The growth management act was initially established in 1990. Since its inception, various elements of the act have been highly litigated. The costs of litigation have become burdensome on cities and counties and have had a chilling effect on growth and development especially in rural counties. In order to relieve this burden, the legislature finds that it is time to make the growth management hearings board consistent with other land use appeals.
This section modifies existing section 36.70A.280. Here is the modified chapter for context.
The growth management hearings board shall hear and determine only those petitions alleging either:
That, except as provided otherwise by this subsection, a state agency, county, or city planning under this chapter is not in compliance with the requirements of this chapter, chapter 90.58 RCW as it relates to the adoption of shoreline master programs or amendments thereto, or chapter 43.21C RCW as it relates to plans, development regulations, or amendments, adopted under RCW 36.70A.040 or chapter 90.58 RCW. Nothing in this subsection authorizes the board to hear petitions alleging noncompliance with RCW 36.70A.5801;
That the twenty-year growth management planning population projections adopted by the office of financial management pursuant to RCW 43.62.035 should be adjusted;
That the approval of a work plan adopted under RCW 36.70A.735(1)(a) is not in compliance with the requirements of the program established under RCW 36.70A.710;
That regulations adopted under RCW 36.70A.735(1)(b) are not regionally applicable and cannot be adopted, wholly or partially, by another jurisdiction; or
That a department certification under RCW 36.70A.735(1)(c) is erroneous.
A petition may be filed only by:
The state, or a county or city that plans under this chapter;
A person qualified pursuant to RCW 34.05.530**; or**
Any person who:
Owns property within the boundaries of the city or county planning under this chapter;
Is prejudiced or likely to be prejudiced by the action of the city or county planning under this chapter; and
Will suffer actual injury if the contested action is upheld.
For purposes of this section "person" means any individual, partnership, corporation, association, state agency, governmental subdivision or unit thereof, or public or private organization or entity of any character.
4.
When considering a possible adjustment to a growth management planning population projection prepared by the office of financial management, the board shall consider the implications of any such adjustment to the population forecast for the entire state.
The rationale for any adjustment that is adopted by the board must be documented and filed with the office of financial management within ten working days after adoption.
If adjusted by the board, a county growth management planning population projection shall only be used for the planning purposes set forth in this chapter and shall be known as the "board adjusted population projection." None of these changes shall affect the official state and county population forecasts prepared by the office of financial management, which shall continue to be used for state budget and planning purposes.