 Senate Bill 5290 - Frequently Asked Questions
Senate Bill 5290, passed by the Washington State Legislature in 2023, introduces significant amendments to the Local Project Review Act, specifically targeting improvements in project application review and permitting processes. This legislation amends RCW 36.70B and impacts permit types, timelines, and refund policies. These changes take effect beginning January 1, 2025. Please read further for responses to some Frequently Asked Questions (FAQ).
Q: WHAT ARE THE NEW TIMELINES?
A: SB 5290 establishes new timelines for local governments to process permit applications.
Review Timelines: The bill sets maximum time limits for local governments to issue final decisions on applications:
- 65 days for Type 1 or permits not requiring public notice,
- 100 days for Type 2 or permits with public notice requirements.
- 170 days for Type 3 or permits requiring public notice and public hearing.
These timelines are calculated using calendar days rather than business days.
Review authority table from Kitsap County Code details permits by Type.
Q: WHAT PERMITS ARE AFFECTED?
A: Currently, land use and environmental permits are specified in the bill. Building permits are not currently interpreted as being affected; however, clarification from the legislature or a decision by the Attorney General is expected.
Q: WHAT IF THE PERMIT WAS APPLIED FOR BEFORE JANUARY 1, 2025, AND IS ALREADY IN QUEUE?
A: New regulations requiring permit review timelines go into effect beginning 1/1/25. Rest assured, your permit is in process and will continue to be worked on by our technical review staff.
Q: WHEN DOES THE TIMELINE CLOCK BEGIN?
A: The clock begins when payment has been made, and the applicant receives an email that their submission has been accepted as complete.
Q: WILL THE CLOCK RUN STRAIGHT THROUGH?
A: The clock stops at information requests, or when an applicant chooses to suspend their application.
Q: WILL YOU BE GIVING REFUNDS FOR TIMELINES THAT ARE NOT MET?
A: One of the key provisions of SB 5290 is the requirement for local governments to refund a portion of permit fees if they fail to meet the established timelines.
Exemptions from Refunds: Local governments can avoid these refunds if they implement at least three optional measures aimed at streamlining their project review processes as outlined in RCW 36.70B.160(1). These measures may include sharing resources with other jurisdictions or limiting public hearings to those required by law.
Kitsap County is exempt from refunds due to the adoption of multiple measures as outlined in RCW 36.70B.160(1) including imposing reasonable fees – accomplished through special revenue fund, maintaining and budgeting on-call permitting assistance for surges in permitting volumes – accomplished through contracts with 3rd party reviewers, and not requiring certain meetings like pre-application conferences.
Permit Review Efficiency Process (PREP) and 5290
Kitsap County continues to be committed to bringing predictable timelines to the permit application review process. Learn more about the new 2x6 process for land use and development permits by visiting the PREP Program website.
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