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Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
"Closed record appeal" means an administrative appeal on the record to a local government body or officer, including the legislative body, following an open record hearing on a project permit application when the appeal is on the record with no or limited new evidence or information allowed to be submitted and only appeal argument allowed.
"Development regulations" means the controls placed on development or land use activities by a county or city including, but not limited to, zoning ordinances, critical areas ordinances, shoreline master programs, official controls, planned unit development ordinances, subdivision ordinances, and binding site plan ordinances together with any amendments thereto. A development regulation does not include a decision to approve a project permit application, even though the decision may be expressed in a resolution or ordinance of the legislative body of the county or city.
"Local government" means a county, city, or town.
"Open record hearing" means a hearing, conducted by a single hearing body or officer authorized by the local government to conduct such hearings, that creates the local government's record through testimony and submission of evidence and information, under procedures prescribed by the local government by ordinance or resolution. An open record hearing may be held prior to a local government's decision on a project permit to be known as an "open record predecision hearing." An open record hearing may be held on an appeal, to be known as an "open record appeal hearing," if no open record predecision hearing has been held on the project permit.
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"Project permit" or "project permit application" means any land use or environmental permit or license required from a local government for a project action, including but not limited to subdivisions, binding site plans, planned unit developments, conditional uses, shoreline substantial development permits, site plan review, permits or approvals required by critical area ordinances, site-specific rezones which do not require a comprehensive plan amendment, but excluding the adoption or amendment of a comprehensive plan, subarea plan, or development regulations except as otherwise specifically included in this subsection.
"Project permit" or "project permit application" does not include permits issued based on compliance with state and local building codes.
"Public meeting" means an informal meeting, hearing, workshop, or other public gathering of people to obtain comments from the public or other agencies on a proposed project permit prior to the local government's decision. A public meeting may include, but is not limited to, a design review or architectural control board meeting, a special review district or community council meeting, or a scoping meeting on a draft environmental impact statement. A public meeting does not include an open record hearing. The proceedings at a public meeting may be recorded and a report or recommendation may be included in the local government's project permit application file.
A project permit application for one or more residential housing units within an urban growth area designated pursuant to RCW 36.70A.110, must be considered under the zoning or other land use control ordinances in effect at the time a fully complete project permit application has been submitted to the local government and determined to be complete pursuant to RCW 36.70B.070.
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For purposes of this section, local government development regulations may require the review of a permit to be paused until applicable fees are paid and required notices are posted or delivered. The period during which permit review is paused for this reason is not included when determining the length of time a permit has been in process under RCW 36.70B.080.
A project permit application may not be deemed invalid or incomplete for the purpose of determining what zoning and land control ordinances it will be considered under pursuant to subsection (1) of this section on the basis that an applicable fee has not been paid or required notice has not been posted or delivered.
For purposes of this section, "zoning or other land use control ordinances" excludes the following:
Building permit ordinances within the meaning of RCW 19.27.095, and subdivision or short subdivision ordinances within the meaning of RCW 58.17.033;
Floodplain management ordinances adopted pursuant to chapter 86.16 RCW;
Water pollution control ordinances adopted pursuant to chapter 90.48 RCW; and
Any permit review fee authorized under RCW 82.02.020, impact fee imposed under RCW 82.02.050, or utility rate or charge, including connection charges, for water, sewer, reclaimed water, and drain services duly enacted by a water or sewer district pursuant to RCW 57.08.005(11) or by a city, town, or county providing such utilities.
This section does not alter the authority of a local government under chapter 43.21C RCW if the project permit is not exempt from review under chapter 43.21C RCW, chapter 197-11 WAC, or under the development regulations of the local government adopted to implement chapter 43.21C RCW or chapter 197-11 WAC.
Nothing in this section affects the consideration of a building permit application under RCW 19.27.095, a proposed division of land under RCW 58.17.033, or a development agreement under RCW 36.70B.180, nor the determination of the applicable zoning or other land use control ordinances under those chapters.
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Unless otherwise established pursuant to an executed development agreement adopted under RCW 36.70B.180 that governs the project permit application, a jurisdiction must provide for vested rights to be maintained for a minimum of two years for project permit applications containing 50 or fewer residential units, and a minimum of three years for project permit applications containing more than 50 residential units.
Submittal of a complete building permit application before the expiration of a project permit application extends the vesting period for the project permit for as long as the building permit remains active.
This section has no application or effect outside of urban growth areas designated pursuant to RCW 36.70A.110.
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Development regulations adopted pursuant to RCW 36.70A.040 must establish and implement time periods for local government actions for each type of project permit application and provide timely and predictable procedures to determine whether a completed project permit application meets the requirements of those development regulations. Except for modifications by a jurisdiction provided for in (e) of this subsection, the time periods for local government actions for each type of complete project permit application or project type may not exceed those specified in this section.
For project permits submitted after January 1, 2025, the development regulations must, for each type of permit application, specify the contents of a completed project permit application necessary for the complete compliance with the time periods and procedures.
A jurisdiction may exclude certain permit types and timelines for processing project permit applications as provided for in RCW 36.70B.140.
The time periods for local government action to issue a final decision for each type of complete project permit application or project type subject to this chapter should not exceed the following time periods unless modified by the local government pursuant to this section or RCW 36.70B.140:
For project permits which do not require public notice under RCW 36.70B.110, a local government must issue a final decision within 65 days of the determination of completeness under RCW 36.70B.070;
For project permits which require public notice under RCW 36.70B.110, a local government must issue a final decision within 100 days of the determination of completeness under RCW 36.70B.070; and
For project permits which require public notice under RCW 36.70B.110 and a public hearing, a local government must issue a final decision within 170 days of the determination of completeness under RCW 36.70B.070.
A jurisdiction may modify the provisions in (d) of this subsection to add permit types not identified, change the permit names or types in each category, address how consolidated review time periods may be different than permits submitted individually, and provide for how projects of a certain size or type may be differentiated, including by differentiating between permits that include a residential land use as a principal use of the land and permits that do not. Unless otherwise provided for the consolidated review of more than one permit, the time period for a final decision shall be the longest of the permit time periods identified in (d) of this subsection or as amended by a local government.
If a local government does not adopt an ordinance or resolution modifying the provisions in (d) of this subsection, the time periods in (d) of this subsection apply.
The number of days an application is in review with the county or city shall be calculated from the day completeness is determined under RCW 36.70B.070 to the date a final decision is issued on the project permit application. The number of days shall be calculated by counting every calendar day and excluding the following time periods:
Any period between the day that the county or city has notified the applicant, in writing, that additional information is required to further process the application, an applicable fee must be paid, or a required notice must be posted, and the day when responsive information is resubmitted by the applicant, the fee is paid, or the notice is posted;
Any period after an applicant informs the local government, in writing, that they would like to temporarily suspend review of the project permit application until the time that the applicant notifies the local government, in writing, that they would like to resume the application. A local government may set conditions for the temporary suspension of a permit application;
Any period that the local government has completed all possible work on the application but must wait for necessary action by a government entity subject to subsection (2) of this section; and
Any period after an administrative appeal is filed until the administrative appeal is resolved and any additional time period provided by the administrative appeal has expired.
The time periods for a local government to process a permit shall start over if an applicant proposes a change in use that adds or removes commercial or residential elements from the original application that would make the application fail to meet the determination of procedural completeness for the new use, as required by the local government under RCW 36.70B.070.
Annual amendments to the comprehensive plan are not subject to the requirements of this section.
A county's or city's adoption of a resolution or ordinance to implement this subsection shall not be subject to appeal under chapter 36.70A RCW unless the resolution or ordinance modifies the time periods provided in (d) of this subsection by providing for a review period of more than 170 days for any project permit.
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(A) 10 percent if the final decision of the project permit application was made after the applicable deadline but the period from the passage of the deadline to the time of issuance of the final decision did not exceed 20 percent of the original time period; or
(B) 20 percent if the period from the passage of the deadline to the time of the issuance of the final decision exceeded 20 percent of the original time period.
ii. Except as provided in RCW 36.70B.160, the provisions in (l)(i) of this subsection are not applicable to a local government which has implemented at least three of the options in RCW 36.70B.160(1) (a) through (j) at the time an application is deemed procedurally complete.
Any government entity other than a local government that imposes a fee on an applicant for review of a portion of a project permit application, including special purpose districts and public utilities, must complete its review of its portion of the project permit application within the time frames established in subsection (1)(d) of this section. The time that a government entity has taken to review a project permit application must be determined as provided for in subsection (1)(g) of this section, and is exclusive of the time that a local government or other entity has taken to conduct its review of its portion of the project permit application. A government entity that does not complete its review within the required time frame must refund or forgo 20 percent of the fee that it collected or would have collected for its review.
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Counties subject to the requirements of RCW 36.70A.215 and the cities within those counties that have populations of at least 20,000 must, for each type of permit application, identify the total number of project permit applications for which decisions are issued according to the provisions of this chapter. For each type of project permit application identified, these counties and cities must establish and implement a deadline for issuing a notice of final decision as required by subsection (1) of this section and minimum requirements for applications to be deemed complete under RCW 36.70B.070 as required by subsection (1) of this section.
Counties and cities subject to the requirements of this subsection also must prepare an annual performance report that includes information outlining time periods for certain permit types associated with housing. The report must provide:
Permit time periods for certain permit processes in the county or city in relation to those established under this section, including whether the county or city has established shorter time periods than those provided in this section;
The total number of decisions issued during the year for the following permit types: Preliminary subdivisions, final subdivisions, binding site plans, permit processes associated with the approval of multifamily housing, and construction plan review for each of these permit types when submitted separately;
The total number of decisions for each permit type which included consolidated project permit review, such as concurrent review of a rezone or construction plans;
The average number of days from a submittal to a decision being issued for the project permit types listed in (b)(ii) of this subsection. This shall be calculated from the day completeness is determined under RCW 36.70B.070 to the date a decision is issued on the application. The number of days shall be calculated by counting every calendar day;
The total number of days each project permit application of a type listed in (b)(ii) of this subsection was in review with the county or city. This shall be calculated from the day completeness is determined under RCW 36.70B.070 to the date a final decision is issued on the application. The number of days shall be calculated by counting every calendar day. The days the application is in review with the county or city does not include the time periods in subsection (1)(g)(i) through (iii) of this section;
The total number of days that were excluded from the time period calculation under subsection (1)(g)(i) through (iii) of this section for each project permit application of a type listed in (b)(ii) of this subsection.
Counties and cities subject to the requirements of this subsection must:
Post the annual performance report through the county's or city's website; and
Submit the annual performance report to the department of commerce by March 1st each year.
No later than July 1st each year, the department of commerce shall publish a report which includes the annual performance report data for each county and city subject to the requirements of this subsection and a list of those counties and cities whose time periods are shorter than those provided for in this section.
The annual report must also include key metrics and findings from the information collected.
e. The initial annual report required under this subsection must be submitted to the department of commerce by March 1, 2025, and must include information from permitting in 2024.
Not later than June 30, 2027, each local government planning under RCW 36.70A.040 shall establish by ordinance or resolution an integrated and consolidated project permit process that may be included in its development regulations. In addition to the elements required by RCW 36.70B.050, the process shall include the following elements:
A determination of completeness to the applicant as required by RCW 36.70B.070;
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The designation of a permit responsible official for project permit applications. This official has the authority to make all final administrative decisions on approval of project permit applications consistent with the procedural requirements of this chapter. If a local government is also the lead agency responsible for the environmental analysis and procedural requirements under chapter 43.21C RCW, then the permit responsible official must be designated as the responsible official under that chapter.
The local government shall designate a single point of contact on each project permit application. Each project permit application may have a different single point of contact. The single point of contact must coordinate with the local government's other departments and with other agencies or government entities with permit review responsibilities as necessary to ensure that a final decision on project permit applications can be issued within the applicable timeline under RCW 36.70B.080;
A notice of application to the public and agencies with jurisdiction as required by RCW 36.70B.110;
Except as provided in RCW 36.70B.140, an optional consolidated project permit review process as provided in RCW 36.70B.120. The review process shall provide for no more than one consolidated open record hearing and one closed record appeal. If an open record predecision hearing is provided prior to the decision on a project permit, the process shall not allow a subsequent open record appeal hearing;
Provision allowing for any public meeting or required open record hearing to be combined with any public meeting or open record hearing that may be held on the project by another local, state, regional, federal, or other agency, in accordance with provisions of RCW 36.70B.110;
A single report stating all the decisions made as of the date of the report on all project permits included in the consolidated permit process that do not require an open record predecision hearing and any recommendations on project permits that do not require an open record predecision hearing. The report shall state any mitigation required or proposed under the development regulations or the agency's authority under RCW 43.21C.060. The report may be the local permit. If a threshold determination other than a determination of significance has not been issued previously by the local government, the report shall include or append this determination;
Except for the appeal of a determination of significance as provided in RCW 43.21C.075, if a local government elects to provide an appeal of its threshold determinations or project permit decisions, the local government shall provide for no more than one consolidated open record hearing on such appeal. The local government need not provide for any further appeal and may provide an appeal for some but not all project permit decisions. If an appeal is provided after the open record hearing, it shall be a closed record appeal before a single decision-making body or officer;
A notice of decision as required by RCW 36.70B.130 and issued within the time period provided in RCW 36.70B.080
; and
(1) Each local government is encouraged to adopt further project review and code provisions to provide prompt, coordinated, and objective review and ensure accountability to applicants and the public by:
Whenever a public utility district imposes a fee on an applicant for the review of a project permit application, the district must complete its review within the time frames provided for a local government to issue a final decision in RCW 36.70B.080(1)(d). The time that a project permit application has been under review must be calculated from the date that the district receives the information necessary for it to begin its review until the district has issued its final decision, and excludes any time period that would be excluded from the calculation of the time that a local government has been reviewing an application under RCW 36.70B.080(1)(g).
If a public utility district does not complete its review within the required time frame, it must refund or forgo 20 percent of the fee that it charged, or would have charged, the applicant for the review.
For the purposes of this section, "project permit" has the same meaning as in RCW 36.70B.020.
Whenever the department imposes a fee on an applicant for the review of a project permit application, the department must complete its review within the time frames provided for a local government to issue a final decision in RCW 36.70B.080(1)(d). The time that a project permit application has been under review must be calculated from the date that the department receives the information necessary for it to begin its review until the department has issued its final decision, and excludes any time period that would be excluded from the calculation of the time that a local government has been reviewing an application under RCW 36.70B.080(1)(g).
If the department does not complete its review within the required time frame, it must refund or forgo 20 percent of the fee that it charged, or would have charged, the applicant for the review.
For the purposes of this section, "project permit" has the same meaning as in RCW 36.70B.020.
Whenever a district imposes a fee on an applicant for the review of a project permit application, the district must complete its review within the time frames provided for a local government to issue a final decision in RCW 36.70B.080(1)(d). The time that a project permit application has been under review must be calculated from the date that the district receives the information necessary for it to begin its review until the district has issued its final decision, and excluded any time period that would be excluded from the calculation of the time that a local government has been reviewing an application under RCW 36.70B.080(1)(g).
If a district does not complete its review within the required time frame, it must refund or forgo 20 percent of the fee that it charged, or would have charged, the applicant for the review.
For the purposes of this section, "project permit" has the same meaning as in RCW 36.70B.020.
Whenever a district imposes a fee on an applicant for the review of a project permit application, the district must complete its review within the time frames provided for a local government to issue a final decision in RCW 36.70B.080(1)(d). The time that a project permit application has been under review must be calculated from the date that the district receives the information necessary for it to begin its review until the district has issued its final decision, and excludes any time period that would be excluded from the calculation of the time that a local government has been reviewing an application under RCW 36.70B.080(1)(g).
If a district does not complete its review within the required time frame, it must refund or forgo 20 percent of the fee that it charged, or would have charged, the applicant for the review.
For the purposes of this section, "project permit" has the same meaning as in RCW 36.70B.020.
If a county, city, or town has designated a permit responsible official under RCW 36.70B.060 on a project permit application, that official must also be designated as the responsible official when the county, city, or town is the lead agency responsible for complying with the requirements of this chapter related to the application.