Local government planning

AN ACT Relating to ensuring that local government planning 1
complies with the growth management act; and amending RCW 36.70A.302 2
and 36.70A.330. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
Sec. 1. RCW 36.70A.302 and 2010 c 211 s 10 are each amended to 5
read as follows: 6
(1) The board may determine that part or all of a comprehensive 7
plan or development regulations are invalid if the board:8
(a) Makes a finding of noncompliance and issues an order of 9
remand under RCW 36.70A.300; 10
(b) Includes in the final order a determination, supported by 11
findings of fact and conclusions of law, that the continued validity 12
of part or parts of the plan or regulation would substantially 13
interfere with the fulfillment of the goals of this chapter; and14
(c) Specifies in the final order the particular part or parts of 15
the plan or regulation that are determined to be invalid, and the 16
reasons for their invalidity. 17
(2) A determination of invalidity is prospective in effect and 18
does not extinguish rights that vested under state or local law 19
before receipt of the board's order by the city or county. The 20
determination of invalidity does not apply to a completed development 21
H-0236.1
HOUSE BILL 1135
State of Washington 69th Legislature 2025 Regular Session
By Representatives Duerr, Parshley, Berry, Fitzgibbon, Doglio,
Peterson, Wylie, Berg, Davis, Lekanoff, and Hill
Prefiled 12/26/24. Read first time 01/13/25. Referred to Committee
on Local Government.
p. 1 HB 1135
permit application for a project that vested under state or local law 1
before receipt of the board's order by the county or city or to 2
related construction permits for that project. 3
(3)(a) Except as otherwise provided in subsection (2) of this 4
section and (b) of this subsection, a development permit application 5
not vested under state or local law before receipt of the board's 6
order by the county or city vests to the local ordinance or 7
resolution that is determined by the board not to substantially 8
interfere with the fulfillment of the goals of this chapter.9
(b) Even though the application is not vested under state or 10
local law before receipt by the county or city of the board's order, 11
a determination of invalidity does not apply to a development permit 12
application for: 13
(i) A permit for construction by any owner, lessee, or contract 14
purchaser of a single -family residence for his or her own use or for 15
the use of his or her family on a lot existing before receipt by the 16
county or city of the board's order, except as otherwise specifically 17
provided in the board's order to protect the public health and 18
safety; 19
(ii) A building permit and related construction permits for 20
remodeling, tenant improvements, or expansion of an existing 21
structure on a lot existing before receipt of the board's order by 22
the county or city; and 23
(iii) A boundary line adjustment or a division of land that does 24
not increase the number of buildable lots existing before receipt of 25
the board's order by the county or city. 26
(4) If the ordinance that adopts a plan or development regulation 27
under this chapter includes a savings clause intended to revive prior 28
policies or regulations in the event the new plan or regulations are 29
determined to be invalid, the board shall determine under subsection 30
(1) of this section whether the prior policies or regulations are 31
valid during the period of remand. 32
(5) A county or city subject to a determination of invalidity may 33
adopt interim controls and other measures to be in effect until it 34
adopts a comprehensive plan and development regulations that comply 35
with the requirements of this chapter. A development permit 36
application may vest under an interim control or measure upon 37
determination by the board that the interim controls and other 38
measures do not substantially interfere with the fulfillment of the 39
goals of this chapter. 40
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(6) A county or city subject to a determination of invalidity may 1
file a motion requesting that the board clarify, modify, or rescind 2
the order. The board shall expeditiously schedule a hearing on the 3
motion. At the hearing on the motion, the parties may present 4
information to the board to clarify the part or parts of the 5
comprehensive plan or development regulations to which the final 6
order applies. The board shall issue any supplemental order based on 7
the information provided at the hearing not later than ((thirty)) 30 8
days after the date of the hearing. 9
(7)(a) If a determination of invalidity has been made and the 10
county or city has enacted an ordinance or resolution amending or 11
repealing the invalidated part or parts of the plan or regulation or 12
establishing interim controls on development affected by the order of 13
invalidity, after a compliance hearing, the board shall modify or 14
rescind the determination of invalidity if it determines under the 15
standard in subsection (1) of this section that the plan or 16
regulation, as amended or made subject to such interim controls , or 17
as exists after invalidated portions of the plan or regulation have 18
been repealed , will no longer substantially interfere with the 19
fulfillment of the goals of this chapter. 20
(b) If the board determines that part or parts of the plan or 21
regulation are no longer invalid as provided in this subsection, but 22
does not find that the plan or regulation is in compliance with all 23
of the requirements of this chapter, the board, in its order, may 24
require periodic reports to the board on the progress the 25
jurisdiction is making towards compliance. 26
Sec. 2. RCW 36.70A.330 and 2021 c 312 s 2 are each amended to 27
read as follows: 28
(1) After the time set for complying with the requirements of 29
this chapter under RCW 36.70A.300(3)(b) has expired, or at an earlier 30
time upon the motion of a county or city subject to a determination 31
of invalidity under RCW 36.70A.300, the board shall set a hearing for 32
the purpose of determining whether the state agency, county, or city 33
is in compliance with the requirements of this chapter.34
(2) The board shall conduct a hearing and issue a finding of 35
compliance or noncompliance with the requirements of this chapter and 36
with any compliance schedule established by the board in its final 37
order. The board may not issue a finding of compliance if a county or 38
city subject to a determination of invalidity under RCW 36.70A.300 39
p. 3 HB 1135
has repealed the plan or regulations that were found noncompliant, 1
unless the plan or regulations that will be in effect after such a 2
repeal are compliant with the requirements of this chapter. A person 3
with standing to challenge the legislation enacted in response to the 4
board's final order may participate in the hearing along with the 5
petitioner and the state agency, county, or city. A hearing under 6
this subsection shall be given the highest priority of business to be 7
conducted by the board, and a finding shall be issued within ((forty-8
five)) 45 days of the filing of the motion under subsection (1) of 9
this section with the board. The board shall issue any order 10
necessary to make adjustments to the compliance schedule and set 11
additional hearings as provided in subsection (5) of this section.12
(3) If the board after a compliance hearing finds that the state 13
agency, county, or city is not in compliance, the board shall 14
transmit its finding to the governor. 15
(a) The board may refer a finding of noncompliance to the 16
department. The purpose of the referral is for the department to 17
provide technical assistance to facilitate speedy resolution of the 18
finding of noncompliance and to provide training pursuant to RCW 19
36.70A.332 as necessary. 20
(b) Alternatively, the board may recommend to the governor that 21
the sanctions authorized by this chapter be imposed. The board shall 22
take into consideration the county's or city's efforts to meet its 23
compliance schedule in making the decision to recommend sanctions to 24
the governor. 25
(4) In a compliance hearing upon petition of a party, the board 26
shall also reconsider its final order and decide, if no determination 27
of invalidity has been made, whether one now should be made under RCW 28
36.70A.302. 29
(5) The board shall schedule additional hearings as appropriate 30
pursuant to subsections (1) and (2) of this section.31
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