Wash. Rev. Code § 36.70A.280

Current through 2024

Section 36.70A.280 - Growth management hearings board-Matters subject to review

(1) The growth management hearings board shall hear and determine only those petitions alleging either:

(a) That, except as provided otherwise by this subsection, a state agency, county, or city planning under this chapter is not in compliance with the requirements of this chapter, chapter 90.58 RCW as it relates to the adoption of shoreline master programs or amendments thereto, or chapter 43.21C RCW as it relates to plans, development regulations, or amendments, adopted under RCW 36.70A.040 or chapter 90.58 RCW. Nothing in this subsection authorizes the board to hear petitions alleging noncompliance based on a city or county's actions taken to implement the requirements of RCW 36.70A.680 and 36.70A.681 within an urban growth area;

(b) That the 20-year growth management planning population projections adopted by the office of financial management pursuant to RCW 43.62.035 should be adjusted;

(c) That the approval of a work plan adopted under RCW 36.70A.735(1)(a) is not in compliance with the requirements of the program established under RCW 36.70A.710;

(d) That regulations adopted under RCW 36.70A.735(1)(b) are not regionally applicable and cannot be adopted, wholly or partially, by another jurisdiction;

(e) That a department certification under RCW 36.70A.735(1)(c) is erroneous;

(f) That the department's final decision to approve or reject a proposed greenhouse gas emissions reduction subelement or amendments by a local government planning under RCW 36.70A.040 was not in compliance with the joint guidance issued by the department pursuant to RCW 70A.45.120; or

(g) That the department's final decision to approve or reject actions by a city implementing RCW 36.70A.635 is clearly erroneous.

(2) A petition may be filed only by:

(a) The state, or a county or city that plans under this chapter;

(b) a person who has participated orally or in writing before the county or city regarding the matter on which a review is being requested;

(c) a person who is certified by the governor within 60 days of filing the request with the board; or

(d) a person qualified pursuant to RCW 34.05.530.

(3) For purposes of this section "person" means any individual, partnership, corporation, association, state agency, governmental subdivision or unit thereof, or public or private organization or entity of any character.

(4) To establish participation standing under subsection (2)(b) of this section, a person must show that his or her participation before the county or city was reasonably related to the person's issue as presented to the board.

(5) When considering a possible adjustment to a growth management planning population projection prepared by the office of financial management, the board shall consider the implications of any such adjustment to the population forecast for the entire state.

The rationale for any adjustment that is adopted by the board must be documented and filed with the office of financial management within ten working days after adoption.

If adjusted by the board, a county growth management planning population projection shall only be used for the planning purposes set forth in this chapter and shall be known as the "board adjusted population projection." None of these changes shall affect the official state and county population forecasts prepared by the office of financial management, which shall continue to be used for state budget and planning purposes.

RCW 36.70A.280

Amended by 2023 c 334,§ 7, eff. 7/23/2023.

Amended by 2023 c 332,§ 6, eff. 7/23/2023.

Amended by 2023 c 228,§ 7, eff. 7/23/2023.

Amended by 2014 c 147,§ 3, eff. 6/12/2014, exp. 12/31/2020.

Amended by 2011 c 360,§ 17, eff. 7/22/2011.

Amended by 2010 c 211, § 7, eff. 7/1/2010.

2008 c 289 § 5; 2003 c 332 § 2; 1996 c 325 § 2; 1995 c 347 § 108; 1994 c 249 § 31; 1991 sp.s. c 32 § 9.

Reviser's note: This section was amended by 2023 c 228 s 7, 2023 c 332 s 6, and by 2023 c 334 s 7, without reference to one another. All amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).

Finding- 2023 c 332 : See note following RCW 36.70A.635.

Expiration date- 2014 c 147 s 3: "Section 3 of this act expires December 31, 2020." [2014 c 147 s 4.]

Effective date-Transfer of power, duties, and functions- 2010 c 211 : See notes following RCW 36.70A.250.

Findings-2008 c 289: "(1) The legislature recognizes that the implications of a changed climate will affect the people, institutions, and economies of Washington. The legislature also recognizes that it is in the public interest to reduce the state's dependence upon foreign sources of carbon fuels that do not promote energy independence or the economic strength of the state. The legislature finds that the state, including its counties, cities, and residents, must engage in activities that reduce greenhouse gas emissions and dependence upon foreign oil.

(2) The legislature further recognizes that: (a) Patterns of land use development influence transportation-related greenhouse gas emissions and the need for foreign oil; (b) fossil fuel-based transportation is the largest source of greenhouse gas emissions in Washington; and (c) the state and its residents will not achieve emission reductions established in *RCW 80.80.020 without a significant decrease in transportation emissions.

(3) The legislature, therefore, finds that it is in the public interest of the state to provide appropriate legal authority, where required, and to aid in the development of policies, practices, and methodologies that may assist counties and cities in addressing challenges associated with greenhouse gas emissions and our state's dependence upon foreign oil." [ 2008 c 289 s 1.]

*Reviser's note:RCW 80.80.020 was repealed by 2008 c 14 s 13.

Application-2008 c 289: "This act is not intended to amend or affect chapter 353, Laws of 2007." [ 2008 c 289 s 6.]

Intent-2003 c 332: "This act is intended to codify the Washington State Court of Appeals holding in Wells v. Western Washington Growth Management Hearings Board, 100 Wn. App. 657 (2000), by mandating that to establish participation standing under the growth management act, a person must show that his or her participation before the county or city was reasonably related to the person's issue as presented to the growth management hearings board." [ 2003 c 332 s 1.]

Severability-Effective date-1996 c 325: See notes following RCW 36.70A.270.

Finding-Severability-Part headings and table of contents not law-1995 c 347: See notes following RCW 36.70A.470.

Severability-Application-1994 c 249: See notes following RCW 34.05.310.

Definitions: See RCW 36.70A.703.