Washington Administrative Code Title 242 - Environmental and Land Use Hearings Office (Growth Management Hearings Board)

Washington Administrative Code (WAC) Title 242 covers the Environmental and Land Use Hearings Office, specifically the Growth Management Hearings Board (GMHB). Here's a concise summary of its purpose and contents:

Title 242 – Environmental and Land Use Hearings Office (Growth Management Hearings Board)

Overview:

Title 242 outlines the procedures and rules governing the operations of the Growth Management Hearings Board (GMHB), which operates under the Environmental and Land Use Hearings Office (ELUHO). The GMHB is responsible for adjudicating disputes related to Washington’s Growth Management Act (GMA), Shoreline Management Act, and State Environmental Policy Act (SEPA) in relation to land use planning by state and local governments.

Key Chapters and Topics:

WAC 242-01 – Practice and Procedure

Defines terms, filing requirements, and procedural timelines.

Establishes rules for:

Petition for review

Service of process

Motions practice

Prehearing conferences

Hearings and evidence

Board decisions

Provides for electronic filing and public access to records.

Jurisdiction and Powers

The Board hears and decides petitions challenging the compliance of comprehensive plans or development regulations with:

The Growth Management Act (RCW 36.70A)

Shoreline Management Act (RCW 90.58) in certain cases

SEPA in connection with GMA actions.

Board Composition and Panels

The GMHB operates with three regional panels (Eastern Washington, Central Puget Sound, Western Washington).

Each panel is assigned cases based on geographic area.

Final Decisions and Appeals

Decisions are issued within statutory timeframes (typically 180 days).

Final orders can be appealed to superior court under the Administrative Procedure Act (RCW 34.05).

Purpose and Use:

This title provides a legal framework for resolving land use planning disputes involving state and local governments, offering a structured administrative path before matters go to court.

 

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