County counsel explains closed-record appeal options in remanded geologically hazardous-site case

Skagit County counsel described to the Board of County Commissioners the procedures and legal standard that apply when the board considers a closed-record appeal of a remanded land-use decision involving a geologically hazardous coastal bluff.

Speaking during the meeting, counsel identified in the transcript as "Mr. Hoehn" said the hearing examiner is the principal decision maker in the initial land-use hearing and that the board's review on appeal is a closed-record appeal. He told commissioners their choices are limited: "Your options on this...are, to either, uphold, uphold the decision of the hearing examiner or to reverse the hearing examiner's decision or to remand it to the hearing examiner, with instructions," he said. Counsel explained that reversing the hearing examiner requires a finding that the decision was "clearly erroneous," a standard the courts have interpreted narrowly.

Counsel summarized the context: the matter, originally applied for in 2016, was remanded twice and concerns whether a proposed project adequately avoids or minimizes risk to life, property or critical areas under county code. He said the county's process is designed to provide an intermediate appeal to the commissioners and that further appeal is available through the courts via the Land Use Petition Act (LUPA).

No formal appeal decision is recorded in the transcript excerpt. Commissioners asked clarifying questions about the board's options; counsel's remarks were explanatory about process and legal standards rather than a ruling on the specific remanded matter.