(1) Counties and cities planning under the act are required to adopt procedures for fair and timely review of project permits under RCW 36.70B.020(4), such as subdivisions, binding site plans, planned unit developments, conditional uses, site-specific rezones which do not require a comprehensive plan amendment and other permits or other land use actions. The project permitting procedures implement goal seven of the act. Under RCW 36.70A.020(7), applications for both state and local government permits should be processed in a timely and fair manner.

(2) Consolidated permit review process.

(a) Counties and cities must adopt a permit review process that provides for consolidated review of all permits necessary for a proposed project action. The permit review process must provide for the following:

(i) A consolidated project coordinator for a consolidated project permit application;

(ii) A consolidated determination of completeness;

(iii) A consolidated notice of application;

(iv) A consolidated set of hearings; and

(v) A consolidated notice of final decision that includes all project permits reviewed through the consolidated permit review process.

(b) The many different types of permits administered by counties and cities can generally be grouped into project permit categories, for example:

(i) Permits that do not require environmental review or public notice, and may be administratively approved;

(ii) Permits that require environmental review, but do not require a public hearing; and

(iii) Permits that require environmental review and/or a public hearing, and may provide for a closed record appeal.

(c) Local project review procedures should address, at a minimum, the following for each category of permit:

(i) Requirements for a complete application;

(ii) How the county or city will provide notice of application;

(iii) Who makes the final decision;

(iv) How long local project review is likely to take;

(v) What fees and charges will apply, and when an applicant must pay fees and charges;

(vi) How to appeal the decision;

(vii) Whether a preapplication conference is required;

(viii) A determination of consistency; and

(ix) Requirements for provision of notice of decision.

(d) A project permit applicant may apply for individual permits separately.

(3) Counties and cities may, by ordinance or resolution, exclude some permit types from these procedures. Excluded permit types may include:

(a) Actions relating to the use of public areas or facilities such as landmark designations or street vacations;

(b) Actions categorically exempt from environmental review, or for which environmental review has already been completed, such as lot line or boundary adjustments, and building and other construction permits, or similar administrative approvals; or

(c) Other project permits that the local government has determined present special circumstances.

(4) Project permits may, by ordinance or resolution, exclude some permit types from time periods for approval.

(5) Interior alteration is defined as construction activities that do not modify the existing site layout or its current use and involve no exterior work adding to the building footprint.

(a) Counties and cities must exclude project permits for interior alterations from site plan review if the criteria in RCW 36.70B.140(3) are met.

(b) Interior alterations must still comply with applicable building, mechanical, plumbing, or electrical codes.

(6) RCW 36.70A.470 prohibits project review conducted under chapter 36.70B RCW from being used as a comprehensive planning process. Except when considering an application for a major industrial development under RCW 36.70A.365, counties and cities may not consolidate project permit review with review of proposals to amend the comprehensive plan, even if the comprehensive plan amendment is site-specific. Counties and cities may not combine a project permit application with an area-wide rezone or a text amendment to the development regulations, even if proposed along with a project permit application.

(7) Consolidated project coordinator.

(a) Counties and cities should appoint a single project coordinator for each consolidated project permit application.

(b) Counties and cities should require the applicant for a project permit to designate a single person or entity to receive determinations and notices about a project permit application as authorized by RCW 36.70A.100.

(8) Determination of complete application.

(a) A project permit application is complete for the purposes of this section when it meets the county or city procedural submission requirements and is sufficient for continued processing, even if additional information is required, or if the project is subsequently modified.

(b) The development regulations must specify, for each type of permit application, what information a permit application must contain to be considered complete. This may vary based on the type of permit.

(c) For more complex projects, counties and cities are encouraged to use preapplication meetings to clarify the project action and local government permitting requirements and review procedures. Counties and cities may require a preapplication conference.

(d) Within 28 days of receiving a project permit application, counties and cities must provide to the applicant a written determination that must state either:

(i) The application is complete; or

(ii) The application is 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.

(iii) The number of days shall be calculated by counting every calendar day.

(e) A project permit application is complete when it meets the procedural submission requirements of the local government as outlined in the project permit application. 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.

(f) 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.

(g) The application is deemed procedurally complete on the 29th day after receiving a project permit application if the county or city does not provide the applicant with a written determination that the application is procedurally incomplete. The local government may still seek additional information or studies when a written determination is not provided.

(h) The determination of completeness may include or be combined with a preliminary determination of consistency, a preliminary determination of development regulations that will be used for project mitigation, the notice of application pursuant to RCW 36.70B.110 or other information the local government chooses to include.

(i) A determination of completeness or a request for more information necessary for a complete application is required within 14 days of the applicant providing additional requested information.

(j) A notice of application shall be provided within 14 days after the determination of completeness. If the project permit requires an open record predecision hearing, the county or city must provide the notice of application at least 15 days before the open record hearing.

(9) Notice of application. The notice of application shall be provided to the public and the departments and agencies with jurisdiction over the project permit application.

(a) The notice of application must include:

(i) The date of application, the date of the notice of completion, and the date of the notice of application;

(ii) A description of the proposed project action, a list of the project permits included in the application and a list of any required studies;

(iii) The identification of other permits not included in the application that the proposed project may require, to the extent known by the county or city;

(iv) The identification of existing environmental documents that evaluate the proposed project;

(v) The location where the application and any studies can be reviewed;

(vi) A preliminary determination, if one has been made at the time of notice, of which development regulations will be used for project mitigation and of project consistency as provided in RCW 36.70B.040 and chapter 365-197 WAC;

(vii) Any other information determined appropriate by the local government;

(viii) A statement of the public comment period, which shall not be less than 14 days or more than 30 days, following the date of the notice of application. The statement must explain the following:

(A) A statement of the right of any person to comment on the application;

(B) How to comment on the application;

(C) How to receive notice of and participate in any hearings on the application;

(D) How to request and obtain a copy of the decision once made; and

(E) Any rights to appeal the decision.

(ix) If the project requires a hearing or hearings, and they have been scheduled by the date of the notice of application, then the notice must specify the date, time, place, and type of any hearings required for the project.

(10) How to provide notice of application.

(a) A county or city may provide notice using reasonable methods for different types of project actions or categories of project permits.

(b) Project review procedures should specify, as minimum requirements, how to provide notice for each type of permit. Counties and cities may use a variety of methods for providing notice. However, if the local government does not specify how it will provide public notice, it shall use the methods specified in RCW  36.70B.110 (4)(a) and (b). Examples of reasonable methods of providing notice are:

(i) Posting notice at the property for site-specific proposals;

(ii) Publishing notice in written media such as in the newspaper of general circulation in the general area where the proposal is located, in appropriate regional or neighborhood newspapers, trade journals, agency newsletters or sending notice to agency mailing lists, either general lists or lists for specific proposals or subject areas, or in a local land use newsletter published by the local government;

(iii) Notifying public or private groups with known interest in a certain proposal or in the type of proposal being considered;

(iv) Notifying the news media;

(v) Mailing to neighboring property owners;

(vi) Posting the application and other documentation using electronic media such as an email and a website.

(11) The notice of application comment period.

(a) Must be at least 14 days and no more than 30 days from the date of notice of application.

(b) A county or city may accept public comments:

(i) Any time before the record closes for an open record predecision hearing; and

(ii) Any time before the decision on the project permit if no open record predecision hearing is provided.

(12) Project review timelines.

(a) Counties and cities must establish and implement a permit process time frame for review of each type of project permit application, and for consolidated permit applications, and must provide timely and predictable procedures for review. The time periods for county or city review of each type of complete application should not exceed those specified in this section.

(b) County and city development regulations must, for each type of project permit application, specify contents for a complete application necessary to determine compliance with time periods and procedures.

(c) Counties and cities may exclude certain project permit types and timelines for processing permit applications as provided for in RCW 36.70B.140.

(d) Time periods for local government action to issue a final decision for each type of complete project permit application or project type should not exceed the following timelines:

(i) For project permits which do not require a notice of application (under RCW 36.70B.110): 65 days from determination of completeness;

(ii) For project permits which require public notice (under RCW 36.70B.110): 100 days from the determination of completeness;

(iii) For project permits which require public notice (under RCW 36.70B.110) and a public hearing: 170 days from the determination of completeness.

(e) Counties and cities may add permit types not identified, change permit names or type in each category, address how consolidated review times may be different than permits submitted individually and provide for how projects of a certain size or type may be differentiated, including differentiating between residential and nonresidential permits. For projects subject to consolidated review the final decision shall be subject to the longest applicable permit time period identified in (d)(i),(ii), and (iii) of this subsection, or to a longer time period if the time periods have been amended by the local government.

(f) If a local government does not adopt an ordinance or resolution modifying the timelines for final decisions, then the time periods in (d)(i),(ii), and (iii) 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 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 and the day when responsive information is resubmitted by the applicant;

(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; and

(iii) 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.

(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 subject to this section.

(j) 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.

(k) 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.

(l) Annual amendments to the comprehensive plan are not subject to the requirements of this section.

(m) A county or city 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 by providing for a review period of more than 170 days for any project permit.

(n) When permit time periods, as may be amended or extended, are not met, a portion of the permit fee must be refunded to the applicant as provided in this subsection.

(i) 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.

(ii) The portion of the fee refunded for missing time periods shall be:

(A) Ten 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) Twenty 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.

(iii) Except as provided in RCW 36.70B.160, the provisions in (n) of this subsection are not applicable to counties and cities which have implemented at least three of the options in RCW 36.70B.160 (1)(a) through (j) (section 8, chapter 338, Law of 2023) at the time an application is deemed procedurally complete.

(13) Hearings. Where multiple permits are required for a single project, counties and cities must allow for consolidated permit review as provided in RCW  36.70B.120(1). Counties and cities must determine which project permits require hearings. If hearings are required for certain permit categories, then the review process must provide for no more than one consolidated open record hearing and one closed record appeal. An open record appeal hearing is only allowed for permits in which no open record hearing is provided prior to the decision. Counties and cities may combine an open record hearing on one or more permits with an open record appeal hearing on other permits. Hearings may be combined with hearings required for state, federal, or other permits hearings provided that the hearing is held within the geographic boundary of the local government and the state or federal agency is not expressly prohibited by statute from doing so.

(14) Project permit decisions. A county or city may provide for the same or a different decision maker, hearing body, or officer for different categories of project permits. The consolidated permit review process must specify which decision maker must make the decision or recommendation, conduct any required hearings or decide an appeal to ensure that consolidated permit review occurs as provided in this section.

(15) Notice of decision.

(a) The notice of decision must include the following:

(i) A statement of any SEPA threshold determination;

(ii) An explanation of how to file an administrative appeal (if provided) of the decision; and

(iii) A statement that the affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation.

(b) The notice of decision should also include:

(i) Any findings on which the final decision was based;

(ii) Any conditions of permit approval conditions or required mitigation; and

(iii) The permit expiration date, where applicable.

(c) Notice of decision may be in the form of a copy of the report or decision on the project permit application, provided it meets the minimum requirements for a notice of decision.

(d) How to provide notice of decision. A local government may provide notice in different ways for different types of project permits depending on the size and scope of the project and the types of permit approval included in the project permit. Project review procedures should specify as minimum requirements, how to provide notice for each type of permit. Examples of reasonable methods of providing notice of decision are:

(i) Posting the property for site-specific proposals;

(ii) Publishing notice in written media such as in the newspaper of general circulation in the general area where the proposal is located, in appropriate regional or neighborhood newspapers, trade journals, agency newsletters or sending notice to agency mailing lists, either general lists or lists for specific proposals or subject areas, or in a local land use newsletter published by the county or city;

(iii) Notifying public or private groups with known interest in a certain proposal or in the type of proposal being considered;

(iv) Notifying the news media;

(v) Mailing to neighboring property owners;

(vi) Providing notice and posting the application, decision, and other documentation using electronic media such as email and a website;

(vii) Placing notices in appropriate regional or neighborhood newspapers or trade journals; or

(viii) Publishing notices in agency newsletters or sending notice to agency mailing lists, either general lists or lists for specific proposals or subject areas.

(e) Counties and cities must provide a notice of decision to the following:

(i) The project applicant;

(ii) Any person who requested notice of decision;

(iii) Any person who submitted substantive comments on the application; and

(iv) The county assessor's office of the county or counties in which the property is situated.

(16) Appeals. A county or city is not required to provide for administrative appeals for project permit decisions. However, where appeals are provided, procedures should allow for no more than one consolidated open record hearing, if not already held, and one closed-record appeal. Provisions should ensure that appeals are to be filed within 14 days after the notice of final decision and may be extended to 21 days to allow for appeals filed under chapter  43.21C RCW.

(17) Monitoring permit decisions. Each county and city shall adopt procedures to monitor and enforce permit decisions and conditions such as periodic review of permit provisions, inspections, and bonding provisions.

(18) A county or city is not prohibited from extending a deadline for issuing a decision for a specific project permit application for any reasonable period of time mutually agreed upon by the applicant and the county or city.

(19) Counties and cities are encouraged to adopt further project review and code provisions to provide prompt, coordinated review and ensure accountability to applicants and the public with actions that:

(a) Expedite review for project permit applications for projects that are consistent with adopted development regulations;

(b) Impose 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) Enter into interlocal agreements with other counties or cities to share permitting staff and resources;

(d) Maintain and budget for on-call permitting assistance for when permit volumes or staffing levels change rapidly;

(e) Budget new positions contingent on increased permit revenue;

(f) Adopt development regulations which only require public hearings for permit applications that are required to have a public hearing by statute;

(g) Adopt development regulations which make preapplication meetings optional rather than a requirement of permit application submittal;

(h) Adopt development regulations which make housing types an outright permitted use in all zones where the housing type is permitted;

(i) Adopt a program to allow for outside professionals with appropriate professional licenses to certify components of applications consistent with their license; or

(j) Meet 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.

(20) Adoption of additional measures.

(a) After January 1, 2026, a county or city must adopt additional measures under subsection (19) 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 (19) 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 county or city 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).

(21) Code interpretation. Project permitting procedures must include adopted procedures for administrative interpretation of development regulations.

(22) Development agreements. Counties and cities are authorized by RCW 36.70B.170(1) to enter into voluntary contractual agreements to govern the development of land and the issuance of project permits. These are referred to as development agreements.

(a) Purpose. The purpose of development agreements is to allow a county or city and a property owner/developer to enter into an agreement regarding the applicable regulations, standards, and mitigation that apply to a specific development project after the development agreement is executed.

(i) If the development regulations allow some discretion in how those regulations apply or what mitigation is necessary, the development agreement specifies how the county or city will use that discretion. Development agreements allow counties and cities to combine an agreement on the exercise of their police power with the exercise of their powers to enter contracts.

(ii) Development agreements must be consistent with applicable development regulations adopted by a county or city. Development agreements do not provide means of waiving or amending development regulations that would otherwise apply to a project.

(iii) Counties and cities may not use development agreements to impose impact fees, inspection fees, or dedications, or require any other financial contribution or mitigation measures except as otherwise expressly authorized, and consistent with the applicable development regulations.

(b) Parties to the development agreement. The development agreement must include, as a party to the agreement, the person who owns or controls the land subject to the agreement. Development agreements may also include others, including other agencies with permitting authority or service providers. Counties and cities may enter into development agreements outside of their boundaries if the agreement is part of a proposed annexation or service agreement.

(c) Content of a development agreement. The development agreement must set forth the development standards and other provisions that apply to, govern, and vest the development, use, and mitigation of the development of the real property for the duration of the agreement. These may include, but are not limited to:

(i) Project elements such as permitted uses, residential densities, and intensity of commercial or industrial land uses and building sizes;

(ii) The amount and payment of fees imposed or agreed to in accordance with any applicable laws or rules in effect at the time, any reimbursement provisions, other financial contributions by the property owner, inspection fees, or dedications;

(iii) Mitigation measures, development conditions, and other requirements under chapter  43.21C RCW;

(iv) Design standards such as maximum heights, setbacks, drainage and water quality requirements, landscaping, and other development features;

(v) Affordable housing;

(vi) Parks and open space preservation;

(vii) Phasing;

(viii) Review procedures and standards of implementing decisions;

(ix) A build-out or vesting period for applicable standards; and

(x) Any other appropriate development requirement or procedure.

(d) The effect of development agreements. Development agreements may exercise a county or city authority to issue permits or its contracting authority. Once executed, development agreements are binding between the parties and their successors, including a city that assumes jurisdiction through incorporation or annexation of the area covering the property covered by the development agreement. The agreement grants vesting rights to the proposed development consistent with the development regulations in existence at the time of execution of the agreement. A permit approval issued by the county or city after the execution of the development agreement must be consistent with the development agreement. A development agreement may obligate a party to fund or provide services, infrastructure, or other facilities. A development agreement may not obligate a county or city to adopt subsequent amendments to their comprehensive plans or development regulations, or otherwise delegate legislative powers. Any such amendments must still be adopted by the legislative body following all applicable procedural requirements.

(e) A development agreement must reserve authority to impose new or different regulations to the extent required by a serious threat to public health and safety.

(f) Procedures.

(i) These procedural requirements are in addition to and supplemental to the procedural requirements necessary for any actions, such as rezones, street vacations or annexations, called for in a development agreement. Development agreements may not be used to bypass any procedural requirements that would otherwise apply. Counties and cities may combine hearings, analyses, or reports provided the process meets all applicable procedural requirements;

(ii) Only the county or city legislative authority may approve a development agreement;

(iii) A county or city must hold a public hearing prior to executing a development agreement. The public hearing may be conducted by the county or city legislative body, planning commission or hearing examiner, or other body designated by the legislative body to conduct the public hearing; and

(iv) A development agreement must be recorded in the county where the property is located.

(23) Nothing in RCW 36.70B.080 prohibits a county or city from extending a deadline for issuing a decision for a specific project permit application for any reasonable period of time mutually agreed upon by the applicant and the local government.