reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70 - Planning Enabling Act. › 36.70.810 - Board of adjustment—Authority.

RCW 36.70.810
Board of adjustment—Authority.
The board of adjustment, subject to appropriate conditions and safeguards as provided by the zoning ordinance or the ordinance establishing the board of adjustment, if there be such, shall hear and decide:
(1) Applications for conditional uses or other permits when the zoning ordinance sets forth the specific uses to be made subject to conditional use permits and establishes criteria for determining the conditions to be imposed;
(2) Application for variances from the terms of the zoning ordinance: PROVIDED, That any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which subject property is situated, and that the following circumstances are found to apply;
(a) because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive subject property of rights and privileges enjoyed by other properties in the vicinity and under identical zone classification;
(b) that the granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which subject property is situated.
(3) Appeals, where it is alleged by the applicant that there is error in any order, requirement, permit, decision, or determination made by an administrative official in the administration or enforcement of this chapter or any ordinance adopted pursuant to it.
[ 1963 c 4 § 36.70.810. Prior: 1959 c 201 § 81.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70 - Planning Enabling Act. › 36.70.820 - Board of adjustment—Quasi-judicial powers.

RCW 36.70.820
Board of adjustment—Quasi-judicial powers.
The board of adjustment may also exercise such other quasi-judicial powers as may be granted by county ordinance.
[ 1963 c 4 § 36.70.820. Prior: 1959 c 201 § 82.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70 - Planning Enabling Act. › 36.70.830 - Board of adjustment—Appeals—Time limit.

RCW 36.70.830
Board of adjustment—Appeals—Time limit.
Appeals may be taken to the board of adjustment by any person aggrieved, or by any officer, department, board or bureau of the county affected by any decision of an administrative official. Such appeals shall be filed in writing in duplicate with the board of adjustment within twenty days of the date of the action being appealed.
[ 1963 c 4 § 36.70.830. Prior: 1959 c 201 § 83.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70 - Planning Enabling Act. › 36.70.840 - Board of adjustment—Notice of time and place of hearing on conditional permit.

RCW 36.70.840
Board of adjustment—Notice of time and place of hearing on conditional permit.
Upon the filing of an application for a conditional use permit or a variance as set forth in RCW 36.70.810, the board of adjustment shall set the time and place for a public hearing on such matter, and written notice thereof shall be addressed through the United States mail to all property owners of record within a radius of three hundred feet of the exterior boundaries of subject property. The written notice shall be mailed not less than twelve days prior to the hearing.
[ 1963 c 4 § 36.70.840. Prior: 1959 c 201 § 84.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70 - Planning Enabling Act. › 36.70.850 - Board of adjustment—Appeal—Notice of time and place.

RCW 36.70.850
Board of adjustment—Appeal—Notice of time and place.
Upon the filing of an appeal from an administrative determination, or from the action of the zoning adjustor, the board of adjustment shall set the time and place at which the matter will be considered. At least a ten day notice of such time and place together with one copy of the written appeal, shall be given to the official whose decision is being appealed. At least ten days notice of the time and place shall also be given to the adverse parties of record in the case. The officer from whom the appeal is being taken shall forthwith transmit to the board of adjustment all of the records pertaining to the decision being appealed from, together with such additional written report as he or she deems pertinent.
[ 2009 c 549 § 4119; 1963 c 4 § 36.70.850. Prior: 1959 c 201 § 85.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70 - Planning Enabling Act. › 36.70.860 - Board of adjustment—Scope of authority on appeal.

RCW 36.70.860
Board of adjustment—Scope of authority on appeal.
In exercising the powers granted by RCW 36.70.810 and 36.70.820, the board of adjustment may, in conformity with this chapter, reverse or affirm, wholly or in part, or may modify the order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as should be made and, to that end, shall have all the powers of the officer from whom the appeal is taken, insofar as the decision on the particular issue is concerned.
[ 1963 c 4 § 36.70.860. Prior: 1959 c 201 § 86.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70 - Planning Enabling Act. › 36.70.870 - Zoning adjustor—Powers and duties.

RCW 36.70.870
Zoning adjustor—Powers and duties.
If the office of zoning adjustor is established as provided in this chapter, all of the provisions of this chapter defining the powers, duties, and procedures of the board of adjustment shall also apply to the zoning adjustor.
[ 1963 c 4 § 36.70.870. Prior: 1959 c 201 § 87.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70 - Planning Enabling Act. › 36.70.880 - Zoning adjustor—Action final unless appealed.

RCW 36.70.880
Zoning adjustor—Action final unless appealed.
The action by the zoning adjustor on all matters coming before him or her shall be final and conclusive unless within ten days after the zoning adjustor has made his or her order, requirement, decision or determination, an appeal in writing is filed with the board of adjustment. Such an appeal may be taken by the original applicant, or by opponents of record in the case.
[ 2009 c 549 § 4120; 1963 c 4 § 36.70.880. Prior: 1959 c 201 § 88.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70 - Planning Enabling Act. › 36.70.890 - Board of adjustment—Action final—Writs.

RCW 36.70.890
Board of adjustment—Action final—Writs.
The action by the board of adjustment on an application for a conditional use permit or a variance, or on an appeal from the decision of the zoning adjustor or an administrative officer shall be final and conclusive unless within ten days from the date of said action the original applicant or an adverse party makes application to a court of competent jurisdiction for a writ of certiorari, a writ of prohibition or a writ of mandamus.
[ 1963 c 4 § 36.70.890. Prior: 1959 c 201 § 89.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70 - Planning Enabling Act. › 36.70.900 - Inclusion of findings of fact.

RCW 36.70.900
Inclusion of findings of fact.
Both the board of adjustment and the zoning adjustor shall, in making an order, requirement, decision or determination, include in a written record of the case the findings of fact upon which the action is based.
[ 1963 c 4 § 36.70.900. Prior: 1959 c 201 § 90.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70 - Planning Enabling Act. › 36.70.910 - Short title.

RCW 36.70.910
Short title.
This chapter shall be known as the "Planning Enabling Act of the State of Washington".
[ 1963 c 4 § 36.70.910. Prior: 1959 c 201 § 91.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70 - Planning Enabling Act. › 36.70.920 - Duties and responsibilities imposed by other acts.

RCW 36.70.920
Duties and responsibilities imposed by other acts.
Any duties and responsibilities which by other acts are imposed upon a planning commission shall, after June 10, 1959, be performed by a planning agency however constituted.
[ 1963 c 4 § 36.70.920. Prior: 1959 c 201 § 92.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70 - Planning Enabling Act. › 36.70.930 - Chapter alternative method.

RCW 36.70.930
Chapter alternative method.
This chapter shall not repeal, amend, or modify any other law providing for planning methods but shall be deemed an alternative method providing for such purpose.
[ 1963 c 4 § 36.70.930. Prior: 1959 c 201 § 93.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70 - Planning Enabling Act. › 36.70.940 - Elective adoption.

RCW 36.70.940
Elective adoption.
Any county or counties presently operating under the provisions of chapter 35.63 RCW may elect to operate henceforth under the provisions of this chapter. Such election shall be effected by the adoption of an ordinance under the procedure prescribed by RCW 36.32.120(7), and by compliance with the provisions of this chapter.
[ 1963 c 4 § 36.70.940. Prior: 1959 c 201 § 94.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70 - Planning Enabling Act. › 36.70.970 - Hearing examiner system—Adoption authorized—Alternative—Functions—Procedures.

RCW 36.70.970
Hearing examiner system—Adoption authorized—Alternative—Functions—Procedures.
(1) As an alternative to those provisions of this chapter relating to powers or duties of the planning commission to hear and issue recommendations on applications for plat approval and applications for amendments to the zoning ordinance, the county legislative authority may adopt a hearing examiner system under which a hearing examiner or hearing examiners may hear and issue decisions on proposals for plat approval and for amendments to the zoning ordinance when the amendment which is applied for is not of general applicability. In addition, the legislative authority may vest in a hearing examiner the power to hear and decide those issues it believes should be reviewed and decided by a hearing examiner, including but not limited to:
(a) Applications for conditional uses, variances, shoreline permits, or any other class of applications for or pertaining to development of land or land use;
(b) Appeals of administrative decisions or determinations; and
(c) Appeals of administrative decisions or determinations pursuant to chapter 43.21C RCW.
The legislative authority shall prescribe procedures to be followed by a hearing examiner.
Any county which vests in a hearing examiner the authority to hear and decide conditional uses and variances shall not be required to have a zoning adjuster or board of adjustment.
(2) Each county legislative authority electing to use a hearing examiner pursuant to this section shall by ordinance specify the legal effect of the decisions made by the examiner. Such legal effect may vary for the different classes of applications decided by the examiner but shall include one of the following:
(a) The decision may be given the effect of a recommendation to the legislative authority;
(b) The decision may be given the effect of an administrative decision appealable within a specified time limit to the legislative authority; or
(c) Except in the case of a rezone, the decision may be given the effect of a final decision of the legislative authority.
(3) Each final decision of a hearing examiner shall be in writing and shall include findings and conclusions, based on the record, to support the decision. Such findings and conclusions shall also set forth the manner in which the decision would carry out and conform to the county's comprehensive plan and the county's development regulations. Each final decision of a hearing examiner, unless a longer period is mutually agreed to in writing by the applicant and the hearing examiner, shall be rendered within ten working days following conclusion of all testimony and hearings.
[ 1995 c 347 § 425; 1994 c 257 § 9; 1977 ex.s. c 213 § 3.]
NOTES:
Finding—Severability—Part headings and table of contents not law—1995 c 347: See notes following RCW 36.70A.470.
Severability—1994 c 257: See note following RCW 36.70A.270.
Severability—1977 ex.s. c 213: See note following RCW 35.63.130.
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70 - Planning Enabling Act. › 36.70.980 - Conformance with chapter 43.97 RCW required.

RCW 36.70.980
Conformance with chapter 43.97 RCW required.
With respect to the National Scenic Area, as defined in the Columbia River Gorge National Scenic Area Act, P.L. 99-663, the exercise of any power or authority by a county or city pursuant to this chapter shall be subject to and in conformity with the requirements of chapter 43.97 RCW, including the Interstate Compact adopted by RCW 43.97.015, and with the management plan regulations and ordinances adopted by the Columbia River Gorge commission pursuant to the Compact.
[ 1987 c 499 § 9.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70 - Planning Enabling Act. › 36.70.982 - Fish enhancement projects—County's liability.

RCW 36.70.982
Fish enhancement projects—County's liability.
A county is not liable for adverse impacts resulting from a fish enhancement project that meets the criteria of RCW 77.55.181 and has been permitted by the department of fish and wildlife.
[ 2014 c 120 § 13; 2003 c 39 § 19; 1998 c 249 § 8.]
NOTES:
Findings—Purpose—Report—Effective date—1998 c 249: See notes following RCW 77.55.181.
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70 - Planning Enabling Act. › 36.70.990 - Treatment of residential structures occupied by persons with handicaps.

RCW 36.70.990
Treatment of residential structures occupied by persons with handicaps.
No county may enact or maintain an ordinance, development regulation, zoning regulation or official control, policy, or administrative practice which treats a residential structure occupied by persons with handicaps differently than a similar residential structure occupied by a family or other unrelated individuals. As used in this section, "handicaps" are as defined in the federal fair housing amendments act of 1988 (42 U.S.C. Sec. 3602).
[ 1993 c 478 § 22.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70 - Planning Enabling Act. › 36.70.992 - Watershed restoration projects—Permit processing—Fish habitat enhancement project.

RCW 36.70.992
Watershed restoration projects—Permit processing—Fish habitat enhancement project.
(1) A permit required under this chapter for a watershed restoration project as defined in RCW 89.08.460 shall be processed in compliance with RCW 89.08.450 through 89.08.510.
(2) A fish habitat enhancement project meeting the criteria of RCW 77.55.181 shall be reviewed and approved according to the provisions of RCW 77.55.181.
[ 2014 c 120 § 14; 2003 c 39 § 20; 1998 c 249 § 7; 1995 c 378 § 10.]
NOTES:
Findings—Purpose—Report—Effective date—1998 c 249: See notes following RCW 77.55.181.
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70A - Growth Management—Planning by Selected Counties and Cities. › 36.70A.010 - Legislative findings.

RCW 36.70A.010
Legislative findings.
The legislature finds that uncoordinated and unplanned growth, together with a lack of common goals expressing the public's interest in the conservation and the wise use of our lands, pose a threat to the environment, sustainable economic development, and the health, safety, and high quality of life enjoyed by residents of this state. It is in the public interest that citizens, communities, local governments, and the private sector cooperate and coordinate with one another in comprehensive land use planning. Further, the legislature finds that it is in the public interest that economic development programs be shared with communities experiencing insufficient economic growth.
[ 1990 1st ex.s. c 17 § 1.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70A - Growth Management—Planning by Selected Counties and Cities. › 36.70A.011 - Findings—Rural lands.

RCW 36.70A.011
Findings—Rural lands.
The legislature finds that this chapter is intended to recognize the importance of rural lands and rural character to Washington's economy, its people, and its environment, while respecting regional differences. Rural lands and rural-based economies enhance the economic desirability of the state, help to preserve traditional economic activities, and contribute to the state's overall quality of life.
The legislature finds that to retain and enhance the job base in rural areas, rural counties must have flexibility to create opportunities for business development. Further, the legislature finds that rural counties must have the flexibility to retain existing businesses and allow them to expand. The legislature recognizes that not all business developments in rural counties require an urban level of services; and that many businesses in rural areas fit within the definition of rural character identified by the local planning unit.
Finally, the legislature finds that in defining its rural element under RCW 36.70A.070(5), a county should foster land use patterns and develop a local vision of rural character that will: Help preserve rural-based economies and traditional rural lifestyles; encourage the economic prosperity of rural residents; foster opportunities for small-scale, rural-based employment and self-employment; permit the operation of rural-based agricultural, commercial, recreational, and tourist businesses that are consistent with existing and planned land use patterns; be compatible with the use of the land by wildlife and for fish and wildlife habitat; foster the private stewardship of the land and preservation of open space; and enhance the rural sense of community and quality of life.
[ 2002 c 212 § 1.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70A - Growth Management—Planning by Selected Counties and Cities. › 36.70A.035 - Public participation—Notice provisions.

RCW 36.70A.035
Public participation—Notice provisions.
(1) The public participation requirements of this chapter shall include notice procedures that are reasonably calculated to provide notice to property owners and other affected and interested individuals, tribes, government agencies, businesses, school districts, group A public water systems required to develop water system plans consistent with state board of health rules adopted under RCW 43.20.050, and organizations of proposed amendments to comprehensive plans and development regulation. Examples of reasonable notice provisions include:
(a) Posting the property for site-specific proposals;
(b) Publishing notice in a newspaper of general circulation in the county, city, or general area where the proposal is located or that will be affected by the proposal;
(c) Notifying public or private groups with known interest in a certain proposal or in the type of proposal being considered;
(d) Placing notices in appropriate regional, neighborhood, ethnic, or trade journals; and
(e) Publishing notice in agency newsletters or sending notice to agency mailing lists, including general lists or lists for specific proposals or subject areas.
(2)(a) Except as otherwise provided in (b) of this subsection, if the legislative body for a county or city chooses to consider a change to an amendment to a comprehensive plan or development regulation, and the change is proposed after the opportunity for review and comment has passed under the county's or city's procedures, an opportunity for review and comment on the proposed change shall be provided before the local legislative body votes on the proposed change.
(b) An additional opportunity for public review and comment is not required under (a) of this subsection if:
(i) An environmental impact statement has been prepared under chapter 43.21C RCW for the pending resolution or ordinance and the proposed change is within the range of alternatives considered in the environmental impact statement;
(ii) The proposed change is within the scope of the alternatives available for public comment;
(iii) The proposed change only corrects typographical errors, corrects cross-references, makes address or name changes, or clarifies language of a proposed ordinance or resolution without changing its effect;
(iv) The proposed change is to a resolution or ordinance making a capital budget decision as provided in RCW 36.70A.120; or
(v) The proposed change is to a resolution or ordinance enacting a moratorium or interim control adopted under RCW 36.70A.390.
(3) This section is prospective in effect and does not apply to a comprehensive plan, development regulation, or amendment adopted before July 27, 1997.
[ 2015 c 25 § 1; 1999 c 315 § 708; 1997 c 429 § 9.]
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.
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70A - Growth Management—Planning by Selected Counties and Cities. › 36.70A.045 - Phasing of comprehensive plan submittal.

RCW 36.70A.045
Phasing of comprehensive plan submittal.
The department may adopt a schedule to permit phasing of comprehensive plan submittal for counties and cities planning under RCW 36.70A.040. This schedule shall not permit a comprehensive plan to be submitted greater than one hundred eighty days past the date that the plan was required to be submitted and shall be used to facilitate expeditious review and interjurisdictional coordination of comprehensive plans and development regulations.
[ 1991 sp.s. c 32 § 15.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70A - Growth Management—Planning by Selected Counties and Cities. › 36.70A.050 - Guidelines to classify agriculture, forest, and mineral lands and critical areas.

RCW 36.70A.050
Guidelines to classify agriculture, forest, and mineral lands and critical areas.
(1) Subject to the definitions provided in RCW 36.70A.030, the department shall adopt guidelines, under chapter 34.05 RCW, no later than September 1, 1990, to guide the classification of: (a) Agricultural lands; (b) forestlands; (c) mineral resource lands; and (d) critical areas. The department shall consult with the department of agriculture regarding guidelines for agricultural lands, the department of natural resources regarding forestlands and mineral resource lands, and the department of ecology regarding critical areas.
(2) In carrying out its duties under this section, the department shall consult with interested parties, including but not limited to: (a) Representatives of cities; (b) representatives of counties; (c) representatives of developers; (d) representatives of builders; (e) representatives of owners of agricultural lands, forestlands, and mining lands; (f) representatives of local economic development officials; (g) representatives of environmental organizations; (h) representatives of special districts; (i) representatives of the governor's office and federal and state agencies; and (j) representatives of Indian tribes. In addition to the consultation required under this subsection, the department shall conduct public hearings in the various regions of the state. The department shall consider the public input obtained at such public hearings when adopting the guidelines.
(3) The guidelines under subsection (1) of this section shall be minimum guidelines that apply to all jurisdictions, but also shall allow for regional differences that exist in Washington state. The intent of these guidelines is to assist counties and cities in designating the classification of agricultural lands, forestlands, mineral resource lands, and critical areas under RCW 36.70A.170.
(4) The guidelines established by the department under this section regarding classification of forestlands shall not be inconsistent with guidelines adopted by the department of natural resources.
[ 1990 1st ex.s. c 17 § 5.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70A - Growth Management—Planning by Selected Counties and Cities. › 36.70A.067 - Effective date—Certain actions under RCW 36.70A.070, 36.70A.110, 36.70A.350, and 36.70A.360.

RCW 36.70A.067
Effective date—Certain actions under RCW 36.70A.070, 36.70A.110, 36.70A.350, and 36.70A.360.
The initial effective date of an action that expands an urban growth area designated under RCW 36.70A.110, removes the designation of agricultural, forest, or mineral resource lands designated under RCW 36.70A.170, creates or expands a limited area of more intensive rural development designated under RCW 36.70A.070(5)(d), establishes a new fully contained community under RCW 36.70A.350, or creates or expands a master planned resort designated under RCW 36.70A.360, is after the latest of the following dates:
(1) 60 days after the date of publication of notice of adoption of the comprehensive plan, development regulation, or amendment to the plan or regulation, implementing the action, as provided in RCW 36.70A.290(2); or
(2) If a petition for review to the growth management hearings board is timely filed, upon issuance of the board's final order.
[ 2022 c 218 § 2.]
NOTES:
Findings—Intent—2022 c 218: "The legislature finds that climate change is one of the greatest challenges facing our state and the world today, an existential crisis with major negative impacts on environmental and human health. The legislature further finds that compact and responsibly planned development of residential and public facilities, intended under the growth management act, mitigates climate change through the efficient use of energy resources and the corresponding decrease in greenhouse gas production. This dense development and the concentration of growth in urban areas also prevents sprawl, lessening development's impact on natural resources, ecosystems, and habitats.
The legislature also finds that current legal frameworks work against the act's goal of responsibly planned for growth by prematurely allowing development rights to vest before the validity of plans and regulations can be determined. This flawed process has led to the approval of development that has decreased resource lands and placed a strain on local infrastructure services. Furthermore, it makes it extremely difficult for local jurisdictions to come back into compliance with state laws and leaves citizens with no real remedy to undo these planning violations.
Therefore, the legislature intends to set the effective date of these impactful planning actions to a time that will allow for the thorough review of growth planning decisions intended under the act." [ 2022 c 218 § 1.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70A - Growth Management—Planning by Selected Counties and Cities. › 36.70A.080 - Comprehensive plans—Optional elements.

RCW 36.70A.080
Comprehensive plans—Optional elements.
(1) A comprehensive plan may include additional elements, items, or studies dealing with other subjects relating to the physical development within its jurisdiction, including, but not limited to:
(a) Conservation;
(b) Solar energy; and
(c) Recreation.
(2) A comprehensive plan may include, where appropriate, subarea plans, each of which is consistent with the comprehensive plan.
(3)(a) Cities that qualify as a receiving city may adopt a comprehensive plan element and associated development regulations that apply within receiving areas under chapter 39.108 RCW.
(b) For purposes of this subsection, the terms "receiving city" and "receiving area" have the same meanings as provided in RCW 39.108.010.
[ 2011 c 318 § 801; 1990 1st ex.s. c 17 § 8.]
NOTES:
Rules—2011 c 318: See note following RCW 39.108.005.
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70A - Growth Management—Planning by Selected Counties and Cities. › 36.70A.090 - Comprehensive plans—Innovative techniques.

RCW 36.70A.090
Comprehensive plans—Innovative techniques.
A comprehensive plan should provide for innovative land use management techniques, including, but not limited to, density bonuses, cluster housing, planned unit developments, and the transfer of development rights.
[ 1990 1st ex.s. c 17 § 9.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70A - Growth Management—Planning by Selected Counties and Cities. › 36.70A.095 - Comprehensive plans—Climate change and resiliency element—Affected counties.

RCW 36.70A.095
Comprehensive plans—Climate change and resiliency element—Affected counties.
(1) The requirements of the greenhouse gas emissions reduction subelement of the climate change and resiliency element set forth in RCW 36.70A.070 apply only to those counties that are required or that choose to plan under RCW 36.70A.040 and that also meet either of the criteria set forth in (a), (b), or (c) of this subsection on or after April 1, 2021, and the cities with populations greater than 6,000 as of April 1, 2021, within those counties:
(a) A county with a population density of at least 100 people per square mile and a population of at least 200,000;
(b) A county bordering on the Columbia and Snake rivers with a population density of at least 75 people per square mile and an annual growth rate of at least 1.65 percent; or
(c) A county located to the west of the crest of the Cascade mountains with a population of at least 130,000.
(2) The requirements of the amendments to the transportation element of RCW 36.70A.070 set forth in chapter 228, Laws of 2023 apply only to: (a) Counties and cities that meet the population criteria set forth in subsection (1) of this section; and (b) cities with populations of 6,000 or greater as of April 1, 2021, that are located in a county that is required or that chooses to plan under RCW 36.70A.040.
(3) The requirements of the amendments to the land use element of RCW 36.70A.070 set forth in chapter 228, Laws of 2023 apply only to: (a) Counties and cities that meet the population criteria set forth in subsection (1) or (2) of this section; and (b) counties that have a population of 20,000 or greater as of April 1, 2021, and that are required or that choose to plan under RCW 36.70A.040.
(4) Once a county meets either of the sets of criteria set forth in subsection (1) of this section, the requirement to conform with the greenhouse gas emissions reduction subelement of the climate change and resiliency element set forth in RCW 36.70A.070 remains in effect, even if the county no longer meets one of these sets of criteria.
(5) If the population of a county that previously had not been required to conform with the greenhouse gas emissions reduction subelement of the climate change and resiliency element set forth in RCW 36.70A.070 changes sufficiently to meet either of the sets of criteria set forth in subsection (1) of this section, the county, and the cities with populations greater than 6,000 as of April 1, 2021, within that county, shall adopt a greenhouse gas emissions reduction subelement of the climate change and resiliency element set forth in RCW 36.70A.070 at the next scheduled update of the comprehensive plan as set forth in RCW 36.70A.130.
(6) The population criteria used in this section must be based on population data as determined by the office of financial management.
[ 2023 c 228 § 4.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70A - Growth Management—Planning by Selected Counties and Cities. › 36.70A.097 - Climate change and resiliency planning timeline—Funding.

RCW 36.70A.097
Climate change and resiliency planning timeline—Funding. (Expires July 31, 2025.)
(1) Notwithstanding the requirements of RCW 36.70A.070(10), it is the intent that jurisdictions subject to RCW 36.70A.130(5)(b) implement the requirements of chapter 228, Laws of 2023 on or before June 30, 2025. Any funding provided to cover applicable local government costs related to implementation of chapter 228, Laws of 2023 shall be considered timely.
(2) This section expires July 31, 2025.
[ 2023 c 228 § 16.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70A - Growth Management—Planning by Selected Counties and Cities. › 36.70A.100 - Comprehensive plans—Must be coordinated.

RCW 36.70A.100
Comprehensive plans—Must be coordinated.
The comprehensive plan of each county or city that is adopted pursuant to RCW 36.70A.040 shall be coordinated with, and consistent with, the comprehensive plans adopted pursuant to RCW 36.70A.040 of other counties or cities with which the county or city has, in part, common borders or related regional issues.
[ 1990 1st ex.s. c 17 § 10.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70A - Growth Management—Planning by Selected Counties and Cities. › 36.70A.103 - State agencies required to comply with comprehensive plans.

RCW 36.70A.103
State agencies required to comply with comprehensive plans.
State agencies shall comply with the local comprehensive plans and development regulations and amendments thereto adopted pursuant to this chapter except as otherwise provided in RCW 71.09.250 (1) through (3), 71.09.342, and 72.09.333.
The provisions of chapter 12, Laws of 2001 2nd sp. sess. do not affect the state's authority to site any other essential public facility under RCW 36.70A.200 in conformance with local comprehensive plans and development regulations adopted pursuant to chapter 36.70A RCW.
[ 2002 c 68 § 15; 2001 2nd sp.s. c 12 § 203; 1991 sp.s. c 32 § 4.]
NOTES:
Purpose—Severability—Effective date—2002 c 68: See notes following RCW 36.70A.200.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See notes following RCW 71.09.250.
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70A - Growth Management—Planning by Selected Counties and Cities. › 36.70A.106 - Comprehensive plans—Development regulations—Transmittal to state—Amendments—Expedited review.

RCW 36.70A.106
Comprehensive plans—Development regulations—Transmittal to state—Amendments—Expedited review.
(1) Each county and city proposing adoption of a comprehensive plan or development regulations under this chapter shall notify the department of its intent to adopt such plan or regulations at least sixty days prior to final adoption. State agencies including the department may provide comments to the county or city on the proposed comprehensive plan, or proposed development regulations, during the public review process prior to adoption.
(2) Each county and city planning under this chapter shall transmit a complete and accurate copy of its comprehensive plan or development regulations to the department within ten days after final adoption.
(3)(a) Any amendments for permanent changes to a comprehensive plan or development regulation that are proposed by a county or city to its adopted plan or regulations shall be submitted to the department in the same manner as initial plans and development regulations under this section. Any amendments to a comprehensive plan or development regulations that are adopted by a county or city shall be transmitted to the department in the same manner as the initial plans and regulations under this section.
(b) Each county and city planning under this chapter may request expedited review for any amendments for permanent changes to a development regulation. Upon receiving a request for expedited review, and after consultation with other state agencies, the department may grant expedited review if the department determines that expedited review does not compromise the state's ability to provide timely comments related to compliance with the goals and requirements of this chapter or on other matters of state interest. Cities and counties may adopt amendments for permanent changes to a development regulation immediately following the granting of the request for expedited review by the department.
(c) A federally recognized Indian tribe may request to receive from the department copies of notices received from cities or counties under this section. Upon receipt of a submittal from a city or county under this section, the department shall forward the submittal to any tribe that has requested notification.
[ 2022 c 252 § 3; 2004 c 197 § 1; 1991 sp.s. c 32 § 8.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70A - Growth Management—Planning by Selected Counties and Cities. › 36.70A.108 - Comprehensive plans—Transportation element—Multimodal transportation improvements and strategies.

RCW 36.70A.108
Comprehensive plans—Transportation element—Multimodal transportation improvements and strategies.
(1) The transportation element required by RCW 36.70A.070 may include, in addition to improvements or strategies to accommodate the impacts of development authorized under RCW 36.70A.070(6)(b), multimodal transportation improvements or strategies that are made concurrent with the development. These transportation improvements or strategies may include, but are not limited to, measures implementing or evaluating:
(a) Multiple modes of transportation with peak and nonpeak hour capacity performance standards for locally owned transportation facilities; and
(b) Modal performance standards meeting the peak and nonpeak hour capacity performance standards.
(2) Any county located to the west of the crest of the Cascade mountains that has both a population of at least four hundred thousand and a border that touches another state, and any city in such county, may include development of freight rail dependent uses on land adjacent to a short line railroad in the transportation element required by RCW 36.70A.070. Such counties and cities may also modify development regulations to include development of freight rail dependent uses that do not require urban governmental services in rural lands.
(3) Nothing in this section or RCW 36.70A.070(6)(b) shall be construed as prohibiting a county or city planning under RCW 36.70A.040 from exercising existing authority to develop multimodal improvements or strategies to satisfy the concurrency requirements of this chapter.
(4) Nothing in this section is intended to affect or otherwise modify the authority of jurisdictions planning under RCW 36.70A.040.
[ 2017 3rd sp.s. c 18 § 5; 2005 c 328 § 1.]
NOTES:
Finding—2017 3rd sp.s. c 18: See note following RCW 36.70A.030.
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70A - Growth Management—Planning by Selected Counties and Cities. › 36.70A.115 - Comprehensive plans and development regulations must provide sufficient land capacity for development.

RCW 36.70A.115
Comprehensive plans and development regulations must provide sufficient land capacity for development.
(1) Counties and cities that are required or choose to plan under RCW 36.70A.040 shall ensure that, taken collectively, adoption of and amendments to their comprehensive plans and/or development regulations provide sufficient capacity of land suitable for development within their jurisdictions to accommodate their allocated housing and employment growth, including the accommodation of, as appropriate, the medical, governmental, educational, institutional, commercial, and industrial facilities related to such growth, as adopted in the applicable countywide planning policies and consistent with the twenty-year population forecast from the office of financial management.
(2) This analysis shall include the reasonable measures findings developed under RCW 36.70A.215, if applicable to such counties and cities.
[ 2017 3rd sp.s. c 16 § 1; 2009 c 121 § 3; 2003 c 333 § 1.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70A - Growth Management—Planning by Selected Counties and Cities. › 36.70A.120 - Planning activities and capital budget decisions—Implementation in conformity with comprehensive plan.

RCW 36.70A.120
Planning activities and capital budget decisions—Implementation in conformity with comprehensive plan.
Each county and city that is required or chooses to plan under RCW 36.70A.040 shall perform its activities and make capital budget decisions in conformity with its comprehensive plan.
[ 1993 sp.s. c 6 § 3; 1990 1st ex.s. c 17 § 12.]
NOTES:
Effective date—1993 sp.s. c 6: See note following RCW 36.70A.040.
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70A - Growth Management—Planning by Selected Counties and Cities. › 36.70A.131 - Mineral resource lands—Review of related designations and development regulations.

RCW 36.70A.131
Mineral resource lands—Review of related designations and development regulations.
As part of the review required by RCW 36.70A.130(1), a county or city shall review its mineral resource lands designations adopted pursuant to RCW 36.70A.170 and mineral resource lands development regulations adopted pursuant to RCW 36.70A.040 and 36.70A.060. In its review, the county or city shall take into consideration:
(1) New information made available since the adoption or last review of its designations or development regulations, including data available from the department of natural resources relating to mineral resource deposits; and
(2) New or modified model development regulations for mineral resource lands prepared by the department of natural resources, the department of commerce, or the Washington state association of counties.
[ 2023 c 470 § 2019; 1998 c 286 § 7.]
NOTES:
Explanatory statement—2023 c 470: See note following RCW 10.99.030.
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70A - Growth Management—Planning by Selected Counties and Cities. › 36.70A.140 - Comprehensive plans—Ensure public participation.

RCW 36.70A.140
Comprehensive plans—Ensure public participation.
Each county and city that is required or chooses to plan under RCW 36.70A.040 shall establish and broadly disseminate to the public a public participation program identifying procedures providing for early and continuous public participation in the development and amendment of comprehensive land use plans and development regulations implementing such plans. The procedures shall provide for broad dissemination of proposals and alternatives, opportunity for written comments, public meetings after effective notice, provision for open discussion, communication programs, information services, and consideration of and response to public comments. In enacting legislation in response to the board's decision pursuant to RCW 36.70A.300 declaring part or all of a comprehensive plan or development regulation invalid, the county or city shall provide for public participation that is appropriate and effective under the circumstances presented by the board's order. Errors in exact compliance with the established program and procedures shall not render the comprehensive land use plan or development regulations invalid if the spirit of the program and procedures is observed.
[ 1995 c 347 § 107; 1990 1st ex.s. c 17 § 14.]
NOTES:
Finding—Severability—Part headings and table of contents not law—1995 c 347: See notes following RCW 36.70A.470.
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70A - Growth Management—Planning by Selected Counties and Cities. › 36.70A.142 - Comprehensive plans—Siting of organic materials management facilities.

RCW 36.70A.142
Comprehensive plans—Siting of organic materials management facilities.
Development regulations to implement comprehensive plans under this chapter that are newly developed, updated, or amended after January 1, 2025, must allow for the siting of organic materials management facilities in the areas identified in RCW 70A.205.040(3)(a)(i) to the extent necessary to provide for the establishment of the organic materials management volumetric capacity identified under RCW 70A.205.040(3)(a)(ii).
[ 2022 c 180 § 602.]
NOTES:
Findings—Intent—Scope of authority of chapter 180, Laws of 2022—2022 c 180: See notes following RCW 70A.205.007.
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70A - Growth Management—Planning by Selected Counties and Cities. › 36.70A.150 - Identification of lands useful for public purposes.

RCW 36.70A.150
Identification of lands useful for public purposes.
Each county and city that is required or chooses to prepare a comprehensive land use plan under RCW 36.70A.040 shall identify lands useful for public purposes such as utility corridors, transportation corridors, landfills, sewage treatment facilities, stormwater management facilities, recreation, schools, and other public uses. The county shall work with the state and the cities within its borders to identify areas of shared need for public facilities. The jurisdictions within the county shall prepare a prioritized list of lands necessary for the identified public uses including an estimated date by which the acquisition will be needed.
The respective capital acquisition budgets for each jurisdiction shall reflect the jointly agreed upon priorities and time schedule.
[ 1991 c 322 § 23; 1990 1st ex.s. c 17 § 15.]
NOTES:
Findings—Intent—1991 c 322: See notes following RCW 86.12.200.
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70A - Growth Management—Planning by Selected Counties and Cities. › 36.70A.160 - Identification of open space corridors—Purchase authorized.

RCW 36.70A.160
Identification of open space corridors—Purchase authorized.
Each county and city that is required or chooses to prepare a comprehensive land use plan under RCW 36.70A.040 shall identify open space corridors within and between urban growth areas. They shall include lands useful for recreation, wildlife habitat, trails, and connection of critical areas as defined in RCW 36.70A.030. Identification of a corridor under this section by a county or city shall not restrict the use or management of lands within the corridor for agricultural or forest purposes. Restrictions on the use or management of such lands for agricultural or forest purposes imposed after identification solely to maintain or enhance the value of such lands as a corridor may occur only if the county or city acquires sufficient interest to prevent development of the lands or to control the resource development of the lands. The requirement for acquisition of sufficient interest does not include those corridors regulated by the interstate commerce commission, under provisions of 16 U.S.C. Sec. 1247(d), 16 U.S.C. Sec. 1248, or 43 U.S.C. Sec. 912. Nothing in this section shall be interpreted to alter the authority of the state, or a county or city, to regulate land use activities.
The city or county may acquire by donation or purchase the fee simple or lesser interests in these open space corridors using funds authorized by RCW 84.34.230 or other sources.
[ 1992 c 227 § 1; 1990 1st ex.s. c 17 § 16.]
2023 Revised Code of Washington › Title 36 - Counties › Chapter 36.70A - Growth Management—Planning by Selected Counties and Cities. › 36.70A.165 - Property designated as greenbelt or open space—Not subject to adverse possession.

RCW 36.70A.165
Property designated as greenbelt or open space—Not subject to adverse possession.
The legislature recognizes that the preservation of urban greenbelts is an integral part of comprehensive growth management in Washington. The legislature further recognizes that certain greenbelts are subject to adverse possession action which, if carried out, threaten the comprehensive nature of this chapter. Therefore, a party shall not acquire by adverse possession property that is designated as a plat greenbelt or open space area or that is dedicated as open space to a public agency or to a bona fide homeowner's association.
[ 1997 c 429 § 41.]
NOTES:
Severability—1997 c 429: See note following RCW 36.70A.3201.