Wash. Admin. Code § 365-196-040 - Standard of review

Current through Register Vol. 22-07, April 1, 2022

(1) Comprehensive plans and development regulations adopted under the act are presumed valid upon adoption. No state approval is required.
(2) An appeal of a local comprehensive plan or development regulation alleging a violation of the act must be filed with the growth management hearings board (the board). The board must 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 the act. To find an action clearly erroneous, the board must be left with a firm and definite conclusion that a mistake was made.
(3) Although a county or city does not have to prove compliance, if challenged, it must provide to the hearings board an index of "the record" - all material used in taking the action which is the subject of the challenge. See WAC 242-02-520. This record should include the documents containing the factual basis for determining that the challenged action complies with the act. This information may be contained in the comprehensive plan or development regulations, in the findings of the adopting ordinance or resolution, or in accompanying background documents, such as staff reports.

Notes

Wash. Admin. Code § 365-196-040

Statutory Authority: RCW 36.70A.050, 36.70A.190. 10-22-103, § 365-196-040, filed 11/2/10, effective 12/3/10; 10-03-085, § 365-196-040, filed 1/19/10, effective 2/19/10.

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