Washington Administrative Code Title 242 - Environmental and Land Use Hearings Office (Growth Management Hearings Board)
Overview of WAC Title 242
WAC Title 242 governs the procedures and operations of the Environmental and Land Use Hearings Office (ELUHO), specifically focusing on the Growth Management Hearings Boards (GMHBs) in Washington State.
The ELUHO is the administrative office that supports these boards, which are quasi-judicial bodies created to resolve disputes related to land use and growth management planning under the Washington State Growth Management Act (GMA).
Purpose of the Growth Management Hearings Boards (GMHBs)
The GMHBs review local government actions, plans, and regulations to ensure compliance with the GMA.
They provide a forum for citizens, governments, and other stakeholders to challenge or defend comprehensive plans, development regulations, and other land use decisions.
The goal is to promote sustainable growth, environmental protection, and coordinated land use planning.
Structure Covered Under WAC Title 242
1. The Environmental and Land Use Hearings Office (ELUHO)
ELUHO provides administrative support for three Growth Management Hearings Boards: Eastern, Western, and Central.
It handles filing, records management, scheduling, and communication between parties.
Ensures that hearings are conducted fairly and efficiently.
2. Growth Management Hearings Boards (GMHBs)
Each GMHB covers a specific geographic area in Washington State.
Boards consist of appointed members who review petitions challenging local land use decisions.
They have authority to issue rulings, interpretations, and orders.
Key Components of WAC Title 242
1. Filing Petitions and Jurisdiction
Procedures for filing petitions challenging comprehensive plans, development regulations, or other growth management issues.
Time limits for filing petitions after local government actions.
Jurisdictional requirements defining what types of decisions or plans can be reviewed by the boards.
2. Hearing Procedures
Rules on how hearings are scheduled and conducted.
Guidelines on evidence submission, discovery, and pre-hearing motions.
Procedures for public participation and representation (including self-representation or legal counsel).
Rules on the form and content of written briefs and oral arguments.
3. Decision-Making Process
Criteria used by boards to determine compliance or non-compliance with the Growth Management Act.
Standards of review for challenged actions.
Process for issuing final decisions, including findings of fact and conclusions of law.
Procedures for modifying or reconsidering decisions.
4. Appeals and Enforcement
Instructions on how parties may appeal GMHB decisions to the Washington State Supreme Court.
Enforcement mechanisms for board rulings.
Procedures if a local government fails to comply with a board decision.
5. Administrative Operations
Roles and responsibilities of ELUHO staff and board members.
Ethical standards and conflict of interest policies for board members.
Record-keeping, confidentiality, and public records access.
Fee schedules for filing petitions and other services.
Importance of WAC Title 242
Ensures transparency and fairness in resolving land use disputes.
Supports the implementation and enforcement of Washington’s Growth Management Act.
Helps balance local government authority with statewide growth planning goals.
Provides a clear legal framework for how environmental and land use hearings are conducted.
Summary
WAC Title 242 establishes the procedural rules for the Environmental and Land Use Hearings Office and the Growth Management Hearings Boards in Washington State. It covers everything from how petitions are filed and hearings conducted to decision-making and appeals related to land use and growth management under the state’s Growth Management Act. This framework ensures that land use planning is fair, consistent, and in line with state law.
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