Washington Administrative Code › Title 461 - Environmental and Land Use Hearings Office (Shorelines Hearings Board) › Chapter 461-08 - Practice and procedure-Review of the granting, denying or rescinding of substantial development permits-Hearings › Part C - FILING AN APPEAL WITH THE BOARD AND SERVICE › Section 461-08-340 - Filing a timely petition for review with the board

Current through Register Vol. 24-14, July 15, 2024
(1) An adjudicative proceeding before the
				board is initiated by filing a petition for review with the board. A petition
				shall be filed with the board electronically through the CMS. If a party does
				not have the technological capacity to file electronically through the CMS, a
				party may file by personal delivery, commercial delivery, fax, electronic mail,
				or first-class, registered, or certified mail. A petition is filed with the
				board on the date the board actually receives the petition. Upon receiving the
				petition, the board will acknowledge receipt. The board's record of the date
				and time of receipt of the petition is evidence of the date of filing. Filings
				transmitted after 5:00 p.m., or on a Saturday, Sunday, or legal holiday, shall
				be considered filed the on next business day. If the last day for filing a
				document as required by these rules falls on a day when the board is closed
				under WAC 461-08-320(3), then the time for such filing shall be extended until
				the end of the next business day upon which the board is open for
				business.
(2)
Deadlines for
				filing a petition for review.
Different deadlines for filing a petition
				for review apply depending upon the type of shoreline decision or government
				action taken, and whether local government or the department makes the final
				decision.
(a) Any person aggrieved by a local
				government's decision granting, denying or rescinding a shoreline substantial
				development, or its denial of a shoreline conditional use or variance must file
				a petition for review with the board within 21 days of the "date of filing" as
				defined in WAC 461-08-305(4)(a).
(b) If local government approves a shoreline
				conditional use or variance permit, that action will be reviewed by the
				department, which will make the final decision on the conditional use or
				variance permit. Any person aggrieved by the department's decision to approve,
				approve with conditions or deny a conditional use or variance permit must file
				a petition for review with the board within 21 days of the "date of filing" as
				defined in WAC 461-08-305(4)(b).
(c) When a local government simultaneously
				transmits to the department its decision on a shoreline substantial development
				with its approval of a shoreline conditional use permit and/or variance, a
				petition for review of the shoreline substantial development decision must be
				filed no later than 21 days from the "date of filing" as defined in WAC
				461-08-305(4)(c).
(d) A petition
				for review by a person who has incurred a penalty assessment must be filed with
				the board within 30 days of the date of receipt of the penalty.
(e) A petition for review by any person
				aggrieved by the department's final decision to approve, or reject a proposed
				master program, or master program amendment, by a local government that is not
				planning under the Growth Management Act, RCW   36.70A.040, must be filed with
				the board within 30 days of the date that the department publishes notice of
				its final decision under RCW   90.58.090(8).
(f) A petition for review of any rules,
				regulations, or guidelines adopted or approved by the department pursuant to
				chapter 90.58 RCW must be filed with the board within 30 days of the date of
				adoption or approval.