What is a “Petition for Review,” and where, when and how is one filed? 
A Petition for Review, or “Petition” as it is called in the GMA, is an appeal that is filed with a Growth Management Hearings Board. (Click to see the RCW version of the GMA or a more detailed version on the CTED site.) 

RCW 36.70A.290 provides the mechanism for filing a petition. The petition must identify the action that is being appealed. Actions subject to a petition for review include initial adoption or amendments of the following by a city or a county legislative body:¹

• the designation of resource lands and critical areas;
• regulations to conserve resource lands and protect critical areas;
• countywide planning policies;
• the designation of urban growth areas; and
• a comprehensive plan, development regulation (e.g., zoning, subdivision ordinances, etc.), or shoreline master program.

In addition, a petition may challenge the growth management planning population projections issued by the state Office of Financial Management.

The petition must be filed within 60 days of the publication of the action by the legislative body of a city or county, and must be filed in the office of the appropriate board, as well as with the appropriate official in the respondent city or county. In addition, a failure by a city or county to adopt a GMA-required enactment by a statutory deadline may be subject to a petition for review at any time.

How long will a Board take to make a Decision on a Petition?
A board is required to issue a final decision and order within 180 days of the filing of a petition. If the parties to a case request additional time to settle the dispute, a board may extend this deadline. RCW 36.70A.300. All or part of a case could be dismissed relatively quickly if the board determines that it lacks subject matter jurisdiction or the parties lack standing.

Who has legal “standing” to file such an appeal?
RCW 36.70A.280(2) lists explicit criteria for standing to file a petition. Generally, a petition may be filed by the state, counties, cities, groups or individuals who have participated orally or in writing on the matter being appealed. Those who have been certified by the Governor to file an appeal, or are able to demonstrate standing under the Administrative Procedure Act (Chapter 34.05 RCW) also have standing. 

What legal standard will a board use in reviewing the legislative action subject to the petition?
The local government action is presumed valid upon adoption. The petitioner has the burden to overcome this presumption. The board will defer to the local government decision, so long as it complies with the goals and requirements of the GMA. The board will find compliance unless it determines that the action by the state agency, county or city is clearly erroneous in view of the entire record before the board, and in light of the goals and requirements of the GMA (RCW 36.70A.320(3). 

What information will a board use as its basis for making decisions?
A board bases its decision on the record developed by the local government or state agency, supplemented with additional information as the board determines is necessary (RCW 36.70A.290(4)). Further, the board will consider the procedural criteria established by the DCTED. The procedural criteria are found at Chapter 365-195 WAC. Copies are also available from:

CTED - Growth Management Services
P.O. Box 42525
Olympia, WA 98504-2525
or call (360) 725-3000 or send email to tammyw@cted.wa.gov

The Boards’ Administrative Rules of Practice and Procedure are found at Chapter 242-02 WAC. Copies may also be obtained from this web site or from any of the three regional board offices.

Can local government actions on specific development proposals be appealed to a board?
No. The scope of the board’s review authority includes the adoption or amendment of comprehensive plans, shoreline master programs and land use regulations of cities and counties, rather than the specific development applications that are processed under those adopted comprehensive plans, shoreline programs and regulations. 

Can a board reverse a decision made by a local government?
Yes, if following review, the board determines that the petitioner has proved that the challenged plan or regulation does not comply with the goals and requirements of the Act. In such cases, the board issues an order remanding the matter to the local government and establishing a deadline for compliance. Also, if the petitioner establishes, and the board determines, that the plan or regulation would substantially interfere with fulfillment of GMA goals, it may invalidate, or strike down, all or part of the local enactment. 

Are there other consequences for not complying with the GMA?
Yes. In addition to finding noncompliance and remanding, or possibly invalidating, the local enactment, a board may also recommend to the Governor that sanctions be imposed on the non-compliant local government. These could include withholding local government revenues including the motor vehicle fuel tax, the Urban Arterial Trust Account, the sales and use tax, the liquor excise tax and real estate excise tax. Only the Governor decides if, when, and which of such sanctions will be imposed or removed.

¹Visit the website of the Municipal Research & Services Center of Washington to access the state's largest collection of municipal reference materials, with over 12,000 volumes. Materials available include copies of city and county ordinances, municipal codes, budgets, financial reports, studies, zoning codes, and comprehensive plans.