RCW 36.70A.300
Final orders.
(1) The board shall issue a final order that shall be based exclusively on whether or not a state agency, county, or city is in compliance with the requirements of this chapter, chapter 90.58 RCW as it relates to adoption or amendment of shoreline master programs, or chapter 43.21C RCW as it relates to adoption of plans, development regulations, and amendments thereto, under RCW 36.70A.040 or chapter 90.58 RCW.
(2)(a) Except as provided in (b) of this subsection, the final order shall be issued within one hundred eighty days of receipt of the petition for review, or, if multiple petitions are filed, within one hundred eighty days of receipt of the last petition that is consolidated.
(b) The board may extend the period of time for issuing a decision to enable the parties to settle the dispute if additional time is necessary to achieve a settlement, and (i) an extension is requested by all parties, or (ii) an extension is requested by the petitioner and respondent and the board determines that a negotiated settlement between the remaining parties could resolve significant issues in dispute. The request must be filed with the board not later than seven days before the date scheduled for the hearing on the merits of the petition. The board may authorize one or more extensions for up to ninety days each, subject to the requirements of this section.
(3) In the final order, the board shall either:
(a) Find that the state agency, county, or city is in compliance with the requirements of this chapter, chapter 90.58 RCW as it relates to the adoption or amendment of shoreline master programs, or chapter 43.21C RCW as it relates to adoption of plans, development regulations, and amendments thereto, under RCW 36.70A.040 or chapter 90.58 RCW; or
(b) Find that the state agency, county, or city is not in compliance with the requirements of this chapter, chapter 90.58 RCW as it relates to the adoption or amendment of shoreline master programs, or chapter 43.21C RCW as it relates to adoption of plans, development regulations, and amendments thereto, under RCW 36.70A.040 or chapter 90.58 RCW, in which case the board shall remand the matter to the affected state agency, county, or city. The board shall specify a reasonable time not in excess of one hundred eighty days, or such longer period as determined by the board in cases of unusual scope or complexity, within which the state agency, county, or city shall comply with the requirements of this chapter. The board may require periodic reports to the board on the progress the jurisdiction is making towards compliance.
(4)(a) Unless the board makes a determination of invalidity under RCW 36.70A.302, a finding of noncompliance and an order of remand shall not affect the validity of comprehensive plans and development regulations during the period of remand.
(b) Unless the board makes a determination of invalidity, state agencies, commissions, and governing boards may not determine a county, city, or town to be ineligible or otherwise penalized in the acceptance of applications or the awarding of state agency grants or loans during the period of remand. This subsection (4)(b) applies only to counties, cities, and towns that have: (i) Delayed the initial effective date of the action subject to the petition before the board until after the board issues a final determination; or (ii) within thirty days of receiving notice of a petition for review by the board, delayed or suspended the effective date of the action subject to the petition before the board until after the board issues a final determination.
(5) Any party aggrieved by a final decision of the hearings board may appeal the decision to superior court as provided in RCW 34.05.514 or 36.01.050 within thirty days of the final order of the board. Unless the board makes a determination of invalidity under RCW 36.70A.302, state agencies, commissions, or governing boards shall not penalize counties, cities, or towns during the pendency of an appeal as provided in RCW 43.17.250.
[ 2013 c 275 § 1; 1997 c 429 § 14; 1995 c 347 § 110; 1991 sp.s. c 32 § 11.]
NOTES:
Prospective application—1997 c 429 §§ 1-21: See note following RCW 36.70A.3201.
Severability—1997 c 429: See note following RCW 36.70A.3201.
Finding—Severability—Part headings and table of contents not law—1995 c 347: See notes following RCW 36.70A.470.
Structure Revised Code of Washington
Chapter 36.70A - Growth Management—Planning by Selected Counties and Cities.
36.70A.010 - Legislative findings.
36.70A.011 - Findings—Rural lands.
36.70A.035 - Public participation—Notice provisions.
36.70A.045 - Phasing of comprehensive plan submittal.
36.70A.050 - Guidelines to classify agriculture, forest, and mineral lands and critical areas.
36.70A.060 - Natural resource lands and critical areas—Development regulations.
36.70A.070 - Comprehensive plans—Mandatory elements.
36.70A.080 - Comprehensive plans—Optional elements.
36.70A.085 - Comprehensive plans—Port elements.
36.70A.090 - Comprehensive plans—Innovative techniques.
36.70A.100 - Comprehensive plans—Must be coordinated.
36.70A.103 - State agencies required to comply with comprehensive plans.
36.70A.110 - Comprehensive plans—Urban growth areas.
36.70A.130 - Comprehensive plans—Review procedures and schedules—Implementation progress report.
36.70A.131 - Mineral resource lands—Review of related designations and development regulations.
36.70A.140 - Comprehensive plans—Ensure public participation.
36.70A.142 - Comprehensive plans—Siting of organic materials management facilities.
36.70A.150 - Identification of lands useful for public purposes.
36.70A.160 - Identification of open space corridors—Purchase authorized.
36.70A.165 - Property designated as greenbelt or open space—Not subject to adverse possession.
36.70A.170 - Natural resource lands and critical areas—Designations.
36.70A.171 - Playing fields—Compliance with this chapter.
36.70A.172 - Critical areas—Designation and protection—Best available science to be used.
36.70A.175 - Wetlands to be delineated in accordance with manual.
36.70A.177 - Agricultural lands—Innovative zoning techniques—Accessory uses.
36.70A.180 - Chapter implementation—Intent.
36.70A.190 - Technical assistance—Grants—Mediation services—Resolution of tribal disputes.
36.70A.200 - Siting of essential public facilities—Limitation on liability.
36.70A.210 - Countywide planning policies.
36.70A.211 - Siting of schools—Rural areas, when authorized—Impact fees.
36.70A.212 - Siting of schools—Periodic updates.
36.70A.215 - Review and evaluation program.
36.70A.250 - Growth management hearings board—Creation—Members.
36.70A.260 - Growth management hearings board—Regional panels.
36.70A.280 - Growth management hearings board—Matters subject to review.
36.70A.290 - Growth management hearings board—Petitions—Evidence.
36.70A.295 - Growth management hearings board—Direct judicial review.
36.70A.305 - Expedited review.
36.70A.310 - Growth management hearings board—Limitations on appeal by the state.
36.70A.320 - Presumption of validity—Burden of proof—Plans and regulations.
36.70A.3201 - Growth management hearings board—Legislative intent and finding.
36.70A.332 - Training regarding findings of noncompliance.
36.70A.335 - Order of invalidity issued before July 27, 1997.
36.70A.340 - Noncompliance and sanctions.
36.70A.350 - New fully contained communities.
36.70A.360 - Master planned resorts.
36.70A.362 - Master planned resorts—Existing resort may be included.
36.70A.365 - Major industrial developments.
36.70A.367 - Major industrial developments—Master planned locations.
36.70A.370 - Protection of private property.
36.70A.380 - Extension of designation date.
36.70A.385 - Environmental planning pilot projects.
36.70A.390 - Moratoria, interim zoning controls—Public hearing—Limitation on length—Exceptions.
36.70A.400 - Accessory apartments.
36.70A.410 - Treatment of residential structures occupied by persons with handicaps.
36.70A.420 - Transportation projects—Findings—Intent.
36.70A.430 - Transportation projects—Collaborative review process.
36.70A.460 - Watershed restoration projects—Permit processing—Fish habitat enhancement project.
36.70A.470 - Project review—Amendment suggestion procedure—Definitions.
36.70A.480 - Shorelines of the state.
36.70A.481 - Construction—Chapter 347, Laws of 1995.
36.70A.490 - Growth management planning and environmental review fund—Established.
36.70A.510 - General aviation airports.
36.70A.520 - National historic towns—Designation.
36.70A.540 - Affordable housing incentive programs—Low-income housing units—Tiny house communities.
36.70A.550 - Aquifer conservation zones.
36.70A.570 - Regulation of forest practices.
36.70A.590 - Complying with requirements relating to surface and groundwater resources.
36.70A.610 - Housing supply and affordability report.
36.70A.620 - Cities planning under RCW 36.70A.040—Minimum residential parking requirements.
36.70A.690 - On-site sewage system self-inspection.
36.70A.695 - Development regulations—Jurisdictions specified—Electric vehicle infrastructure.
36.70A.696 - Accessory dwelling units—Definitions.
36.70A.697 - Accessory dwelling units—Adoption of requirements.
36.70A.698 - Accessory dwelling units—Off-street parking—When prohibited.
36.70A.699 - Accessory dwelling units—Rights not modified.
36.70A.700 - Purpose—Intent—2011 c 360.
36.70A.715 - Funding by commission—County's duties—Watershed group established.
36.70A.720 - Watershed group's duties—Work plan—Conditional priority funding.
36.70A.725 - Technical review of work plan—Time frame for action by director.
36.70A.730 - Report by watershed group—Director consults with statewide advisory committee.
36.70A.735 - When work plan is not approved, fails, or is unfunded—County's duties—Rules.
36.70A.740 - Commission's duties—Timelines.
36.70A.745 - Statewide advisory committee—Membership.
36.70A.750 - Agricultural operators—Individual stewardship plan.
36.70A.755 - Implementing the work plan.
36.70A.760 - Agricultural operators—Withdrawal from program.
36.70A.800 - Role of growth strategies commission.
36.70A.900 - Severability—1990 1st ex.s. c 17.
36.70A.901 - Part, section headings not law—1990 1st ex.s. c 17.
36.70A.902 - Section headings not law—1991 sp.s. c 32.