Committee hears debate on SB 5719 to require hearing examiners for land‑use decisions

A legislative committee heard testimony March 19 on substitute Senate Bill 5719, which would require counties and cities planning under the Growth Management Act to adopt hearing‑examiner systems that make final decisions on quasi‑judicial land‑use matters.

Kellen Rance, staff to the committee, told members the bill would require jurisdictions planning under the GMA and cities over 2,000 people to adopt a hearing‑examiner system by mid‑2027 (timing tied to a jurisdiction’s comprehensive‑plan update). Under the bill, examiners would issue final decisions on plat approvals, variances, conditional uses and other quasi‑judicial permits within 10 business days of a hearing and provide written findings explaining how the decision aligns with the comprehensive plan.

Proponents from the building industry, homebuilders and planning groups said the change would make permitting more predictable and reduce politically driven delays. Andrea Smiley of the Building Industry Association of Washington said faster permitting can cut carrying costs for developers; she estimated a conservative savings of about "$1,100 per week" if decisions move more quickly. Jen Kovitz of Hayden Homes testified that inconsistent approval processes across jurisdictions create inefficiencies and legal risk that increase costs for homebuyers.

"Hearing examiners can provide clear, objective and legally sound decisions based on the policy and laws that are already set by the legislative body," Kovitz said.

Representatives of planning and builder associations argued the bill restores legislative bodies to policy‑making while assigning adjudicative duties to trained professionals. Joe Tobar of the Washington chapter of the American Planning Association said examiners apply adopted standards consistently and can speed decisions while preserving avenues for appeal.

But county officials and planners raised practical concerns. Curtis Steinhardt of the Association of Washington Counties said many small, rural counties already struggle to recruit hearing examiners; Whitman County, he said, relies on an outside examiner who travels only periodically. He and others urged amendments to exempt small counties or allow examiners to provide recommendations rather than final decisions in jurisdictions that cannot sustain a full examiner system.

"We have one small rural county that has been looking for an examiner for two years," Steinhardt said, urging the committee to consider workforce and cost impacts on smaller jurisdictions.

Testimony addressed a fallback provision in the bill that would allow a local planning director or planning official to act temporarily as an examiner when no contracted examiner is available. Some members, including the chair, said they opposed placing that quasi‑judicial responsibility on planning directors, citing conflicts and politicization; witnesses said interlocal contracting and use of regional examiners were short‑term options while workforce capacity improves.

The committee took no vote; it opened and closed the public hearing and heard public comment from builders, planning officials and county representatives. The bill also authorizes local jurisdictions to recover reasonable costs through application fees and requires findings and conclusions to explain consistency with local comprehensive plans.

The committee closed the hearing on SB 5719 and concluded its business for the day.