RCW 36.70B.040
Determination of consistency.
(1) A proposed project's consistency with a local government's development regulations adopted under chapter 36.70A RCW, or, in the absence of applicable development regulations, the appropriate elements of the comprehensive plan adopted under chapter 36.70A RCW shall be decided by the local government during project review by consideration of:
(a) The type of land use;
(b) The level of development, such as units per acre or other measures of density;
(c) Infrastructure, including public facilities and services needed to serve the development; and
(d) The characteristics of the development, such as development standards.
(2) In deciding whether a project is consistent, the determinations made pursuant to RCW 36.70B.030(2) shall be controlling.
(3) For purposes of this section, the term "consistency" shall include all terms used in this chapter and chapter 36.70A RCW to refer to performance in accordance with this chapter and chapter 36.70A RCW, including but not limited to compliance, conformity, and consistency.
(4) Nothing in this section requires documentation, dictates an agency's procedures for considering consistency, or limits a city or county from asking more specific or related questions with respect to any of the four main categories listed in subsection (1)(a) through (d) of this section.
(5) The *department of community, trade, and economic development is authorized to develop and adopt by rule criteria to assist local governments planning under RCW 36.70A.040 to analyze the consistency of project actions. These criteria shall be jointly developed with the department of ecology.
[ 1997 c 429 § 46; 1995 c 347 § 405.]
NOTES:
*Reviser's note: The "department of community, trade, and economic development" was renamed the "department of commerce" by 2009 c 565.
Severability—1997 c 429: See note following RCW 36.70A.3201.
Intent—Findings—1995 c 347 §§ 404 and 405: See note following RCW 36.70B.030.
Structure Revised Code of Washington
Chapter 36.70B - Local Project Review.
36.70B.010 - Findings and declaration.
36.70B.030 - Project review—Required elements—Limitations.
36.70B.040 - Determination of consistency.
36.70B.050 - Local government review of project permit applications required—Objectives.
36.70B.070 - Project permit applications—Determination of completeness—Notice to applicant.
36.70B.080 - Development regulations—Requirements—Report on implementation costs.
36.70B.100 - Designation of person or entity to receive determinations and notices.
36.70B.120 - Permit review process.
36.70B.130 - Notice of decision—Distribution.
36.70B.140 - Project permits that may be excluded from review.
36.70B.150 - Local governments not planning under the growth management act may use provisions.
36.70B.160 - Additional project review encouraged—Construction.
36.70B.170 - Development agreements—Authorized.
36.70B.180 - Development agreements—Effect.
36.70B.190 - Development agreements—Recording—Parties and successors bound.
36.70B.200 - Development agreements—Public hearing.
36.70B.210 - Development agreements—Authority to impose fees not extended.
36.70B.220 - Permit assistance staff.
36.70B.230 - Planning regulations—Copies provided to county assessor.
36.70B.900 - Finding—Severability—Part headings and table of contents not law—1995 c 347.