Chapter § 8.8 Initiatives and Referenda

• Jurisdiction: Washington

§8.8 INITIATIVES AND REFERENDA

Zoning laws may not be adopted or overturned through the initiative or referendum process. The power to zone has been expressly delegated by the legislature to the local legislative body. Lince v. City of Bremerton, 25 Wn.App. 309, 312-13, 607 P.2d 329 (1980); Save Our State Park v. Bd. of Clallam Cnty. Comm'rs, 74 Wn.App. 637, 649-50, 875 P.2d 673 (1994) ("initiative and referendum are not compatible with zoning ordinances"); see also Snohomish Cnty. v. Anderson, 123 Wn.2d 151, 156-59, 868 P.2d 116 (1994) (ordinance establishing countywide planning policies under the Growth Management Act not subject to referendum because authority to enact such policies delegated to county "legislative authority").

Further limitations on the ability to effect zoning through the initiative process apply to administrative matters, which are beyond the scope of the people's legislative initiative authority. See Spokane Entrepreneurial Ctr. v. Spokane Moves to Amend Const., 185 Wn.2d 97, 369 P.3d 140 (2016) (initiative requiring zoning changes involving large developments to be approved by voters in the neighborhood dealt with administrative matters and thus exceeded scope of local initiative power to legislate).

Although the legislature presumably could decide that local zoning ordinances are...