Wash. Rev. Code » Title 43 · Chapter 43.21C

Wash. Rev. Code § 43.21C.060

Find cases: SyfertCases citing this section WA-LEGapp.leg.wa.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar
The policies and goals set forth in this chapter are supplementary to those set forth in existing authorizations of all branches of government of this state, including state agencies, municipal and public corporations, and counties. Any governmental action may be conditioned or denied pursuant to this chapter: PROVIDED, That such conditions or denials shall be based upon policies identified by the appropriate governmental authority and incorporated into regulations, plans, or codes which are formally designated by the agency (or appropriate legislative body, in the case of local government) as possible bases for the exercise of authority pursuant to this chapter. Such designation shall occur at the time specified by RCW 43.21C.120. Such action may be conditioned only to mitigate specific adverse environmental impacts which are identified in the environmental documents prepared under this chapter. These conditions shall be stated in writing by the decision maker. Mitigation measures shall be reasonable and capable of being accomplished. In order to deny a proposal under this chapter, an agency must find that: (1) The proposal would result in significant adverse impacts identified in a final or supplemental environmental impact statement prepared under this chapter; and (2) reasonable mitigation measures are insufficient to mitigate the identified impact. Except for permits and variances issued pursuant to chapter 90.58 RCW, when such a governmental action, not requiring a legislative decision, is conditioned or denied by a nonelected official of a local governmental agency, the decision shall be appealable to the legislative authority of the acting local governmental agency unless that legislative authority formally eliminates such appeals. Such appeals shall be in accordance with procedures established for such appeals by the legislative authority of the acting local governmental agency.
[ 1983 c 117 s 3; 1977 ex.s. c 278 s 2; 1971 ex.s. c 109 s 6.]
Notes of Decisions
Cited in 57 cases, 1973–2020 · leading case: Cougar Mountain Associates v. King County
Sort: Relevance Newest Treatment
Cougar Mountain Associates v. King County (1988) wash · cites it 10× “Any denial must be based "upon policies identified by the appropriate governmental authority and incorporated into regulations, plans, or codes which are formally designated by the agency".”
Brinnon Group v. Jefferson County (2011) washctapp · cites it 8× “” RCW 43.21C.060. SEPA does not require the County to remand these conditions for public comment.”
Maranatha Mining, Inc. v. Pierce County (1990) washctapp · cites it 6× “[9] RCW 43.21C.060; PCC 17.08.170(C); Cougar Mt.”
Polygon Corp. v. City of Seattle (1978) wash · cites it 4× “060, which establishes that the policies and goals of SEPA are supplementary to existing authorizations, was amended by the addition of the proviso which significantly limits the government's authority to condition or deny action.”
Leschi Improvement Council v. Washington State Highway Commission (1974) wash · cites it 6× “(RCW 43.21C.060) In Calvert Cliffs' Coordinating Comm.”
Levine v. Jefferson County (1991) wash · cites it 6× “The court also held that the Board had failed to satisfy procedural requirements of RCW 43.21C.060, i.e., the Board had failed to cite in writing either the agency's policies underlying the mitigative restrictions or the specific environmental *578 impacts sought to be mitigated.”
West Main Associates v. City of Bellevue (1987) washctapp · cites it 7× “RCW 43.21C.060; WAC 197-11-660; BCC 22.02.”
Pleas v. City of Seattle (1989) wash · cites it 2× “" Though a vested right fixes the ordinances with which a building permit and subsequent development must comply, SEPA gives a municipality discretion to deny an application because of adverse environmental impacts *812 even if the project meets all other local requirements.”
Prisk v. City of Poulsbo (1987) washctapp · cites it 4× “" RCW 43.21C.060. Such action by a municipality is subject to the following additional requirements: the impacts must be identified in the environmental documents prepared under SEPA; the conditions imposed must be stated in writing by the decisionmaker; and the condition must…”
Nickum v. City of Bainbridge Island (2009) washctapp · cites it 2× “f 16 Subsection (2) of WAC 197-11-680 states that “RCW 43.21C.060 allows an appeal to a local legislative body of any decision by a local nonelected official conditioning or denying a proposal under authority of SEPA.”
Eastlake Community Council v. Roanoke Associates, Inc. (1973) wash · cites it 3× “Furthermore, the act expressly provides that it is "supplementary" to existing authorizations (RCW 43.21C.060) and that all branches of government are to review their present statutory authority to determine, in part, whether they are consistent with the act so that…”
Nickum v. City of Bainbridge Island (2009) washctapp · cites it 2× “¶ 16 Subsection 2 of WAC 197-11-680 states that "RCW 43.21C.060 allows an appeal to a local legislative body of any decision by a local nonelected official conditioning or denying a proposal under authority of SEPA.”
Show all 57 citing cases →
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.