Wash. Admin. Code § 365-199-030 - Review and application process
(1) A county that is not in compliance with
RCW 36.70A.-060, 36.70A.040(4), 36.70A.070(5), 36.70A.170, and 36.70A.172 at
the time it adopts a resolution for voluntary reversion, under
RCW
36.70A.060(1)(d) must apply
to the department for a determination of compliance.
(2) Notice of intent to apply for a
determination of compliance.
(a) Not less
than one hundred twenty days prior to applying for a determination of
compliance, the county must notify the department in writing that it intends to
apply for a determination of compliance. Prior notification allows the
department to review proposed actions prior to final adoption and advise the
county of the actions necessary to achieve compliance.
(b)The notice of intent to apply for a
determination of compliance must include:
(i)
A statement of all of the issues in which the county is not in compliance with
the requirements of the Growth Management Act.
(ii) If applicable, a list of final orders,
including number in which the growth management hearings board or court found
the county not in compliance with the requirements of the Growth Management
Act.
(iii) A proposed schedule
identifying the actions necessary to come into compliance.
(iv) Identification of the date which the
county intends to apply for a determination of compliance.
(c)The department will consult with state
agencies with expertise that would be helpful in making its determination of
compliance.
(d)Public notice of
intent to apply for determination of compliance.
(i) The department will publish notice in the
Washington State Register that a county has notified the
department of its intent to request certification.
(ii) The department will post a copy of the
notice of intent to apply for a determination of compliance on the department
web site.
(iii) The department will
notify state agencies with expertise that a county has notified the department
of its intent to apply for a determination of compliance.
(iv) The department will notify the parties
of record in the case or cases before the growth management hearings board that
resulted in the finding of noncompliance for which the county is seeking a
determination of compliance.
(3) Procedures for an application of
determination of compliance.
(a) After taking
the legislative action necessary to address the outstanding noncompliance
issues, the county may apply to the department for a determination of
compliance. A county must submit its application to the department by January
30, 2017.
(b) An application for a
determination of compliance must include, at a minimum, the following items:
(i) A cover letter from the board of county
commissioners requesting a determination of compliance;
(ii) A copy of the adopted ordinance or
resolution taking the legislative action or actions required to comply with
RCW
36.70A.040(4),
36.70A.070(5),
36.70A.170, and
36.70A.172;
(iii) A statement of actions the county has
taken to address the growth management hearings board's or court's final order
or orders; and how the actions taken are sufficient to address the remaining
noncompliance orders; and
(iv) A
copy of the record developed by the county during the process of coming into
compliance. The record of adoption must include copies of any public testimony
submitted at the hearings required by (c) of this subsection;
(c)The actions necessary to come
into compliance must include at a minimum, one hearing and opportunity for
public comment on a statement of the issues on which the county is out of
compliance, and one hearing and opportunity to comment on the changes proposed
to bring the county into compliance.
(4)Compliance determination procedures.
(a)The department must approve or deny the
application within one hundred twenty days, or by June 30, 2017, whichever date
is earlier.
(b)The department will
issue its decision in the form of a written statement, including findings of
fact and conclusions, and noting the date of the issuance of its
decision.
(c)The department will
publish its decision on the application for determination of compliance as
follows:
(i) Notify the county in writing of
its determination;
(ii) Publish a
notice of action in the Washington State Register;
(iii) Post a notice of its decision on the
agency web site;
(iv) Notify state
agencies with expertise with which department consulted regarding the
determination of compliance;
(v)
Notify parties of record in the case or cases before the growth management
hearings board that resulted in the finding of noncompliance for which the
county is seeking a determination of compliance.
(5)If the department denies an
application for a determination of compliance, the county and each city within
is obligated to comply with all requirements of this chapter and the resolution
for partial planning adopted under
RCW
36.70A.040(2)(b) is no
longer in effect.
Notes
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