Washington State Court of Appeals Holds Vested Permit Applications Are Not Subject to New Municipal Stormwater Requirements
By Michael A. Nesteroff
The development community won a victory in Division Two of the Washington State Court of Appeals in a ruling that excludes pending permit applications from the new low-impact development stormwater regulations that large Washington cities and counties were to have adopted last summer. In overruling a decision by the Pollution Control Hearings Board, a divided panel of the Court of Appeals said the new regulations cannot be imposed on building projects where permit applications were submitted while the old rules were still in effect. Thus, the Municipal Phase I Stormwater Permit in effect from 2013 to 2018 (2013 Permit) applies only to those completed building applications submitted after July 1, 2015.
For more information, please contact the Environmental Practice Group at Lane Powell: