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