Urban growth area boundaries

AN ACT Relating to expanding urban growth area boundaries for 1
residential development; amending RCW 36.70A.110 and 36.70A.130; 2
adding a new section to chapter 36.70A RCW; and creating a new 3
section. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
NEW SECTION. Sec. 1. The legislature finds that the supply of 6
developable land for housing needs to be increased. To do so without 7
increasing the costs on local governments, the legislature intends to 8
direct cities and counties to expand urban growth area boundaries so 9
that any parcel that shares a common boundary with, or is located 10
across the road from, a residential parcel with access to urban 11
services can be developed for residential purposes.12
NEW SECTION. Sec. 2. A new section is added to chapter 36.70A 13
RCW to read as follows: 14
(1) Except as provided in subsection (2) of this section, 15
beginning with the next comprehensive plan update due after the 16
effective date of this section, a city or county that is required to 17
or chooses to plan under RCW 36.70A.040 must expand its urban growth 18
area boundaries to include all parcels that: 19
H-0264.2
HOUSE BILL 1164
State of Washington 69th Legislature 2025 Regular Session
By Representatives Connors, Leavitt, Low, Jacobsen, Couture, Barkis,
and Barnard
Prefiled 01/06/25. Read first time 01/13/25. Referred to Committee
on Local Government.
p. 1 HB 1164
(a) Share a common boundary with another parcel that: (i) Shares 1
a common boundary with an urban growth area boundary; (ii) is 2
developed for residential purposes or has been approved for 3
residential development by the county; and (iii) has access to urban 4
services or is in an area where the county plans to provide urban 5
services; or 6
(b) Are adjacent to a road along which an urban growth area 7
boundary is drawn where parcels on the opposite side of the road: (i) 8
Are within the urban growth area; (ii) are developed for residential 9
purposes or have been approved for residential development by the 10
county; and (iii) have access to urban services or are in an area 11
where the county plans to provide urban services. 12
(2) Subsection (1) of this section does not authorize a city or 13
county to expand its urban growth area boundaries to include any of 14
the following types of areas: 15
(a) Critical areas or critical area buffers under RCW 36.70A.170, 16
except for critical aquifer recharge areas where a single-family 17
detached house is an allowed use provided that any requirements to 18
maintain aquifer recharge are met; 19
(b) Areas designated as sole source aquifers by the United States 20
environmental protection agency on islands in the Puget Sound;21
(c) Areas with a watershed serving a reservoir for potable water 22
if that watershed is or was listed, as of the effective date of this 23
section, as impaired or threatened under section 303 (d) of the 24
federal clean water act (33 U.S.C. Sec. 1313(d)); 25
(d) Lots that have been designated as urban separators by 26
countywide planning policies as of the effective date of this 27
section; 28
(e) Lots that have been created through the splitting of a single 29
residential lot; or 30
(f) Areas designated by the county as agricultural, forest, or 31
mineral resource lands of long-term commercial significance.32
(3) On a parcel that meets the criteria in subsection (1) of this 33
section, a city or county must: 34
(a) Authorize residential development at the same density as 35
allowed on the types of parcels described in subsection (1)(a) and 36
(b) of this section; and 37
(b) Allow any buildings that are part of a residential 38
development to use and connect to any available urban services.39
p. 2 HB 1164
Sec. 3. RCW 36.70A.110 and 2024 c 26 s 1 are each amended to 1
read as follows: 2
(1) Each county that is required or chooses to plan under RCW 3
36.70A.040 shall designate an urban growth area or areas within which 4
urban growth shall be encouraged and outside of which growth can 5
occur only if it is not urban in nature. Each city that is located in 6
such a county shall be included within an urban growth area. Each 7
parcel that meets the criteria in section 2 (1) of this act shall be 8
included within an urban growth area. An urban growth area may 9
include more than a single city. An urban growth area may include 10
territory that is located outside of a city only if such territory 11
already is characterized by urban growth whether or not the urban 12
growth area includes a city, or is adjacent to territory already 13
characterized by urban growth, or is a designated new fully contained 14
community as defined by RCW 36.70A.350. When a federally recognized 15
Indian tribe whose reservation or ceded lands lie within the county 16
or city has voluntarily chosen to participate in the planning process 17
pursuant to RCW 36.70A.040, the county or city and the tribe shall 18
coordinate their planning efforts for any areas planned for urban 19
growth consistent with the terms outlined in the memorandum of 20
agreement provided for in RCW 36.70A.040(8). 21
(2) Based upon the growth management population projection made 22
for the county by the office of financial management, the county and 23
each city within the county shall include areas and densities 24
sufficient to permit the urban growth that is projected to occur in 25
the county or city for the succeeding ((twenty-year)) 20-year period, 26
except for those urban growth areas contained totally within a 27
national historical reserve. As part of this planning process, each 28
city within the county must include areas sufficient to accommodate 29
the broad range of needs and uses that will accompany the projected 30
urban growth including, as appropriate, medical, governmental, 31
institutional, commercial, service, retail, and other nonresidential 32
uses. 33
Each urban growth area shall permit urban densities and shall 34
include greenbelt and open space areas. In the case of urban growth 35
areas contained totally within a national historical reserve, the 36
city may restrict densities, intensities, and forms of urban growth 37
as determined to be necessary and appropriate to protect the 38
physical, cultural, or historic integrity of the reserve. An urban 39
growth area determination may include a reasonable land market supply 40
p. 3 HB 1164
factor and shall permit a range of urban densities and uses. In 1
determining this market factor, cities and counties may consider 2
local circumstances. Cities and counties have discretion in their 3
comprehensive plans to make many choices about accommodating growth.4
Within one year of July 1, 1990, each county that as of June 1, 5
1991, was required or chose to plan under RCW 36.70A.040, shall begin 6
consulting with each city located within its boundaries and each city 7
shall propose the location of an urban growth area. Within ((sixty)) 8
60 days of the date the county legislative authority of a county 9
adopts its resolution of intention or of certification by the office 10
of financial management, all other counties that are required or 11
choose to plan under RCW 36.70A.040 shall begin this consultation 12
with each city located within its boundaries. The county shall 13
attempt to reach agreement with each city on the location of an urban 14
growth area within which the city is located. If such an agreement is 15
not reached with each city located within the urban growth area, the 16
county shall justify in writing why it so designated the area an 17
urban growth area. A city may object formally with the department 18
over the designation of the urban growth area within which it is 19
located. Where appropriate, the department shall attempt to resolve 20
the conflicts, including the use of mediation services.21
(3) Urban growth should be located first in areas already 22
characterized by urban growth that have adequate existing public 23
facility and service capacities to serve such development, second in 24
areas already characterized by urban growth that will be served 25
adequately by a combination of both existing public facilities and 26
services and any additional needed public facilities and services 27
that are provided by either public or private sources, and third in 28
the remaining portions of the urban growth areas. Urban growth may 29
also be located in designated new fully contained communities as 30
defined by RCW 36.70A.350. 31
(4) In general, cities are the units of local government most 32
appropriate to provide urban governmental services. In general, it is 33
not appropriate that urban governmental services be extended to or 34
expanded in rural areas except ((in)):35
(a) In those limited circumstances shown to be necessary to 36
protect basic public health and safety and the environment and when 37
such services are financially supportable at rural densities and do 38
not permit urban development; or39
p. 4 HB 1164
(b) When necessary for residential development of a parcel that 1
meets the criteria in section 2(1) of this act. 2
(5) On or before October 1, 1993, each county that was initially 3
required to plan under RCW 36.70A.040(1) shall adopt development 4
regulations designating interim urban growth areas under this 5
chapter. Within three years and three months of the date the county 6
legislative authority of a county adopts its resolution of intention 7
or of certification by the office of financial management, all other 8
counties that are required or choose to plan under RCW 36.70A.040 9
shall adopt development regulations designating interim urban growth 10
areas under this chapter. Adoption of the interim urban growth areas 11
may only occur after public notice; public hearing; and compliance 12
with the state environmental policy act, chapter 43.21C RCW, and 13
under this section. Such action may be appealed to the growth 14
management hearings board under RCW 36.70A.280. Final urban growth 15
areas shall be adopted at the time of comprehensive plan adoption 16
under this chapter. 17
(6) Each county shall include designations of urban growth areas 18
in its comprehensive plan. 19
(7) An urban growth area designated in accordance with this 20
section may include within its boundaries urban service areas or 21
potential annexation areas designated for specific cities or towns 22
within the county. 23
(8) If, during the county's annual review under RCW 24
36.70A.130(2)(a), the county determines revision of the urban growth 25
area is not required to accommodate the population projection for the 26
county made by the office of financial management for the succeeding 27
20-year period, but does determine that patterns of development have 28
created pressure for development in areas exceeding the amount of 29
available developable lands within the urban growth area, then the 30
county may revise the urban growth area or areas based on identified 31
patterns of development and likely future development pressure if the 32
following requirements are met: 33
(a) The revised urban growth area would not result in a net 34
increase in the total acreage or development capacity of the urban 35
growth area or areas; 36
(b) The areas added to the urban growth area are not designated 37
by the county as agricultural, forest, or mineral resource lands of 38
long-term commercial significance; 39
p. 5 HB 1164
(c) If the areas added to the urban growth area have previously 1
been designated as agricultural, forest, or mineral resource lands of 2
long-term commercial significance, either an equivalent amount of 3
agricultural, forest, or mineral resource lands of long-term 4
commercial significance must be added to the area outside of the 5
urban growth area, or the county must wait a minimum of two years 6
before another swap may occur; 7
(d) Less than 15 percent of the areas added to the urban growth 8
area are critical areas other than critical aquifer recharge areas. 9
Critical aquifer recharge areas must have been previously designated 10
by the county and be maintained per county development regulations 11
within the expanded urban growth area and the revised urban growth 12
area must not result in a net increase in critical aquifer recharge 13
areas within the urban growth area; 14
(e) The areas added to the urban growth areas are suitable for 15
urban growth; 16
(f) The transportation element and capital facility plan element 17
of the county's comprehensive plan have identified the transportation 18
facilities and public facilities and services needed to serve the 19
urban growth area and the funding to provide the transportation 20
facilities and public facilities and services; 21
(g) The areas removed from the urban growth area are not 22
characterized by urban growth or urban densities; 23
(h) The revised urban growth area is contiguous, does not include 24
holes or gaps, and will not increase pressures to urbanize rural or 25
natural resource lands; 26
(i) The county's proposed urban growth area revision has been 27
reviewed according to the process and procedure in the countywide 28
planning policies adopted and approved according to RCW 36.70A.210; 29
and 30
(j) The revised urban growth area meets all other requirements of 31
this section. 32
(9)(a) At the earliest possible date prior to the revision of the 33
county's urban growth area authorized under subsection (8) of this 34
section, the county must engage in meaningful consultation with any 35
federally recognized Indian tribe that may be potentially affected by 36
the proposed revision. Meaningful consultation must include 37
discussion of the potential impacts to cultural resources and tribal 38
treaty rights. 39
p. 6 HB 1164
(b) A county must notify the affected federally recognized Indian 1
tribe of the proposed revision using at least two methods, including 2
by mail. Upon receiving a notice, the federally recognized Indian 3
tribe may request a consultation to determine whether an agreement 4
can be reached related to the revision of the county's urban growth 5
area. If an agreement is not reached, the parties must enter 6
mediation pursuant to RCW 36.70A.040. 7
(10)(a) Except as provided in (b) of this subsection, the 8
expansion of an urban growth area is prohibited into the ((one 9
hundred)) 100 year floodplain of any river or river segment that: (i) 10
Is located west of the crest of the Cascade mountains; and (ii) has a 11
mean annual flow of ((one thousand )) 1,000 or more cubic feet per 12
second as determined by the department of ecology.13
(b) Subsection (10)(a) of this section does not apply to:14
(i) Urban growth areas that are fully contained within a 15
floodplain and lack adjacent buildable areas outside the floodplain;16
(ii) Urban growth areas where expansions are precluded outside 17
floodplains because: 18
(A) Urban governmental services cannot be physically provided to 19
serve areas outside the floodplain; or 20
(B) Expansions outside the floodplain would require a river or 21
estuary crossing to access the expansion; or 22
(iii) Urban growth area expansions where: 23
(A) Public facilities already exist within the floodplain and the 24
expansion of an existing public facility is only possible on the land 25
to be included in the urban growth area and located within the 26
floodplain; or 27
(B) Urban development already exists within a floodplain as of 28
July 26, 2009, and is adjacent to, but outside of, the urban growth 29
area, and the expansion of the urban growth area is necessary to 30
include such urban development within the urban growth area; or31
(C) The land is owned by a jurisdiction planning under this 32
chapter or the rights to the development of the land have been 33
permanently extinguished, and the following criteria are met:34
(I) The permissible use of the land is limited to one of the 35
following: Outdoor recreation; environmentally beneficial projects, 36
including but not limited to habitat enhancement or environmental 37
restoration; stormwater facilities; flood control facilities; or 38
underground conveyances; and 39
p. 7 HB 1164
(II) The development and use of such facilities or projects will 1
not decrease flood storage, increase stormwater runoff, discharge 2
pollutants to fresh or salt waters during normal operations or 3
floods, or increase hazards to people and property.4
(c) For the purposes of this subsection (10), " ((one hundred )) 5
100 year floodplain" means the same as "special flood hazard area" as 6
set forth in WAC 173-158-040 as it exists on July 26, 2009.7
(11) If a county, city, or utility has adopted a capital facility 8
plan or utilities element to provide sewer service within the urban 9
growth areas during the ((twenty-year)) 20-year planning period, 10
nothing in this chapter obligates counties, cities, or utilities to 11
install sanitary sewer systems to properties within urban growth 12
areas designated under subsection (2) of this section by the end of 13
the ((twenty-year)) 20-year planning period when those properties:14
(a)(i) Have existing, functioning, nonpolluting on-site sewage 15
systems; 16
(ii) Have a periodic inspection program by a public agency to 17
verify the on-site sewage systems function properly and do not 18
pollute surface or groundwater; and 19
(iii) Have no redevelopment capacity; or 20
(b) Do not require sewer service because development densities 21
are limited due to wetlands, floodplains, fish and wildlife habitats, 22
or geological hazards. 23
Sec. 4. RCW 36.70A.130 and 2024 c 17 s 1 are each amended to 24
read as follows: 25
(1)(a) Each comprehensive land use plan and development 26
regulations shall be subject to continuing review and evaluation by 27
the county or city that adopted them. Except as otherwise provided, a 28
county or city shall take legislative action to review and, if 29
needed, revise its comprehensive land use plan and development 30
regulations to ensure the plan and regulations comply with the 31
requirements of this chapter according to the deadlines in 32
subsections (4) and (5) of this section. 33
(b)(i) A city or town located within a county planning under RCW 34
36.70A.040 may opt out of a full review and revisions of its 35
comprehensive plan established in this section if the city or town 36
meets the following criteria: 37
(A) Has a population fewer than 500; 38
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(B) Is not located within 10 miles of a city with a population 1
over 100,000; 2
(C) Experienced a population growth rate of fewer than 10 percent 3
in the preceding 10 years; and 4
(D) Has provided the department with notice of its intent to 5
participate in a partial review and revision of its comprehensive 6
plan. 7
(ii) The department shall review the population growth rate for a 8
city or town participating in the partial review and revision of its 9
comprehensive plan process at least three years before the periodic 10
update is due as outlined in subsection (4) of this section and 11
notify cities of their eligibility. 12
(iii) A city or town that opts out of a full review and revision 13
of its comprehensive plan must update its critical areas regulations 14
and its capital facilities element and its transportation element.15
(c) Except as otherwise provided, a county or city not planning 16
under RCW 36.70A.040 shall take action to review and, if needed, 17
revise its policies and development regulations regarding critical 18
areas and natural resource lands adopted according to this chapter to 19
ensure these policies and regulations comply with the requirements of 20
this chapter according to the deadlines in subsections (4) and (5) of 21
this section. Legislative action means the adoption of a resolution 22
or ordinance following notice and a public hearing indicating at a 23
minimum, a finding that a review and evaluation has occurred and 24
identifying the revisions made, or that a revision was not needed and 25
the reasons therefor. 26
(d) The review and evaluation required by this subsection shall 27
include, but is not limited to, consideration of critical area 28
ordinances and, if planning under RCW 36.70A.040, an analysis of the 29
population allocated to a city or county from the most recent 10-year 30
population forecast by the office of financial management.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. 9 HB 1164
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
p. 10 HB 1164
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
and to accommodate the inclusion of parcels that meet the criteria in 12
section 2 (1) of this act within the urban growth areas . The review 13
required by this subsection may be combined with the review and 14
evaluation required by RCW 36.70A.215. 15
(c) If, during the county's review under (a) of this subsection, 16
the county determines revision of the urban growth area is not 17
required to accommodate the urban growth projected to occur in the 18
county for the succeeding 20-year period, but does determine that 19
patterns of development have created pressure in areas that exceed 20
available, developable lands within the urban growth area, the urban 21
growth area or areas may be revised to accommodate identified 22
patterns of development and likely future development pressure for 23
the succeeding 20-year period if the following requirements are met:24
(i) The revised urban growth area may not result in an increase 25
in the total surface areas of the urban growth area or areas;26
(ii) The areas added to the urban growth area are not or have not 27
been designated as agricultural, forest, or mineral resource lands of 28
long-term commercial significance; 29
(iii) Less than 15 percent of the areas added to the urban growth 30
area are critical areas; 31
(iv) The areas added to the urban growth areas are suitable for 32
urban growth; 33
(v) The transportation element and capital facility plan element 34
have identified the transportation facilities, and public facilities 35
and services needed to serve the urban growth area and the funding to 36
provide the transportation facilities and public facilities and 37
services; 38
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(vi) The urban growth area is not larger than needed to 1
accommodate the growth planned for the succeeding 20-year planning 2
period and a reasonable land market supply factor; 3
(vii) The areas removed from the urban growth area do not include 4
urban growth or urban densities; and 5
(viii) The revised urban growth area is contiguous, does not 6
include holes or gaps, and will not increase pressures to urbanize 7
rural or natural resource lands. 8
(4) Except as otherwise provided in subsections (6) and (8) of 9
this section, counties and cities shall take action to review and, if 10
needed, revise their comprehensive plans and development regulations 11
to ensure the plan and regulations comply with the requirements of 12
this chapter as follows: 13
(a) On or before June 30, 2015, for King, Pierce, and Snohomish 14
counties and the cities within those counties; 15
(b) On or before June 30, 2016, for Clallam, Clark, Island, 16
Jefferson, Kitsap, Mason, San Juan, Skagit, Thurston, and Whatcom 17
counties and the cities within those counties; 18
(c) On or before June 30, 2017, for Benton, Chelan, Cowlitz, 19
Douglas, Kittitas, Lewis, Skamania, Spokane, and Yakima counties and 20
the cities within those counties; and 21
(d) On or before June 30, 2018, for Adams, Asotin, Columbia, 22
Ferry, Franklin, Garfield, Grant, Grays Harbor, Klickitat, Lincoln, 23
Okanogan, Pacific, Pend Oreille, Stevens, Wahkiakum, Walla Walla, and 24
Whitman counties and the cities within those counties.25
(5) Except as otherwise provided in subsections (6) and (8) of 26
this section, following the review of comprehensive plans and 27
development regulations required by subsection (4) of this section, 28
counties and cities shall take action to review and, if needed, 29
revise their comprehensive plans and development regulations to 30
ensure the plan and regulations comply with the requirements of this 31
chapter as follows: 32
(a) Except as provided in subsection (10) of this section, on or 33
before December 31, 2024, with the following review and, if needed, 34
revision on or before June 30, 2034, and then every 10 years 35
thereafter, for King, Kitsap, Pierce, and Snohomish counties and the 36
cities within those counties; 37
(b) On or before December 31, 2025, with the following review 38
and, if needed, revision on or before June 30, 2035, and then every 39
10 years thereafter, for Clallam, Clark, Island, Jefferson, Lewis, 40
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Mason, San Juan, Skagit, Thurston, and Whatcom counties and the 1
cities within those counties; 2
(c) On or before June 30, 2026, and every 10 years thereafter, 3
for Benton, Chelan, Cowlitz, Douglas, Franklin, Kittitas, Skamania, 4
Spokane, Walla Walla, and Yakima counties and the cities within those 5
counties; and 6
(d) On or before June 30, 2027, and every 10 years thereafter, 7
for Adams, Asotin, Columbia, Ferry, Garfield, Grant, Grays Harbor, 8
Klickitat, Lincoln, Okanogan, Pacific, Pend Oreille, Stevens, 9
Wahkiakum, and Whitman counties and the cities within those counties.10
(6)(a) Nothing in this section precludes a county or city from 11
conducting the review and evaluation required by this section before 12
the deadlines established in subsections (4) and (5) of this section. 13
Counties and cities may begin this process early and may be eligible 14
for grants from the department, subject to available funding, if they 15
elect to do so. 16
(b) A county that is subject to a deadline established in 17
subsection (5)(b) through (d) of this section and meets the following 18
criteria may comply with the requirements of this section at any time 19
within the 24 months following the deadline established in subsection 20
(5) of this section: The county has a population of less than 50,000 21
and has had its population increase by no more than 17 percent in the 22
10 years preceding the deadline established in subsection (5) of this 23
section as of that date. 24
(c) A city that is subject to a deadline established in 25
subsection (5)(b) through (d) of this section and meets the following 26
criteria may comply with the requirements of this section at any time 27
within the 24 months following the deadline established in subsection 28
(5) of this section: The city has a population of no more than 5,000 29
and has had its population increase by the greater of either no more 30
than 100 persons or no more than 17 percent in the 10 years preceding 31
the deadline established in subsection (5) of this section as of that 32
date. 33
(d) State agencies are encouraged to provide technical assistance 34
to the counties and cities in the review of critical area ordinances, 35
comprehensive plans, and development regulations. 36
(7)(a) The requirements imposed on counties and cities under this 37
section shall be considered "requirements of this chapter" under the 38
terms of RCW 36.70A.040(1). Only those counties and cities that meet 39
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the following criteria may receive grants, loans, pledges, or 1
financial guarantees under chapter 43.155 or 70A.135 RCW:2
(i) Complying with the deadlines in this section; or3
(ii) Demonstrating substantial progress towards compliance with 4
the schedules in this section for development regulations that 5
protect critical areas. 6
(b) A county or city that is fewer than 12 months out of 7
compliance with the schedules in this section for development 8
regulations that protect critical areas is making substantial 9
progress towards compliance. Only those counties and cities in 10
compliance with the schedules in this section may receive preference 11
for grants or loans subject to the provisions of RCW 43.17.250.12
(8)(a) Except as otherwise provided in (c) of this subsection, if 13
a participating watershed is achieving benchmarks and goals for the 14
protection of critical areas functions and values, the county is not 15
required to update development regulations to protect critical areas 16
as they specifically apply to agricultural activities in that 17
watershed. 18
(b) A county that has made the election under RCW 36.70A.710(1) 19
may only adopt or amend development regulations to protect critical 20
areas as they specifically apply to agricultural activities in a 21
participating watershed if: 22
(i) A work plan has been approved for that watershed in 23
accordance with RCW 36.70A.725; 24
(ii) The local watershed group for that watershed has requested 25
the county to adopt or amend development regulations as part of a 26
work plan developed under RCW 36.70A.720; 27
(iii) The adoption or amendment of the development regulations is 28
necessary to enable the county to respond to an order of the growth 29
management hearings board or court; 30
(iv) The adoption or amendment of development regulations is 31
necessary to address a threat to human health or safety; or32
(v) Three or more years have elapsed since the receipt of 33
funding. 34
(c) Beginning 10 years from the date of receipt of funding, a 35
county that has made the election under RCW 36.70A.710(1) must review 36
and, if necessary, revise development regulations to protect critical 37
areas as they specifically apply to agricultural activities in a 38
participating watershed in accordance with the review and revision 39
requirements and timeline in subsection (5) of this section. This 40
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subsection (8)(c) does not apply to a participating watershed that 1
has determined under RCW 36.70A.720(2)(c)(ii) that the watershed's 2
goals and benchmarks for protection have been met. 3
(9)(a) Counties subject to planning deadlines established in 4
subsection (5) of this section that are required or that choose to 5
plan under RCW 36.70A.040 and that meet either criteria of (a)(i) or 6
(ii) of this subsection, and cities with a population of more than 7
6,000 as of April 1, 2021, within those counties, must provide to the 8
department an implementation progress report detailing the progress 9
they have achieved in implementing their comprehensive plan five 10
years after the review and revision of their comprehensive plan. Once 11
a county meets the criteria in (a)(i) or (ii) of this subsection, the 12
implementation progress report requirements remain in effect 13
thereafter for that county and the cities therein with populations 14
greater than 6,000 as of April 1, 2021, even if the county later no 15
longer meets either or both criteria. A county is subject to the 16
implementation progress report requirement if it meets either of the 17
following criteria on or after April 1, 2021: 18
(i) The county has a population density of at least 100 people 19
per square mile and a population of at least 200,000; or20
(ii) The county has a population density of at least 75 people 21
per square mile and an annual growth rate of at least 1.75 percent as 22
determined by the office of financial management. 23
(b) The department shall adopt guidelines for indicators, 24
measures, milestones, and criteria for use by counties and cities in 25
the implementation progress report that must cover:26
(i) The implementation of previously adopted changes to the 27
housing element and any effect those changes have had on housing 28
affordability and availability within the jurisdiction;29
(ii) Permit processing timelines; and 30
(iii) Progress toward implementing any actions required to 31
achieve reductions to meet greenhouse gas and vehicle miles traveled 32
requirements as provided for in any element of the comprehensive plan 33
under RCW 36.70A.070. 34
(c) If a city or county required to provide an implementation 35
progress report under this subsection (9) has not implemented any 36
specifically identified regulations, zoning and land use changes, or 37
taken other legislative or administrative action necessary to 38
implement any changes in the most recent periodic update in their 39
comprehensive plan by the due date for the implementation progress 40
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report, the city or county must identify the need for such action in 1
the implementation progress report. Cities and counties must adopt a 2
work plan to implement any necessary regulations, zoning and land use 3
changes, or take other legislative or administrative action 4
identified in the implementation progress report and complete all 5
work necessary for implementation within two years of submission of 6
the implementation progress report. 7
(10) Any county or city that is required by RCW 36.70A.095 to 8
include in its comprehensive plan a climate change and resiliency 9
element and that is also required by subsection (5)(a) of this 10
section to review and, if necessary, revise its comprehensive plan on 11
or before December 31, 2024, must update its transportation element 12
and incorporate a climate change and resiliency element into its 13
comprehensive plan as part of the first implementation progress 14
report required by subsection (9) of this section if funds are 15
appropriated and distributed by December 31, 2027, as required under 16
RCW 36.70A.070(10). 17
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