Walla Walla City Council overhauls land-use process to reduce legal risk

WALLA WALLA — The Walla Walla City Council has approved an ordinance to overhaul its land-use decision process, shifting the final authority for subdivision approvals from elected officials to a professional hearing examiner.

The amendments to the Walla Walla Municipal Code, authorized during the council’s Jan. 14 meeting, aim to reduce legal risks and allow council members to communicate more freely with their constituents.

Under the previous system, the Walla Walla City Council acted in a “quasi-judicial” capacity for preliminary plat subdivisions, functioning similarly to judges. This role strictly prohibited “ex parte” communication, preventing council members from discussing pending projects with residents to ensure an impartial record. By transferring final decision-making power to a professional hearing examiner—a specialist who builds a formal record and issues legal findings — council members are now free to engage in policy discussions with voters without risking “arbitrary and capricious” legal challenges.

“This approach ensures that land-use decisions are made by professionals with legal backgrounds,” city staff noted in the proposal, adding that it shields the city from liability.

While the hearing examiner will now issue final decisions on subdivisions, the city council will retain its role in Planned Unit Developments (PUDs). For those projects, the examiner will provide a formal recommendation, but the council will maintain final approval authority.

The updates also include “clean-up” items, such as increasing public notice distances for certain projects from 300 to 400 feet and removing outdated language regarding shoreline permits. The changes follow a multi-year review process involving the city’s Planning Commission and Housing Ad Hoc Committee.

File photo of the Walla Walla City Council

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Elkhorn Media Group