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SUBJECTS › LEGAL › Vested Rights
Reviewed 07/09

Vested Rights

Contents

Introduction

In Washington State, the vested rights doctrine "refers generally to the notion that a land use application, under the proper conditions, will be considered only under the land use statutes and ordinances in effect at the time of the application's submission." Noble Manor v. Pierce County, 133 Wn.2d 269, 275 (1997). The doctrine was originally applied by the state supreme court and in a different manner than is applied in a majority of states, where it is invoked only when substantial development has occurred in reliance on an issued permit. See Hull v. Hunt, 53 Wn.2d 125, 128-30 (1958). The rationale for the Washington courts rejecting the majority approach and applying the doctrine upon permit application is to provide certainty and predictability in land use regulations. West Main Assocs. Inc. v. City of Bellevue, 106 Wn.2d 47, 51 (1986) ("Society suffers if property owners cannot plan developments with reasonable certainty, and cannot carry out the developments they begin.") The Washington approach is, according to the courts, based on "constitutional principles of fairness and due process, acknowledging that development rights are valuable and protected property interests." Weyerhaeuser v. Pierce County, 95 Wn. App. 883, 891 (1999).

In general, for vested rights to apply, the land use application must:

  • Be sufficiently complete,
  • Comply with existing zoning ordinances and other land use control ordinances, and
  • Be filed during the effective period of the zoning and other land use control ordinances under which the developer seeks to develop.

Valley View Indus. Park v. Redmond, 107 Wn.2d 621, 638 (1987).

The right to continue a nonconforming use despite a zoning ordinance that prohibits that use in that zone is sometimes referred to as a vested right. Rhod-A-Zalea v. Snohomish County, 136 Wn.2d 1, 6 (1998). Though, this right in the context of a nonconforming use refers only to the right not to have the use immediately terminated in the face of a zoning ordinance that prohibits it. Id.

Statutory Application of Doctrine

The legislature has codified the vested rights doctrine as applied to:

  • Building permit applications (RCW 19.27.095):
    A valid and fully complete building permit application for a structure, that is permitted under the zoning or other land use control ordinances in effect on the date of the application shall be considered under the building permit ordinance in effect at the time of application, and the zoning or other land use control ordinances in effect on the date of application.
  • Subdivision applications (RCW 58.17.033):
    A proposed division of land, as defined in RCW 58.17.020, shall be considered under the subdivision or short subdivision ordinance, and zoning or other land use control ordinances, in effect on the land at the time a fully completed application for preliminary plat approval of the subdivision, or short plat approval of the short subdivision, has been submitted to the appropriate county, city, or town official.
  • Development agreements (RCW 36.70B.180):
    A development agreement and the development standards in the agreement govern during the term of the agreement, or for all or that part of the build-out period specified in the agreement, and may not be subject to an amendment to a zoning ordinance or development standard or regulation or a new zoning ordinance or development standard or regulation adopted after the effective date of the agreement.

Common Law Application of Doctrine

The courts have applied the doctrine to the following:

The courts have held that vested rights do not apply to:

In addition, the courts have held with respect to the vested rights doctrine:

  • Vested rights are not waivable; developer cannot selectively benefit from old and new regulations (East County Reclamation Co. v. Bjornsen, 125 Wn. App. 432, review denied, 155 Wn.2d 1005 (2005)).
  • Vested rights survive annexation (Schneider Homes v. City of Kent, 87 Wn. App. 774, 781 (1997), review denied, 134 Wn.2d 1021 (1998)).
  • Submission of a completed plat/short plat application vests the developer with the right to both divide the property and to develop it in the manner disclosed in the application in accordance with the land use and zoning laws in effect on the date of submission of the application (Noble Manor v. Pierce County, 133 Wn.2d 269 (1997)).
  • Preapplication procedures that delay the vesting point until well after a developer first applies for project approval and that reserve almost unfettered ability to change ordinances in response to a developer's proposals violate the vested rights doctrine (West Main Assocs. v. Bellevue, 106 Wn.2d 47 (1986)).
  • Vested rights apply regardless of the existence of an enacted but not yet effective zoning change (Allenbach v. City of Tukwila, 101 Wn.2d 193, 197 (1984)).

Reference Sources

Ordinance/Code Provisions

"Within the parameters of the doctrine established by statutory and case law, municipalities are free to develop vesting schemes best suited to the needs of a particular locality." Erickson & Assocs., Inc. v. McLerran, 123 Wn.2d 864, 873 (1984).

  • Vested Right Rules
    • Bellevue Municipal Code, § 20.40.500, Vesting and expiration of vested status of land use permits and approvals
    • Blaine Municipal Code, § 17.06.080, Vesting of applications
    • Chelan County Code, § 14.08.040, Application vesting
    • Everett Municipal Code, Ch. 15.28, Vested Rights
    • Ephrata Municipal Code, § 19.04.160.o, Vesting of Rights
    • Marysville Municipal Code, § 19.50.035, Vesting (conditional use permit)
    • Mount Vernon Municipal Code, § 15.40.140, Vesting
    • Pierce County Code, Ch. 18.160, Vesting
    • Redmond Community Development Guide, § 20F.10.60, Vesting
    • Sultan Municipal Code, § 16.28.480, Vesting
    • Tumwater Municipal Code, Ch. 15.44, Vesting of Development Rights
    • Whatcom County Code, § 20.04.031, Vesting of permits
    • Woodinville Municipal Code, § 21.40.035, Vesting
  • Defining "Complete Application" for Vesting Purposes
    • Burlington Municipal Code, § 15.16.010, Building permit application - Consideration - Requirements
    • Edmonds Municipal Code, § 19.00.015, Fully complete application

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