Wash. Rev. Code § 36.70A.320

Current through 2024

Section 36.70A.320 - Presumption of validity-Burden of proof-Plans and regulations

(1) Except as provided in subsections (5) and (6) of this section, comprehensive plans and development regulations, and amendments thereto, adopted under this chapter are presumed valid upon adoption.

(2) Except as otherwise provided in subsection (4) of this section, the burden is on the petitioner to demonstrate that any action taken by a state agency, county, or city under this chapter is not in compliance with the requirements of this chapter.

(3) In any petition under this chapter, the board, after full consideration of the petition, shall determine whether there is compliance with the requirements of this chapter. In making its determination, the board shall consider the criteria adopted by the department under RCW 36.70A.190(4). The board shall find compliance unless it determines that the action by the state agency, county, or city is clearly erroneous in view of the entire record before the board and in light of the goals and requirements of this chapter.

(4) A county or city subject to a determination of invalidity made under RCW 36.70A.300 or 36.70A.302 has the burden of demonstrating that the ordinance or resolution it has enacted in response to the determination of invalidity will no longer substantially interfere with the fulfillment of the goals of this chapter under the standard in RCW 36.70A.302(1).

(5) The shoreline element of a comprehensive plan and the applicable development regulations adopted by a county or city shall take effect as provided in chapter 90.58 RCW.

(6) The greenhouse gas emissions reduction subelement required by RCW 36.70A.070 shall take effect as provided in RCW 36.70A.096.

RCW 36.70A.320

Amended by 2023 c 228,§ 8, eff. 7/23/2023.

1997 c 429 § 20; 1995 c 347 § 111; 1991 sp.s. c 32 § 13.

Prospective application-1997 c 429 ss 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.