Why did the Legislature create Growth Management Hearings Boards?

Rather than have GMA disputes proceed directly to superior court, the legislature created the boards. The boards “hear and determine” allegations that a city, county or state agency has not complied with the goals and requirements of the Growth Management Act (GMA), and related provisions of the Shoreline Management Act (SMA) and the State Environmental Policy Act (SEPA). RCW 36.70A.280. (Click to see the RCW version of the GMA or a more detailed version on the CTED site.) 

Do the Boards, or any other state agency, have to “approve” or “certify” the plans and development regulations adopted by a city or county government? 

No. Unlike other states, Washington does not require that a state agency approve or certify every locally adopted plan or development regulation. However, the GMA does require that, 60 days before local adoption, any proposed plan or regulation be forwarded to the Department of Community, Trade and Economic Development (DCTED) for review and comment, but not approval. After DCTED comment, a local government may adopt the plan or regulation.

The GMA provides for state review by a growth management hearings board only when a Petition for Review is filed, as described below.

What is the Role of a GMA Hearings Board?

The role of a board is that of a quasi-judicial panel. It reviews local actions only when a “Petition for Review” is filed – initiating what is informally called a “case.” Because disputes often center on conflicting views of the meaning of various GMA provisions, a board may need to interpret the Act, clarifying ambiguities and reconciling apparent internal conflicts. It is the board’s role, in those instances where a petition for review is filed, to determine if the local policy choice or action complies with the goals and requirements of the GMA. 

Does a Board always hear and decide a case once a petition has been filed?

No. A number of GMA disputes have been resolved short of a final determination by a board, because the parties reached a settlement on their own or through mediation. The boards encourage such alternative dispute resolution efforts and are available to assist in mediating GMA disputes. Contact the appropriate board office if you would like to find out more about this process.

Who serves on the Growth Management Hearings Boards?

The GMA requires the Governor to appoint three people to each board. It also requires that at least one attorney and one former local elected official serve on each board. Each board member must reside within the region for which his or her board has jurisdiction and be qualified by experience or training in land use matters. No more than two members may reside in the same county nor be from the same political party. RCW 36.70A.260. Brief biographies of current board members are available from the offices of each board.