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Nancy Bainbridge Rogers

Nancy Bainbridge Rogers

Attorney

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Professional Overview

Nancy represents real estate developers and property owners in land use and permitting matters across the Puget Sound region. She works with clients throughout the life of a project, beginning with site evaluation and feasibility and continuing through permitting, entitlement approvals, and litigation when required. Nancy is particularly adept at guiding projects through complex regulatory frameworks to achieve timely approvals.

She brings extensive experience working with local and state agencies and is a trusted advocate in high‑profile and contested proceedings. Nancy regularly leads projects through public review processes and has a strong track record defending approvals in administrative appeals and court challenges. Her work spans development projects in urban centers, established neighborhoods, and suburban and rural jurisdictions throughout the region.

Clients value Nancy’s practical judgment, clear communication, and steady approach to problem‑solving. She views land use law as a means to support balanced and sustainable growth, helping clients navigate regulatory hurdles and advance projects efficiently.

Nancy’s practice includes deep experience applying local land use regulations throughout Washington, as well as the state laws that govern development statewide, including the State Environmental Policy Act (SEPA), the Growth Management Act (GMA), and the Shoreline Management Act (SMA).

Areas of Focus

  • Permitting strategy and project approvals 
    Developing and executing strategies to achieve timely permit approvals; coordinating client and consultant teams to navigate complex regulatory processes.

  • Land use hearings and appeals
    Presenting and defending project permits in administrative hearings and appellate proceedings.

  • Land use dispute resolution and litigation
    Negotiating resolutions to development barriers and litigating matters that cannot be resolved outside of court.

  • Due diligence and land use risk assessment
    Evaluating regulatory and entitlement risks associated with property acquisitions.

  • SEPA compliance and appeals
    Advising on SEPA documentation, including Checklists, Expanded Checklists, and Environmental Impact Statements, and handling SEPA-related appeals.

  • Critical areas permitting
    Guiding projects through critical areas regulations while preserving development potential.

  • Local and state legislative advocacy
    Drafting and advancing code amendments to support development opportunities through the legislative process.

Representative Matters

  • Obtained approvals for Black Diamond Master Planned Developments, including 6,000 new homes, and 1 million square feet of commercial.
  • Processed and achieved preliminary plat approvals for many residential subdivisions, totaling thousands of lots for new homes.
  • Obtained approvals for low-rise, mid-rise, and high-rise development, including high end hotels and apartments, and assisted living facilities.
  • Obtained Conditional Use Permit approvals for large sand and gravel mines and associated operations.
  • Successfully brought land use litigation deeming an adverse permit decision to be arbitrary, capricious, and illegal.
  • Obtained approval for alley vacation and currently working on all approvals for major redevelopment of Swedish First Hill campus in Seattle.

Articles and Presentations

  • Moderator, “The Year of Housing and Best Practices,” Association of Washington Business Policy Summit, Spokane, WA (September 20, 2023)
  • Moderator, “Executive Speaker Series: Commercial Real Estate and Development,” The Seattle Metro Chamber, Seattle, WA (September 8, 2021)
  • Contributor, “A Practical Guide to Resiliency,” Master Builders Magazine (2020)
  • Moderator, “Rehab or Ground Up: Investment & Development Opportunities Beyond the Urban Core,” Marcus & Millichap/IPA Multifamily Forum Pacific Northwest, Seattle, WA (September 25, 2018)
  • Speaker, “City of Seattle Policy & Regulation Update: Multifamily Development,” ULI-Northwest, Multifamily Product Council Meeting, Seattle, WA (September 11, 2018)
  • Moderator, “Seattle Healthcare: Ancient Challenges, Bold Approaches and New Facilities,” Bisnow, Seattle, WA (June 28, 2017)
  • Speaker, “Elements of a Great Land Use Permit Hearing: An Applicants’ Attorney’s Perspective,” Hearing Examiners Association of Washington, Seattle, WA (October 13, 2016)
  • Moderator, “Seattle Healthcare Forum,” Bisnow, Seattle, WA (June 29, 2016)
  • Moderator, “Future of Downtown & SoDo,” Bisnow, Seattle, WA (December 9, 2015)
  • Speaker, “Legal Challenges to Creating Land Supply,” Master Builders Association Housing Summit, Seattle, WA (September 23, 2014)
  • Moderator, “Seattle Construction & Development Summit,” Bisnow, Seattle, WA (February 27, 2014)

Professional and Civic Involvement

  • NAIOP Washington State Chapter Board Member and Past President (2019-present)
  • NAIOP Washington State Chapter Government Affairs Committee Co-Chair (2014-2018)
  • Pacific Real Estate Institute
  • Washington Business Properties Association, Board Member
  • Master Builders Association
  • Urban Land Institute
  • Association of Washington Business, Legal Affairs Council
  • Washington Aggregates and Concrete Association
  • Downtown Seattle Association
  • Seattle Metropolitan Chamber of Commerce
  • Greater Redmond Chamber of Commerce

Honors / Awards / Prior Experience

  • Ranked in Washington State by Chambers USA in the area of Real Estate: Zoning/Land Use since 2016
  • Named The Best Lawyers in America® Litigation – Land Use & Zoning “Lawyer of the Year” in Seattle (2021)
  • Listed in The Best Lawyers in America® in Land Use & Zoning Law since 2016
  • Listed in The Best Lawyers in America® in Litigation – Land Use & Zoning Law since 2020
  • Connect CRE, Seattle & Northwest Lawyers in Real Estate Award, 2024
  • Director’s Award, Washington Aggregates & Concrete Association
  • City of Redmond Environmental Excellence Award
  • Named on the Washington Super Lawyers list by Super Lawyers® Magazine starting 2007
  • Named on the Washington Rising Stars list by Super Lawyers® Magazine
  • Recognized as one of the “Top Women Attorneys in Washington” by Seattle Met Magazine
  • Martindale-Hubbell “High Ethical Standing” rating of 4.5 out of 5

Education

  • University of Washington (B.A., with College Honors, 1990, B.S., 1990)
  • University of Washington School of Law (J.D., 1994)

Personal

In her spare time, Nancy enjoys playing golf, exploring wines, and traveling to sunny places.

Bar/Court Admissions

  • Washington State Courts

  • U.S. District Court for the Western District of Washington

  • Alaska State Courts - Admission

  • US District Court, District of Alaska

  • US Court of Appeals, Ninth Circuit