§19.5 - Growth Management Act and Local Government Planning

JurisdictionWashington

§19.5 Growth Management Act and Local Government Planning

Protection and management of wildlife species is primarily coordinated at federal and state levels. However, the development activities that have the greatest potential to impact the survival and recovery of listed species are conducted, at a local level, under the Growth Management Act (GMA), Chapter 36.70A RCW.

Practice Tip: Two decisions may impact the viability of cases brought under the GMA. In 2014, the Growth Management Hearings Board resolved a long-standing split and concluded that the regional boards have the authority to impose equitable remedies like res judicata and collateral estoppel City of Snoqualmie v. King County., CPSGMHB No. 14-3-0001 2014 WL 1976459 (Order of Dismissal) (Apr. 25, 2014) (authority implied from RCW 36.70A.270(4)). Also, the Washington Supreme Court's interpretation of vested rights may create additional complexity in challenges to permitting applications, particularly when a local government issues a short permit. See Town of Woodway v. Snokomisk County, 180 Wn.2d 165, 322 P.3d 1219 (2014) (development permit application established vested rights in regulations despite GMHB's subsequent ruling that regulations were not compliant with SEPA).

(1) City and county critical areas ordinances

The Washington State Legislature adopted the GMA in 1990 to guide counties and cities in planning and development, with goals of protecting the environment, retaining open space, and developing land use patterns in rural areas that are compatible with the use of the land by wildlife and for fish and wildlife habitat. RCW 36.70A.011. To achieve these goals, the GMA requires counties and cities to designate critical areas, including fish and wildlife habitat conservation areas. RCW 36.70A.040(3). The Washington Department of Commerce (DOC) promulgates guidelines for the designation of critical areas. WAC 365-190-080.Fish...

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