Washington Administrative Code Title 461 - Environmental and Land Use Hearings Office (Shorelines Hearings Board)
Washington Administrative Code (WAC) Title 461 covers the operations and procedures of the Shorelines Hearings Board (SHB), which is part of the Environmental and Land Use Hearings Office (ELUHO).
🔹 Overview of WAC Title 461: Shorelines Hearings Board
The Shorelines Hearings Board hears appeals related to decisions made under the Shoreline Management Act (RCW 90.58). This includes appeals of permits, penalty orders, or decisions made by local governments or the Department of Ecology.
📘 Key Functions of the SHB:
Review of local government decisions on:
Shoreline substantial development permits
Conditional use permits
Variance permits
Appeals of enforcement actions and civil penalties issued under the Shoreline Management Act.
Ensures compliance with state shoreline policies and environmental protection mandates.
⚖️ Key Chapters in WAC Title 461:
WAC 461-08 – Rules of Practice and Procedure
Governs how appeals are filed, served, and processed.
Covers prehearing procedures, motions, evidence, hearings, and decisions.
Includes timelines for appeals and definitions of jurisdiction.
WAC 461-08-305: Who may appeal and time limits
WAC 461-08-335: Filing and service requirements
WAC 461-08-555: Final orders and reconsideration procedures
WAC 461-08-001 to WAC 461-08-705 – Cover the full set of procedural rules for hearings.
🏛️ Legal Framework:
RCW 90.58 – Shoreline Management Act
The SHB is one of several quasi-judicial boards under the Environmental and Land Use Hearings Office (ELUHO), which also oversees:
Pollution Control Hearings Board (Title 371 WAC)
Growth Management Hearings Board (Title 242 WAC)
📍 Appeals Process Summary:
Filing a Notice of Appeal – Must be filed within 21 days of the decision.
Hearing – Usually includes a formal administrative law judge proceeding with evidence and legal arguments.
Decision Issued – SHB issues a final decision that may affirm, modify, or reverse the original decision.
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