Order replay of:

The 27th Annual Comprehensive Conference on the

Growth Management Act

You will hear leading land use experts discuss the release of the Ruckelshaus Report and other current topics of heightened interest including those that have undergone recent judicial or legislative scrutiny

Presented on November 14 & 15, 2019

Seattle, WA

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Program Overview

Who Should Order

Attorneys, planners, real estate and environmental professionals, Tribal, city and county officials, and anyone else involved in managing growth and development in Washington

Why You will Benefit from the Replay

2019 has been a big year for GMA developments. We have the release of the Ruckelshaus "Road Map to Washington's Future". This was a major study commissioned by the legislature and contains a series of recommendations for changes to Washington's growth planning framework. We're featuring two of the primary authors of the report. We also have what promises to be a lively and insightful discussion among stakeholders and what we should be doing next in light of the report's findings.

The 2019 legislature passed new laws relating to urban densities and creation of more affordable housing. We'll have a discussion of local approaches to these issues and the impact on urban development.

Especially in light of the Ruckelshaus report and new legislation, questions are being raised about the appropriate role for SEPA in the current regulatory era.

Water for development continues to be a contentious issue and we'll discuss implementation of the Hirst Fix legislation including the Tribal perspective on streamflows for fish.

Current case law developments include choice of forum issues for those desiring adjudication in federal courts and the substantive due process implications of the Maytown Sand & Gravel decision. We'll cap off the program with an ethics credit relevant to land use practitioners. We hope you'll be able to join us for what promises to be a particularly interesting program this year.

Tadas A. Kisielius, Esq., Van Ness Feldman and Duana T. Kolouskova, Esq., Johns Monroe Mitsunaga Kolouskova, Program Co-Chairs

What You Will Learn

  • The Ruckelshaus Center's 2019 Growth Planning Framework Report
  • Stakeholder perspectives on the Report
  • 2019 legislation on urban densities and affordable housing
  • Seattle's approach for increasing housing affordability
  • The role of SEPA in the modern regulatory era
  • Update on Hirst-fix streamflow restoration planning
  • Choice of forum
  • Substantive due process after Maytown Sand & Gravel
  • Current case law developments
  • Ethical issues for land use practitioners

What Attendees Said

  • "Great selection of speakers-all very knowledgeable."
  • "Really excellent presentations-great content, well presented all around."
  • "This was an interesting seminar - thank you."
  • "It is well worth the time each year. Great job!"

Agenda Day 1

8:30 am

Registration Opens

9:00 am

Introduction & Overview

Tadas A. Kisielius, Esq. , Program Co-Chair
Van Ness Feldman / Seattle, WA

Duana T. Kolouskova, Esq. , Program Co-Chair
Johns Monroe Mitsunaga Kolouskova / Bellevue, WA

9:15 am

The Road Map to Washington's Growth Management Future Part 1: Unpacking the 2019 Ruckelshaus Report

Substantive provisions: Overview of the Report's objectives, key findings, and recommendations relating to environmental, economic, human health, and potential reforms to planning and permitting processes

Joseph Tovar, FAICP, MUP , Affiliate Associate Professor
University of Washington / Seattle, WA

10:00 am


10:15 am

The 2019 Ruckelshaus Report Part 2: Perspectives Captured in the Report and Recommendations -- What do We Need to do and Where do We Start?

Commentary from a diverse group of stakeholders on the report's key findings and recommendations

Amanda Murphy , Sr. Project Lead, Moderator
The William D. Ruckelshaus Center / Seattle, WA

Urban developer perspective

Tim Schauer, PE , CEO
MacKay Sposito / Vancouver, WA

Rural perspective

Eric B. Johnson , Executive Director
Washington State Association of Counties / Olympia, WA

Environmental perspective

Jay J. Manning, Esq.
Cascadia Law Group / Olympia, WA

State government perspective

Dave Andersen, AICP , Managing Director, Growth Management Services
Washington State Department of Commerce / Spokane, WA

Local government perspective

The Hon. Candace Mumm , Councilmember
City of Spokane / Spokane, WA

12:15 pm

Lunch (on your own)

1:30 pm

Managing Urban Densities and Promoting Affordable Housing

2019 Legislative Recap: HB 1923; other affordable housing legislation; Revenues in HB 1406, HB 1219, and Housing Trust Fund; Tiny House Communities; Condominium Act reform; 1377 re density bonuses for Affordable Housing on Religious Organization Property

Jan Himebaugh , Government Affairs Director
Building Industry Association of Washington / Olympia, WA

Bryce Yadon , State Policy Director
Futurewise / Seattle, WA

Update on the City of Seattle's legislation on Mandatory Housing Affordability and Accessory Dwelling Units (ADUs) and issues raised in the SEPA appeals

Sara Maxana , Citywide Initiatives Division Manager
Seattle Office of Planning and Community Development / Seattle, WA

3:15 pm


3:30 pm

Assessing the Role of SEPA in the Modern Regulatory Era

While the predictions of SEPA's demise may have been premature, the debate over its role continues.

Ann M. Gygi, Esq.
Hillis Clark Martin & Peterson / Seattle, WA

While the predictions of SEPA's demise may have been premature, the debate over whether its role should be minimized continues

Courtney A. Kaylor, Esq.
McCullough Hill Leary / Seattle, WA

While the predictions of SEPA's demise may have been premature, the debate over its role continues.

Devon N. Shannon, Esq. , Assistant Chief Civil Deputy Prosecuting Attorney
King County / Seattle, WA

5:00 pm

Adjourn Day 1

Friday, November 15, 2019

9:00 am

GMA and Water

Update on Hirst-fix streamflow restoration planning and recommended actions to offset the potential consumptive impacts of urban and rural planning activities and land use projects

Thomas M. Pors, Esq.
Law Office of Thomas M. Pors / Seattle, WA

The nature of Tribal rights, concerns about the ESSB 6091 watershed restoration process, Tribal perspective on the Hirst-fix process, and current and potential future benefits from the process

Sharon I. Haensly, Esq. , Attorney
Squaxin Island Tribe / Shelton, WA

10:15 am


10:30 am

Choice of Forum: When Can You Get into Federal Court on a Takings Claim?

Implications of Knick v. Township of Scott, Pennsylvania, for determining when land use restrictions constitute a taking contrary to the federal constitution

Brian T. Hodges, Esq.
Pacific Legal Foundation / Sacramento, CA

11:00 am

Substantive Due Process

Lessons from Maytown Sand and Gravel where the jury found tortious interference with a business expectancy: What are the standards that agencies must meet? For applicants, when do you have to file an appeal under LUPA and when can you bring a tort claim?

Bob C. Sterbank, Esq. , City Attorney
City of Snoqualmie / Snoqualmie, WA

Patrick J. Schneider, Esq.
Foster Pepper / Seattle, WA

12:00 pm

Lunch (on your own)

1:15 pm

New Case Law Developments

Growth management and land use case law update: Review of recent administrative and reported court decisions

James D. Howsley, Esq.
Jordan Ramis / Vancouver, WA

2:00 pm

Ethical Issues for Land Use Practitioners

Special issues arising in practice before administrative regulatory bodies

Gary N. McLean, Esq. , President
Hearing Examiners Association of Washington / Seattle, WA

3:00 pm

Evaluations and Adjourn

Faculty Bios

Tadas A. Kisielius, Tadas A. Kisielius, Program Co-Chair, is a partner at Van Ness Feldman. He helps public and private sector clients secure and defend state and federal environmental permits and local land use approvals for controversial or complex development projects.

Duana T. Kolouskova, Duana T. Kolouskova, Program Co-Chair, is a partner at Johns Monroe Mitsunaga Kolouskova. She represents developers, builders, property owners and developer/builder organizations on all aspects of land use law.

Amanda Murphy, Amanda Murphy, Moderator, is a Senior Lead at William D. Ruckelshaus Center and Washington State University Extension Faculty. She co-authored the Road Map to Washington's Future.

Dave Andersen, AICP, Dave Andersen, AICP, serves as the Managing Director of Growth Management Services for the Washington State Department of Commerce.

Ann M. Gygi, Ann M. Gygi, Hillis Clark Martin & Peterson, counsels clients regarding land use entitlements and due diligence, growth management and development regulations, and environmental laws.

Sharon I. Haensly Sharon I. Haensly is an attorney for the Squaxin Island Tribe. Prior to representing Squaxin Island she was an attorney for the U.S. EPA and the Swinomish Indian Tribal Community.

Jan Himebaugh Jan Himebaugh is the Government Affairs Director for the Building Industry Association of Washington.

Brian T. Hodges Brian T. Hodges is a Senior Attorney at Pacific Legal Foundation. He focuses his practice on defending the right of individuals to make reasonable use of their property.

James D. Howsley James D. Howsley is a shareholder at Jordan Ramis. He represents companies, developers, and builders throughout the Pacific Northwest.

Eric B. Johnson Eric B. Johnson is the Executive Director of the Washington State Association of Counties. Prior to joining the WSAC staff, he served as a Lewis County Commissioner.

Courtney A. Kaylor, Courtney A. Kaylor, McCullough Hill Leary, focuses on land use and environmental law. She also serves as a mediator to facilitate early and lasting resolution of land use disputes.

Jay J. Manning Jay J. Manning is a partner at Cascadia Law Group. He rejoined Cascadia Law Group after more than six years as Director of the Washington Department of Ecology and Governor Gregoire's Chief of Staff.

Sara Maxana Sara Maxana is Citywide Initiatives Division Manager for the Seattle Office of Planning and Community Development. She fomerly served as the Housing Affordability and Livability Agenda (HALA) Project Manager.

Gary N. McLean is President of the Hearing Examiners Association of Washington. He also serves as the Hearing Examiner for the City of College Place.

The Hon. Candace Mumm The Hon. Candace Mumm is a Councilmember for the City of Spokane. She was twice elected President of the City's Plan Commission, which helped create the city's first Comprehensive Plan.

Thomas M. Pors, Thomas M. Pors, Law Office of Thomas M. Pors, focuses on water rights development, transfers, permitting and sales; municipal water system planning.

Tim Schauer, PE, Tim Schauer, PE, is CEO of MacKay Sposito, which is a civil engineering firm. He also serves on the Board of the Columbia River Economic Development Council.

Patrick J. Schneider Patrick J. Schneider is a member of Foster Pepper focusing on land use issues. Prior to entering private practice, he was the lead land use attorney for the City of Seattle and a senior land use attorney for King County.

Devon N. Shannon is Assistant Chief Civil Deputy Prosecuting Attorney for King County. She primarily works with the Department of Local Services representing the Permitting Division

Bob C. Sterbank Bob C. Sterbank is the City Attorney for the City of Snoqualmie. Before he came to the City, he was in private practice and served as special counsel for numerous Puget Sound-area cities on land use and shoreline planning matters.

Joseph Tovar, FAICP, MUP, Joseph Tovar, FAICP, MUP, is an Affiliate Associate Professor in the UW College of Built Environments and principal of Tovar Planning. He co-authored the Road Map to Washington's Future.

Bryce Yadon Bryce Yadon is State Policy Director for Futurewise. He handles all of its state lobbying of the Legislature, Executive Branch, and state agencies.

Continuing Education Credits

Live credits: This program qualifies for 10.50 WA MCLE credits, 10.50 AICP planner credits, 10.50 ABCEP environmental professional credits and 12.50 WA real estate credits.. Upon request, we will apply for, or help you apply for, CLE credits in other states and other types of credits.