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AN ACT Relating to local government hearing examiners; and 1
amending RCW 36.70.970, 35.63.130, 35A.63.170, and 58.17.330.2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:3
Sec. 1. RCW 36.70.970 and 1995 c 347 s 425 are each amended to 4
read as follows: 5
(1) As an alternative to those provisions of this chapter 6
relating to powers or duties of the planning commission to hear and 7
issue recommendations on applications for plat approval and 8
applications for amendments to the zoning ordinance, the county 9
legislative authority ((may)) shall adopt a hearing examiner system 10
under which a hearing examiner or hearing examiners ((may)) hear and 11
issue decisions on proposals for plat approval and for ((amendments)) 12
quasi-judicial development permit applications subject to the zoning 13
ordinance ((when the amendment which is applied for is not of general 14
applicability. In addition, the legislative authority may vest in a 15
hearing examiner the power to hear and decide those issues it 16
believes should be reviewed and decided by a hearing examiner, 17
including but not limited to:18
(a) Applications for conditional uses, variances, shoreline 19
permits, or any other class of applications for or pertaining to 20
development of land or land use;21
S-1291.1
SENATE BILL 5719
State of Washington 69th Legislature 2025 Regular Session
By Senators Salomon and Cortes
Read first time 02/10/25. Referred to Committee on Local Government.
p. 1 SB 5719
(b) Appeals of administrative decisions or determinations; and1
(c) Appeals of administrative decisions or determinations 2
pursuant to chapter 43.21C RCW.3
The legislative authority shall prescribe procedures to be 4
followed by a hearing examiner)). 5
(2) The decision of the hearing examiner constitutes the final 6
decision, subject to appeal under chapter 36.70C RCW.7
(3) The legislative body shall adopt procedures to be followed by 8
a hearing examiner ensuring all decisions are consistent with the 9
future land use map of adopted comprehensive plans and comply with 10
clear and objective development regulations.11
(4) Any county which vests in a hearing examiner the authority to 12
hear and decide conditional uses and variances shall not be required 13
to have a zoning adjuster or board of adjustment. 14
(((2) Each county legislative authority electing to use a hearing 15
examiner pursuant to this section shall by ordinance specify the 16
legal effect of the decisions made by the examiner. Such legal effect 17
may vary for the different classes of applications decided by the 18
examiner but shall include one of the following:19
(a) The decision may be given the effect of a recommendation to 20
the legislative authority;21
(b) The decision may be given the effect of an administrative 22
decision appealable within a specified time limit to the legislative 23
authority; or24
(c) Except in the case of a rezone, the decision may be given the 25
effect of a final decision of the legislative authority.26
(3))) (5) Each final decision of a hearing examiner shall be in 27
writing and shall include findings and conclusions, based on the 28
record, to support the decision. Such findings and conclusions shall 29
also set forth the manner in which the decision ((would carry out and 30
conform to the county's comprehensive plan and the county's )) is 31
consistent with the future land use map of adopted comprehensive 32
plans and complies with clear and objective development regulations. 33
Each final decision of a hearing examiner, unless a longer period is 34
mutually agreed to in writing by the applicant and the hearing 35
examiner, shall be rendered within ten working days following 36
conclusion of all testimony and hearings. 37
Sec. 2. RCW 35.63.130 and 1995 c 347 s 423 are each amended to 38
read as follows: 39
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(1) As an alternative to those provisions of this chapter 1
relating to powers or duties of the planning commission to hear and 2
report on any proposal to amend a zoning ordinance, the legislative 3
body of a city or county ((may)) shall adopt a hearing examiner 4
system under which a hearing examiner or hearing examiners ((may)) 5
hear and decide applications for ((amending the zoning ordinance when 6
the amendment which is applied for is not of general applicability. 7
In addition, the legislative body may vest in a hearing examiner the 8
power to hear and decide those issues it believes should be reviewed 9
and decided by a hearing examiner, including but not limited to:10
(a) Applications for conditional uses, variances, subdivisions, 11
shoreline permits, or any other class of applications for or 12
pertaining to development of land or land use;13
(b) Appeals of administrative decisions or determinations; and14
(c) Appeals of administrative decisions or determinations 15
pursuant to chapter 43.21C RCW)) plat approval and for quasi-judicial 16
development permit applications subject to the zoning ordinance.17
(2) The decision of the hearing examiner constitutes the final 18
decision, subject to appeal under chapter 36.70C RCW.19
(3) The legislative body shall adopt procedures to be followed by 20
a hearing examiner ensuring all decisions are consistent with the 21
future land use map of adopted comprehensive plans and comply with 22
clear and objective development regulations. 23
(4) The legislative body shall prescribe procedures to be 24
followed by the hearing examiner. 25
(((2) Each city or county legislative body electing to use a 26
hearing examiner pursuant to this section shall by ordinance specify 27
the legal effect of the decisions made by the examiner. The legal 28
effect of such decisions may vary for the different classes of 29
applications decided by the examiner but shall include one of the 30
following:31
(a) The decision may be given the effect of a recommendation to 32
the legislative body;33
(b) The decision may be given the effect of an administrative 34
decision appealable within a specified time limit to the legislative 35
body; or36
(c) Except in the case of a rezone, the decision may be given the 37
effect of a final decision of the legislative body.38
(3))) (5) Each final decision of a hearing examiner shall be in 39
writing and shall include findings and conclusions, based on the 40
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record, to support the decision. Such findings and conclusions shall 1
also set forth the manner in which the decision would ((carry out and 2
conform to the city's or county's comprehensive plan and the city's 3
or county's )) be consistent with the future land use map of adopted 4
comprehensive plans and complies with clear and objective development 5
regulations. Each final decision of a hearing examiner, unless a 6
longer period is mutually agreed to in writing by the applicant and 7
the hearing examiner, shall be rendered within ten working days 8
following conclusion of all testimony and hearings.9
Sec. 3. RCW 35A.63.170 and 1995 c 347 s 424 are each amended to 10
read as follows: 11
(1) As an alternative to those provisions of this chapter 12
relating to powers or duties of the planning commission to hear and 13
report on any proposal to amend a zoning ordinance, the legislative 14
body of a city ((may)) shall adopt a hearing examiner system under 15
which a hearing examiner or hearing examiners ((may)) hear and decide 16
applications for ((amending)) plat approval and for quasi-judicial 17
development permit applications subject to the zoning ordinance 18
((when the amendment which is applied for is not of general 19
applicability. In addition, the legislative body may vest in a 20
hearing examiner the power to hear and decide those issues it 21
believes should be reviewed and decided by a hearing examiner, 22
including but not limited to:23
(a) Applications for conditional uses, variances, subdivisions, 24
shoreline permits, or any other class of applications for or 25
pertaining to development of land or land use;26
(b) Appeals of administrative decisions or determinations; and27
(c) Appeals of administrative decisions or determinations 28
pursuant to chapter 43.21C RCW)). 29
(2) The decision of the hearing examiner constitutes the final 30
decision, subject to appeal under chapter 36.70C RCW.31
(3) The legislative body shall adopt procedures to be followed by 32
a hearing examiner ensuring all decisions are consistent with the 33
future land use map of adopted comprehensive plans and comply with 34
clear and objective development regulations.35
(4) The legislative body shall prescribe procedures to be 36
followed by a hearing examiner. If the legislative authority vests in 37
a hearing examiner the authority to hear and decide variances, then 38
the provisions of RCW 35A.63.110 shall not apply to the city.39
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(((2) Each city legislative body electing to use a hearing 1
examiner pursuant to this section shall by ordinance specify the 2
legal effect of the decisions made by the examiner. The legal effect 3
of such decisions may vary for the different classes of applications 4
decided by the examiner but shall include one of the following:5
(a) The decision may be given the effect of a recommendation to 6
the legislative body;7
(b) The decision may be given the effect of an administrative 8
decision appealable within a specified time limit to the legislative 9
body; or10
(c) Except in the case of a rezone, the decision may be given the 11
effect of a final decision of the legislative body.12
(3))) (5) Each final decision of a hearing examiner shall be in 13
writing and shall include findings and conclusions, based on the 14
record, to support the decision. Such findings and conclusions shall 15
also set forth the manner in which the decision would ((carry out and 16
conform to)) be consistent with the future land use map of the city's 17
comprehensive plan and the city's clear and objective development 18
regulations. Each final decision of a hearing examiner, unless a 19
longer period is mutually agreed to in writing by the applicant and 20
the hearing examiner, shall be rendered within ten working days 21
following conclusion of all testimony and hearings.22
Sec. 4. RCW 58.17.330 and 1995 c 347 s 429 are each amended to 23
read as follows: 24
(1) As an alternative to those provisions of this chapter 25
requiring a planning commission to hear and issue recommendations for 26
plat approval, the county or city legislative body ((may)) shall 27
adopt a hearing examiner system ((and shall specify by ordinance the 28
legal effect of the decisions made by the examiner. The legal effect 29
of such decisions shall include one of the following:30
(a) The decision may be given the effect of a recommendation to 31
the legislative body;32
(b) The decision may be given the effect of an administrative 33
decision appealable within a specified time limit to the legislative 34
body; or35
(c) The decision may be given the effect of a final decision of 36
the legislative body. )) for all quasi-judicial land use decisions 37
including, but not limited to, preliminary plats, planned unit 38
developments, variances, and conditional use approvals.39
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(2) The decision of the hearing examiner constitutes the final 1
decision on all quasi-judicial permit applications including, but not 2
limited to, preliminary plat, planned unit development, variance, and 3
conditional use applications, subject to appeal under chapter 36.70C 4
RCW.5
(3) The legislative body shall adopt procedures to be followed by 6
a hearing examiner ensuring all decisions are consistent with the 7
future land use map of adopted comprehensive plans and comply with 8
clear and objective development regulations.9
(4) The legislative authority shall prescribe procedures to be 10
followed by a hearing examiner. 11
(((2))) (5) Each final decision of a hearing examiner shall be in 12
writing and shall include findings and conclusions, based on the 13
record, to support the decision. Each final decision of a hearing 14
examiner, unless a longer period is mutually agreed to by the 15
applicant and the hearing examiner, shall be rendered within ten 16
working days following conclusion of all testimony and hearings.17
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