Eastern Washington Growth Management Legal Maneuvering
The May Building Insight Magazine from the Building Industry Association of Washington (BIAW) has, on page 4, an article about a court case where the Eastern Washington Growth Board ruled that Kittitas County’s development regulations violate the Growth Management Act because they allow rural densities of one home per three acres.
The Seattlebased left wing environmental group, Futurewise, has taken its anti-growth agenda over the mountains into central Washington. The group filed two lawsuits against Kittitas County within the last year alleging the County’s regulations violate the Growth Management Act (GMA). Although originally successful before the Eastern Washington Growth Management Hearings Board, Futurewise’s luck has come to a temporary end.
That’s because the Kittitas County Superior Court this month handed BIAW and Central Washington Home Builders Association (CWHBA) a major victory. The Court granted CWHBA and BIAW’s motion to stay (suspend) the Growth Board‘s decision that had struck down Kittitas County’s development regulations.
The issues? Apparently both lawsuits are about whether Kittitas County allows too much growth outside its urban growth areas (Futurewise believes that they do). In March, the Growth Board issued a ruling against Kittitas County’s development regulations claiming they violate the GMA because they allow rural densities of one home per three acres. The Growth Board decision was that three acres zoning is “urban in nature” and that any density greater than one house per five acres are an automatic violation of GMA. Excerpted from the BIAW article:
The Growth Board reached this strained reading of the GMA despite the fact the Act contains no bright line rule setting a maximum rural density.
In reaching its decision the Growth Board issued the harshest remedy in its arsenal, ruling Kittitas County’s development regulations are invalid. A finding of invalidity under the GMA means the development regulations are null and void on the date the Growth Board issues its decision. This ruling had the practical effect of imposing a building moratorium.
The BIAW and North Central Washington Home Builders were able to the decision to Superior Court and filed a motion to stay the Growth Board’s decision while the case was on appeal. The stay was obtained and they did have to prove that they were likely to prevail on appeal to obtain the stay. So, while the case is not over, it is indicative of the types of issues we may see with planning in Chelan County.
How does this impact us? Locally, we have a Manson Sub-Area Plan Wenatchee looking at growth in the foothills and the Chelan Valley Sub-Area Plan underway right now. In the Manson Sub-Area Plan there has been a “citizen’s proposal” to push a higher percentage of the population into the rural areas. There is a public open house on the Chelan Valley Sub-Sub Area Plan right before the Tax Forum on the 24th. Hopefully we won’t have these types of issues in Chelan county, but I’m sure Kittitas County did not intend to be in such a position either.
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