Revised Code of Washington
Chapter 36.70A - Growth Management—Planning by Selected Counties and Cities.
36.70A.470 - Project review—Amendment suggestion procedure—Definitions.

RCW 36.70A.470
Project review—Amendment suggestion procedure—Definitions.

(1) Project review, which shall be conducted pursuant to the provisions of chapter 36.70B RCW, shall be used to make individual project decisions, not land use planning decisions. If, during project review, a county or city planning under RCW 36.70A.040 identifies deficiencies in plans or regulations:
(a) The permitting process shall not be used as a comprehensive planning process;
(b) Project review shall continue; and
(c) The identified deficiencies shall be docketed for possible future plan or development regulation amendments.
(2) Each county and city planning under RCW 36.70A.040 shall include in its development regulations a procedure for any interested person, including applicants, citizens, hearing examiners, and staff of other agencies, to suggest plan or development regulation amendments. The suggested amendments shall be docketed and considered on at least an annual basis, consistent with the provisions of RCW 36.70A.130.
(3) For purposes of this section, a deficiency in a comprehensive plan or development regulation refers to the absence of required or potentially desirable contents of a comprehensive plan or development regulation. It does not refer to whether a development regulation addresses a project's probable specific adverse environmental impacts which the permitting agency could mitigate in the normal project review process.
(4) For purposes of this section, docketing refers to compiling and maintaining a list of suggested changes to the comprehensive plan or development regulations in a manner that will ensure such suggested changes will be considered by the county or city and will be available for review by the public.

[ 1995 c 347 § 102.]
NOTES:

Findings—Intent—1995 c 347 § 102: "The legislature finds that during project review, a county or city planning under RCW 36.70A.040 is likely to discover the need to make various improvements in comprehensive plans and development regulations. There is no current requirement or process for applicants, citizens, or agency staff to ensure that these improvements are considered in the plan review process. The legislature also finds that in the past environmental review and permitting of proposed projects have been used to reopen and make land use planning decisions that should have been made through the comprehensive planning process, in part because agency staff and hearing examiners have not been able to ensure consideration of all issues in the local planning process. The legislature further finds that, while plans and regulations should be improved and refined over time, it is unfair to penalize applicants that have submitted permit applications that meet current requirements. It is the intent of the legislature in enacting RCW 36.70A.470 to establish a means by which cities and counties will docket suggested plan or development regulation amendments and ensure their consideration during the planning process." [ 1995 c 347 § 101.]


Finding—1995 c 347: "The legislature recognizes by this act that the growth management act is a fundamental building block of regulatory reform. The state and local governments have invested considerable resources in an act that should serve as the integrating framework for all other land-use related laws. The growth management act provides the means to effectively combine certainty for development decisions, reasonable environmental protection, long-range planning for cost-effective infrastructure, and orderly growth and development." [ 1995 c 347 § 1.]


Severability—1995 c 347: "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." [ 1995 c 347 § 901.]


Part headings and table of contents not law—1995 c 347: "Part headings and the table of contents as used in this act do not constitute any part of the law." [ 1995 c 347 § 902.]

Structure Revised Code of Washington

Revised Code of Washington

Title 36 - Counties

Chapter 36.70A - Growth Management—Planning by Selected Counties and Cities.

36.70A.010 - Legislative findings.

36.70A.011 - Findings—Rural lands.

36.70A.020 - Planning goals.

36.70A.030 - Definitions.

36.70A.035 - Public participation—Notice provisions.

36.70A.040 - Who must plan—Summary of requirements—Resolution for partial planning—Development regulations must implement comprehensive plans—Tribal participation.

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.067 - Effective date—Certain actions under RCW 36.70A.070, 36.70A.110, 36.70A.350, and 36.70A.360.

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.106 - Comprehensive plans—Development regulations—Transmittal to state—Amendments—Expedited review.

36.70A.108 - Comprehensive plans—Transportation element—Multimodal transportation improvements and strategies.

36.70A.110 - Comprehensive plans—Urban growth areas.

36.70A.115 - Comprehensive plans and development regulations must provide sufficient land capacity for development.

36.70A.120 - Planning activities and capital budget decisions—Implementation in conformity with comprehensive plan.

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.213 - Extension of public facilities and utilities to serve school sited in a rural area authorized—Requirements for authorization—Report.

36.70A.215 - Review and evaluation program.

36.70A.217 - Guidance for local governments on the review and evaluation program—Public participation—Analysis and recommendations.

36.70A.250 - Growth management hearings board—Creation—Members.

36.70A.252 - Growth management hearings board—Consolidation into environmental and land use hearings office.

36.70A.260 - Growth management hearings board—Regional panels.

36.70A.270 - Growth management hearings board—Conduct, procedure, and compensation—Public access to rulings, decisions, and orders.

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.300 - Final orders.

36.70A.302 - Growth management hearings board—Determination of invalidity—Vesting of development permits—Interim controls.

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.330 - Noncompliance.

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.345 - 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.368 - Major industrial developments—Master planned locations—Reclaimed surface coal mine sites.

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

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.500 - Growth management planning and environmental review fund—Awarding of grant or loan—Procedures.

36.70A.510 - General aviation airports.

36.70A.520 - National historic towns—Designation.

36.70A.530 - Land use development incompatible with military installation not allowed—Revision of comprehensive plans and development regulations.

36.70A.540 - Affordable housing incentive programs—Low-income housing units—Tiny house communities.

36.70A.545 - Increased density bonus for affordable housing located on property owned by a religious organization.

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.600 - Cities planning under RCW 36.70A.040—Increasing residential building capacity—Housing action plan authorized—Grant assistance.

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.702 - Construction.

36.70A.703 - Definitions.

36.70A.705 - Voluntary stewardship program established—Administered by commission—Agency participation.

36.70A.710 - Critical areas protection—Alternative to RCW 36.70A.060—County's responsibilities—Procedures.

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.

36.70A.903 - Transfer of powers, duties, and functions.

36.70A.904 - Conflict with federal requirements—2011 c 360.