Gov. services beyond UGA

AN ACT Relating to extending governmental services beyond the 1
urban growth area in specific circumstances; amending RCW 36.70A.110; 2
and creating a new section. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
NEW SECTION. Sec. 1. The legislature is providing clarifying 5
language as to what authority governmental service providers have 6
related to extending sewer services to properties beyond urban growth 7
areas in limited circumstances. There are public benefits to having 8
certain properties be able to use services that are available in a 9
community and local authorities are the best able to determine what 10
makes sense for their communities. Extensions of such services in 11
compliance with the provisions of this act should be liberally 12
construed as being in full compliance with this chapter.13
Sec. 2. RCW 36.70A.110 and 2024 c 26 s 1 are each amended to 14
read as follows: 15
(1) Each county that is required or chooses to plan under RCW 16
36.70A.040 shall designate an urban growth area or areas within which 17
urban growth shall be encouraged and outside of which growth can 18
occur only if it is not urban in nature. Each city that is located in 19
such a county shall be included within an urban growth area. An urban 20
H-0290.1
HOUSE BILL 1097
State of Washington 69th Legislature 2025 Regular Session
By Representatives Low, Ryu, Jacobsen, Tharinger, and Bernbaum
Prefiled 12/19/24. Read first time 01/13/25. Referred to Committee
on Local Government.
p. 1 HB 1097
growth area may include more than a single city. An urban growth area 1
may include territory that is located outside of a city only if such 2
territory already is characterized by urban growth whether or not the 3
urban growth area includes a city, or is adjacent to territory 4
already characterized by urban growth, or is a designated new fully 5
contained community as defined by RCW 36.70A.350. When a federally 6
recognized Indian tribe whose reservation or ceded lands lie within 7
the county or city has voluntarily chosen to participate in the 8
planning process pursuant to RCW 36.70A.040, the county or city and 9
the tribe shall coordinate their planning efforts for any areas 10
planned for urban growth consistent with the terms outlined in the 11
memorandum of agreement provided for in RCW 36.70A.040(8).12
(2) Based upon the growth management population projection made 13
for the county by the office of financial management, the county and 14
each city within the county shall include areas and densities 15
sufficient to permit the urban growth that is projected to occur in 16
the county or city for the succeeding twenty-year period, except for 17
those urban growth areas contained totally within a national 18
historical reserve. As part of this planning process, each city 19
within the county must include areas sufficient to accommodate the 20
broad range of needs and uses that will accompany the projected urban 21
growth including, as appropriate, medical, governmental, 22
institutional, commercial, service, retail, and other nonresidential 23
uses. 24
Each urban growth area shall permit urban densities and shall 25
include greenbelt and open space areas. In the case of urban growth 26
areas contained totally within a national historical reserve, the 27
city may restrict densities, intensities, and forms of urban growth 28
as determined to be necessary and appropriate to protect the 29
physical, cultural, or historic integrity of the reserve. An urban 30
growth area determination may include a reasonable land market supply 31
factor and shall permit a range of urban densities and uses. In 32
determining this market factor, cities and counties may consider 33
local circumstances. Cities and counties have discretion in their 34
comprehensive plans to make many choices about accommodating growth.35
Within one year of July 1, 1990, each county that as of June 1, 36
1991, was required or chose to plan under RCW 36.70A.040, shall begin 37
consulting with each city located within its boundaries and each city 38
shall propose the location of an urban growth area. Within sixty days 39
of the date the county legislative authority of a county adopts its 40
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resolution of intention or of certification by the office of 1
financial management, all other counties that are required or choose 2
to plan under RCW 36.70A.040 shall begin this consultation with each 3
city located within its boundaries. The county shall attempt to reach 4
agreement with each city on the location of an urban growth area 5
within which the city is located. If such an agreement is not reached 6
with each city located within the urban growth area, the county shall 7
justify in writing why it so designated the area an urban growth 8
area. A city may object formally with the department over the 9
designation of the urban growth area within which it is located. 10
Where appropriate, the department shall attempt to resolve the 11
conflicts, including the use of mediation services.12
(3) Urban growth should be located first in areas already 13
characterized by urban growth that have adequate existing public 14
facility and service capacities to serve such development, second in 15
areas already characterized by urban growth that will be served 16
adequately by a combination of both existing public facilities and 17
services and any additional needed public facilities and services 18
that are provided by either public or private sources, and third in 19
the remaining portions of the urban growth areas. Urban growth may 20
also be located in designated new fully contained communities as 21
defined by RCW 36.70A.350. 22
(4) In general, cities are the units of local government most 23
appropriate to provide urban governmental services. In general, it is 24
not appropriate that urban governmental services be extended to or 25
expanded in rural areas except ((in)):26
(a) In those limited circumstances shown to be necessary to 27
protect basic public health and safety and the environment and when 28
such services are financially supportable at rural densities and do 29
not permit urban development;30
(b) To connect a landfill or solid waste disposal facility to the 31
system of sewerage that connects to a wastewater treatment plant;32
(c) To connect to the system of sewerage if an on-site sewage 33
disposal system is at its end of life or is failing;34
(d) To connect a property located outside of the urban growth 35
area when an existing system of sewerage is within an estimated 36
quarter mile of a property; or37
(e) To connect a property outside of the urban growth area to an 38
existing system of sewerage that is located in the street, road, 39
highway, right-of-way, or sidewalk which is adjacent to the property.40
p. 3 HB 1097
(5) On or before October 1, 1993, each county that was initially 1
required to plan under RCW 36.70A.040(1) shall adopt development 2
regulations designating interim urban growth areas under this 3
chapter. Within three years and three months of the date the county 4
legislative authority of a county adopts its resolution of intention 5
or of certification by the office of financial management, all other 6
counties that are required or choose to plan under RCW 36.70A.040 7
shall adopt development regulations designating interim urban growth 8
areas under this chapter. Adoption of the interim urban growth areas 9
may only occur after public notice; public hearing; and compliance 10
with the state environmental policy act, chapter 43.21C RCW, and 11
under this section. Such action may be appealed to the growth 12
management hearings board under RCW 36.70A.280. Final urban growth 13
areas shall be adopted at the time of comprehensive plan adoption 14
under this chapter. 15
(6) Each county shall include designations of urban growth areas 16
in its comprehensive plan. 17
(7) An urban growth area designated in accordance with this 18
section may include within its boundaries urban service areas or 19
potential annexation areas designated for specific cities or towns 20
within the county. 21
(8) If, during the county's annual review under RCW 22
36.70A.130(2)(a), the county determines revision of the urban growth 23
area is not required to accommodate the population projection for the 24
county made by the office of financial management for the succeeding 25
20-year period, but does determine that patterns of development have 26
created pressure for development in areas exceeding the amount of 27
available developable lands within the urban growth area, then the 28
county may revise the urban growth area or areas based on identified 29
patterns of development and likely future development pressure if the 30
following requirements are met: 31
(a) The revised urban growth area would not result in a net 32
increase in the total acreage or development capacity of the urban 33
growth area or areas; 34
(b) The areas added to the urban growth area are not designated 35
by the county as agricultural, forest, or mineral resource lands of 36
long-term commercial significance; 37
(c) If the areas added to the urban growth area have previously 38
been designated as agricultural, forest, or mineral resource lands of 39
long-term commercial significance, either an equivalent amount of 40
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agricultural, forest, or mineral resource lands of long-term 1
commercial significance must be added to the area outside of the 2
urban growth area, or the county must wait a minimum of two years 3
before another swap may occur; 4
(d) Less than 15 percent of the areas added to the urban growth 5
area are critical areas other than critical aquifer recharge areas. 6
Critical aquifer recharge areas must have been previously designated 7
by the county and be maintained per county development regulations 8
within the expanded urban growth area and the revised urban growth 9
area must not result in a net increase in critical aquifer recharge 10
areas within the urban growth area; 11
(e) The areas added to the urban growth areas are suitable for 12
urban growth; 13
(f) The transportation element and capital facility plan element 14
of the county's comprehensive plan have identified the transportation 15
facilities and public facilities and services needed to serve the 16
urban growth area and the funding to provide the transportation 17
facilities and public facilities and services; 18
(g) The areas removed from the urban growth area are not 19
characterized by urban growth or urban densities; 20
(h) The revised urban growth area is contiguous, does not include 21
holes or gaps, and will not increase pressures to urbanize rural or 22
natural resource lands; 23
(i) The county's proposed urban growth area revision has been 24
reviewed according to the process and procedure in the countywide 25
planning policies adopted and approved according to RCW 36.70A.210; 26
and 27
(j) The revised urban growth area meets all other requirements of 28
this section. 29
(9)(a) At the earliest possible date prior to the revision of the 30
county's urban growth area authorized under subsection (8) of this 31
section, the county must engage in meaningful consultation with any 32
federally recognized Indian tribe that may be potentially affected by 33
the proposed revision. Meaningful consultation must include 34
discussion of the potential impacts to cultural resources and tribal 35
treaty rights. 36
(b) A county must notify the affected federally recognized Indian 37
tribe of the proposed revision using at least two methods, including 38
by mail. Upon receiving a notice, the federally recognized Indian 39
tribe may request a consultation to determine whether an agreement 40
p. 5 HB 1097
can be reached related to the revision of the county's urban growth 1
area. If an agreement is not reached, the parties must enter 2
mediation pursuant to RCW 36.70A.040. 3
(10)(a) Except as provided in (b) of this subsection, the 4
expansion of an urban growth area is prohibited into the one hundred 5
year floodplain of any river or river segment that: (i) Is located 6
west of the crest of the Cascade mountains; and (ii) has a mean 7
annual flow of one thousand or more cubic feet per second as 8
determined by the department of ecology. 9
(b) Subsection (10)(a) of this section does not apply to:10
(i) Urban growth areas that are fully contained within a 11
floodplain and lack adjacent buildable areas outside the floodplain;12
(ii) Urban growth areas where expansions are precluded outside 13
floodplains because: 14
(A) Urban governmental services cannot be physically provided to 15
serve areas outside the floodplain; or 16
(B) Expansions outside the floodplain would require a river or 17
estuary crossing to access the expansion; or 18
(iii) Urban growth area expansions where: 19
(A) Public facilities already exist within the floodplain and the 20
expansion of an existing public facility is only possible on the land 21
to be included in the urban growth area and located within the 22
floodplain; or 23
(B) Urban development already exists within a floodplain as of 24
July 26, 2009, and is adjacent to, but outside of, the urban growth 25
area, and the expansion of the urban growth area is necessary to 26
include such urban development within the urban growth area; or27
(C) The land is owned by a jurisdiction planning under this 28
chapter or the rights to the development of the land have been 29
permanently extinguished, and the following criteria are met:30
(I) The permissible use of the land is limited to one of the 31
following: Outdoor recreation; environmentally beneficial projects, 32
including but not limited to habitat enhancement or environmental 33
restoration; stormwater facilities; flood control facilities; or 34
underground conveyances; and 35
(II) The development and use of such facilities or projects will 36
not decrease flood storage, increase stormwater runoff, discharge 37
pollutants to fresh or salt waters during normal operations or 38
floods, or increase hazards to people and property.39
p. 6 HB 1097
(c) For the purposes of this subsection (10), "one hundred year 1
floodplain" means the same as "special flood hazard area" as set 2
forth in WAC 173-158-040 as it exists on July 26, 2009.3
(11) If a county, city, or utility has adopted a capital facility 4
plan or utilities element to provide sewer service within the urban 5
growth areas during the twenty-year planning period, nothing in this 6
chapter obligates counties, cities, or utilities to install sanitary 7
sewer systems to properties within urban growth areas designated 8
under subsection (2) of this section by the end of the twenty-year 9
planning period when those properties: 10
(a)(i) Have existing, functioning, nonpolluting on-site sewage 11
systems; 12
(ii) Have a periodic inspection program by a public agency to 13
verify the on-site sewage systems function properly and do not 14
pollute surface or groundwater; and 15
(iii) Have no redevelopment capacity; or 16
(b) Do not require sewer service because development densities 17
are limited due to wetlands, floodplains, fish and wildlife habitats, 18
or geological hazards. 19
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