Rader v Whatcom County

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON

LYLE and SUE RADER, husband and wife v Whatcom County                 

FILED: December 27, 2011

 Grosse, J. -- Under Whatcom County's critical areas ordinance, clearing and grading land in a wetland is subject to regulation. The hearing examiner did not err in so concluding, and we affirm the superior court's order affirming the hearing examiner's decision. We deny the County's request for an award of attorney fees and costs under RCW 4.84.370. The record does not show that the County has approved the critical areas protection plan or the mitigation plan the Raders submitted and has not identified the process by which the Raders can obtain a clearing and grading permit. According to the County, the parties are still negotiating over what the Raders must do in order to comply with the critical areas ordinance. Accordingly, no "land use approval or decision" has been rendered, and an award of attorney fees and costs to the County under RCW 4.84.370 is not warranted.

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