable resource projects within a county energy overlay zone are presumed to be reasonable if they are in compliance with the requirements and standards established by local ordinance for that zone. However, for land use decisions concerning wind power generation projects, either:
(a) The local ordinance for that zone is consistent with the department of fish and wildlife's wind power guidelines; or
(b) The local jurisdiction prepared an environmental impact statement under chapter 43.21C RCW on the energy overlay zone; and
(i) The local ordinance for that zone requires project mitigation, as addressed in the environmental impact statement and consistent with local, state, and federal law;
(ii) The local ordinance for that zone requires site specific fish and wildlife and cultural resources analysis; and
(iii) The local jurisdiction has adopted an ordinance that addresses critical areas under chapter 36.70A RCW.
(4) If a local jurisdiction has taken action and adopted local ordinances consistent with subsection (3)(b) of this section, then wind power generation projects permitted consistently with the energy overlay zone are deemed to have adequately addressed their environmental impacts as required under chapter 43.21C RCW.
[ 2009 c 419 s 2; 1995 c 347 s 714.]

catchline: Standards for granting relief—Renewable resource projects within energy overlay zones.


title: RCW 36.70C.140

text:
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 s 715.]

catchline: Decision of the court.


title: RCW 36.70C.900

text: See notes following RCW 36.70A.470.


title: RCW 36.71.010

text:
The term "peddler" for the purpose of this chapter includes all persons, both principals and agents, who go from place to place and house to house, carrying for sale and offering for sale or exposal for sale, goods, wares, or merchandise except agricultural, horticultural, or farm products, which they may grow or raise, and except vendors of books, periodicals, or newspapers: PROVIDED, That nothing in this chapter shall apply to peddlers within the limits of any city or town which by ordinance regulates the sale of goods, wares, or merchandise by peddlers.
[ 1963 c 4 s 36.71.010. Prior: 1929 c 110 s 1; 1909 c 214 s 1; RRS s 8353.]

catchline: Peddler's license—"Peddler" defined.


title: RCW 36.71.020

text:
Every peddler, before commencing business in any county of the state, shall apply in writing and under oath to the appropriate county official of the county in which he or she proposes to operate for a county license. The application must state the names and residences of the owners or parties in whose interest the business is to be conducted. The applicant at the same time shall file a true statement under oath of the quantity and value of the stock of goods, wares, and merchandise that is in the county for sale or to be kept or exposed for sale in the county, make a special deposit of five hundred dollars, and pay the county license fee as may be fixed under the authority of RCW 36.32.120(3).
The appropriate county official shall thereupon issue to the applicant a peddler's license, authorizing him or her to do business in the county for the term of one year from the date thereof. Every county license shall contain a copy of the application therefor, shall not be transferable, and shall not authorize more than one person to sell goods as a peddler, either by agent or clerk, or in any other way than his or her own proper person.
[ 2009 c 549 s 4121; 1985 c 91 s 3; 1963 c 4 s 36.71.020. Prior: 1927 c 89 s 1; 1909 c 214 s 3; RRS s 8355.]

catchline: Peddler's license—Application for and issuance of license.


title: RCW 36.71.030

text:
The appropriate county official of each county shall keep on file all applications for peddlers' licenses that are issued. All files and records shall be in convenient form and open to public inspection.
[ 1985 c 91 s 4; 1963 c 4 s 36.71.030. Prior: 1909 c 214 s 4; RRS s 8356.]

catchline: Peddler's license—Record of applications.


title: RCW 36.71.040

text:
Upon the expiration and return of a county license, the appropriate county official shall cancel it, indorse thereon the cancellation, and place it on file. After holding the special deposit of the licensee for a period of ninety days from the date of cancellation, he or she shall return the deposit or such portion as may remain in his or her hands after satisfying the claims made against it.
[ 2009 c 549 s 4122; 1985 c 91 s 5; 1963 c 4 s 36.71.040. Prior: 1909 c 214 s 5; RRS s 8357.]

catchline: Peddler's license—Cancellation of license.


title: RCW 36.71.050

text:
Each deposit made with the county shall be subject to all taxes legally chargeable thereto, to attachment and execution on behalf of the creditors of the licensee whose claims arise in connection with the business done under his or her license, and the county may be held to answer as trustee in any civil action in contract or tort brought against any licensee, and shall pay over, under order of the court or upon execution, such amount of money as the licensee may be chargeable with upon the final determination of the case. Such deposit shall also be subject to the payment of any and all fines and penalties incurred by the licensee through violations of the provisions of RCW 36.71.010, 36.71.020, 36.71.030, 36.71.040 and 36.71.060, which shall be a lien upon the deposit and shall be collected in the manner provided by law.
[ 2009 c 549 s 4123; 1985 c 91 s 6; 1963 c 4 s 36.71.050. Prior: 1909 c 214 s 6; RRS s 8358.]

catchline: Peddler's license—Liability of deposit—Lien on.


title: RCW 36.71.060

text:
Every peddler who sells or offers for sale or exposes for sale, at public or private sale any goods, wares, or merchandise without a county license, is guilty of a misdemeanor and shall be punished by imprisonment for not less than thirty days nor more than ninety days or by fine of not less than fifty dollars nor more than two hundred dollars or by both.
[ 2003 c 53 s 207; 1963 c 4 s 36.71.060. Prior: 1909 c 214 s 2; RRS s 8354.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: Peddler's license—Penalty for peddling without license.


title: RCW 36.71.070

text:
(1) If any person sells any goods, wares, or merchandise, at auction or public outcry, or barters goods, wares or merchandise from traveling boats, wagons, carts or vehicles of any kind, or from any pack, basket or other package carried on foot without first having obtained a license therefor from the board of county commissioners of the county in which such goods are sold or bartered, he or she shall be guilty of a misdemeanor, and upon conviction shall be fined not less than five nor more than fifty dollars, and shall stand committed to the county jail of the county in which the conviction is had until such fine and cost of prosecution are paid, or discharged by due course of law: PROVIDED, That this section shall not be construed as to apply to any seagoing craft or to administrators or executors selling property of deceased persons, or to private individuals selling their household property, or furniture, or farming tools, implements, or livestock, or any produce grown or raised by them, either at public auction or private sale.
(2) Notwithstanding subsection (1) of this section, counties shall not license auctioneers that are licensed by the state under chapter 18.11 RCW.
[ 2009 c 549 s 4124; 1984 c 189 s 6; 1963 c 4 s 36.71.070. Prior: 1879 p 130 s 1; 1873 p 437 s 1; RRS s 8341.]

catchline: Hawkers, auctioneers, and barterers must procure license—Exceptions.


title: RCW 36.71.080

text:
The county legislative authority may, by its order, direct the appropriate county official to issue a license to any person to do any business designated in RCW 36.71.070 for such sum as may be fixed under the authority of RCW 36.32.120(3).
[ 1985 c 91 s 7; 1963 c 4 s 36.71.080. Prior: 1873 p 438 s 3; RRS s 8342.]

catchline: Hawkers, auctioneers, and barterers must procure license—Issuance of license.


title: RCW 36.71.090

text:
It shall be lawful for any farmer, gardener, or other person, without license, to sell, deliver, or peddle any fruits, vegetables, berries, eggs, or any farm produce or edibles raised, gathered, produced, or manufactured by such person and no city or town shall pass or enforce any ordinance prohibiting the sale by or requiring license from the producers and manufacturers of farm produce and edibles as defined in this section. However, nothing in this section authorizes any person to sell, deliver, or peddle, without license, in any city or town, any dairy product, meat, poultry, eel, fish, mollusk, or shellfish where a license is required to engage legally in such activity in such city or town.
[ 2017 3rd sp.s. c 8 s 56; 2003 c 387 s 5; 2002 c 301 s 9; 1984 c 25 s 4; 1963 c 4 s 36.71.090. Prior: 1917 c 45 s 1; 1897 c 62 s 1; RRS s 8343.]
Notes:
Finding—Intent—Effective date—2017 3rd sp.s. c 8: See notes following RCW 77.08.010.
Finding—Effective date—2002 c 301: See notes following RCW 77.65.510.

catchline: Farmers, gardeners, etc., peddling own produce exempt from license requirements—Exception.


title: RCW 36.72.071

text:
All county officers shall cause all legal notices and delinquent tax lists to be advertised in the official county newspaper designated by the county legislative authority.
[ 1977 c 34 s 1.]

catchline: All county officers to use official county newspaper.


title: RCW 36.72.075

text:
At its first April meeting, the county legislative authority shall let a contract to a legal newspaper qualified under this section to serve as the official county newspaper for the term of one year beginning on the first day of July following. If there be at least one legal newspaper published in the county, the contract shall be let to a legal newspaper published in the county. If there be no legal newspaper published in the county, the county legislative authority shall let the contract to a legal newspaper published in an adjacent county and having general circulation in the county.
When two or more legal newspapers are qualified under the provisions of this section to be the official county newspaper, the clerk of the county legislative authority shall advertise, at least five weeks before the meeting at which the county legislative authority shall let the contract for the official county newspaper, for bid proposals to be submitted by interested qualified legal newspapers. Advertisement of the opportunity to bid shall be mailed to all qualified legal newspapers and shall be published once in the official county newspaper. The advertisement may designate the form which notices shall take, and may require that the successful bidder provide a bond for the correct and faithful performance of the contract.
The county legislative authority shall let the contract to the best and lowest responsible bidder, giving consideration to the question of circulation in awarding the contract, with a view to giving publication of notices the widest publicity.
[ 2017 c 37 s 3; 1977 c 34 s 2.]

catchline: Official county newspaper.


title: RCW 36.72.080

text:
The state auditor, with the aid and advice of the attorney general shall compile the forms for all public blanks used in the counties of this state in conformity with the general statutes thereof. The various blanks shall be uniform throughout the state.
[ 1963 c 4 s 36.72.080. Prior: 1897 c 35 s 1; RRS s 4078.]

catchline: Forms for public blanks, compilation of.


title: RCW 36.72.090

text:
The material used in such blank forms and the printing and binding thereof shall be provided for by the state in the same manner and under the same rules and regulations as other public printing is now provided for under the general statutes of this state.
[ 1963 c 4 s 36.72.090. Prior: 1897 c 35 s 2; RRS s 4079.]

catchline: Forms for public blanks, compilation of—Material to be provided by state.


title: RCW 36.73.010

text:
The legislature finds that the citizens of the state can benefit by cooperation of the public and private sectors in addressing transportation needs. This cooperation can be fostered through enhanced capability for cities, towns, and counties to make and fund transportation improvements necessitated by economic development and to improve the performance of the transportation system.
It is the intent of the legislature to encourage joint efforts by the state, local governments, and the private sector to respond to the need for those transportation improvements on state highways, county roads, and city streets. This goal can be better achieved by allowing cities, towns, and counties to establish transportation benefit districts in order to respond to the special transportation needs and economic opportunities resulting from private sector development for the public good. The legislature also seeks to facilitate the equitable participation of private developers whose developments may generate the need for those improvements in the improvement costs.
[ 2005 c 336 s 2; 1987 c 327 s 1.]
Notes:
Effective date—2005 c 336: See note following RCW 36.73.015.

catchline: Intent.


title: RCW 36.73.015

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "City" means a city or town.
(2) "District" means a transportation benefit district created under this chapter.
(3) "Low-income" means household income set by the district creating the rebate program that is at or below seventy-five percent of the median household income, adjusted for household size, for the district in which the fees, taxes, or tolls were imposed.
(4) "Rebate program" means an optional program established by a transportation benefit district that includes a city with a population of five hundred thousand persons or more for the purpose of providing rebates to low-income individuals for fees, taxes, and/or tolls imposed by such transportation benefit district for: (a) Vehicle fees imposed under RCW 36.73.040(3)(b); (b) sales and use taxes imposed under RCW 36.73.040(3)(a); and/or (c) tolls imposed under RCW 36.73.040(3)(d).
(5) "Supplemental transportation improvement" or "supplemental improvement" means any project, work, or undertaking to provide public transportation service, in addition to a district's existing or planned voter-approved transportation improvements, proposed by a participating city member of the district under RCW 36.73.180.
(6) "Transportation improvement" means a project contained in the transportation plan of the state, a regional transportation planning organization, city, county, or eligible jurisdiction as identified in RCW 36.73.020(2). A project may include investment in new or existing highways of statewide significance, principal arterials of regional significance, high capacity transportation, public transportation, and other transportation projects and programs of regional or statewide significance including transportation demand management. Projects may also include the operation, preservation, and maintenance of these facilities or programs.
[ 2015 3rd sp.s. c 44 s 311; 2012 c 152 s 1. Prior: 2010 c 251 s 2; 2010 c 105 s 1; 2006 c 311 s 24; 2005 c 336 s 1.]
Notes:
Effective date—2015 3rd sp.s. c 44: See note following RCW 46.68.395.
Findings—2006 c 311: See note following RCW 36.120.020.
Effective date—2005 c 336: "This act takes effect August 1, 2005." [ 2005 c 336 s 26.]

catchline: Definitions.


title: RCW 36.73.020

text:
(1) The legislative authority of a county or city may establish a transportation benefit district within the county or city area or within the area specified in subsection (2) of this section, for the purpose of acquiring, constructing, improving, providing, and funding a transportation improvement within the district that is consistent with any existing state, regional, or local transportation plans and necessitated by existing or reasonably foreseeable congestion levels. The transportation improvements shall be owned by the county of jurisdiction if located in an unincorporated area, by the city of jurisdiction if located in an incorporated area, or by the state in cases where the transportation improvement is or becomes a state highway. However, if deemed appropriate by the governing body of the transportation benefit district, a transportation improvement may be owned by a participating port district or transit district, unless otherwise prohibited by law. Transportation improvements shall be administered and maintained as other public streets, roads, highways, and transportation improvements. To the extent practicable, the district shall consider the following criteria when selecting transportation improvements:
(a) Reduced risk of transportation facility failure and improved safety;
(b) Improved travel time;
(c) Improved air quality;
(d) Increases in daily and peak period trip capacity;
(e) Improved modal connectivity;
(f) Improved freight mobility;
(g) Cost-effectiveness of the investment;
(h) Optimal performance of the system through time;
(i) Improved accessibility for, or other benefits to, persons with special transportation needs as defined in *RCW 47.06B.012; and
(j) Other criteria, as adopted by the governing body.
(2) Subject to subsection (6) of this section, the district may include area within more than one county, city, port district, county transportation authority, or public transportation benefit area, if the legislative authority of each participating jurisdiction has agreed to the inclusion as provided in an interlocal agreement adopted pursuant to chapter 39.34 RCW. However, the boundaries of the district need not include all territory within the boundaries of the participating jurisdictions comprising the district.
(3) The members of the legislative authority proposing to establish the district, acting ex officio and independently, shall constitute the governing body of the district: PROVIDED, That where a district includes area within more than one jurisdiction under subsection (2) of this section, the district shall be governed under an interlocal agreement adopted pursuant to chapter 39.34 RCW, with the governing body being composed of (a) at least five members including at least one elected official from the legislative authority of each participating jurisdiction or (b) the governing body of the metropolitan planning organization serving the district, but only if the district boundaries are identical to the boundaries of the metropolitan planning organization serving the district.
(4) The treasurer of the jurisdiction proposing to establish the district shall act as the ex officio treasurer of the district, unless an interlocal agreement states otherwise.
(5) The electors of the district shall all be registered voters residing within the district.
(6) Prior to December 1, 2007, the authority under this section, regarding the establishment of or the participation in a district, shall not apply to:
(a) Counties with a population greater than one million five hundred thousand persons and any adjoining counties with a population greater than five hundred thousand persons;
(b) Cities with any area within the counties under (a) of this subsection; and
(c) Other jurisdictions with any area within the counties under (a) of this subsection.
[ 2010 c 250 s 1; 2009 c 515 s 14; 2006 c 311 s 25; 2005 c 336 s 3; 1989 c 53 s 1; 1987 c 327 s 2.]
Notes:
*Reviser's note: RCW 47.06B.012 was repealed by 2011 c 60 s 51.
Findings—2006 c 311: See note following RCW 36.120.020.
Effective date—2005 c 336: See note following RCW 36.73.015.
Severability—1989 c 53: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1989 c 53 s 5.]
Transportation benefit district tax authority: RCW 82.47.020.

catchline: Establishment of district by county or city—Participation by other jurisdictions.