A budgetary earmark passed by the 2012 Oregon legislature allows three southern Oregon counties to move forward with efforts to rezone local farm and forest lands for other uses. In order to rezone land, however, the counties must first convince the state’s land use commission that rural lands in southern Oregon are somehow different from… Continue Reading
Category Archives: Land Use
Subscribe to Land Use RSS Feed5th Circuit Upholds “Shot Clock” Ruling: FCC’s Time Limits for Processing Wireless Facility Siting Applications Remain in Force
Posted in Land UseIn the first major challenge to the FCC’s November 18, 2009 Declaratory Ruling establishing timelines for state and local government to act on wireless facility siting applications, commonly known as the “Shot Clock” ruling, the 5th Circuit Court of Appeals has denied and dismissed petitions for review brought by two Texas cities, Arlington and San… Continue Reading
Lay of the Land — Permits: Hope for the best, prepare for an appeal
Posted in Land UseAs originally published in the Daily Journal of Commerce There are some good tidings for developers even in the gloom of a sluggish economy. Permit turnaround times are generally quick in local planning departments, and many contractors, builders and design professionals are eager to take on new projects at competitive prices. Barring any financing issues,… Continue Reading
Why You Should Get to Know the Portland Plan
Posted in Land UseAs originally published in the Daily Journal of Commerce The Portland Plan is coming, and people who recall the River Plan, which the city of Portland enacted last year, will find this one familiar. Like the River Plan, this new plan has been developed through a bottom-up planning process. This involved several years of community… Continue Reading
New Water Rights May Be Available from Sullivan Lake Water Release
Posted in Land UseThe Washington State Department of Ecology announced today that beginning in late 2012, up to 9,400 acre feet of water to be released from Sullivan Lake in Northeast Washington will become available for new water rights in Pend Oreille, Ferry, Lincoln, Stevens, Okanogan and Douglas counties. Additional amounts of released water will be available to… Continue Reading
Seattle Landlords’ Energy Efficiency Reports Due Oct. 3, 2011 or April 1, 2012
Posted in Land UseAuthored by: Clayton Graham and Jim Greenfield Many Seattle landlords and other building owners will soon need to begin reporting on the energy efficiency of their buildings. As reported in DWT’s Northwest Real Estate Blog last year, a Seattle ordinance passed in connection with the state’s Efficiency First! Act requires many Seattle building owners to… Continue Reading
Washington Supreme Court: Statute Limiting Developer Charges Does Not Apply to Local Shoreline Master Programs
Posted in Land UseThe Washington Supreme Court recently removed one vehicle for developers to challenge requirements imposed under local governments’ shoreline regulations. In Citizens for Rational Shoreline Planning (CRSP) v. Whatcom County, the Court considered whether regulations in the County’s Shoreline Master Program (“SMP”) could be challenged under a provision of RCW 82.02.020 which generally prohibits any local government… Continue Reading
Nonconforming Use Will Not Be Recognized if Established by a Trespasser
Posted in Land UseA recent Court of Appeals decision has limited the situations in which courts will allow a “nonconforming use”—that is, a use that was legal when it was established but is no longer permitted under current local land use regulations (sometimes referred to as “grandfathered”). Many local land use codes allow nonconforming uses to continue subject… Continue Reading
Washington State Legislature Extends the Time Period for Final Plat Approval
Posted in Land UseIn Substitute Senate Bill 6544, the 2010 legislature extended the time period for submitting final plats for approval by cities and counties from five years to seven years. This extension went into effect on June 10, 2010, and sunsets on December 31, 2014. It appears to apply to all preliminary plats approved prior to the… Continue Reading
Washington Supreme Court Raises the Bar for Establishing Boundary by Acquiescence
Posted in Land UseWhen a boundary line dispute arises between neighboring property owners, one claim that is commonly asserted—along with adverse possession, estoppel in pais, and a few other legal bases for boundary adjustment—is “mutual recognition and acquiescence” in a common boundary. A recent opinion from the Washington Supreme Court (Merriman v. Cokeley) has refined the standard that… Continue Reading
Local Development Standards to Be Modified to Comply with Endangered Species Act
Posted in Land UseAuthored by Clayton P. Graham and James A. Greenfield In a development of great interest to owners of property in or near floodplains, many local jurisdictions in Washington state will soon begin updating their floodplain development regulations to comply with new federal requirements. As discussed in a post on Davis Wright Tremaine’s Real Estate Blog,… Continue Reading
FEMA’s Revised Flood Maps to Affect Development, Availability of Flood Insurance in Western Washington
Posted in Land UseAuthored by: Craig Gannett and Clayton P. Graham Landowners and developers across Western Washington will be affected by floodplain map revisions that the Federal Emergency Management Agency (FEMA) plans to carry out in the coming months. These map updates are part of FEMA’s administration of the National Flood Insurance Program (NFIP), and changes in map… Continue Reading
Seattle Landmarks Preservation Ordinance Survives Constitutional Challenge
Posted in Land UseAuthored by: Jim Greenfield and Clayton Graham This week, the Division One Court of Appeals filed its opinion in the case of Connor v. City of Seattle, which addressed a challenge to the application of Seattle’s Landmarks Preservation Ordinance (LPO) to certain homeowners’ (the Connors) residential property in West Seattle. When the Connors bought the property,… Continue Reading
City and County Governments Authorize Permit Extensions for Active Development Projects
Posted in Construction, Land UseThis post is authored by: Clayton Graham & Thomas Goeltz Landowners and developers in Washington state should be aware of a spate of recent legislation aimed at prolonging the life of active land development permits. Developers who request these extensions in a timely manner could effectively extend the life of their development approvals—including certain building… Continue Reading
Building Code Violations – Penalties Struck Down as Unconstitutional
Posted in Land UseIn a recent opinion linked here—Post v. Tacoma, the Washington Supreme Court struck down a number of building code violation penalties that the City of Tacoma had assessed against a property owner. The City assessed numerous fines against the owner (Post) based on the condition of a some of his properties in the City. The… Continue Reading
Washington Supreme Court: Vested Development Rights Not Triggered by Site Plan Application
Posted in Land UseThe scope of Washington’s vested rights doctrine—which has constitutional, common law, and statutory underpinnings—has been the subject of a longstanding debate. Under this doctrine, certain development projects may be subject to the land development laws in effect on the date that a complete building permit application is submitted, despite later changes in the law. Whether… Continue Reading
New Rules Soon for Condos, Communities (Part 2)
Posted in Land UsePreviously, in our September 3 post, we talked about how Senate Bill 963 impacts the governance of condominium associations and planned communities. For an outline of some of the other changes that SB 963 brings about, read the full Daily Journal of Commerce article (Part 2).
New Law Will Affect Condos, Communities
Posted in Land UseOn June 30, Oregon Gov. Ted Kulongoski signed Senate Bill 963 into law. This bill, set to go into effect on Jan. 1, 2010, makes major changes to the Oregon Condominium Act (ORS Chapter 100) and the Oregon Planned Community Act (ORS Chapter 94). Following is an overview of the changes ahead for people dealing… Continue Reading
Refusal to Process Permits Held Unconstitutional Burden on Religious Freedoms
Posted in Land UseIn a recent en banc opinion, City of Woodinville v. Northshore United Church, et al. the Supreme Court of Washington held that the City’s "total refusal" to process a land use application for a homeless encampment on Church property violated the Washington state constitution. The City had refused to process a temporary use permit submitted… Continue Reading
Keeping Costs Down On Land Survey
Posted in Land UseWe recently met with some surveyors, who passed on the following tips for keeping costs down on land surveys: In order for them to provide a realistic price quote, they need to see copies of the property title report, the prior survey (if you have it), and the lender’s survey requirements (including the form of… Continue Reading
Seattle Shoreline Master Program Update–Shoreline Characterization Report Shows “Impaired” Shorelines in the City
Posted in Land UseSeattle’s Department of Planning and Development (DPD) is currently updating the City’s Shoreline Master Program, which regulates land use and development on and near the City’s shorelines. As a part of this update, which is slated for completion around December 2010, the City has carried out a comprehensive study of the relative health of Seattle’s… Continue Reading
Appealability of Stop Work Orders under LUPA
Posted in Land UseA recent Division One Court of Appeals case, Heller Building, LLC v. City of Bellevue, addresses when the issuance of a “stop work order” will be considered an appealable land use decision under Washington’s Land Use Petition Act (LUPA), Chapter 36.370C, RCW. In the Heller case, the City of Bellevue had issued a building permit… Continue Reading
How to Know What Permits Are Required for a Washington Land Development Project
Posted in Land UseIf you have ever wondered what environmental and land use approvals and permits are required for a land development project located within the state of Washington, especially a complex project involving multiple agencies and permits, then you should know about the”Environmental Permit Handbook,” a very useful website that neatly describes and organizes many federal, state,… Continue Reading
Washington Court of Appeals Strikes Down King County Rural Clearing Limits
Posted in Land UseIn a decision that is certain to cause a few ripples in city and county planning departments, Division I of the Court of Appeals held that a King County Ordinance which limits clearing on property zoned rural area residential to a maximum of 50 percent, depending on the size of the parcel, violates RCW 82.02.020…. Continue Reading
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