Washington’s Growth Management Hearings Board (GMHB) hears appeals challenging cities’ and counties’ adopted comprehensive plans and development regulations. Appellants must allege the adopted comprehensive plan and/or development regulations do not comply with the Growth Management Act, and must file their appeal within 60 days of the city or county decision.

For real estate developers, property owners, engineers, and land-use consultants operating across Washington State, understanding the GMHB’s jurisdiction is essential. Filing too late or filing the wrong kind of appeal wastes time and money, potentially destroying the financial feasibility of a project. Filing the right appeal, at the right time, can dramatically increase the value of certain land(s) and can save or restore a project that the law says the city or county should be required to allow. Either way, knowing how the GMHB works can fundamentally change the outcome of a project.

What Can Be Appealed to the GMHB?

Adopted Comprehensive Plans and Amendments

The GMHB has jurisdiction to review adopted comprehensive plans and any amendments to those plans. A comprehensive plan is the overarching policy document that guides land use decisions in a city or county. If a city or county fails to comply with GMA requirements in its comprehensive plan—such as failing to adequately plan for housing, transportation, or urban growth areas—the city or county’s decision can be appealed to the GMHB.

Development Regulations and Amendments

Development regulations include zoning codes, subdivision ordinances, critical areas ordinances, and other locally adopted rules that govern how land can be used and developed. A petition to the GMHB to review an adopted development regulation must be filed within 60 days after publication of the decision by the relevant state agency, county, or city.

For developers and builders, this is one of the most commonly relevant GMHB appeals. If a jurisdiction adopts a new zoning ordinance that restricts development in a way that conflicts with the GMA—such as limiting housing density in a designated urban growth area—that regulation may be subject to GMHB review.

Alleged GMA Noncompliance

A petition for appeal must allege one of the following:

• A state agency, county, or city is not in compliance with the GMA, or
• The 20-year growth management planning population projections adopted by the Office of Financial Management should be adjusted.

This means the GMHB is not a general-purpose land use appeals board. Every petition must be grounded in the GMA and must allege that a government action (or inaction) violates that framework.

What Cannot Be Appealed to the GMHB?

Understanding the GMHB’s limits is just as important as knowing its scope.

The GMHB does not have jurisdiction over:

• Individual project permit decisions — Decisions on specific building permits, conditional use permits, variances, or subdivision approvals are not within the GMHB’s jurisdiction. Those decisions are typically appealed through a local hearing examiner process or to superior court under the Land Use Petition Act (LUPA).
• Pre-adoption actions — The GMHB reviews adopted plans and regulations. Proposed or draft plans that have not yet been formally adopted cannot be challenged before the GMHB.
• Matters outside the GMA — The GMHB’s authority is defined by statute. Disputes that do not involve alleged noncompliance with the GMA fall outside the GMHB’s jurisdiction.
• General policy disagreements — The fact that a party disagrees with a city’s planning choices does not, by itself, constitute a valid basis for appeal. The petition for appeal must identify a specific legal violation.

It is also worth noting that the GMHB does not conduct a de novo review. The GMHB evaluates whether a local government’s decision is supported by the record and whether it complies with applicable law—it does not substitute its own planning judgment for that of the local jurisdiction.

Interestingly, if all parties to the appeal agree in writing within 10 days of the petition being filed with the GMHB, the case can be transferred directly to superior court, skipping GMHB review entirely, under the direct review procedure.

Who Can Appeal to the GMHB?

Not everyone can file an appeal. The petition for appellate review must include a statement demonstrating the petitioner has standing to file. Standing can be created through participation in the local process such as attending hearings, submitting written comments, or otherwise engaging before the decision was made. Standing can also be established if the decision negatively impacts the appellant, although those who had no prior involvement in the proceedings may face standing challenges. If you have questions regarding standing, contact a local attorney – ideally prior to the city or county’s consideration of the decision you think you may want to appeal.

Who Typically Files GMHB Petitions?

Given the scope of the GMHB’s jurisdiction, the following groups most commonly have reason to appeal:

• Real estate developers and builders challenging development regulations that restrict density, impose excessive design standards, or conflict with GMA housing goals.
• Property owners and landowners disputing rezoning decisions, urban growth area boundary changes, or critical areas designations that affect their land’s development potential.
• Affordable housing developers challenging local regulations that create barriers to multi-family housing or fail to comply with the GMA’s housing planning requirements.
• Engineering and land-use consulting firms supporting clients through the appeals process, particularly in complex regulatory disputes involving environmental or infrastructure standards.
• Environmental and community groups challenging approvals they believe are inconsistent with environmental or planning law.

Amicus Participation

Parties who are not directly involved in a case but whose interests may be substantially affected can seek amicus curiae (friend of the court) status. An amicus must file a motion and brief at least 30 days before the hearing, explaining their interest, familiarity with the issues, and why additional argument is necessary.

What Happens After the GMHB Issues a Decision?

The GMHB must issue its Final Decision and Order within 180 days of receiving a petition on appeal, unless the schedule is extended by mutual agreement of the parties. The order will find the city or county’s decision either complies or does not comply. If the decision is found to be “noncompliant,” the decision is remanded to the local jurisdiction to be amended.

A party to the appeal that is aggrieved by the GMHB’s final decision may further appeal to superior court within 30 days of the issuance of the GMHB’s final decision.

One important protection for developers: under RCW 36.70A.302(2), any determination of noncompliance or invalidity by the GMHB does not affect vested rights. A completed development permit application that vested under state or local law before the GMHB’s order is received by the jurisdiction retains its vested status.

Considering an Appeal? Start with the Basics.

Before filing an appeal, it can be helpful to understand what action is challenged and whether the Growth Management Act provides a right to appeal that action. Gathering relevant ordinances, resolutions, notices, and related public records early can help you better evaluate your options and identify potential issues.

Given every situation is fact-specific and appeal rights are governed by statutory requirements and deadlines, consider consulting legal counsel to evaluate your circumstances and determine the best course of action.

This article summarizes aspects of the law and does not constitute legal advice. For legal advice with regard to your situation, you should contact an attorney.