By Mike Pattison, Snohomish County Manager
In December 2016, the Washington state Supreme Court struck a blow to vesting rights when it ruled that newly adopted stormwater regulations do not vest. The Court let stand a window for certain projects to remain vested. The new stormwater regulations will apply to all applications submitted after July 1, 2015 and projects approved prior to July 1, 2015 which have not started construction by June 30, 2020.
The case, Snohomish County, et al. v. Pollution Control Hearings Board, will severely impact applications that have been submitted to a jurisdiction but are not yet approved. The opinion eliminates vesting for environmental regulations mandated by the state, including stormwater.
MBA member Duana Koloušková of Johns Monroe Mitsunaga and Koloušková, testifying on behalf of SB 5212 at a Senate Local Government Committee hearing on Jan. 24, 2017
An editorial by MBA President Mike Walsh was recently published in The Herald discussing the case and explaining why vesting is so important to the homebuilding industry.
While there is no ability for local government to overcome the decision with local legislation, King and Snohomish counties are currently petitioning the Court to reconsider and clarify some of the opinion.
Further, there is a proposal before the Washington State Legislature, Senate Bill 5212, that would restore vesting rights.
For more information, contact Snohomish County Manager Mike Pattison, 425.460.8203.