Rural area ADUs

AN ACT Relating to creating opportunities for affordable housing 1
by authorizing detached accessory dwelling units in rural areas; 2
amending RCW 36.70A.696, 36.70A.177, 36.70A.130, and 36.70A.210; 3
adding a new section to chapter 36.70A RCW; and creating a new 4
section. 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:6
NEW SECTION. Sec. 1. The legislature finds that Washingtonians 7
are in a housing crisis and the state needs to produce another 1.1 8
million homes by 2044 to meet its housing needs. The legislature also 9
finds that accessory dwelling units provide affordable housing, can 10
be built quickly, and can provide supplemental income for property 11
owners. Accessory dwelling units are especially needed in rural 12
communities that do not yet have the infrastructure for larger scale 13
development. Therefore, it is the intent of the legislature to 14
provide pathways for the construction of accessory dwelling units in 15
both urban and rural areas.16
NEW SECTION. Sec. 2. A new section is added to chapter 36.70A 17
RCW to read as follows: 18
(1) A county may authorize development of detached accessory 19
dwelling units in rural areas on lots of any size, even where 20
H-0110.1
HOUSE BILL 1010
State of Washington 69th Legislature 2025 Regular Session
By Representatives Low, Leavitt, Barkis, Connors, Jacobsen, Couture,
Paul, Timmons, Wylie, Ormsby, Bernbaum, and Hill
Prefiled 12/04/24. Read first time 01/13/25. Referred to Committee
on Housing.
p. 1 HB 1010
otherwise prohibited by the county's comprehensive plan, countywide 1
planning policy, or multicounty planning policy, if the detached 2
accessory dwelling units are subject to development regulations that 3
include the following requirements: 4
(a) A parcel may not have more than one accessory dwelling unit, 5
whether attached or detached. 6
(b) The detached accessory dwelling unit must be subject to the 7
water supply requirements in RCW 19.27.097 and the following 8
additional requirements: 9
(i) The detached accessory dwelling unit may not be located on a 10
parcel that uses a water source that is closed to further 11
appropriation. 12
(ii) The detached accessory dwelling unit must use water that is 13
part of the water right for the primary dwelling. 14
(iii) Withdrawals of water by each dwelling unit on the parcel 15
must be metered. 16
(c) The detached accessory dwelling unit may not be located 17
within, or encroach upon, any existing buffers around critical areas.18
(d)(i) The building permit applicant for the detached accessory 19
dwelling unit must provide documentation demonstrating that the 20
existing or proposed sewage, septic, or on-site sewage system can 21
handle the additional demand placed upon it by the detached accessory 22
dwelling unit. 23
(ii) If the detached accessory dwelling unit will be connected to 24
an existing septic or on-site sewage system, the septic or on-site 25
sewage system must be inspected, prior to issuance of the building 26
permit, by a licensed contractor to ensure that the system is in good 27
working order and capable of handling the increased demand placed 28
upon it by the detached accessory dwelling unit. 29
(e) The floor area of the detached accessory dwelling unit may 30
not exceed 1,296 square feet, or the square footage that could be 31
authorized by the county as an expansion of the primary dwelling to 32
create an attached accessory dwelling unit, whichever is less. The 33
floor area does not include garages, porches, and unfinished 34
basements. 35
(f) The detached accessory dwelling unit must be constructed such 36
that exterior materials, roof form, window spacing, and proportions 37
approximate those of the primary dwelling, except if the detached 38
accessory dwelling unit is a mobile home or manufactured home.39
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(g) The detached accessory dwelling unit must use the same 1
driveway as the primary dwelling. 2
(h) The detached accessory dwelling unit must be sited to prevent 3
loss of land that is defined as "agricultural land" or "forestland" 4
under this chapter. 5
(i) A parcel may not be subdivided for the purposes of avoiding 6
the limits on development regulations described in this subsection.7
(2) Subsection (1) of this section is cumulative to other county 8
authority enumerated in this chapter and does not: 9
(a) Affect or modify the validity of any county ordinance 10
authorizing accessory dwelling units adopted prior to the effective 11
date of this section; 12
(b) Exclude other means of authorizing accessory dwelling units 13
in urban or rural areas, if consistent with this section; or14
(c) Exclude other innovative techniques under RCW 15
36.70A.070(5)(b), 36.70A.090, or 36.70A.177, if consistent with this 16
section. 17
(3) The comprehensive plan, countywide planning policy, or 18
multicounty planning policy for any county that authorizes the 19
development of detached accessory dwelling units in rural areas under 20
subsection (1) of this section must be amended, at its next regularly 21
scheduled update, to allow development of detached accessory dwelling 22
units in rural areas consistent with subsection (1) of this section.23
(4) Population growth from the development of detached accessory 24
dwelling units that comply with the requirements of subsection (1) of 25
this section may not be counted for the purpose of determining 26
whether a county is achieving rural or urban growth targets contained 27
in a comprehensive plan, countywide planning policy, or multicounty 28
planning policy. 29
Sec. 3. RCW 36.70A.696 and 2023 c 334 s 2 are each amended to 30
read as follows: 31
The definitions in this section apply throughout RCW 36.70A.697, 32
36.70A.698, 36.70A.680, ((and)) 36.70A.681, and section 2 of this act 33
unless the context clearly requires otherwise. 34
(1) "Accessory dwelling unit" means a dwelling unit located on 35
the same lot as a single-family housing unit, duplex, triplex, 36
townhome, or other housing unit. 37
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(2) "Attached accessory dwelling unit" means an accessory 1
dwelling unit located within or attached to a single-family housing 2
unit, duplex, triplex, townhome, or other housing unit.3
(3) "City" means any city, code city, and town located in a 4
county planning under RCW 36.70A.040. 5
(4) "County" means any county planning under RCW 36.70A.040.6
(5) "Detached accessory dwelling unit" means an accessory 7
dwelling unit that consists partly or entirely of a building that is 8
separate and detached from a single-family housing unit, duplex, 9
triplex, townhome, or other housing unit and is on the same property.10
(6) "Dwelling unit" means a residential living unit that provides 11
complete independent living facilities for one or more persons and 12
that includes permanent provisions for living, sleeping, eating, 13
cooking, and sanitation. 14
(7) "Gross floor area" means the interior habitable area of a 15
dwelling unit including basements and attics but not including a 16
garage or accessory structure. 17
(8) "Major transit stop" means: 18
(a) A stop on a high capacity transportation system funded or 19
expanded under the provisions of chapter 81.104 RCW;20
(b) Commuter rail stops; 21
(c) Stops on rail or fixed guideway systems, including 22
transitways; 23
(d) Stops on bus rapid transit routes or routes that run on high 24
occupancy vehicle lanes; or 25
(e) Stops for a bus or other transit mode providing actual fixed 26
route service at intervals of at least fifteen minutes for at least 27
five hours during the peak hours of operation on weekdays.28
(9) "Owner" means any person who has at least 50 percent 29
ownership in a property on which an accessory dwelling unit is 30
located. 31
(10) "Principal unit" means the single-family housing unit, 32
duplex, triplex, townhome, or other housing unit located on the same 33
lot as an accessory dwelling unit. 34
(11) "Short-term rental" means a lodging use, that is not a hotel 35
or motel or bed and breakfast, in which a dwelling unit, or portion 36
thereof, is offered or provided to a guest by a short-term rental 37
operator for a fee for fewer than 30 consecutive nights.38
p. 4 HB 1010
Sec. 4. RCW 36.70A.177 and 2006 c 147 s 1 are each amended to 1
read as follows: 2
(1) A county or a city may use a variety of innovative zoning 3
techniques in areas designated as agricultural lands of long-term 4
commercial significance under RCW 36.70A.170. The innovative zoning 5
techniques should be designed to conserve agricultural lands and 6
encourage the agricultural economy. Except as provided in subsection 7
(3) of this section, a county or city should encourage 8
nonagricultural uses to be limited to lands with poor soils or 9
otherwise not suitable for agricultural purposes. 10
(2) Innovative zoning techniques a county or city may consider 11
include, but are not limited to: 12
(a) Agricultural zoning, which limits the density of development 13
and restricts or prohibits nonfarm uses of agricultural land and may 14
allow accessory uses, including nonagricultural accessory uses and 15
activities, that support, promote, or sustain agricultural operations 16
and production, as provided in subsection (3) of this section;17
(b) Cluster zoning, which allows new development on one portion 18
of the land, leaving the remainder in agricultural or open space 19
uses; 20
(c) Large lot zoning, which establishes as a minimum lot size the 21
amount of land necessary to achieve a successful farming practice;22
(d) Quarter/quarter zoning, which permits one residential 23
dwelling on a one-acre minimum lot for each one-sixteenth of a 24
section of land; and 25
(e) Sliding scale zoning, which allows the number of lots for 26
single-family residential purposes with a minimum lot size of one 27
acre to increase inversely as the size of the total acreage 28
increases. 29
(3) Accessory uses allowed under subsection (2)(a) of this 30
section shall comply with the following: 31
(a) Accessory uses shall be located, designed, and operated so as 32
to not interfere with, and to support the continuation of, the 33
overall agricultural use of the property and neighboring properties, 34
and shall comply with the requirements of this chapter;35
(b) Accessory uses may include: 36
(i) Agricultural accessory uses and activities, including but not 37
limited to the storage, distribution, and marketing of regional 38
agricultural products from one or more producers, agriculturally 39
related experiences, or the production, marketing, and distribution 40
p. 5 HB 1010
of value-added agricultural products, including support services that 1
facilitate these activities; and 2
(ii) Nonagricultural accessory uses and activities as long as 3
they are consistent with the size, scale, and intensity of the 4
existing agricultural use of the property and the existing buildings 5
on the site. Nonagricultural accessory uses and activities, including 6
new buildings, parking, or supportive uses, shall not be located 7
outside the general area already developed for buildings and 8
residential uses and shall not otherwise convert more than one acre 9
of agricultural land to nonagricultural uses; and 10
(c) Counties and cities have the authority to limit or exclude 11
accessory uses otherwise authorized in this subsection (3) in areas 12
designated as agricultural lands of long-term commercial 13
significance. 14
(4) This section shall not be interpreted to limit agricultural 15
production on designated agricultural lands. 16
(5) This section may not be interpreted to limit the development 17
of detached accessory dwelling units that comply with the 18
requirements of section 2(1) of this act.19
Sec. 5. RCW 36.70A.130 and 2024 c 17 s 1 are each amended to 20
read as follows: 21
(1)(a) Each comprehensive land use plan and development 22
regulations shall be subject to continuing review and evaluation by 23
the county or city that adopted them. Except as otherwise provided, a 24
county or city shall take legislative action to review and, if 25
needed, revise its comprehensive land use plan and development 26
regulations to ensure the plan and regulations comply with the 27
requirements of this chapter according to the deadlines in 28
subsections (4) and (5) of this section. 29
(b)(i) A city or town located within a county planning under RCW 30
36.70A.040 may opt out of a full review and revisions of its 31
comprehensive plan established in this section if the city or town 32
meets the following criteria: 33
(A) Has a population fewer than 500; 34
(B) Is not located within 10 miles of a city with a population 35
over 100,000; 36
(C) Experienced a population growth rate of fewer than 10 percent 37
in the preceding 10 years; and 38
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(D) Has provided the department with notice of its intent to 1
participate in a partial review and revision of its comprehensive 2
plan. 3
(ii) The department shall review the population growth rate for a 4
city or town participating in the partial review and revision of its 5
comprehensive plan process at least three years before the periodic 6
update is due as outlined in subsection (4) of this section and 7
notify cities of their eligibility. 8
(iii) A city or town that opts out of a full review and revision 9
of its comprehensive plan must update its critical areas regulations 10
and its capital facilities element and its transportation element.11
(c) Except as otherwise provided, a county or city not planning 12
under RCW 36.70A.040 shall take action to review and, if needed, 13
revise its policies and development regulations regarding critical 14
areas and natural resource lands adopted according to this chapter to 15
ensure these policies and regulations comply with the requirements of 16
this chapter according to the deadlines in subsections (4) and (5) of 17
this section. Legislative action means the adoption of a resolution 18
or ordinance following notice and a public hearing indicating at a 19
minimum, a finding that a review and evaluation has occurred and 20
identifying the revisions made, or that a revision was not needed and 21
the reasons therefor. 22
(d) The review and evaluation required by this subsection shall 23
include, but is not limited to, consideration of critical area 24
ordinances and, if planning under RCW 36.70A.040, an analysis of the 25
population allocated to a city or county from the most recent 10-year 26
population forecast by the office of financial management. Population 27
growth from the development of detached accessory dwelling units that 28
comply with the requirements of section 2 (1) of this act may not be 29
counted for the purpose of determining whether a county is achieving 30
rural or urban growth targets contained in a comprehensive plan.31
(e) Any amendment of or revision to a comprehensive land use plan 32
shall conform to this chapter. Any amendment of or revision to 33
development regulations shall be consistent with and implement the 34
comprehensive plan. 35
(2)(a) Each county and city shall establish and broadly 36
disseminate to the public a public participation program consistent 37
with RCW 36.70A.035 and 36.70A.140 that identifies procedures and 38
schedules whereby updates, proposed amendments, or revisions of the 39
comprehensive plan are considered by the governing body of the county 40
p. 7 HB 1010
or city no more frequently than once every year. "Updates" means to 1
review and revise, if needed, according to subsection (1) of this 2
section, and the deadlines in subsections (4) and (5) of this section 3
or in accordance with the provisions of subsection (6) of this 4
section. Amendments may be considered more frequently than once per 5
year under the following circumstances: 6
(i) The initial adoption of a subarea plan. Subarea plans adopted 7
under this subsection (2)(a)(i) must clarify, supplement, or 8
implement jurisdiction-wide comprehensive plan policies, and may only 9
be adopted if the cumulative impacts of the proposed plan are 10
addressed by appropriate environmental review under chapter 43.21C 11
RCW; 12
(ii) The development of an initial subarea plan for economic 13
development located outside of the 100 year floodplain in a county 14
that has completed a state-funded pilot project that is based on 15
watershed characterization and local habitat assessment;16
(iii) The adoption or amendment of a shoreline master program 17
under the procedures set forth in chapter 90.58 RCW;18
(iv) The amendment of the capital facilities element of a 19
comprehensive plan that occurs concurrently with the adoption or 20
amendment of a county or city budget; or 21
(v) The adoption of comprehensive plan amendments necessary to 22
enact a planned action under RCW 43.21C.440, provided that amendments 23
are considered in accordance with the public participation program 24
established by the county or city under this subsection (2)(a) and 25
all persons who have requested notice of a comprehensive plan update 26
are given notice of the amendments and an opportunity to comment.27
(b) Except as otherwise provided in (a) of this subsection, all 28
proposals shall be considered by the governing body concurrently so 29
the cumulative effect of the various proposals can be ascertained. 30
However, after appropriate public participation a county or city may 31
adopt amendments or revisions to its comprehensive plan that conform 32
with this chapter whenever an emergency exists or to resolve an 33
appeal of a comprehensive plan filed with the growth management 34
hearings board or with the court. 35
(3)(a) Each county that designates urban growth areas under RCW 36
36.70A.110 shall review, according to the schedules established in 37
subsections (4) and (5) of this section, its designated urban growth 38
area or areas, patterns of development occurring within the urban 39
growth area or areas, and the densities permitted within both the 40
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incorporated and unincorporated portions of each urban growth area. 1
In conjunction with this review by the county, each city located 2
within an urban growth area shall review the densities permitted 3
within its boundaries, and the extent to which the urban growth 4
occurring within the county has located within each city and the 5
unincorporated portions of the urban growth areas. 6
(b) The county comprehensive plan designating urban growth areas, 7
and the densities permitted in the urban growth areas by the 8
comprehensive plans of the county and each city located within the 9
urban growth areas, shall be revised to accommodate the urban growth 10
projected to occur in the county for the succeeding 20-year period. 11
The review required by this subsection may be combined with the 12
review and evaluation required by RCW 36.70A.215. 13
(c) If, during the county's review under (a) of this subsection, 14
the county determines revision of the urban growth area is not 15
required to accommodate the urban growth projected to occur in the 16
county for the succeeding 20-year period, but does determine that 17
patterns of development have created pressure in areas that exceed 18
available, developable lands within the urban growth area, the urban 19
growth area or areas may be revised to accommodate identified 20
patterns of development and likely future development pressure for 21
the succeeding 20-year period if the following requirements are met:22
(i) The revised urban growth area may not result in an increase 23
in the total surface areas of the urban growth area or areas;24
(ii) The areas added to the urban growth area are not or have not 25
been designated as agricultural, forest, or mineral resource lands of 26
long-term commercial significance; 27
(iii) Less than 15 percent of the areas added to the urban growth 28
area are critical areas; 29
(iv) The areas added to the urban growth areas are suitable for 30
urban growth; 31
(v) The transportation element and capital facility plan element 32
have identified the transportation facilities, and public facilities 33
and services needed to serve the urban growth area and the funding to 34
provide the transportation facilities and public facilities and 35
services; 36
(vi) The urban growth area is not larger than needed to 37
accommodate the growth planned for the succeeding 20-year planning 38
period and a reasonable land market supply factor;39
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(vii) The areas removed from the urban growth area do not include 1
urban growth or urban densities; and 2
(viii) The revised urban growth area is contiguous, does not 3
include holes or gaps, and will not increase pressures to urbanize 4
rural or natural resource lands. 5
(4) Except as otherwise provided in subsections (6) and (8) of 6
this section, counties and cities shall take action to review and, if 7
needed, revise their comprehensive plans and development regulations 8
to ensure the plan and regulations comply with the requirements of 9
this chapter as follows: 10
(a) On or before June 30, 2015, for King, Pierce, and Snohomish 11
counties and the cities within those counties; 12
(b) On or before June 30, 2016, for Clallam, Clark, Island, 13
Jefferson, Kitsap, Mason, San Juan, Skagit, Thurston, and Whatcom 14
counties and the cities within those counties; 15
(c) On or before June 30, 2017, for Benton, Chelan, Cowlitz, 16
Douglas, Kittitas, Lewis, Skamania, Spokane, and Yakima counties and 17
the cities within those counties; and 18
(d) On or before June 30, 2018, for Adams, Asotin, Columbia, 19
Ferry, Franklin, Garfield, Grant, Grays Harbor, Klickitat, Lincoln, 20
Okanogan, Pacific, Pend Oreille, Stevens, Wahkiakum, Walla Walla, and 21
Whitman counties and the cities within those counties.22
(5) Except as otherwise provided in subsections (6) and (8) of 23
this section, following the review of comprehensive plans and 24
development regulations required by subsection (4) of this section, 25
counties and cities shall take action to review and, if needed, 26
revise their comprehensive plans and development regulations to 27
ensure the plan and regulations comply with the requirements of this 28
chapter as follows: 29
(a) Except as provided in subsection (10) of this section, on or 30
before December 31, 2024, with the following review and, if needed, 31
revision on or before June 30, 2034, and then every 10 years 32
thereafter, for King, Kitsap, Pierce, and Snohomish counties and the 33
cities within those counties; 34
(b) On or before December 31, 2025, with the following review 35
and, if needed, revision on or before June 30, 2035, and then every 36
10 years thereafter, for Clallam, Clark, Island, Jefferson, Lewis, 37
Mason, San Juan, Skagit, Thurston, and Whatcom counties and the 38
cities within those counties; 39
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(c) On or before June 30, 2026, and every 10 years thereafter, 1
for Benton, Chelan, Cowlitz, Douglas, Franklin, Kittitas, Skamania, 2
Spokane, Walla Walla, and Yakima counties and the cities within those 3
counties; and 4
(d) On or before June 30, 2027, and every 10 years thereafter, 5
for Adams, Asotin, Columbia, Ferry, Garfield, Grant, Grays Harbor, 6
Klickitat, Lincoln, Okanogan, Pacific, Pend Oreille, Stevens, 7
Wahkiakum, and Whitman counties and the cities within those counties.8
(6)(a) Nothing in this section precludes a county or city from 9
conducting the review and evaluation required by this section before 10
the deadlines established in subsections (4) and (5) of this section. 11
Counties and cities may begin this process early and may be eligible 12
for grants from the department, subject to available funding, if they 13
elect to do so. 14
(b) A county that is subject to a deadline established in 15
subsection (5)(b) through (d) of this section and meets the following 16
criteria may comply with the requirements of this section at any time 17
within the 24 months following the deadline established in subsection 18
(5) of this section: The county has a population of less than 50,000 19
and has had its population increase by no more than 17 percent in the 20
10 years preceding the deadline established in subsection (5) of this 21
section as of that date. 22
(c) A city that is subject to a deadline established in 23
subsection (5)(b) through (d) of this section and meets the following 24
criteria may comply with the requirements of this section at any time 25
within the 24 months following the deadline established in subsection 26
(5) of this section: The city has a population of no more than 5,000 27
and has had its population increase by the greater of either no more 28
than 100 persons or no more than 17 percent in the 10 years preceding 29
the deadline established in subsection (5) of this section as of that 30
date. 31
(d) State agencies are encouraged to provide technical assistance 32
to the counties and cities in the review of critical area ordinances, 33
comprehensive plans, and development regulations. 34
(7)(a) The requirements imposed on counties and cities under this 35
section shall be considered "requirements of this chapter" under the 36
terms of RCW 36.70A.040(1). Only those counties and cities that meet 37
the following criteria may receive grants, loans, pledges, or 38
financial guarantees under chapter 43.155 or 70A.135 RCW:39
(i) Complying with the deadlines in this section; or40
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(ii) Demonstrating substantial progress towards compliance with 1
the schedules in this section for development regulations that 2
protect critical areas. 3
(b) A county or city that is fewer than 12 months out of 4
compliance with the schedules in this section for development 5
regulations that protect critical areas is making substantial 6
progress towards compliance. Only those counties and cities in 7
compliance with the schedules in this section may receive preference 8
for grants or loans subject to the provisions of RCW 43.17.250.9
(8)(a) Except as otherwise provided in (c) of this subsection, if 10
a participating watershed is achieving benchmarks and goals for the 11
protection of critical areas functions and values, the county is not 12
required to update development regulations to protect critical areas 13
as they specifically apply to agricultural activities in that 14
watershed. 15
(b) A county that has made the election under RCW 36.70A.710(1) 16
may only adopt or amend development regulations to protect critical 17
areas as they specifically apply to agricultural activities in a 18
participating watershed if: 19
(i) A work plan has been approved for that watershed in 20
accordance with RCW 36.70A.725; 21
(ii) The local watershed group for that watershed has requested 22
the county to adopt or amend development regulations as part of a 23
work plan developed under RCW 36.70A.720; 24
(iii) The adoption or amendment of the development regulations is 25
necessary to enable the county to respond to an order of the growth 26
management hearings board or court; 27
(iv) The adoption or amendment of development regulations is 28
necessary to address a threat to human health or safety; or29
(v) Three or more years have elapsed since the receipt of 30
funding. 31
(c) Beginning 10 years from the date of receipt of funding, a 32
county that has made the election under RCW 36.70A.710(1) must review 33
and, if necessary, revise development regulations to protect critical 34
areas as they specifically apply to agricultural activities in a 35
participating watershed in accordance with the review and revision 36
requirements and timeline in subsection (5) of this section. This 37
subsection (8)(c) does not apply to a participating watershed that 38
has determined under RCW 36.70A.720(2)(c)(ii) that the watershed's 39
goals and benchmarks for protection have been met.40
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(9)(a) Counties subject to planning deadlines established in 1
subsection (5) of this section that are required or that choose to 2
plan under RCW 36.70A.040 and that meet either criteria of (a)(i) or 3
(ii) of this subsection, and cities with a population of more than 4
6,000 as of April 1, 2021, within those counties, must provide to the 5
department an implementation progress report detailing the progress 6
they have achieved in implementing their comprehensive plan five 7
years after the review and revision of their comprehensive plan. Once 8
a county meets the criteria in (a)(i) or (ii) of this subsection, the 9
implementation progress report requirements remain in effect 10
thereafter for that county and the cities therein with populations 11
greater than 6,000 as of April 1, 2021, even if the county later no 12
longer meets either or both criteria. A county is subject to the 13
implementation progress report requirement if it meets either of the 14
following criteria on or after April 1, 2021: 15
(i) The county has a population density of at least 100 people 16
per square mile and a population of at least 200,000; or17
(ii) The county has a population density of at least 75 people 18
per square mile and an annual growth rate of at least 1.75 percent as 19
determined by the office of financial management. 20
(b) The department shall adopt guidelines for indicators, 21
measures, milestones, and criteria for use by counties and cities in 22
the implementation progress report that must cover:23
(i) The implementation of previously adopted changes to the 24
housing element and any effect those changes have had on housing 25
affordability and availability within the jurisdiction;26
(ii) Permit processing timelines; and 27
(iii) Progress toward implementing any actions required to 28
achieve reductions to meet greenhouse gas and vehicle miles traveled 29
requirements as provided for in any element of the comprehensive plan 30
under RCW 36.70A.070. 31
(c) If a city or county required to provide an implementation 32
progress report under this subsection (9) has not implemented any 33
specifically identified regulations, zoning and land use changes, or 34
taken other legislative or administrative action necessary to 35
implement any changes in the most recent periodic update in their 36
comprehensive plan by the due date for the implementation progress 37
report, the city or county must identify the need for such action in 38
the implementation progress report. Cities and counties must adopt a 39
work plan to implement any necessary regulations, zoning and land use 40
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changes, or take other legislative or administrative action 1
identified in the implementation progress report and complete all 2
work necessary for implementation within two years of submission of 3
the implementation progress report. 4
(10) Any county or city that is required by RCW 36.70A.095 to 5
include in its comprehensive plan a climate change and resiliency 6
element and that is also required by subsection (5)(a) of this 7
section to review and, if necessary, revise its comprehensive plan on 8
or before December 31, 2024, must update its transportation element 9
and incorporate a climate change and resiliency element into its 10
comprehensive plan as part of the first implementation progress 11
report required by subsection (9) of this section if funds are 12
appropriated and distributed by December 31, 2027, as required under 13
RCW 36.70A.070(10). 14
(11) Any county that authorizes the development of detached 15
accessory dwelling units in rural areas under section 2 of this act 16
must revise its comprehensive plan, at its next regularly scheduled 17
update, to allow development of detached accessory dwelling units in 18
rural areas consistent with section 2 of this act.19
Sec. 6. RCW 36.70A.210 and 2022 c 252 s 6 are each amended to 20
read as follows: 21
(1) The legislature recognizes that counties are regional 22
governments within their boundaries, and cities are primary providers 23
of urban governmental services within urban growth areas. For the 24
purposes of this section, a "countywide planning policy" is a written 25
policy statement or statements used solely for establishing a 26
countywide framework from which county and city comprehensive plans 27
are developed and adopted pursuant to this chapter. This framework 28
shall ensure that city and county comprehensive plans are consistent 29
as required in RCW 36.70A.100. Nothing in this section shall be 30
construed to alter the land-use powers of cities. 31
(2) The legislative authority of a county that plans under RCW 32
36.70A.040 shall adopt a countywide planning policy in cooperation 33
with the cities located in whole or in part within the county as 34
follows: 35
(a) No later than ((sixty)) 60 calendar days from July 16, 1991, 36
the legislative authority of each county that as of June 1, 1991, was 37
required or chose to plan under RCW 36.70A.040 shall convene a 38
meeting with representatives of each city located within the county 39
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for the purpose of establishing a collaborative process that will 1
provide a framework for the adoption of a countywide planning policy. 2
In other counties that are required or choose to plan under RCW 3
36.70A.040, this meeting shall be convened no later than ((sixty)) 60 4
days after the date the county adopts its resolution of intention or 5
was certified by the office of financial management.6
(b) The process and framework for adoption of a countywide 7
planning policy specified in (a) of this subsection shall determine 8
the manner in which the county and the cities agree to all procedures 9
and provisions including but not limited to desired planning 10
policies, deadlines, ratification of final agreements and 11
demonstration thereof, and financing, if any, of all activities 12
associated therewith. 13
(c) If a county fails for any reason to convene a meeting with 14
representatives of cities as required in (a) of this subsection, the 15
governor may immediately impose any appropriate sanction or sanctions 16
on the county from those specified under RCW 36.70A.340.17
(d) If there is no agreement by October 1, 1991, in a county that 18
was required or chose to plan under RCW 36.70A.040 as of June 1, 19
1991, or if there is no agreement within ((one hundred twenty )) 120 20
days of the date the county adopted its resolution of intention or 21
was certified by the office of financial management in any other 22
county that is required or chooses to plan under RCW 36.70A.040, the 23
governor shall first inquire of the jurisdictions as to the reason or 24
reasons for failure to reach an agreement. If the governor deems it 25
appropriate, the governor may immediately request the assistance of 26
the department of commerce to mediate any disputes that preclude 27
agreement. If mediation is unsuccessful in resolving all disputes 28
that will lead to agreement, the governor may impose appropriate 29
sanctions from those specified under RCW 36.70A.340 on the county, 30
city, or cities for failure to reach an agreement as provided in this 31
section. The governor shall specify the reason or reasons for the 32
imposition of any sanction. 33
(e) No later than July 1, 1992, the legislative authority of each 34
county that was required or chose to plan under RCW 36.70A.040 as of 35
June 1, 1991, or no later than ((fourteen)) 14 months after the date 36
the county adopted its resolution of intention or was certified by 37
the office of financial management the county legislative authority 38
of any other county that is required or chooses to plan under RCW 39
36.70A.040, shall adopt a countywide planning policy according to the 40
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process provided under this section and that is consistent with the 1
agreement pursuant to (b) of this subsection, and after holding a 2
public hearing or hearings on the proposed countywide planning 3
policy. 4
(3) A countywide planning policy shall at a minimum, address the 5
following: 6
(a) Policies to implement RCW 36.70A.110; 7
(b) Policies for promotion of contiguous and orderly development 8
and provision of urban services to such development;9
(c) Policies for siting public capital facilities of a countywide 10
or statewide nature, including transportation facilities of statewide 11
significance as defined in RCW 47.06.140; 12
(d) Policies for countywide transportation facilities and 13
strategies; 14
(e) Policies that consider the need for affordable housing, such 15
as housing for all economic segments of the population and parameters 16
for its distribution; 17
(f) Policies for joint county and city planning within urban 18
growth areas; 19
(g) Policies for countywide economic development and employment, 20
which must include consideration of the future development of 21
commercial and industrial facilities; 22
(h) An analysis of the fiscal impact; and 23
(i) Policies that address the protection of tribal cultural 24
resources in collaboration with federally recognized Indian tribes 25
that are invited pursuant to subsection (4) of this section, provided 26
that a tribe, or more than one tribe, chooses to participate in the 27
process. 28
(4) Federal agencies and federally recognized Indian tribes whose 29
reservation or ceded lands lie within the county shall be invited to 30
participate in and cooperate with the countywide planning policy 31
adoption process. Adopted countywide planning policies shall be 32
adhered to by state agencies. 33
(5) Failure to adopt a countywide planning policy that meets the 34
requirements of this section may result in the imposition of a 35
sanction or sanctions on a county or city within the county, as 36
specified in RCW 36.70A.340. In imposing a sanction or sanctions, the 37
governor shall specify the reasons for failure to adopt a countywide 38
planning policy in order that any imposed sanction or sanctions are 39
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fairly and equitably related to the failure to adopt a countywide 1
planning policy. 2
(6) Cities and the governor may appeal an adopted countywide 3
planning policy to the growth management hearings board within 4
((sixty)) 60 days of the adoption of the countywide planning policy.5
(7) Multicounty planning policies shall be adopted by two or more 6
counties, each with a population of ((four hundred fifty thousand )) 7
450,000 or more, with contiguous urban areas and may be adopted by 8
other counties, according to the process established under this 9
section or other processes agreed to among the counties and cities 10
within the affected counties throughout the multicounty region.11
(8) The countywide planning policy or multicounty planning policy 12
for any county that authorizes the development of detached accessory 13
dwelling units in rural areas under section 2 of this act must be 14
amended, at its next regularly scheduled update, to allow development 15
of detached accessory dwelling units in rural areas consistent with 16
section 2 of this act. Population growth from the development of 17
detached accessory dwelling units that comply with the requirements 18
of section 2 (1) of this act may not be counted for the purpose of 19
determining whether a county is achieving rural or urban growth 20
targets contained in a countywide planning policy or multicounty 21
planning policy.22
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