WAC 242-02-831
Final decision and order -- Compliance,
noncompliance, invalidity. (1) In its final decision and
order, a board shall either:
(a) Find that the state agency, county or city is in
compliance with the requirements of chapter 36.70A RCW,
chapter 90.58 RCW as it relates to the adoption or amendment
of shoreline master programs, or chapter 43.21C RCW as it
relates to adoption of plans, development regulations, and
amendments thereto, under RCW 36.70A.040 or chapter 90.58 RCW;
or
(b) Find that the state agency, county or city is not in
compliance with the requirements of chapter 36.70A RCW,
chapter 90.58 RCW as it relates to the adoption or amendment
of shoreline master programs, or chapter 43.21C RCW as it
relates to adoption of plans, development regulations, and
amendments thereto, under RCW 36.70A.040 or chapter 90.58 RCW,
in which case the board shall remand the matter to the state
agency, county or city and specify a time for compliance. The
period of remand shall extend to the date the board issues its
next order on compliance.
(2) In its final decision and order, a board may
determine that part or all of a comprehensive plan or
development regulations are invalid if the board:
(a) Makes a finding of noncompliance and issues an order
of remand;
(b) Includes in its final decision and order a
determination, supported by findings of fact and conclusions
of law, that the continued validity of part or parts of the
plan or regulation would substantially interfere with the
fulfillment of the goals of the act; and
(c) Specifies the part or parts, if applicable, of the
plan or regulation that are determined to be invalid and the
reasons for invalidity.
(3) The effect of a determination of invalidity is as set
forth in RCW 36.70A.302.
[Statutory Authority: RCW 36.70A.270(7). 06-12-019, §
242-02-831, filed 5/26/06, effective 6/26/06; 98-01-144, §
242-02-831, filed 12/19/97, effective 1/20/98.]