Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGLO 1979 NO. 13 > Mar 6 1979

The provisions of RCW 64.32.110, a section of the horizontal property regimes act (condominiums) of 1963, have no effect on local police power regulations which do not relate to zoning (e.g., building codes) ‑- as distinguished from the pertinent provisions of local zoning codes themselves.

AGO 1992 NO. 20 > Sep 8 1992

1.  RCW 76.09.060(3) provides that a forest practices application shall indicate whether any land covered by the application will be converted or is intended to be converted to a use other than commercial timber production within three years after completion of the forest practices described in it.  If the application does not state conversion is intended, for six years after the date of the application, a local government may deny all applications for permits or approvals relating to nonforestry uses of land subject to the application.  2.  If a prior landowner did not indicate an intention to convert land to a use other than commercial timber production, RCW 76.09.060 empowers a local government to deny application for permits or approvals relating to nonforestry uses of land subject to the application filed by a subsequent owner of the land for six years after the date of the application by the prior landowner. 3.  If a local government does not exercise its authority to deny applications for permits or approvals relating to nonforestry uses of land pursuant to RCW 76.09.060, a new landowner may convert the land to a use incompatible with timber growing, assuming such a change is lawful in other respects.  4.  If a local government does not exercise its authority to deny applications for permits or approvals relating to nonforestry uses of land pursuant to RCW 76.09.060, a new forest practices application is necessary if the activity is a forest practice for which a forest practices application is required.

AGO 1992 NO. 25 > Oct 20 1992

1.  RCW 70.128.175(2) provides that adult family homes shall be permitted uses in all areas zoned for residential or commercial purposes.  This statute preempts local zoning ordinances that prohibit the location of an adult family home within a certain distance of other similar facilities. 2.  The State licenses residential care facilities, other than adult family homes.  The fact that the State licenses these facilities does not in and of itself preempt local zoning ordinances that prohibit the location of such facilities within a certain distance of other similar facilities.

AGO 1963 NO. 69 > Nov 18 1963

There is no statutory requirement that the entire text of a proposed revised zoning plan, including official controls, be published (1) prior to the hearing before the planning commission; or (2) prior to the public meeting at which the official controls are adopted by the board of county commissioners.

AGLO 1976 NO. 72 > Nov 24 1976

A state agency is not required to comply with the provisions of a local (county or city) zoning code.

AGLO 1975 NO. 82 > Sep 25 1975

RCW 43.22.410 does not restrict the ability of a first class city, in exercising its constitutional and statutory powers with respect to zoning, to prohibit the placement of mobile homes within certain designated areas of the city.

AGO 1955 NO. 112 > Jul 12 1955

A city or county may not enact restrictive zoning ordinances or resolutions without appointing a planning commission and complying with statutory procedure.

AGO 1953 NO. 182 > Dec 14 1953

There may be partial or piecemeal zoning of a county under RCW 36.43.020, but license fees within any class must be equal.

AGO 1954 NO. 278 > Jun 24 1954

A county ordinance imposing a classified density control in a residence district (R-1) of the county is constitutional.

AGO 1954 NO. 298 > Aug 13 1954

Zoning of building heights near an airport is a proper exercise of the police power.