Section 461-08-505. Legal criteria.

(1) In deciding upon a petition for review brought pursuant to RCW 90.58.180 (1) and (2) the board shall make its decision considering the following legal criteria:

(a) Consistency with the requirements of chapter 43.21C RCW, the State Environmental Policy Act.

(b) From June 1, 1971, until such time as an applicable master program has become effective, whether the action of the local government unit is consistent with:

(i) The policy of RCW 90.58.020; and

(ii) The guidelines and regulations of the department; and

(iii) So far as can be ascertained the master program being developed for the area.

(c) After adoption or approval, as appropriate, by the department of an applicable master program, whether the action of the local government is consistent with the applicable master program and the provisions of chapter 90.58 RCW, and the department's implementing regulations.

(2) Evidence that is material and relevant to determination of the matter consistent with the standards set out in subsection (1) of this section, subject to these rules, shall be admitted into the record whether or not such evidence had been submitted to the local government unit.

[Statutory Authority: RCW 90.58.175. WSR 02-06-010, § 461-08-505, filed 2/22/02, effective 3/25/02; WSR 96-15-002, § 461-08-505, filed 7/3/96, effective 8/3/96.]

RCW 90.58.175. WSR 02-06-010, § 461-08-505, filed 2/22/02, effective 3/25/02; WSR 96-15-002, § 461-08-505, filed 7/3/96, effective 8/3/96.