What is the legal basis for establishing setback requirements in land use law?

The legal basis for establishing setback requirements in land use law in Washington comes from the state’s Growth Management Act (GMA). Under the GMA, local governments must establish “development regulations”—including setback requirements—for their respective jurisdictions. The GMA is intended to promote orderly growth and development, while also protecting natural resources and the environment. Setback requirements are one of the most important rules in land use law, and they are intended to ensure public safety and health. For example, in residential areas, setbacks are used to maintain an appropriate distance between buildings, which helps prevent fires and keeps streets and sidewalks accessible. Setbacks also help to protect property values by requiring construction to be of a certain quality and preventing overcrowding. Local governments often use setback requirements to also protect natural resources and the environment, such as by requiring construction to take place at a certain distance from wetlands or other sensitive areas. In most cases, there is some flexibility in setbacks, such as allowing for the construction of structures closer to land boundaries for certain types of uses. Ultimately, setback requirements are determined and enforced by local governments, with input from affected residents, as well as state and federal governments. As long as the regulations meet GMA requirements, local governments have a great deal of flexibility in setting and enforcing setback requirements for land use.

What is the legal basis for establishing setback requirements in land use law?

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