RCW 36.70A.320
Presumption of validity—Burden of proof—Plans and regulations.
(1) Except as provided in subsection (5) of this section, comprehensive plans and development regulations, and amendments thereto, adopted under this chapter are presumed valid upon adoption.
(2) Except as otherwise provided in subsection (4) of this section, the burden is on the petitioner to demonstrate that any action taken by a state agency, county, or city under this chapter is not in compliance with the requirements of this chapter.
(3) In any petition under this chapter, the board, after full consideration of the petition, shall determine whether there is compliance with the requirements of this chapter. In making its determination, the board shall consider the criteria adopted by the department under RCW 36.70A.190(4). The board shall find compliance unless it determines that the action by the state agency, county, or city is clearly erroneous in view of the entire record before the board and in light of the goals and requirements of this chapter.
(4) A county or city subject to a determination of invalidity made under RCW 36.70A.300 or 36.70A.302 has the burden of demonstrating that the ordinance or resolution it has enacted in response to the determination of invalidity will no longer substantially interfere with the fulfillment of the goals of this chapter under the standard in RCW 36.70A.302(1).
(5) The shoreline element of a comprehensive plan and the applicable development regulations adopted by a county or city shall take effect as provided in chapter 90.58 RCW.
[ 1997 c 429 § 20; 1995 c 347 § 111; 1991 sp.s. c 32 § 13.]
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.