Revised Code of Washington - RCW Title 36 Counties - Chapter 36.70 Planning Enabling Act

36.70.010 Purpose and intent
The purpose and intent of this chapter is to provide the authority for, and the procedures to be followed in, guiding and regulating the physical ...

36.70.015 Expenditure of funds declared public purpose
Regional planning under the provisions of this chapter is hereby declared to be a proper public purpose for the expenditure of the funds of counties, ...

36.70.020 Definitions
The following words or terms as used in this chapter shall have the following meaning unless a different meaning is clearly indicated by the context: ...

36.70.025 "Solar energy system" defined
As used in this chapter, "solar energy system" means any device or combination of devices or elements which rely upon direct sunlight as an energy ...

36.70.030 Commission -- Creation
By ordinance a board may create a planning commission and provide for the appointment by the commission of a director of planning.[1963 c 4 § ...

36.70.040 Department -- Creation -- Creation of commission to assist department
By ordinance a board may, as an alternative to and in lieu of the creation of a planning commission as provided in RCW 36.70.030, create ...

36.70.050 Authority for planning
Upon the creation of a planning agency as authorized in RCW 36.70.030 and 36.70.040, a county may engage in a planning program as defined by ...

36.70.060 Regional planning commission -- Appointment and powers
A county or a city may join with one or more other counties, cities and towns, and/or with one or more school districts, public utility ...

36.70.070 Commission -- Composition
Whenever a commission is created by a county, it shall consist of five, seven, or nine members as may be provided by ordinance: PROVIDED, That ...

36.70.080 Commission -- Appointment -- County
The members of a commission shall be appointed by the chairman of the board with the approval of a majority of the board: PROVIDED, That ...

36.70.090 Commission -- Membership -- Terms -- Existing commissions
When a commission is created after June 10, 1959, the first terms of the members of the commission consisting of five, seven, and nine members, ...

36.70.100 Commission -- Vacancies
Vacancies occurring for any reason other than the expiration of the term shall be filled by appointment for the unexpired portion of the term except ...

36.70.110 Commission -- Removal
After public hearing, any appointee member of a commission may be removed by the chairman of the board, with the approval of the board, for ...

36.70.120 Commission -- Officers
Each commission shall elect its chairman and vice chairman from among the appointed members. The commission shall appoint a secretary who need not be a ...

36.70.130 Planning agency -- Meetings
Each planning agency shall hold not less than one regular meeting in each month: PROVIDED, That if no matters over which the planning agency has ...

36.70.140 Planning agency -- Rules and records
Each planning agency shall adopt rules for the transaction of its business and shall keep a public record of its transactions, findings, and determinations.[1963 c ...

36.70.150 Planning agency -- Joint meetings
Two or more county planning agencies in any combination may hold joint meetings and by approval of their respective boards may have the same chairman.[1963 ...

36.70.160 Director -- Appointment
If a director of planning is provided for, he shall be appointed: (1) By the commission when a commission is created under RCW 36.70.030; (2) ...

36.70.170 Director -- Employees
The director of planning shall be authorized to appoint such employees as are necessary to perform the duties assigned to him within the budget allowed.[1963 ...

36.70.180 Joint director
The boards of two or more counties or the legislative bodies of other political subdivisions or special districts may jointly engage a single director of ...

36.70.190 Special services
Each planning agency, subject to the approval of the board, may employ or contract with the planning consultants or other specialists for such services as ...

36.70.200 Board of adjustment -- Creation -- Zoning adjustor
Whenever a board shall have created a planning agency, it shall also by ordinance, coincident with the enactment of a zoning ordinance, create a board ...

36.70.210 Board of adjustment -- Membership -- Quorum
A board of adjustment shall consist of five or seven members as may be provided by ordinance, and a majority of the members shall constitute ...

36.70.220 Board of adjustment -- Appointment -- Appointment of zoning adjustor
The members of a board of adjustment and the zoning adjustor shall be appointed in the same manner as provided for the appointment of commissioners ...

36.70.230 Board of adjustment -- Terms
If the board of adjustment is to consist of three members, when it is first appointed after June 10, 1959, the first terms shall be ...

36.70.240 Board of adjustment -- Vacancies
Vacancies in the board of adjustment shall be filled by appointment in the same manner in which the commissioners are appointed in RCW 36.70.080. Appointment ...

36.70.250 Board of adjustment -- Removal
Any member of the board of adjustment may be removed by the chairman of the board with the approval of the board for inefficiency, neglect ...

36.70.260 Board of adjustment -- Organization
The board of adjustment shall elect a chairman and vice chairman from among its members. The board of adjustment shall appoint a secretary who need ...

36.70.270 Board of adjustment -- Meetings
The board of adjustment shall hold not less than one regular meeting in each month of each year: PROVIDED, That if no issues over which ...

36.70.280 Board of adjustment -- Rules and records
The board of adjustment shall adopt rules for the transaction of its business and shall keep a public record of its transactions, findings and determinations.[1963 ...

36.70.290 Appropriation for planning agency, board of adjustment
The board shall provide the funds, equipment and accommodations necessary for the work of the planning agency. Such appropriations may include funds for joint ventures ...

36.70.300 Accept gifts
The planning agency of a county may accept gifts in behalf of the county to finance any planning work authorized by law.[1963 c 4 § ...

36.70.310 Conference and travel expenses -- Commission members and staff
Members of planning agencies shall inform themselves on matter affecting the functions and duties of planning agencies. For that purpose, and when authorized, such members ...

36.70.315 Public notice -- Identification of affected property
Any notice made under chapter 36.70 RCW that identifies affected property may identify this affected property without using a legal description of the property including, ...

36.70.317 Statement of restrictions applicable to real property
(1) A property owner may make a written request for a statement of restrictions applicable to a single parcel, tract, lot, or block of real ...

36.70.320 Comprehensive plan
Each planning agency shall prepare a comprehensive plan for the orderly physical development of the county, or any portion thereof, and may include any land ...

36.70.330 Comprehensive plan -- Required elements
The comprehensive plan shall consist of a map or maps, and descriptive text covering objectives, principles and standards used to develop it, and shall include ...

36.70.340 Comprehensive plan -- Amplification of required elements
When the comprehensive plan containing the mandatory subjects as set forth in RCW 36.70.330 shall have been approved by motion by the board and certified, ...

36.70.350 Comprehensive plan -- Optional elements
A comprehensive plan may include -- (1) a conservation element for the conservation, development and utilization of natural resources, including water and its hydraulic force, ...

36.70.360 Comprehensive plan -- Cooperation with affected agencies
During the formulation of the comprehensive plan, and especially in developing a specialized element of such comprehensive plan, the planning agency may cooperate to the ...

36.70.370 Comprehensive plan -- Filing of copies
Whenever a planning agency has developed a comprehensive plan, or any addition or amendment thereto, covering any land outside of the boundaries of the county ...

36.70.380 Comprehensive plan -- Public hearing required
Before approving all or any part of the comprehensive plan or any amendment, extension or addition thereto, the commission shall hold at least one public ...

36.70.390 Comprehensive plan -- Notice of hearing
Notice of the time, place and purpose of any public hearing shall be given by one publication in a newspaper of general circulation in the ...

36.70.400 Comprehensive plan -- Approval -- Required vote -- Record
The approval of the comprehensive plan, or of any amendment, extension or addition thereto, shall be by the affirmative vote of not less than a ...

36.70.410 Comprehensive plan -- Amendment
When changed conditions or further studies by the planning agency indicate a need, the commission may amend, extend or add to all or part of ...

36.70.420 Comprehensive plan -- Referral to board
A copy of a comprehensive plan or any part, amendment, extension of or addition thereto, together with the motion of the planning agency approving the ...

36.70.430 Comprehensive plan -- Board may initiate or change -- Notice
When it deems it to be for the public interest, or when it considers a change in the recommendations of the planning agency to be ...

36.70.440 Comprehensive plan -- Board may approve or change -- Notice
After the receipt of the report and recommendations of the planning agency on the matters referred to in RCW 36.70.430, or after the lapse of ...

36.70.450 Planning agency -- Relating projects to comprehensive plan
After a board has approved by motion and certified all or parts of a comprehensive plan for a county or for any part of a ...

36.70.460 Planning agency -- Annual report
After all or part of the comprehensive plan of a county has been approved by motion and certified, the planning agency shall render an annual ...

36.70.470 Planning agency -- Promotion of public interest in plan
Each planning agency shall endeavor to promote public interest in, and understanding of, the comprehensive plan and its purpose, and of the official controls related ...

36.70.480 Planning agency -- Cooperation with agencies
Each planning agency shall, to the extent it deems necessary, cooperate with officials and agencies, public utility companies, civic, educational, professional and other organizations and ...

36.70.490 Information to be furnished agency
Upon request, all public officials or agencies shall furnish to the planning agency within a reasonable time such available information as is required for the ...

36.70.493 Manufactured housing communities -- Elimination of existing community by county prohibited
After June 10, 2004, a county may designate a manufactured housing community as a nonconforming use, but may not order the removal or phased elimination ...

36.70.495 Planning regulations -- Copies provided to county assessor
By July 31, 1997, a county planning under RCW 36.70A.040 shall provide to the county assessor a copy of the county's comprehensive plan and development ...

36.70.500 Right of entry -- Commission or planning staff
In the performance of their functions and duties, duly authorized members of a commission or planning staff may enter upon any land and make examinations ...

36.70.510 Special referred matters -- Reports
By general or special rule the board creating a planning agency may provide that other matters shall be referred to the planning agency before final ...

36.70.520 Required submission of capital expenditure projects
At least five months before the end of each fiscal year each county officer, department, board or commission and each governmental body whose jurisdiction lies ...

36.70.530 Relating capital expenditure projects to comprehensive plan
The planning agency shall list all such matters referred to in RCW 36.70.520 and shall prepare for and submit a report to the board which ...

36.70.540 Referral procedure -- Reports
Whenever a county legislative authority has approved by motion and certified all or part of a comprehensive plan, no road, square, park or other public ...

36.70.545 Development regulations -- Consistency with comprehensive plan
Beginning July 1, 1992, the development regulations of each county that does not plan under RCW 36.70A.040 shall not be inconsistent with the county's comprehensive ...

36.70.547 General aviation airports -- Siting of incompatible uses
Every county, city, and town in which there is located a general aviation airport that is operated for the benefit of the general public, whether ...

36.70.550 Official controls
From time to time, the planning agency may, or if so requested by the board shall, cause to be prepared official controls which, when adopted ...

36.70.560 Official controls -- Forms of controls
Official controls may include: (1) Maps showing the exact boundaries of zones within each of which separate controls over the type and degree of permissible ...

36.70.570 Official controls -- Adoption
Official controls shall be adopted by ordinance and shall further the purpose and objectives of a comprehensive plan and parts thereof.[1963 c 4 § 36.70.570. ...

36.70.580 Official controls -- Public hearing by commission
Before recommending an official control or amendment to the board for adoption, the commission shall hold at least one public hearing.[1963 c 4 § 36.70.580. ...

36.70.590 Official controls -- Notice of hearing
Notice of the time, place and purpose of the hearing shall be given by one publication in a newspaper of general circulation in the county ...

36.70.600 Official controls -- Recommendation to board -- Required vote
The recommendation to the board of any official control or amendments thereto by the planning agency shall be by the affirmative vote of not less ...

36.70.610 Official controls -- Reference to board
A copy of any official control or amendment recommended pursuant to RCW 36.70.550, 36.70.560, 36.70.570 and 36.70.580 shall be submitted to the board not later ...

36.70.620 Official controls -- Action by board
Upon receipt of any recommended official control or amendment thereto, the board shall at its next regular public meeting set the date for a public ...

36.70.630 Official controls -- Board to conduct hearing, adopt findings prior to incorporating changes in recommended control
If after considering the matter at a public meeting as provided in RCW 36.70.620 the board deems a change in the recommendations of the planning ...

36.70.640 Official controls -- Board may initiate
When it deems it to be for the public interest, the board may initiate consideration of an ordinance establishing an official control, or amendments to ...

36.70.650 Board final authority
The report and recommendation by the planning agency, whether on a proposed control initiated by it, whether on a matter referred back to it by ...

36.70.660 Procedures for adoption of controls limited to planning matters
The provisions of this chapter with references to the procedures to be followed in the adoption of official controls shall apply only to establishing official ...

36.70.670 Enforcement -- Official controls
The board may determine and establish administrative rules and procedures for the application and enforcement of official controls, and may assign or delegate such administrative ...

36.70.675 Child care facilities -- Review of need and demand -- Adoption of ordinances
Each county that does not provide for the siting of family day care homes in zones that are designated for single family or other residential ...

36.70.677 Accessory apartments
Any local government, as defined in RCW 43.63A.215, that is planning under this chapter shall comply with RCW 43.63A.215(3).[1993 c 478 § 10.] ...

36.70.678 Conditional and special use permit applications by parties licensed or certified by the department of social and health services or the department of corrections -- Mediation prior to appeal required
A final decision by a hearing examiner involving a conditional or special use permit application under this chapter that is requested by a party that ...

36.70.680 Subdividing and platting
The planning agency shall review all proposed land plats and subdivisions and make recommendations to the board thereon with reference to approving, or recommending any ...

36.70.690 County improvements
No county shall improve any street or lay or authorize the laying of sewers or connections or other improvements to be laid in any street ...

36.70.700 Planning agency -- Time limit for report
Failure of the planning agency to report on the matters referred to in RCW 36.70.690 within forty days after the reference, or such longer period ...

36.70.710 Final authority
Reports and recommendations by the planning agency on all matters shall be advisory only, and final determination shall rest with the administrative body, official, or ...

36.70.720 Prerequisite for zoning
Zoning maps as an official control may be adopted only for areas covered by a comprehensive plan containing not less than a land use element ...

36.70.730 Text without map
The text of a zoning ordinance may be prepared and adopted in the absence of a comprehensive plan providing no zoning map or portion of ...

36.70.740 Zoning map -- Progressive adoption
Because of practical considerations, the total area of a county to be brought under the control of zoning may be divided into areas possessing geographical, ...

36.70.750 Zoning -- Types of regulations
Any board, by ordinance, may establish classifications, within each of which, specific controls are identified, and which will: (1) Regulate the use of buildings, structures, ...

36.70.755 Residential care facilities -- Review of need and demand -- Adoption of ordinances
Each county that does not provide for the siting of residential care facilities in zones that are designated for single family or other residential uses, ...

36.70.757 Family day-care provider's home facility -- County may not prohibit in residential or commercial area -- Conditions
(1) Except as provided in subsections (2) and (3) of this section, no county may enact, enforce, or maintain an ordinance, development regulation, zoning regulation, ...

36.70.760 Establishing zones
For the purpose set forth in RCW 36.70.750 the county may divide a county, or portions thereof, into zones which, by number, shape, area and ...

36.70.770 All regulations shall be uniform in each zone
All regulations shall be uniform in each zone, but the regulations in one zone may differ from those in other zones.[1963 c 4 § 36.70.770. ...

36.70.780 Classifying unmapped areas
After the adoption of the first map provided for in RCW 36.70.740, and pending the time that all property within a county can be precisely ...

36.70.790 Interim zoning
If the planning agency in good faith, is conducting or intends to conduct studies within a reasonable time for the purpose of, or is holding ...

36.70.795 Moratoria, interim zoning controls -- Public hearing -- Limitation on length
A board that adopts a moratorium, interim zoning map, interim zoning ordinance, or interim official control without holding a public hearing on the proposed moratorium, ...

36.70.800 Procedural amendments -- Zoning ordinance
An amendment to the text of a zoning ordinance which does not impose, remove or modify any regulation theretofore existing and affecting the zoning status ...

36.70.810 Board of adjustment -- Authority
The board of adjustment, subject to appropriate conditions and safeguards as provided by the zoning ordinance or the ordinance establishing the board of adjustment, if ...

36.70.820 Board of adjustment -- Quasi judicial powers
The board of adjustment may also exercise such other quasi judicial powers as may be granted by county ordinance.[1963 c 4 § 36.70.820. Prior: 1959 ...

36.70.830 Board of adjustment -- Appeals -- Time limit
Appeals may be taken to the board of adjustment by any person aggrieved, or by any officer, department, board or bureau of the county affected ...

36.70.840 Board of adjustment -- Notice of time and place of hearing on conditional permit
Upon the filing of an application for a conditional use permit or a variance as set forth in RCW 36.70.810, the board of adjustment shall ...

36.70.850 Board of adjustment -- Appeal -- Notice of time and place
Upon the filing of an appeal from an administrative determination, or from the action of the zoning adjustor, the board of adjustment shall set the ...

36.70.860 Board of adjustment -- Scope of authority on appeal
In exercising the powers granted by RCW 36.70.810 and 36.70.820, the board of adjustment may, in conformity with this chapter, reverse or affirm, wholly or ...

36.70.870 Zoning adjustor -- Powers and duties
If the office of zoning adjustor is established as provided in this chapter, all of the provisions of this chapter defining the powers, duties, and ...

36.70.880 Zoning adjustor -- Action final unless appealed
The action by the zoning adjustor on all matters coming before him shall be final and conclusive unless within ten days after the zoning adjustor ...

36.70.890 Board of adjustment -- Action final -- Writs
The action by the board of adjustment on an application for a conditional use permit or a variance, or on an appeal from the decision ...

36.70.900 Inclusion of findings of fact
Both the board of adjustment and the zoning adjustor shall, in making an order, requirement, decision or determination, include in a written record of the ...

36.70.910 Short title
This chapter shall be known as the "Planning Enabling Act of the State of Washington".[1963 c 4 § 36.70.910. Prior: 1959 c 201 § 91.] ...

36.70.920 Duties and responsibilities imposed by other acts
Any duties and responsibilities which by other acts are imposed upon a planning commission shall, after June 10, 1959, be performed by a planning agency ...

36.70.930 Chapter alternative method
This chapter shall not repeal, amend, or modify any other law providing for planning methods but shall be deemed an alternative method providing for such ...

36.70.940 Elective adoption
Any county or counties presently operating under the provisions of chapter 35.63 RCW may elect to operate henceforth under the provisions of this chapter. Such ...

36.70.970 Hearing examiner system -- Adoption authorized -- Alternative -- Functions -- Procedures
(1) As an alternative to those provisions of this chapter relating to powers or duties of the planning commission to hear and issue recommendations on ...

36.70.980 Conformance with chapter 43.97 RCW required
With respect to the National Scenic Area, as defined in the Columbia River Gorge National Scenic Area Act, P.L. 99-663, the exercise of any power ...

36.70.982 Fish enhancement projects -- County's liability
A county is not liable for adverse impacts resulting from a fish enhancement project that meets the criteria of *RCW 77.55.290 and has been permitted ...

36.70.990 Treatment of residential structures occupied by persons with handicaps
No county may enact or maintain an ordinance, development regulation, zoning regulation or official control, policy, or administrative practice which treats a residential structure occupied ...

36.70.992 Watershed restoration projects -- Permit processing -- Fish habitat enhancement project
A permit required under this chapter for a watershed restoration project as defined in RCW 89.08.460 shall be processed in compliance with RCW 89.08.450 through ...