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Published on Friday, January 20, 2017

Significant vesting bill up for consideration

On January 24 at 1:30 the Senate Local Government Committee will hear SB 5212 which attempts to overturn the Snohomish County vs. PCHB case which held that stormwater development regulations do not “vest” because they are required by state law and are not adopted as a matter of local discretion. In attempt to address this the bill language is simply states that projects vest to “land use control ordinances enacted for the purpose of complying with state law.” We have initial concerns that this is overly broad and may invite more litigation.

We would welcome feedback on both the technical drafting question as well as to whether the policy is appropriate. Please share feedback with Carl Schroeder.

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