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AN ACT Relating to increasing housing options through lot 1
splitting; adding a new section to chapter 58.17 RCW; and creating a 2
new section. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
NEW SECTION. Sec. 1. The legislature finds that allowing an 5
existing residential lot to be split to create a new residential lot 6
through a simple, administrative process can offer many advantages to 7
both the existing homeowner and to prospective homebuyers. The 8
legislature further finds that administrative lot splitting can 9
provide current owners the opportunity to maintain homeownership in 10
changing life circumstances while facilitating development of middle 11
housing to provide homebuyers, including first-time homebuyers, with 12
more affordable ownership opportunities. The legislature also finds 13
that lot splitting can be combined with the review of a residential 14
building permit application to create a single integrated process 15
benefiting both homeowners and cities. Therefore, it is the intent 16
of the legislature to ease restrictions on, and expand opportunities 17
for, lot splitting in certain cities planning under chapter 36.70A 18
RCW, the growth management act.19
H-0266.1
HOUSE BILL 1096
State of Washington 69th Legislature 2025 Regular Session
By Representatives Barkis, Ryu, Connors, Leavitt, Klicker, Reed,
Fitzgibbon, Richards, Couture, Macri, Callan, Doglio, Bronoske,
Tharinger, Wylie, Duerr, Timmons, Ormsby, Fosse, Stonier, Bernbaum,
and Hill
Prefiled 12/19/24. Read first time 01/13/25. Referred to Committee
on Housing.
p. 1 HB 1096
NEW SECTION. Sec. 2. A new section is added to chapter 58.17 1
RCW to read as follows: 2
(1) Cities required to comply with the minimum density 3
requirements under RCW 36.70A.635 shall include in their short plat 4
regulations a process through which an applicant can seek 5
simultaneous review and approval of an administrative lot split and 6
residential building permit to create new middle housing, as defined 7
in RCW 36.70A.030, or single-family housing. The application process 8
may require only an administrative decision, through which the 9
application is reviewed, approved, or denied by the planning director 10
or the planning director's designee based on applicable development 11
standards without a predecision public hearing. A new buildable 12
residential lot and residential building permit must be 13
administratively approved and is not subject to appeal if the 14
following conditions are met: 15
(a) No more than one new lot is created through an administrative 16
lot split; 17
(b) Both the parent lot and the new lot meet the applicable 18
minimum lot size allowed under RCW 36.70A.635; 19
(c) The parent lot was not created through the splitting of a 20
single-family residential lot authorized by this section;21
(d) The parent lot is not located in a zone that primarily allows 22
nonresidential uses, such as business, commercial, retail, or 23
industrial; 24
(e) The lot split would not require demolition or alteration of 25
any existing housing that is rent restricted, is rent subsidized, or 26
has been occupied by a tenant paying market-rate rent within the 27
preceding 12 months; 28
(f) The applicable sewer and water purveyors have issued 29
certificates of availability to serve the newly created lot and 30
dwelling unit; and 31
(g) Access rights are granted or conveyed as necessary on or 32
before recording of the lot split survey to provide access for the 33
maximum number of dwelling units that would be developed on the newly 34
created lot, provided such access rights may be reduced consistent 35
with a city's adopted codes, regulations, or design standards as 36
applicable through review of a subsequent application for a building 37
permit, short subdivision, unit lot subdivision, subdivision 38
application, or short subdivision if less than the maximum number of 39
dwelling units are built on the newly created lot.40
p. 2 HB 1096
(2) A proposed lot split may be conditioned upon dedication of 1
right-of-way on the parent lot to the extent such dedication is 2
required under applicable codes, regulations, and design standards 3
for the development, short plat, or subdivision of the parent lot 4
absent an administrative lot split. Development of dwellings on the 5
newly created lot may be conditioned upon construction of frontage 6
improvements to a right-of-way adjacent to either the parent parcel 7
or the newly created lot to the extent required under applicable 8
codes, regulations, and design standards. 9
(3) Any construction on the resulting lot is subject to all 10
existing state and local laws unless otherwise specified in this 11
section. Nothing in this section modifies the requirements for 12
approval of residential building permits in chapter 19.27 RCW.13
(4) A city subject to the requirements of this section may not 14
impose a limit on the total number of dwelling units allowed on the 15
parent lot or new residential lot that is less than the number of 16
dwelling units allowed by the underlying zoning of the parent lot 17
prior to the administrative lot split. 18
(5) Notwithstanding the provisions of this section, a city must 19
deny an application for an administrative lot split if the parent lot 20
or the newly created lot would not have sufficient developable land 21
for the proposed new dwelling because of the presence of critical 22
areas or their buffers on the lot. 23
(6) For the purposes of this section: 24
(a) "Lot split" means the administrative process of dividing an 25
existing lot into two lots for the purpose of sale, lease, or 26
transfer of ownership pursuant to this section. 27
(b) "Lot split survey" means the final survey prepared for filing 28
for record with the county auditor and containing all elements and 29
requirements for a lot split under this section and any local 30
regulations. 31
(c) "Parent lot" means a lot that is subjected to a lot split 32
under this section. 33
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