Wash. Rev. Code § 36.70C.005
Short title
This chapter may be known and cited as the land use petition act.
Revised Code of Washington Chapter 36.70C — Judicial Review of Land Use Decisions
Washington · statute · Wash. Rev. Code ch. 36.70C · 16 active provisions
Wash. Rev. Code § 36.70C.010
Purpose
The purpose of this chapter is to reform the process for judicial review of land use decisions made by local jurisdictions, by establishing uniform, expedited appeal procedures and uniform criteria for reviewing such decisions, in order to provide consistent, predictable, and timely judicial review.
Wash. Rev. Code § 36.70C.020
Definitions
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.(1) "Energy overlay zone" means a formal plan enacted by the county legislative authority that establishes suitable areas for siting renewable resource projects based on currently available resources and existin…
Wash. Rev. Code § 36.70C.030
Chapter exclusive means of judicial review of land use decisions—Exceptions
(1) This chapter replaces the writ of certiorari for appeal of land use decisions and shall be the exclusive means of judicial review of land use decisions, except that this chapter does not apply to:(a) Judicial review of:(i) Land use decisions made by bodies that are not part of a local jurisdiction;(ii) Land use dec…
Wash. Rev. Code § 36.70C.040
Commencement of review—Land use petition—Procedure
(1) Proceedings for review under this chapter shall be commenced by filing a land use petition in superior court.(2) A land use petition is barred, and the court may not grant review, unless the petition is timely filed with the court and timely served on the following persons who shall be parties to the review of the…
Wash. Rev. Code § 36.70C.050
Joinder of parties
If the applicant for the land use approval is not the owner of the real property at issue, and if the owner is not accurately identified in the records referred to in RCW 36.70C.040(2) (b) and (c), the applicant shall be responsible for promptly securing the joinder of the owners. In addition, within fourteen days afte…
Wash. Rev. Code § 36.70C.060
Standing
Standing to bring a land use petition under this chapter is limited to the following persons:(1) The applicant and the owner of property to which the land use decision is directed;(2) Another person aggrieved or adversely affected by the land use decision, or who would be aggrieved or adversely affected by a reversal o…
Wash. Rev. Code § 36.70C.070
Land use petition—Required elements
A land use petition must set forth:(1) The name and mailing address of the petitioner;(2) The name and mailing address of the petitioner's attorney, if any;(3) The name and mailing address of the local jurisdiction whose land use decision is at issue;(4) Identification of the decision-making body or officer, together w…
Wash. Rev. Code § 36.70C.080
Initial hearing
(1) Within seven days after the petition is served on the parties identified in RCW 36.70C.040(2), the petitioner shall note, according to the local rules of superior court, an initial hearing on jurisdictional and preliminary matters. This initial hearing shall be set no sooner than thirty-five days and no later than…
Wash. Rev. Code § 36.70C.090
Expedited review
The court shall provide expedited review of petitions filed under this chapter. The matter must be set for hearing within sixty days of the date set for submitting the local jurisdiction's record, absent a showing of good cause for a different date or a stipulation of the parties.
Wash. Rev. Code § 36.70C.100
Stay of action pending review
(1) A petitioner or other party may request the court to stay or suspend an action by the local jurisdiction or another party to implement the decision under review. The request must set forth a statement of grounds for the stay and the factual basis for the request.(2) A court may grant a stay only if the court finds…
Wash. Rev. Code § 36.70C.110
Record for judicial review—Costs
(1) Within forty-five days after entry of an order to submit the record, or within such a further time as the court allows or as the parties agree, the local jurisdiction shall submit to the court a certified copy of the record for judicial review of the land use decision, except that the petitioner shall prepare at th…
Wash. Rev. Code § 36.70C.120
Scope of review—Discovery
(1) When the land use decision being reviewed was made by a quasi-judicial body or officer who made factual determinations in support of the decision and the parties to the quasi-judicial proceeding had an opportunity consistent with due process to make a record on the factual issues, judicial review of factual issues…
Wash. Rev. Code § 36.70C.130
Standards for granting relief—Renewable resource projects within energy overlay zones
(1) The superior court, acting without a jury, shall review the record and such supplemental evidence as is permitted under RCW 36.70C.120. The court may grant relief only if the party seeking relief has carried the burden of establishing that one of the standards set forth in (a) through (f) of this subsection has bee…
Wash. Rev. Code § 36.70C.140
Decision of the court
The court may affirm or reverse the land use decision under review or remand it for modification or further proceedings. If the decision is remanded for modification or further proceedings, the court may make such an order as it finds necessary to preserve the interests of the parties and the public, pending further pr…
Wash. Rev. Code § 36.70C.900
Finding—Severability—Part headings and table of contents not law—1995 c 347
See notes following RCW 36.70A.470.