Whatcom County v. W. Wash. Growth Mgmt. Hr'gs Bd., 186 Wn. 2d 648

Summary

The Washington Supreme Court reviewed a challenge to Whatcom County's comprehensive plan and zoning regulations under the Growth Management Act. The court held that the County could not presume water availability for permit-exempt wells merely because the Department of Ecology had not expressly closed an area to such appropriations. The court reversed the Court of Appeals in part and remanded for further proceedings.

Holdings

1. The Growth Management Act requires counties to ensure that water is factually and legally available before approving building permits or subdivisions, including those relying on permit-exempt wells. A county may not presume water is available merely because Ecology has not expressly closed a basin to permit-exempt appropriations.
2. The County's rural element did not comply with the GMA requirement to protect water quality because it lacked effective protective measures throughout the rural area and relied on inadequate septic-system inspection policies.
3. The Board did not abuse its discretion by finding noncompliance and remanding for corrective action rather than declaring the County's comprehensive plan invalid.

Questions Presented

1. Whether Whatcom County's comprehensive plan and zoning regulations complied with the Growth Management Act's requirements to protect surface-water and groundwater availability when they relied on the Nooksack Rule and allowed permit-exempt wells without a case-specific determination of water availability.
2. Whether the County's rural element complied with the Growth Management Act's requirement to protect water quality.
3. Whether the Growth Management Hearings Board abused its discretion by declining to declare the County's comprehensive plan or regulations invalid after finding noncompliance.

Disposition

reversed_and_remanded