The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "By-right permitting" means that project applications for permits that use transferable development rights would be subject to administrative review. Administrative review allows a local planning official to approve a project without noticed public hearings.
(2) "Department" means the department of commerce.
(3) "Nongovernmental entities" includes nonprofit or membership organizations with experience or expertise in transferring development rights.
(4) "Receiving area ratio" means the number or character of development rights that are assigned to a development right for use in a receiving area. Development rights in a receiving area may be used at the discretion of the receiving area jurisdiction, including but not limited to additional residential density, additional building height, additional commercial floor area, or to meet regulatory requirements.
(5) "Receiving areas" are lands within and designated by a city or town in which transferable development rights from the regional program established by this chapter may be used.
(6) "Regional transfer of development rights program" or "regional program" means the regional transfer of development rights program established by RCW
43.362.030 in central Puget Sound, including King, Pierce, Kitsap, and Snohomish counties and the cities and towns within these counties.
(7) "Sending area" includes those lands that meet conservation criteria as described in RCW
43.362.040.
(8) "Sending area ratio" means the number of development rights that a sending area landowner can sell per acre.
(9) "Transfer of development rights" includes methods for protecting land from development by voluntarily removing the development rights from a sending area and transferring them to a receiving area for the purpose of increasing development density or intensity in the receiving area.
(10) "Transferable development right" means a right to develop one or more residential units in a sending area that can be sold and transferred for use consistent with a receiving ratio adopted for development in a designated receiving area consistent with the regional program.
Reviser's note: (1) The definitions in this section have been alphabetized pursuant to RCW
1.08.015(2)(k).
(2) This section was amended by 2009 c 474 s 2 and by 2009 c 565 s 45, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW
1.12.025(2). For rule of construction, see RCW
1.12.025(1).
Frequently Asked Questions About Washington § 43.362.010
What does Revised Code of Washington § 43.362.010 cover?
Section 43.362.010 ("Definitions.") is part of the Revised Code of Washington, the codified statutory law of Washington. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Washington § 43.362.010?
A common citation format is "Revised Code of Washington § 43.362.010" (Washington). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Washington law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Washington official source linked on this page or consult a licensed Washington attorney.
How does Washington § 43.362.010 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Washington can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Washington.
