HomeMy WebLinkAboutNotice to Applicants - PLN General - 9/6/1996 GARY YANDO,DIRECTOR
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o A°u N DEPARTMENT OF COMMUNITY DEVELOPMENT
r S T E PLANNING -SOLID WASTE -UTILITIES
N Y y BLDG. I • 411 N. 51 ST. • P.O. BOX 578
1864 SHELTON,WA 98584 • (360) 427-9670
NOTICE TO APPLICANTS
On September 6, 1996, the Western Washington Growth Management Hearings Board issued an
Order Re: Finding of Invalidity and Second Finding of Compliance and Continued Noncompliance
regarding Case No. 95-2-0073, Deihl vs. Mason County. This order was confirmed in response
to petitions for reconsideration by order of the Hearings Board on October 2, 1996. However,
the Hearings Board order was overturned, in part, by the Superior Court in case #96 2 00734 3,
at a hearing on November 4, 1996.
The Growth Management Hearings Board order invalidates a portion of the Mason County Interim
Resource Ordinance. The portion invalidated affects land use and permits for those lands adjacent
to wetlands, as designated in 17.01.070. This section addresses the vegetative area around
wetlands. The vegetative area helps to protect the wetlands.
Copies of the Hearings Board orders are available for review at the reception counters of the
Department of Community Development, the Building Department, and the Environmental Health
Department. All permit applicants are encouraged to review these orders carefully as they may
affect the legal rights of any application filed after September 6, 1996.
HOW WILL THIS AFFECT YOU? All permit and/or development applications submitted to
Mason County after the date of the Growth Management Hearings Board order (after September
6, 1996) are subject to this order. Until the county is able to revise the section that has been
invalidated and until that revision is approved by the Hearings Board, the legal status of
applications can not be ascertained. In addition, the order has been challenged in Superior Court.
The Mason County Board of Commissioners has directed county staff to continue to accept and
process permit applications, provided that for any application that might be affected, the applicants
sign the attached disclaimer acknowledging the current status and agreeing to hold the county
harmless if changes to the county's development regulations are later made which make the
county's permitting actions invalid.
WHAT IS THE COUNTY DOING ABOUT THIS? The county has begun the process of
amending the Interim Resource Ordinance in response to the Hearings Board Order. The county
has 120 days from the date of the order to comply. After action by the county, the Hearings
Board must determine that the invalid section complies with the Growth Management Act. The
current situation is a temporary one, but it is unclear how long it may continue.
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