RCW ch. 36.70B — Revised Code of Washington Chapter 36.70B RCW — Local Project Review

RCW 36.70B.010 Findings and declaration. The legislature finds and declares the following: (1) As the number of environmental laws and development regulations has increased for land uses and development, so has the number of required local land use permits, each with its own separate approval process. (2) The increasing number of local and state land use permits and separate environmental review processes required by agencies has generated continuing potential for conflict, overlap, and duplication between the various permit and review processes. (3) This regulatory burden has significantly added to the cost and time needed to obtain local and state land use permits and has made it difficult for the public to know how and when to provide timely comments on land use proposals that require multiple permits and have separate environmental review processes. [ 1995 c 347 s 401.] RCW 36.70B.020 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Closed record appeal" means an administrative appeal on the record to a local government body or officer, including the legislative body, following an open record hearing on a project permit application when the appeal is on the record with no or limited new evidence or information allowed to be submitted and only appeal argument allowed. (2) "Development regulations" means the controls placed on development or land use activities by a county or city including, but not limited to, zoning ordinances, critical areas ordinances, shoreline master programs, official controls, planned unit development ordinances, subdivision ordinances, and binding site plan ordinances together with any amendments thereto. A development regulation does not include a decision to approve a project permit application, even though the decision may be expressed in a resolution or ordinance of the legislative body of the county or city. (3) "Local government" means a county, city, or town. (4) "Open record hearing" means a hearing, conducted by a single hearing body or officer authorized by the local government to conduct such hearings, that creates the local government's record through testimony and submission of evidence and information, under procedures prescribed by the local government by ordinance or resolution. An open record hearing may be held prior to a local government's decision on a project permit to be known as an "open record predecision hearing." An open record hearing may be held on an appeal, to be known as an "open record appeal hearing," if no open record predecision hearing has been held on the project permit. (5)(a) "Project permit" or "project permit application" means any land use or environmental permit or license required from a local government for a project action, including but not limited to subdivisions, binding site plans, planned unit developments, conditional uses, shoreline substantial development permits, site plan review, permits or approvals required by critical area ordinances, site-specific rezones which do not require a comprehensive plan amendment, but excluding the adoption or amendment of a comprehensive plan, subarea plan, or development regulations except as otherwise specifically included in this subsection. (b) "Project permit" or "project permit application" does not include permits issued based on compliance with state and local building codes, or a special purpose district's or public utility district's determination of service availability, system capacity, infrastructure requirements, or review of proposed water, sewer, or stormwater civil plans. (6) "Public meeting" means an informal meeting, hearing, workshop, or other public gathering of people to obtain comments from the public or other agencies on a proposed project permit prior to the local government's decision. A public meeting may include, but is not limited to, a design review or architectural control board meeting, a special review district or community council meeting, or a scoping meeting on a draft environmental impact statement. A public meeting does not include an open record hearing. The proceedings at a public meeting may be recorded and a report or recommendation may be included in the local government's project permit application file. [ 2026 c 235 s 1; 2025 c 102 s 1; 2023 c 338 s 5; 1995 c 347 s 402.] RCW 36.70B.030 Project review—Required elements—Limitations. (1) Fundamental land use planning choices made in adopted comprehensive plans and development regulations shall serve as the foundation for project review. The review of a proposed project's consistency with applicable development regulations, or in the absence of applicable regulations the adopted comprehensive plan, under RCW 36.70B.040 shall incorporate the determinations under this section. (2) During project review, a local government or any subsequent reviewing body shall determine whether the items listed in this subsection are defined in the development regulations applicable to the proposed project or, in the absence of applicable regulations the adopted comprehensive plan. At a minimum, such applicable regulations or plans shall be determinative of the: (a) Type of land use permitted at the site, including uses that may be allowed under certain circumstances, such as planned unit developments and conditional and special uses, if the criteria for their approval have been satisfied; (b) Density of residential development in urban growth areas; and (c) Availability and adequacy of public facilities identified in the comprehensive plan, if the plan or development regulations provide for funding of these facilities as required by chapter 36.70A RCW. (3) During project review, the local government or any subsequent reviewing body shall not reexamine alternatives to or hear appeals on the items identified in subsection (2) of this section, except for issues of code interpretation. As part of its project review process, a local government shall provide a procedure for obtaining a code interpretation as provided in RCW 36.70B.110. (4) Pursuant to RCW 43.21C.240, a local government may determine that the requirements for environmental analysis and mitigation measures in development regulations and other applicable laws provide adequate mitigation for some or all of the project's specific adverse environmental impacts to which the requirements apply. (5) Nothing in this section limits the authority of a permitting agency to approve, condition, or deny a project as provided in its development regulations adopted under chapter 36.70A RCW and in its policies adopted under RCW 43.21C.060. Project review shall be used to identify specific project design and conditions relating to the character of development, such as the details of site plans, curb cuts, drainage swales, transportation demand management, the payment of impact fees, or other measures to mitigate a proposal's probable adverse environmental impacts, if applicable. (6) Subsections (1) through (4) of this section apply only to local governments planning under RCW 36.70A.040. [ 1995 c 347 s 404.] NOTES: Intent— RCW 36.70B.040 Determination of consistency. (1) A proposed project's consistency with a local government's development regulations adopted under chapter 36.70A RCW, or, in the absence of applicable development regulations, the appropriate elements of the comprehensive plan adopted under chapter 36.70A RCW shall be decided by the local government during project review by consideration of: (a) The type of land use; (b) The level of development, such as units per acre or other measures of density; (c) Infrastructure, including public facilities and services needed to serve the development; and (d) The characteristics of the development, such as development standards. (2) In deciding whether a project is consistent, the determinations made pursuant to RCW 36.70B.030(2) shall be controlling. (3) For purposes of this section, the term "consistency" shall include all terms used in this chapter and chapter 36.70A RCW to refer to performance in accordance with this chapter and chapter 36.70A RCW, including but not limited to compliance, conformity, and consistency. (4) Nothing in this section requires documentation, dictates an agency's procedures for considering consistency, or limits a city or county from asking more specific or related questions with respect to any of the four main categories listed in subsection (1)(a) through (d) of this section. (5) The department of commerce is authorized to develop and adopt by rule criteria to assist local governments planning under RCW 36.70A.040 to analyze the consistency of project actions. These criteria shall be jointly developed with the department of ecology. [ 2023 c 470 s 2020; 1997 c 429 s 46; 1995 c 347 s 405.] NOTES: Explanatory statement— RCW 36.70B.050 Local government review of project permit applications required—Objectives. Not later than March 31, 1996, each local government shall provide by ordinance or resolution for review of project permit applications to achieve the following objectives: (1) Combine the environmental review process, both procedural and substantive, with the procedure for review of project permits; and (2) Except for the appeal of a determination of significance as provided in RCW 43.21C.075, provide for no more than one open record hearing and one closed record appeal. [ 1995 c 347 s 406.] RCW 36.70B.060 Local governments planning under the growth management act to establish integrated and consolidated project permit process—Required elements. Not later than June 30, 2027, each local government planning under RCW 36.70A.040 shall establish by ordinance or resolution an integrated and consolidated project permit process that may be included in its development regulations. In addition to the elements required by RCW 36.70B.050, the process shall include the following elements: (1) A determination of completeness to the applicant as required by RCW 36.70B.070; (2)(a) The designation of a permit responsible official for project permit applications related to a residential project. This official has the authority to make all final administrative decisions on project permit applications related to residential projects consistent with the procedural requirements of this chapter. If a local government is also the lead agency responsible for the environmental analysis and procedural requirements under chapter 43.21C RCW for the residential project, then the permit responsible official must be designated as the responsible official under that chapter. (b) The local government shall designate, for each project permit application, a single point of contact, which may be a designated official, position, office, or functional unit of the local government and may be identified by a publicly available telephone number or electronic mail address for purposes of applicant communication. The designation may vary by application. The designated official, position, office, or functional unit must coordinate with other departments and with other agencies or government entities with permit review responsibilities as necessary to ensure that a final decision on project permit applications is issued within the applicable timeline under RCW 36.70B.080. The designation of a single point of contact does not confer independent final decision-making authority unless otherwise provided under local ordinance; (3) A notice of application to the public and agencies with jurisdiction as required by RCW 36.70B.110; (4) Except as provided in RCW 36.70B.140, an optional consolidated project permit review process as provided in RCW 36.70B.120. The review process shall provide for no more than one consolidated open record hearing and one closed record appeal. If an open record predecision hearing is provided prior to the decision on a project permit, the process shall not allow a subsequent open record appeal hearing; (5) Provision allowing for any public meeting or required open record hearing to be combined with any public meeting or open record hearing that may be held on the project by another local, state, regional, federal, or other agency, in accordance with provisions of RCW 36.70B.110; (6) A single report stating all the decisions made as of the date of the report on all project permits included in the consolidated permit process that do not require an open record predecision hearing and any recommendations on project permits that do not require an open record predecision hearing. The report shall state any mitigation required or proposed under the development regulations or the agency's authority under RCW 43.21C.060. The report may be the local permit. If a threshold determination other than a determination of significance has not been issued previously by the local government, the report shall include or append this determination; (7) Except for the appeal of a determination of significance as provided in RCW 43.21C.075, if a local government elects to provide an appeal of its threshold determinations or project permit decisions, the local government shall provide for no more than one consolidated open record hearing on such appeal. The local government need not provide for any further appeal and may provide an appeal for some but not all project permit decisions. If an appeal is provided after the open record hearing, it shall be a closed record appeal before a single decision-making body or officer; (8) A notice of decision as required by RCW 36.70B.130 and issued within the time period provided in RCW 36.70B.080; and (9) Any other provisions not inconsistent with the requirements of this chapter or chapter 43.21C RCW. [ 2026 c 235 s 4; 1995 c 347 s 407.] RCW 36.70B.070 Project permit applications—Determination of completeness—Notice to applicant. (1)(a) Within 28 days after receiving a project permit application, a local government planning pursuant to RCW 36.70A.040 shall provide a written determination to the applicant. (b) The written determination must state either: (i) That the application is procedurally complete; or (ii) That the application is procedurally incomplete and that the procedural submission requirements of the local government have not been met. The determination shall outline what is necessary to make the application procedurally complete. (c) The number of days shall be calculated by counting every calendar day. (d) To the extent known by the local government, the local government shall identify other agencies of local, state, or federal governments that may have jurisdiction over some aspect of the application. (2) A project permit application is procedurally complete for purposes of this section when it meets the procedural submission requirements of the local government, as outlined on the project permit application. A local government shall accept applications from a regional transit authority established under chapter 81.112 RCW regardless of whether the regional transit authority owns or has possession and use of the property subject to the application, so long as the application is otherwise complete. A determination of procedural completeness is not a substantive review of the application and shall not be conditioned on the adequacy, accuracy, or sufficiency of the information submitted. Additional information or studies may be required or project modifications may be undertaken subsequent to the procedural review of the application by the local government. The determination of completeness shall not preclude the local government from requesting additional information or studies either at the time of the notice of completeness or subsequently if new information is required or substantial changes in the proposed action occur. However, if the procedural submission requirements, as outlined on the project permit application have been provided, the need for additional information or studies may not preclude a completeness determination. (3) The determination of completeness may include or be combined with the following: (a) A preliminary determination of those development regulations that will be used for project mitigation; (b) A preliminary determination of consistency, as provided under RCW 36.70B.040; (c) Other information the local government chooses to include; or (d) The notice of application pursuant to the requirements in RCW 36.70B.110. (4)(a) An application shall be deemed procedurally complete on the 29th day after receiving a project permit application under this section if the local government does not provide a written determination to the applicant that the application is procedurally incomplete as provided in subsection (1)(b)(ii) of this section. When the local government does not provide a written determination, they may still seek additional information or studies as provided for in subsection (2) of this section. (b) Within 14 days after an applicant has submitted to a local government additional information identified by the local government as being necessary for a complete application, the local government shall notify the applicant whether the application is complete or what additional information is necessary. (c) The notice of application shall be provided within 14 days after the determination of procedural completeness pursuant to RCW 36.70B.110. [ 2026 c 235 s 2; 2026 c 166 s 5; 2023 c 338 s 6; 1995 c 347 s 408; 1994 c 257 s 4. Formerly RCW 36.70A.440.] NOTES: Reviser's note: RCW 36.70B.080 Development regulations—Requirements—Required timelines for review completion—Report on implementation costs. (1)(a) Development regulations adopted pursuant to RCW 36.70A.040 must establish and implement time periods for local government actions for each type of project permit application and provide timely and predictable procedures to determine whether a completed project permit application meets the requirements of those development regulations. Except for modifications by a jurisdiction provided for in (e) of this subsection, the time periods for local government actions for each type of complete project permit application or project type may not exceed those specified in this section. (b) For project permits submitted after January 1, 2025, the development regulations must, for each type of permit application, specify the contents of a completed project permit application necessary for the complete compliance with the time periods and procedures. (c) A jurisdiction may exclude certain permit types and timelines for processing project permit applications as provided for in RCW 36.70B.140. (d) The time periods for local government action to issue a final decision for each type of complete project permit application or project type subject to this chapter should not exceed the following time periods unless modified by the local government pursuant to this section or RCW 36.70B.140: (i) For project permits which do not require public notice under RCW 36.70B.110, a local government must issue a final decision within 65 days of the determination of completeness under RCW 36.70B.070; (ii) For project permits which require public notice under RCW 36.70B.110, a local government must issue a final decision within 100 days of the determination of completeness under RCW 36.70B.070; and (iii) For project permits which require public notice under RCW 36.70B.110 and a public hearing, a local government must issue a final decision within 170 days of the determination of completeness under RCW 36.70B.070. (e) A jurisdiction may modify the provisions in (d) of this subsection to add permit types not identified, change the permit names or types in each category, address how consolidated review time periods may be different than permits submitted individually, and provide for how projects of a certain size or type may be differentiated, including by differentiating between permits that include a residential land use as a principal use of the land and permits that do not. Unless otherwise provided for the consolidated review of more than one permit, the time period for a final decision shall be the longest of the permit time periods identified in (d) of this subsection or as amended by a local government. (f) If a local government does not adopt an ordinance or resolution modifying the provisions in (d) of this subsection, the time periods in (d) of this subsection apply. (g) The number of days an application is in review with the county or city shall be calculated from the day completeness is determined under RCW 36.70B.070 to the date a final decision is issued on the project permit application. The number of days shall be calculated by counting every calendar day and excluding the following time periods: (i) Any period between the day that the county or city has notified the applicant, in writing, that additional information is required to further process the application, an applicable fee must be paid, or a required notice must be posted, and the day when responsive information is resubmitted by the applicant, the fee is paid, or the notice is posted; (ii) Any period after an applicant informs the local government, in writing, that they would like to temporarily suspend review of the project permit application until the time that the applicant notifies the local government, in writing, that they would like to resume the application. A local government may set conditions for the temporary suspension of a permit application; (iii) Any period that the local government has completed all possible work on the application but must wait for necessary action by a government entity subject to subsection (2) or (3) of this section; (iv) Any period during which a draft or final environmental impact statement is being prepared following a determination of significance under chapter 43.21C RCW; (v) Any period between issuance of a final decision and the expiration of the applicable administrative appeal period; and (vi) Any period after an administrative appeal is filed until the administrative appeal is resolved and any additional time period provided by the administrative appeal has expired. (h) The time periods for a local government to process a permit shall start over if an applicant proposes a change in use that adds or removes commercial or residential elements from the original application that would make the application fail to meet the determination of procedural completeness for the new use, as required by the local government under RCW 36.70B.070. (i) If, at any time, an applicant informs the local government, in writing, that the applicant would like to temporarily suspend the review of the project for more than 60 days, or if an applicant is not responsive for more than 60 consecutive days after the county or city has notified the applicant, in writing, that additional information is required to further process the application, an additional 30 days may be added to the time periods for local government action to issue a final decision for each type of project permit that is subject to this chapter. Any written notice from the local government to the applicant that additional information is required to further process the application must include a notice that nonresponsiveness for 60 consecutive days may result in 30 days being added to the time for review. For the purposes of this subsection, "nonresponsiveness" means that an applicant is not making demonstrable progress on providing additional requested information to the local government, or that there is no ongoing communication from the applicant to the local government on the applicant's ability or willingness to provide the additional information. (j) Annual amendments to the comprehensive plan are not subject to the requirements of this section. (k) A county's or city's adoption of a resolution or ordinance to implement this subsection shall not be subject to appeal under chapter 36.70A RCW unless the resolution or ordinance modifies the time periods provided in (d) of this subsection by providing for a review period of more than 170 days for any project permit. (l)(i) When permit time periods provided for in (d) of this subsection, as may be amended by a local government, and as may be extended as provided for in (i) of this subsection, are not met, a portion of the permit fee must be refunded to the applicant as provided in this subsection. A local government may provide for the collection of only 80 percent of a permit fee initially, and for the collection of the remaining balance if the permitting time periods are met. The portion of the fee refunded for missing time periods shall be: (A) 10 percent if the final decision of the project permit application was made after the applicable deadline but the period from the passage of the deadline to the time of issuance of the final decision did not exceed 20 percent of the original time period; or (B) 20 percent if the period from the passage of the deadline to the time of the issuance of the final decision exceeded 20 percent of the original time period. (ii) Except as provided in RCW 36.70B.160, the provisions in (l)(i) of this subsection are not applicable to a local government which has implemented at least three of the options in RCW 36.70B.160(1) (a) through (j) at the time an application is deemed procedurally complete. (2)(a) Any government entity other than a local government, special purpose district, or public utility district, that imposes a fee on an applicant for review of a project permit application, or a portion thereof, related to a residential project must complete its review of the project permit application within the time periods established in subsection (1)(d) of this section, unless the applicant agrees in writing to waive the application of the time period for review. Such a waiver may occur at any time prior to the denial of the project permit application or the exhaustion of the time period for review. If an applicant has agreed to waive the application of the time period, then the provisions of this subsection (2) do not apply to the review of the project permit application. (b) The time that a government entity has taken to review a project permit application must be determined as provided for in subsection (1)(g) of this section, and is exclusive of the time that a local government or other entity has taken to conduct its review of its portion of the project permit application. (c) A government entity that does not complete its review within the required time periods must refund or forgo 20 percent of the fee that it collected or would have collected for its review. A government entity that does not collect a fee for its review of a portion of a project permit application is not required to provide any refund under this section. (3)(a) When a local government requires a special purpose district's or public utility district's determination in order to complete review of a residential project permit application including approval of a preliminary plat or other land division, the review must be conducted as provided for in this subsection (3). (b)(i) A special purpose district's or public utility district's review period begins when a local government provides a complete referral to the district. A referral is complete if it includes civil plans and supporting materials based on the district's adopted engineering and design standards in effect on the date of the referral, and when the referral includes all materials required to constitute a complete application under the district's adopted procedures. (ii) Within 15 calendar days of receipt of the referral, the district must notify the local government and applicant in writing if the referral is incomplete and identify the additional information required. If a referral is deemed incomplete, a district has an additional 15 calendar days from the receipt of the requested information to notify the local government and applicant in writing if the referral is still incomplete and identify the additional information required. If the district does not provide notice within 15 calendar days of the initial referral or of the submission of additional information, the referral is deemed complete for purposes of this section. (c)(i) For routine infrastructure extensions or connections that do not require specialized engineering analysis or external regulatory approval, the district shall issue its written technical determination in the form of written comments within 45 business days of its receipt of a complete referral. A written response may include: (A) Confirmation of consistency with adopted engineering and design standards; (B) Identification of revisions required to achieve compliance; (C) Conditions of service or infrastructure improvements authorized by law; or (D) Identification of capacity, regulatory, or system limitations that preclude approval. (ii) When a proposal involves complex infrastructure or requires specialized engineering review, regulatory coordination, or third-party technical consultation, the time review period for completing the review or issuing a decision may be extended by up to 60 business days over the time period provided for in (c)(i) of this subsection. If a time period is extended in this way, the district must provide written notice to the local government and applicant identifying the basis for extended review and an estimated time frame for completion. No review period may exceed a total of more than 120 calendar days, exclusive of any excluded periods provided for in (d) of this subsection. Complex infrastructure includes, but is not limited to: (A) Sewage lift stations or pump stations; (B) Mechanical, electrical, hydraulic, or supervisory control and data acquisition systems; (C) Directional drilling, boring, or installation within state or county rights-of-way; (D) Construction of new off-site capital facilities that are not existing or previously approved for construction and that are required to provide system capacity beyond a direct connection to existing infrastructure; (E) System-wide hydraulic or capacity modeling; (F) Projects requiring specialty engineering consultation; and (G) Projects in critical aquifer protection areas, where additional assessment is required. (d)(i) The time periods that a district has been reviewing an application under (c) of this subsection may not include any period in which the district is awaiting: (A) Approval or other authorization from a state or federal agency; (B) Right-of-way permits from the state or a local government; (C) Franchise utility coordination or relocation approval; (D) Final land use conditions, site layout decisions, or building design necessary to complete engineering review; or (E) Any other approvals required by state or federal law that are outside the authority of the district. (ii) The review period also does not include any period in which the district is awaiting revisions from the applicant in response to written review comments from the district. The period excluded under this subsection begins on the date the written comments are transmitted to the applicant and ends on the date the district receives revised materials that are responsive to those comments. After an initial period is excluded under this subsection, subsequent excluded periods are limited to those related to review comments arising from revised materials and may not reopen issues previously resolved unless required for public health, safety, or regulatory compliance. (iii) Nothing in this subsection (3) limits the authority of a district to issue additional comments if revised materials introduce new deficiencies or design changes. (e)(i) If a district does not provide written comments within the time periods established in (c) of this subsection, exclusive of any periods excluded under (d) of this subsection, the district must refund or forgo 20 percent of the fee that it collected or would have collected for its review of the application. (ii) Only that portion of the fee attributable to civil plan or infrastructure review under this section is subject to a refund. (iii) A district's failure to complete review within the applicable time period does not constitute approval of service. (f) Nothing in this subsection (3): (i) Expands or limits the substantive authority of a special purpose district or public utility district; (ii) Authorizes the imposition of requirements not otherwise authorized by law; (iii) Creates a cause of action for damages; or (iv) Requires provision of service that cannot be safely or legally delivered. (g) Districts subject to this section shall provide review performance information to a local government that referred the residential project permit application to the district if the local government is required to create a performance report under subsection (4) of this section. The information must include: (i) The date the referral was received; (ii) The date the referral was deemed complete; (iii) Whether the referral was for an application eligible for an extension of the initial time period as provided for in (c)(ii) of this subsection; (iv) The date that written comments were issued; and (v) Whether a refund was issued under (e) of this subsection. (4)(a) Counties subject to the requirements of RCW 36.70A.215 and the cities within those counties that have populations of at least 20,000 must, for each type of permit application, identify the total number of project permit applications for which decisions are issued according to the provisions of this chapter. For each type of project permit application identified, these counties and cities must establish and implement a deadline for issuing a notice of final decision as required by subsection (1) of this section and minimum requirements for applications to be deemed complete under RCW 36.70B.070 as required by subsection (1) of this section. (b) Counties and cities subject to the requirements of this subsection also must prepare an annual performance report that includes information outlining time periods for certain permit types associated with housing. The report must provide: (i) Permit time periods for certain permit processes in the county or city in relation to those established under this section, including whether the county or city has established shorter time periods than those provided in this section; (ii) The total number of decisions issued during the year for the following permit types: Preliminary subdivisions, final subdivisions, binding site plans, permit processes associated with the approval of multifamily housing, and construction plan review for each of these permit types when submitted separately; (iii) The total number of decisions for each permit type which included consolidated project permit review, such as concurrent review of a rezone or construction plans; (iv) The average number of days from a submittal to a decision being issued for the project permit types listed in (b)(ii) of this subsection. This shall be calculated from the day completeness is determined under RCW 36.70B.070 to the date a decision is issued on the application. The number of days shall be calculated by counting every calendar day; (v) The total number of days each project permit application of a type listed in (b)(ii) of this subsection was in review with the county or city. This shall be calculated from the day completeness is determined under RCW 36.70B.070 to the date a final decision is issued on the application. The number of days shall be calculated by counting every calendar day. The days the application is in review with the county or city does not include the time periods in *subsection (1)(g)(i) through (iii) of this section; (vi) The total number of days that were excluded from the time period calculation under *subsection (1)(g)(i) through (iii) of this section for each project permit application of a type listed in (b)(ii) of this subsection; and (vii) Any information received from a special purpose district or public utility district under subsection (3)(g) of this section. (c) Counties and cities subject to the requirements of this subsection must: (i) Post the annual performance report through the county's or city's website; and (ii) Submit the annual performance report to the department of commerce by March 1st each year. (d) No later than July 1st each year, the department of commerce shall publish a report which includes the annual performance report data for each county and city subject to the requirements of this subsection and a list of those counties and cities whose time periods are shorter than those provided for in this section. The annual report must also include key metrics and findings from the information collected. (e) The initial annual report required under this subsection must be submitted to the department of commerce by March 1, 2025, and must include information from permitting in 2024. (5) Nothing in this section prohibits a county or city from extending a deadline for issuing a decision for a specific project permit application for any reasonable and certain period of time specified and mutually agreed upon in writing by the applicant and the local government. If an applicant has agreed to extend the deadline for issuing a decision on a specific project permit application, then the provisions of subsection (1) of this section do not apply to the review of the project permit application. Such an extension may occur at any time prior to the denial of the project permit application or the exhaustion of the time period for review. No local government may require or request an extension of an applicable deadline for issuance of a decision for a specific project permit application as a condition or an option at initial submission of a project permit application. [ 2026 c 235 s 3; 2025 c 208 s 5; 2023 c 338 s 7; 2004 c 191 s 2; 2001 c 322 s 1; 1995 c 347 s 410; (1995 c 347 s 409 expired July 1, 2000); 1994 c 257 s 3. Formerly RCW 36.70A.065.] NOTES: *Reviser's note: RCW 36.70B.100 Designation of person or entity to receive determinations and notices. A local government may require the applicant for a project permit to designate a single person or entity to receive determinations and notices required by this chapter. [ 1995 c 347 s 414.] RCW 36.70B.110 Notice of application—Required elements—Integration with other review procedures—Administrative appeals. (1) Not later than April 1, 1996, a local government planning under RCW 36.70A.040 shall provide a notice of application to the public and the departments and agencies with jurisdiction as provided in this section. If a local government has made a threshold determination under chapter 43.21C RCW concurrently with the notice of application, the notice of application may be combined with the threshold determination and the scoping notice for a determination of significance. Nothing in this section prevents a determination of significance and scoping notice from being issued prior to the notice of application. Nothing in this section or this chapter prevents a lead agency, when it is a project proponent or is funding a project, from conducting its review under chapter 43.21C RCW or from allowing appeals of procedural determinations prior to submitting a project permit. (2) The notice of application shall be provided within 14 days after the determination of completeness as provided in RCW 36.70B.070 and, except as limited by the provisions of subsection (4)(b) of this section, must include the following in whatever sequence or format the local government deems appropriate: (a) The date of application, the date of the notice of completion for the application, and the date of the notice of application; (b) A description of the proposed project action and a list of the project permits included in the application and, if applicable, a list of any studies requested under RCW 36.70B.070; (c) The identification of other permits not included in the application to the extent known by the local government; (d) The identification of existing environmental documents that evaluate the proposed project, and, if not otherwise stated on the document providing the notice of application, such as a city land use bulletin, the location where the application and any studies can be reviewed; (e) A statement of the public comment period, which shall be not less than fourteen nor more than thirty days following the date of notice of application, and statements of the right of any person to comment on the application, receive notice of and participate in any hearings, request a copy of the decision once made, and any appeal rights. A local government may accept public comments at any time prior to the closing of the record of an open record predecision hearing, if any, or, if no open record predecision hearing is provided, prior to the decision on the project permit; (f) The date, time, place, and type of hearing, if applicable and scheduled at the date of notice of the application; (g) A statement of the preliminary determination, if one has been made at the time of notice, of those development regulations that will be used for project mitigation and of consistency as provided in RCW 36.70B.030(2) and 36.70B.040; and (h) Any other information determined appropriate by the local government. (3) If an open record predecision hearing is required for the requested project permits, the notice of application shall be provided at least fifteen days prior to the open record hearing. (4) A local government shall use reasonable methods to give the notice of application to the public and agencies with jurisdiction and may use its existing notice procedures. A local government may use different types of notice for different categories of project permits or types of project actions. If a local government by resolution or ordinance does not specify its method of public notice, the local government shall use the methods provided for in (a) and (b) of this subsection. Examples of reasonable methods to inform the public are: (a) Posting the property for site-specific proposals; (b) Publishing notice, including at least the project location, description, type of permit(s) required, comment period dates, and location where the notice of application required by subsection (2) of this section and the complete application may be reviewed, in the newspaper of general circulation in the general area where the proposal is located or in a local land use newsletter published by the local government; (c) Notifying public or private groups with known interest in a certain proposal or in the type of proposal being considered; (d) Notifying the news media; (e) Placing notices in appropriate regional or neighborhood newspapers or trade journals; (f) Publishing notice in agency newsletters or sending notice to agency mailing lists, either general lists or lists for specific proposals or subject areas; and (g) Mailing to neighboring property owners. (5) A notice of application shall not be required for project permits that are categorically exempt under chapter 43.21C RCW, unless an open record predecision hearing is required or an open record appeal hearing is allowed on the project permit decision. (6) A local government shall integrate the permit procedures in this section with environmental review under chapter 43.21C RCW as follows: (a) Except for a threshold determination and except as otherwise expressly allowed in this section, the local government may not issue a decision or a recommendation on a project permit until the expiration of the public comment period on the notice of application. (b) If an open record predecision hearing is required, the local government shall issue its threshold determination at least fifteen days prior to the open record predecision hearing. (c) Comments shall be as specific as possible. (d) A local government is not required to provide for administrative appeals of its threshold determination. If provided, an administrative appeal must be filed within fourteen days after notice that the determination has been made and is appealable. Except as otherwise expressly provided in this section, the appeal hearing on a threshold determination must be consolidated with any open record hearing on the project permit. (7) At the request of the applicant, a local government may combine any hearing on a project permit with any hearing that may be held by another local, state, regional, federal, or other agency, if: (a) The hearing is held within the geographic boundary of the local government; and (b) The applicant agrees to the schedule in the event that additional time is needed in order to combine the hearings. All agencies of the state of Washington, including municipal corporations and counties participating in a combined hearing, are hereby authorized to issue joint hearing notices and develop a joint format, select a mutually acceptable hearing body or officer, and take such other actions as may be necessary to hold joint hearings consistent with each of their respective statutory obligations. (8) All state and local agencies shall cooperate to the fullest extent possible with the local government in holding a joint hearing if requested to do so, as long as: (a) The agency is not expressly prohibited by statute from doing so; (b) Sufficient notice of the hearing is given to meet each of the agencies' adopted notice requirements as set forth in statute, ordinance, or rule; and (c) The agency has received the necessary information about the proposed project from the applicant to hold its hearing at the same time as the local government hearing. (9) A local government is not required to provide for administrative appeals. If provided, an administrative appeal of the project decision and of any environmental determination issued at the same time as the project decision, shall be filed within fourteen days after the notice of the decision or after other notice that the decision has been made and is appealable. The local government shall extend the appeal period for an additional seven days, if state or local rules adopted pursuant to chapter 43.21C RCW allow public comment on a determination of nonsignificance issued as part of the appealable project permit decision. (10) The applicant for a project permit is deemed to be a participant in any comment period, open record hearing, or closed record appeal. (11) Each local government planning under RCW 36.70A.040 shall adopt procedures for administrative interpretation of its development regulations. [ 2023 c 338 s 10. Prior: 1997 c 429 s 48; 1997 c 396 s 1; 1995 c 347 s 415.] NOTES: Severability— RCW 36.70B.120 Permit review process. (1) Each local government planning under RCW 36.70A.040 shall establish a permit review process that provides for the integrated and consolidated review and decision on two or more project permits relating to a proposed project action, including a single application review and approval process covering all project permits requested by an applicant for all or part of a project action and a designated permit coordinator. If an applicant elects the consolidated permit review process, the determination of completeness, notice of application, and notice of final decision must include all project permits being reviewed through the consolidated permit review process. (2) Consolidated permit review may provide different procedures for different categories of project permits, but if a project action requires project permits from more than one category, the local government shall provide for consolidated permit review with a single open record hearing and no more than one closed record appeal as provided in RCW 36.70B.060. Each local government shall determine which project permits are subject to an open record hearing and a closed record appeal. Examples of categories of project permits include but are not limited to: (a) Proposals that are categorically exempt from chapter 43.21C RCW, such as construction permits, that do not require environmental review or public notice; (b) Permits that require environmental review, but no open record predecision hearing; and (c) Permits that require a threshold determination and an open record predecision hearing and may provide for a closed record appeal to a hearing body or officer or to the local government legislative body. (3) A local government may provide by ordinance or resolution for the same or a different decision maker or hearing body or officer for different categories of project permits. In the case of consolidated project permit review, the local government shall specify which decision makers shall make the decision or recommendation, conduct the hearing, or decide the appeal to ensure that consolidated permit review occurs as provided in this section. The consolidated permit review may combine an open record predecision hearing on one or more permits with an open record appeal hearing on other permits. In such cases, the local government by ordinance or resolution shall specify which project permits, if any, shall be subject to a closed record appeal. [ 1995 c 347 s 416.] RCW 36.70B.130 Notice of decision—Distribution. A local government planning under RCW 36.70A.040 shall provide a notice of decision that also includes a statement of any threshold determination made under chapter 43.21C RCW and the procedures for administrative appeal, if any. The notice of decision may be a copy of the report or decision on the project permit application. The notice shall be provided to the applicant and to any person who, prior to the rendering of the decision, requested notice of the decision or submitted substantive comments on the application. The local government shall provide for notice of its decision as provided in RCW 36.70B.110(4), which shall also state that affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation. The local government shall provide notice of decision to the county assessor's office of the county or counties in which the property is situated. [ 1996 c 254 s 1; 1995 c 347 s 417.] RCW 36.70B.140 Project permits that may be excluded from review. (1) A local government by ordinance or resolution may exclude the following project permits from the provisions of RCW 36.70B.060 through 36.70B.080 and 36.70B.110 through 36.70B.130: Landmark designations, street vacations, or other approvals relating to the use of public areas or facilities, or other project permits, whether administrative or quasi-judicial, that the local government by ordinance or resolution has determined present special circumstances that warrant a review process or time periods for approval which are different from that provided in RCW 36.70B.060 through 36.70B.080 and 36.70B.110 through 36.70B.130. (2) A local government by ordinance or resolution also may exclude the following project permits from the provisions of RCW 36.70B.060 and 36.70B.110 through 36.70B.130: Lot line or boundary adjustments and other construction permits, or similar administrative approvals, categorically exempt from environmental review under chapter 43.21C RCW, or for which environmental review has been completed in connection with other project permits. (3) A local government must exclude project permits for interior alterations from site plan review, provided that the interior alterations do not result in the following: (a) Additional sleeping quarters or bedrooms; (b) Nonconformity with federal emergency management agency substantial improvement thresholds; or (c) Increase the total square footage or valuation of the structure thereby requiring upgraded fire access or fire suppression systems. (4) Nothing in this section exempts interior alterations from otherwise applicable building, plumbing, mechanical, or electrical codes. (5) For purposes of this section, "interior alterations" include construction activities that do not modify the existing site layout or its current use and involve no exterior work adding to the building footprint. [ 2025 c 102 s 2; 2023 c 338 s 1; 1995 c 347 s 418.] NOTES: RCW 36.70B.150 Local governments not planning under the growth management act may use provisions. A local government not planning under RCW 36.70A.040 may incorporate some or all of the provisions of RCW 36.70B.060 through * 36.70B.090 and 36.70B.110 through 36.70B.130 into its procedures for review of project permits or other project actions. [ 1995 c 347 s 419.] NOTES: *Reviser's note: RCW 36.70B.160 Additional project review encouraged—Additional measures for certain jurisdictions—Construction. (1) Each local government is encouraged to adopt further project review and code provisions to provide prompt, coordinated, and objective review and ensure accountability to applicants and the public by: (a) Expediting review for project permit applications for projects that are consistent with adopted development regulations or that include dwelling units that are affordable to low-income or moderate-income households; (b) Imposing reasonable fees, consistent with RCW 82.02.020, on applicants for permits or other governmental approvals to cover the cost to the city, town, county, or other municipal corporation of processing applications, inspecting and reviewing plans, or preparing detailed statements required by chapter 43.21C RCW. The fees imposed may not include a fee for the cost of processing administrative appeals. Nothing in this subsection limits the ability of a county or city to impose a fee for the processing of administrative appeals as otherwise authorized by law; (c) Entering into an interlocal agreement with another jurisdiction to share permitting staff and resources; (d) Maintaining and budgeting for on-call permitting assistance for when permit volumes or staffing levels change rapidly; (e) Having new positions budgeted that are contingent on increased permit revenue; (f) Adopting development regulations which only require public hearings for permit applications that are required to have a public hearing by statute; (g) Adopting development regulations which make preapplication meetings optional rather than a requirement of permit application submittal; (h) Adopting development regulations which make housing types an outright permitted use in all zones where the housing type is permitted; (i) Adopting a program to allow for outside professionals with appropriate professional licenses to certify components of applications consistent with their license; or (j) Meeting with the applicant to attempt to resolve outstanding issues during the review process. The meeting must be scheduled within 14 days of a second request for corrections during permit review. If the meeting cannot resolve the issues and a local government proceeds with a third request for additional information or corrections, the local government must approve or deny the application upon receiving the additional information or corrections. (2)(a) After January 1, 2026, a county or city must adopt additional measures under subsection (1) of this section at the time of its next comprehensive plan update under RCW 36.70A.130 if it meets the following conditions: (i) The county or city has adopted at least three project review and code provisions under subsection (1) of this section more than five years prior; and (ii) The county or city is not meeting the permitting deadlines established in RCW 36.70B.080 at least half of the time over the period since its most recent comprehensive plan update under RCW 36.70A.130. (b) A city or county that is required to adopt new measures under (a) of this subsection but fails to do so becomes subject to the provisions of RCW 36.70B.080(1)(l), notwithstanding RCW 36.70B.080(1)(l)(ii). (3) Nothing in this chapter is intended or shall be construed to prevent a local government from requiring a preapplication conference or a public meeting by rule, ordinance, or resolution, where otherwise required by applicable state law. (4) Each local government shall adopt procedures to monitor and enforce permit decisions and conditions. (5) Nothing in this chapter modifies any independent statutory authority for a government agency to appeal a project permit issued by a local government. (6) For the purposes of this section: (a) A dwelling unit is affordable if it requires payment of monthly housing costs, including utilities other than telephone, of no more than 30 percent of the family's income. (b) "Dwelling unit" means a residential living unit that provides complete independent living facilities for one or more persons and that includes permanent provisions for living, sleeping, eating, cooking, and sanitation, and that is sold or rented separately from other dwelling units. (c) "Low-income household" means a single person, family, or unrelated persons living together whose adjusted income is less than 80 percent of the median family income, adjusted for household size, for the county where the household is located, as reported by the United States department of housing and urban development, or less than 80 percent of the city's median income if the project is located in the city, the city has median income of more than 20 percent above the county median income, and the city has adopted an alternative local median income. (d) "Moderate-income household" means a single person, family, or unrelated persons living together whose adjusted income is at or below 120 percent of the median household income, adjusted for household size, for the county where the household is located, as reported by the United States department of housing and urban development, or less than 120 percent of the city's median income if the project is located in the city, the city has median income of more than 20 percent above the county median income, and the city has adopted an alternative local median income. [ 2026 c 235 s 5. Prior: 2023 c 338 s 8; 2023 c 333 s 2; 1995 c 347 s 420.] RCW 36.70B.170 Development agreements—Authorized. (1) A local government may enter into a development agreement with a person having ownership or control of real property within its jurisdiction. A city may enter into a development agreement for real property outside its boundaries as part of a proposed annexation or a service agreement. A development agreement must set forth the development standards and other provisions that shall apply to and govern and vest the development, use, and mitigation of the development of the real property for the duration specified in the agreement. A development agreement shall be consistent with applicable development regulations adopted by a local government planning under chapter 36.70A RCW, except that a development agreement with a regional transit authority established under chapter 81.112 RCW may set forth development standards that vary from otherwise applicable development regulations not involving compliance with the Americans with disabilities act in order to accommodate development of the facilities of the regional transit authority. (2) RCW 36.70B.170 through 36.70B.190 and section 501, chapter 347, Laws of 1995 do not affect the validity of a contract rezone, concomitant agreement, annexation agreement, or other agreement in existence on July 23, 1995, or adopted under separate authority, that includes some or all of the development standards provided in subsection (3) of this section. (3) For the purposes of this section, "development standards" includes, but is not limited to: (a) Project elements such as permitted uses, residential densities, and nonresidential densities and intensities or building sizes; (b) The amount and payment of impact fees imposed or agreed to in accorda