(1) All requests for review to a growth
management hearings board shall be initiated by filing a petition
that includes a detailed statement of issues presented for
resolution by the board. The board shall render written decisions
articulating the basis for its holdings. The board shall not issue
advisory opinions on issues not presented to the board in the
statement of issues, as modified by any prehearing order.
(2) All petitions relating to whether or not an adopted
comprehensive plan, development regulation, or permanent amendment
thereto, is in compliance with the goals and requirements of this
chapter or chapter 90.58 or 43.21C RCW must be filed within sixty
days after publication by the legislative bodies of the county or
city.
(a) Except as provided in (c) of this subsection, the date of
publication for a city shall be the date the city publishes the
ordinance, or summary of the ordinance, adopting the comprehensive
plan or development regulations, or amendment thereto, as is
required to be published.
(b) Promptly after adoption, a county shall publish a notice
that it has adopted the comprehensive plan or development
regulations, or amendment thereto.
Except as provided in (c) of this subsection, for purposes of
this section the date of publication for a county shall be the date
the county publishes the notice that it has adopted the
comprehensive plan or development regulations, or amendment
thereto.
(c) For local governments planning under RCW 36.70A.040,
promptly after approval or disapproval of a local government's
shoreline master program or amendment thereto by the department of
ecology as provided in RCW 90.58.090, the local government shall
publish a notice that the shoreline master program or amendment
thereto has been approved or disapproved by the department of
ecology. For purposes of this section, the date of publication for
the adoption or amendment of a shoreline master program is the date
the local government publishes notice that the shoreline master
program or amendment thereto has been approved or disapproved by
the department of ecology.
(3) Unless the board dismisses the petition as frivolous or
finds that the person filing the petition lacks standing, or the
parties have filed an agreement to have the case heard in superior
court as provided in RCW 36.70A.295, the board shall, within ten
days of receipt of the petition, set a time for hearing the matter.
(4) The board shall base its decision on the record developed
by the city, county, or the state and supplemented with additional
evidence if the board determines that such additional evidence
would be necessary or of substantial assistance to the board in
reaching its decision.
(5) The board, shall consolidate, when appropriate, all
petitions involving the review of the same comprehensive plan or
the same development regulation or regulations.
[1997 c 429 § 12; 1995 c 347 § 109. Prior: 1994 c 257 § 2; 1994 c 249 § 26; 1991 sp.s. c 32 § 10.]
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.
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 -- Application -- 1994 c 249: See notes following RCW 34.05.310.