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Commissioners adopt resolution: informal planning correspondence does not create land‑use rights
Summary
Washington County commissioners unanimously adopted a resolution clarifying that informal administrative correspondence from planning staff does not amend county code or create land‑use or subdivision rights; the resolution directs staff to apply the Washington County Code and becomes effective 30 days after adoption.
The Board of County Commissioners of Washington County on July 6 adopted a resolution clarifying that informal administrative correspondence from county planning and administrative personnel does not amend, waive, or create rights under the Washington County Code.
Commissioner Nate Marvin read the resolution into the record, saying the measure affirms that "County ordinances control" land‑use, zoning, subdivision, permitting and development matters and that prior administrative letters or emails should not be relied on as creating development entitlements. Marvin moved to adopt the resolution; Commissioner Jim Harberd seconded the motion. Commissioners Gordon Wilkerson, Jim Harberd and Nate Marvin voted "Aye," and the motion carried.
The resolution, which the board said will be made available to the public, defines "Administrative Correspondence" to include informal letters, memoranda, and similar staff communications and states that such correspondence "shall not constitute an amendment, waiver, exception, modification, or authoritative interpretation of the Washington County Code." It also directs county staff to administer and enforce the Code according to its terms and instructs the Planning and Zoning Administrator to provide notice of the resolution "when reasonably practical." The resolution becomes effective 30 days after adoption.
The board also noted the resolution does not adjudicate or determine vested rights, estoppel claims, or other legal interests asserted by property owners; the resolution states such claims must be considered on their own facts in the appropriate proceedings.
What’s next: the resolution will be posted by the Planning and Zoning office and staff will apply the Washington County Code in reviewing future permits and land‑division requests.
