GMA housing element

AN ACT Relating to ensuring compliance with the housing element 1
requirements of the growth management act; amending RCW 36.70A.290, 2
36.70A.320, and 36.70A.130; reenacting and amending RCW 36.70A.280 3
and 43.21C.495; adding a new section to chapter 36.70A RCW; and 4
creating a new section. 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:6
NEW SECTION. Sec. 1. A new section is added to chapter 36.70A 7
RCW to read as follows: 8
(1)(a) A county or city that is required or chooses to plan under 9
RCW 36.70A.040 must submit any housing element required under RCW 10
36.70A.070(2) and any housing development regulations adopted or 11
amended on or after the effective date of this section to the 12
department for review to determine whether the housing element or 13
housing development regulations comply with the laws and regulations 14
identified in subsection (5) of this section. 15
(b) A county or city must submit its application to the 16
department as follows: 17
(i) Within 10 days after any final action to amend, repeal, or 18
replace the housing element or housing development regulations; and19
(ii) No later than six months after the date that: (A) Each 20
comprehensive plan update is due under RCW 36.70A.130; and (B) each 21
H-0436.1
HOUSE BILL 1235
State of Washington 69th Legislature 2025 Regular Session
By Representatives Peterson, Berry, Ramel, Alvarado, Macri, Cortes,
Ryu, Doglio, Simmons, Street, Duerr, Nance, and Lekanoff
Prefiled 01/10/25. Read first time 01/13/25. Referred to Committee
on Housing.
p. 1 HB 1235
five-year implementation progress report is due under RCW 1
36.70A.130(9)(a). 2
(c) Notwithstanding (a) of this subsection, the department may 3
review housing development regulations adopted or amended before the 4
effective date of this section if amendments to those regulations are 5
necessary to implement the housing element or any laws and 6
regulations identified in subsection (5) of this section.7
(2) Notwithstanding RCW 36.70A.320(1), a housing element or 8
housing development regulation subject to review under this section 9
does not take effect until the department issues a final decision 10
determining that the housing element or housing development 11
regulation complies with the laws and regulations identified in 12
subsection (5) of this section. 13
(3)(a) An application for review must include, at a minimum, the 14
following: 15
(i) A cover letter from the legislative authority requesting 16
review of the housing element or housing development regulations;17
(ii) A copy of the adopted ordinance or resolution taking the 18
legislative action or actions required to adopt the housing element 19
or housing development regulations; 20
(iii) A statement explaining how the adopted housing element or 21
housing development regulations comply with the laws and regulations 22
identified in subsection (5) of this section; and 23
(iv) A copy of the record developed by the city or county at any 24
public meeting or public hearing at which action was taken on the 25
housing element or housing development regulations.26
(b) For purposes of this subsection, "action" and "meeting" have 27
the same definitions as in RCW 42.30.020. 28
(4)(a) Within 90 days of the date of receipt of an application, 29
the department shall issue a final decision determining whether the 30
housing element and any housing development regulations comply with 31
the laws and regulations identified in subsection (5) of this 32
section. 33
(b) The department must issue its final decision in the form of a 34
written statement, including findings of fact and conclusions, and 35
noting the date of the issuance of its decision. The department's 36
issued decision must conspicuously and plainly state that it is the 37
department's final decision. 38
(c) The department shall promptly publish its final decision as 39
follows: 40
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(i) Notify the city or county in writing of its decision;1
(ii) Publish a notice of action in the Washington State Register;2
(iii) Post a notice of its decision on the agency website; and3
(iv) Notify other relevant state agencies regarding the decision.4
(5)(a) The department shall issue a determination of compliance 5
for a housing element or housing development regulation unless it 6
finds that the housing element or housing development regulation is 7
not consistent with any of the following laws and regulations:8
(i) The housing planning goal set forth in RCW 36.70A.020(4);9
(ii) The housing element requirements set forth in RCW 10
36.70A.070(2); 11
(iii) Any relevant rules adopted by the department;12
(iv) Any relevant state environmental policy act requirements in 13
chapter 43.21C RCW; 14
(v) The county's or city's comprehensive plan;15
(vi) Emergency shelters, transitional housing, emergency housing, 16
and permanent supportive housing requirements in RCW 35.21.683 and 17
35A.21.430; 18
(vii) Co-living housing requirements in RCW 36.70A.535;19
(viii) Density bonuses required in RCW 36.70A.545;20
(ix) Parking requirements in RCW 36.70A.620 and 36.70A.622; or21
(x) Housing requirements in RCW 36.70A.635, 36.70A.636, 22
36.70A.637, 36.70A.638, 36.70A.680, 36.70A.681, 36.70A.682, 23
36.70A.696, 36.70A.697, 36.70A.698, and 36.70A.699.24
(b) Within six months of the effective date of this section, the 25
department shall publish a defined set of minimum objective standards 26
that jurisdictions must meet in order to comply with this section.27
(6)(a) The department shall publish and regularly update a local 28
government compliance list that includes, at minimum, the following 29
information for each city or county: 30
(i) Whether the city or county is subject to the requirements in 31
this section; 32
(ii) Whether the city or county has applied for a determination 33
of compliance and, if so, the date of the application; and34
(iii) Whether the department has issued a final decision on 35
compliance for the city or county and, if so, the nature of the 36
decision, the date that the decision was issued, and the status or 37
outcome of any appeals. 38
(b) The local government compliance list must be made publicly 39
available on the department's website. 40
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(7) The department's final decision on compliance, and any 1
housing element or housing development regulations subject to review 2
under this section, may be appealed to the growth management hearings 3
board by filing a petition as provided in RCW 36.70A.290.4
(8)(a) A city or county subject to the requirements in this 5
section may not deny an affordable or moderate-income housing 6
development, or approve an affordable or moderate-income housing 7
development with conditions or restrictions that have a substantial 8
adverse impact on the viability of the development or the degree of 9
affordability of the development unless at least one of the following 10
conditions is met: 11
(i) The city or county has received a final decision from the 12
department determining that its housing element and any housing 13
development regulations comply with the laws and regulations 14
identified in subsection (5) of this section; 15
(ii) The denial of the affordable or moderate-income housing 16
development, or the approval of the affordable or moderate-income 17
housing development with conditions or restrictions that have a 18
substantial adverse impact on the viability of the development or the 19
degree of affordability of the development, is required in order to 20
comply with specific state or federal law; 21
(iii) The affordable or moderate-income housing development or 22
proposed development site is located outside an urban growth area, in 23
a critical area, in a critical area buffer, or in an area where 24
residential uses are not allowed by the applicable shoreline master 25
program; or 26
(iv) The affordable or moderate-income housing development or 27
proposed development site is located in an area where neither the 28
local jurisdiction's comprehensive plan nor zoning ordinance permits 29
residential or mixed uses. 30
(b) The county or city must require the developer of an 31
affordable or moderate-income housing development to include legally 32
binding, enforceable restrictions on the development, recorded as a 33
covenant or deed restriction, to ensure that the measures of 34
affordability described in subsection (10)(a) of this section are met 35
for a minimum 25-year period. The county or city must periodically 36
audit compliance with the restrictions or provide another mechanism 37
to ensure that the units committed to affordable or moderate-income 38
housing meet the measures of affordability described in subsection 39
(10)(a) of this section during the agreed term. 40
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(9) The department may adopt any rules necessary to implement 1
this section. 2
(10) The definitions in this subsection apply throughout this 3
section unless the context clearly requires otherwise.4
(a) "Affordable or moderate-income housing development" means a 5
residential housing development where the developer has agreed to 6
include legally binding, enforceable restrictions on the development, 7
recorded as a covenant or deed restriction, to ensure that for at 8
least 25-years: 9
(i) At least 20 percent of the units are for rental housing with 10
monthly costs that do not exceed 30 percent of the monthly income of 11
a household whose income is at 60 percent of the median household 12
income adjusted for household size, for the county where the 13
household is located, as reported by the United States department of 14
housing and urban development; 15
(ii) At least 20 percent of the units are for owner-occupied 16
housing with monthly costs that do not exceed 30 percent of the 17
monthly income of a household whose income is at 80 percent of the 18
median household income adjusted for household size, for the county 19
where the household is located, as reported by the United States 20
department of housing and urban development; 21
(iii) All of the units are for rental housing with monthly costs 22
that do not exceed 30 percent of the monthly income of a household 23
whose income is at 100 percent of the median household income 24
adjusted for household size, for the county where the household is 25
located, as reported by the United States department of housing and 26
urban development; or 27
(iv) All of the units are for owner-occupied housing with monthly 28
costs that do not exceed 30 percent of the monthly income of a 29
household whose income is at 120 percent of the median household 30
income adjusted for household size, for the county where the 31
household is located, as reported by the United States department of 32
housing and urban development. 33
(b) "Housing development regulations" means any development 34
regulations related to the housing element requirements under RCW 35
36.70A.070(2) including, but not limited to, development regulations 36
related to affordable housing, middle housing, co-living housing, 37
accessory dwelling units, emergency shelters, transitional housing, 38
emergency housing, permanent supportive housing, conversions of 39
p. 5 HB 1235
nonresidential buildings to residential use, and any zoning maps and 1
zoning districts. 2
Sec. 2. RCW 36.70A.280 and 2023 c 334 s 7, 2023 c 332 s 6, and 3
2023 c 228 s 7 are each reenacted and amended to read as follows:4
(1) The growth management hearings board shall hear and determine 5
only those petitions alleging either: 6
(a) That, except as provided otherwise by this subsection, a 7
state agency, county, or city planning under this chapter is not in 8
compliance with the requirements of this chapter, chapter 90.58 RCW 9
as it relates to the adoption of shoreline master programs or 10
amendments thereto, or chapter 43.21C RCW as it relates to plans, 11
development regulations, or amendments, adopted under RCW 36.70A.040 12
or chapter 90.58 RCW. Nothing in this subsection authorizes the board 13
to hear petitions alleging noncompliance based on a city or county's 14
actions taken to implement the requirements of RCW 36.70A.680 and 15
36.70A.681 within an urban growth area; 16
(b) That the 20-year growth management planning population 17
projections adopted by the office of financial management pursuant to 18
RCW 43.62.035 should be adjusted; 19
(c) That the approval of a work plan adopted under RCW 20
36.70A.735(1)(a) is not in compliance with the requirements of the 21
program established under RCW 36.70A.710; 22
(d) That regulations adopted under RCW 36.70A.735(1)(b) are not 23
regionally applicable and cannot be adopted, wholly or partially, by 24
another jurisdiction; 25
(e) That a department certification under RCW 36.70A.735(1)(c) is 26
erroneous; 27
(f) That the department's final decision to approve or reject a 28
proposed greenhouse gas emissions reduction subelement or amendments 29
by a local government planning under RCW 36.70A.040 was not in 30
compliance with the joint guidance issued by the department pursuant 31
to RCW 70A.45.120; ((or))32
(g) That the department's final decision to approve or reject 33
actions by a city implementing RCW 36.70A.635 is clearly erroneous ; 34
or35
(h) That the department's final decision on the compliance of a 36
housing element and any related housing development regulations under 37
section 1 of this act is clearly erroneous. 38
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(2) A petition may be filed only by: (a) The state, or a county 1
or city that plans under this chapter; (b) a person who has 2
participated orally or in writing before the county or city regarding 3
the matter on which a review is being requested; (c) a person who is 4
certified by the governor within 60 days of filing the request with 5
the board; or (d) a person qualified pursuant to RCW 34.05.530.6
(3) For purposes of this section , "person" means any individual, 7
partnership, corporation, association, state agency, governmental 8
subdivision or unit thereof, or public or private organization or 9
entity of any character. 10
(4) To establish participation standing under subsection (2)(b) 11
of this section, a person must show that his or her participation 12
before the county or city was reasonably related to the person's 13
issue as presented to the board. 14
(5) When considering a possible adjustment to a growth management 15
planning population projection prepared by the office of financial 16
management, the board shall consider the implications of any such 17
adjustment to the population forecast for the entire state.18
The rationale for any adjustment that is adopted by the board 19
must be documented and filed with the office of financial management 20
within ten working days after adoption. 21
If adjusted by the board, a county growth management planning 22
population projection shall only be used for the planning purposes 23
set forth in this chapter and shall be known as the "board adjusted 24
population projection." None of these changes shall affect the 25
official state and county population forecasts prepared by the office 26
of financial management, which shall continue to be used for state 27
budget and planning purposes. 28
Sec. 3. RCW 36.70A.290 and 2011 c 277 s 1 are each amended to 29
read as follows: 30
(1) All requests for review to the growth management hearings 31
board shall be initiated by filing a petition that includes a 32
detailed statement of issues presented for resolution by the board. 33
The board shall render written decisions articulating the basis for 34
its holdings. The board shall not issue advisory opinions on issues 35
not presented to the board in the statement of issues, as modified by 36
any prehearing order. 37
(2) All petitions relating to whether or not an adopted 38
comprehensive plan, development regulation, or permanent amendment 39
p. 7 HB 1235
thereto, is in compliance with the goals and requirements of this 1
chapter or chapter 90.58 or 43.21C RCW must be filed within sixty 2
days after publication as provided in (a) through (((c))) (d) of this 3
subsection. 4
(a) Except as provided in (c) and (d) of this subsection, the 5
date of publication for a city shall be the date the city publishes 6
the ordinance, or summary of the ordinance, adopting the 7
comprehensive plan or development regulations, or amendment thereto, 8
as is required to be published. 9
(b) Promptly after adoption, a county shall publish a notice that 10
it has adopted the comprehensive plan or development regulations, or 11
amendment thereto. 12
Except as provided in (c) and (d) of this subsection, for 13
purposes of this section the date of publication for a county shall 14
be the date the county publishes the notice that it has adopted the 15
comprehensive plan or development regulations, or amendment thereto.16
(c) For local governments planning under RCW 36.70A.040, promptly 17
after approval or disapproval of a local government's shoreline 18
master program or amendment thereto by the department of ecology as 19
provided in RCW 90.58.090, the department of ecology shall publish a 20
notice that the shoreline master program or amendment thereto has 21
been approved or disapproved. For purposes of this section, the date 22
of publication for the adoption or amendment of a shoreline master 23
program is the date the department of ecology publishes notice that 24
the shoreline master program or amendment thereto has been approved 25
or disapproved. 26
(d) For purposes of this section, the date of publication for a 27
housing element and any housing development regulations submitted to 28
the department for review under section 1 of this act is the date the 29
department publishes its final decision on compliance in the 30
Washington State Register or on the department's website, whichever 31
is later.32
(3)(a) All petitions relating to whether the department's final 33
decision under section 1 of this act is clearly erroneous must be 34
filed within 60 days after the department publishes its final 35
decision in the Washington State Register or on the department's 36
website, whichever is later.37
(b) A decision of the board concerning an appeal of the 38
department's final decision under section 1 of this act must be based 39
solely on whether the relevant housing element or housing development 40
p. 8 HB 1235
regulations comply with the laws and regulations identified in 1
section 1(5) of this act. 2
(4) Unless the board dismisses the petition as frivolous or finds 3
that the person filing the petition lacks standing, or the parties 4
have filed an agreement to have the case heard in superior court as 5
provided in RCW 36.70A.295, the board shall, within ten days of 6
receipt of the petition, set a time for hearing the matter.7
(((4))) (5) The board shall base its decision on the record 8
developed by the city, county, or the state and supplemented with 9
additional evidence if the board determines that such additional 10
evidence would be necessary or of substantial assistance to the board 11
in reaching its decision. 12
(((5))) (6) The board, shall consolidate, when appropriate, all 13
petitions involving the review of the same comprehensive plan or the 14
same development regulation or regulations. 15
Sec. 4. RCW 36.70A.320 and 2023 c 228 s 8 are each amended to 16
read as follows: 17
(1) Except as provided in subsections (5) ((and (6))) through (7) 18
of this section, comprehensive plans and development regulations, and 19
amendments thereto, adopted under this chapter are presumed valid 20
upon adoption. 21
(2) Except as otherwise provided in subsection (4) of this 22
section, the burden is on the petitioner to demonstrate that any 23
action taken by a state agency, county, or city under this chapter is 24
not in compliance with the requirements of this chapter.25
(3) In any petition under this chapter, the board, after full 26
consideration of the petition, shall determine whether there is 27
compliance with the requirements of this chapter. In making its 28
determination, the board shall consider the criteria adopted by the 29
department under RCW 36.70A.190(4). The board shall find compliance 30
unless it determines that the action by the state agency, county, or 31
city is clearly erroneous in view of the entire record before the 32
board and in light of the goals and requirements of this chapter.33
(4) A county or city subject to a determination of invalidity 34
made under RCW 36.70A.300 or 36.70A.302 has the burden of 35
demonstrating that the ordinance or resolution it has enacted in 36
response to the determination of invalidity will no longer 37
substantially interfere with the fulfillment of the goals of this 38
chapter under the standard in RCW 36.70A.302(1). 39
p. 9 HB 1235
(5) The shoreline element of a comprehensive plan and the 1
applicable development regulations adopted by a county or city shall 2
take effect as provided in chapter 90.58 RCW. 3
(6) The greenhouse gas emissions reduction subelement required by 4
RCW 36.70A.070 shall take effect as provided in RCW 36.70A.096.5
(7) Any housing element and any housing development regulations 6
subject to review under section 1 of this act take effect as provided 7
in section 1 of this act.8
Sec. 5. RCW 36.70A.130 and 2024 c 17 s 1 are each amended to 9
read as follows: 10
(1)(a) Each comprehensive land use plan and development 11
regulations shall be subject to continuing review and evaluation by 12
the county or city that adopted them. Except as otherwise provided, a 13
county or city shall take legislative action to review and, if 14
needed, revise its comprehensive land use plan and development 15
regulations to ensure the plan and regulations comply with the 16
requirements of this chapter according to the deadlines in 17
subsections (4) and (5) of this section. 18
(b)(i) A city or town located within a county planning under RCW 19
36.70A.040 may opt out of a full review and revisions of its 20
comprehensive plan established in this section if the city or town 21
meets the following criteria: 22
(A) Has a population fewer than 500; 23
(B) Is not located within 10 miles of a city with a population 24
over 100,000; 25
(C) Experienced a population growth rate of fewer than 10 percent 26
in the preceding 10 years; and 27
(D) Has provided the department with notice of its intent to 28
participate in a partial review and revision of its comprehensive 29
plan. 30
(ii) The department shall review the population growth rate for a 31
city or town participating in the partial review and revision of its 32
comprehensive plan process at least three years before the periodic 33
update is due as outlined in subsection (4) of this section and 34
notify cities of their eligibility. 35
(iii) A city or town that opts out of a full review and revision 36
of its comprehensive plan must update its critical areas regulations 37
and its capital facilities element and its transportation element.38
p. 10 HB 1235
(c) Except as otherwise provided, a county or city not planning 1
under RCW 36.70A.040 shall take action to review and, if needed, 2
revise its policies and development regulations regarding critical 3
areas and natural resource lands adopted according to this chapter to 4
ensure these policies and regulations comply with the requirements of 5
this chapter according to the deadlines in subsections (4) and (5) of 6
this section. Legislative action means the adoption of a resolution 7
or ordinance following notice and a public hearing indicating at a 8
minimum, a finding that a review and evaluation has occurred and 9
identifying the revisions made, or that a revision was not needed and 10
the reasons therefor. 11
(d) The review and evaluation required by this subsection shall 12
include, but is not limited to, consideration of critical area 13
ordinances and, if planning under RCW 36.70A.040, an analysis of the 14
population allocated to a city or county from the most recent 10-year 15
population forecast by the office of financial management.16
(e) Any amendment of or revision to a comprehensive land use plan 17
shall conform to this chapter. Any amendment of or revision to 18
development regulations shall be consistent with and implement the 19
comprehensive plan. 20
(2)(a) Each county and city shall establish and broadly 21
disseminate to the public a public participation program consistent 22
with RCW 36.70A.035 and 36.70A.140 that identifies procedures and 23
schedules whereby updates, proposed amendments, or revisions of the 24
comprehensive plan are considered by the governing body of the county 25
or city no more frequently than once every year. "Updates" means to 26
review and revise, if needed, according to subsection (1) of this 27
section, and the deadlines in subsections (4) and (5) of this section 28
or in accordance with the provisions of subsection (6) of this 29
section. Amendments may be considered more frequently than once per 30
year under the following circumstances: 31
(i) The initial adoption of a subarea plan. Subarea plans adopted 32
under this subsection (2)(a)(i) must clarify, supplement, or 33
implement jurisdiction-wide comprehensive plan policies, and may only 34
be adopted if the cumulative impacts of the proposed plan are 35
addressed by appropriate environmental review under chapter 43.21C 36
RCW; 37
(ii) The development of an initial subarea plan for economic 38
development located outside of the 100 year floodplain in a county 39
p. 11 HB 1235
that has completed a state-funded pilot project that is based on 1
watershed characterization and local habitat assessment;2
(iii) The adoption or amendment of a shoreline master program 3
under the procedures set forth in chapter 90.58 RCW;4
(iv) The amendment of the capital facilities element of a 5
comprehensive plan that occurs concurrently with the adoption or 6
amendment of a county or city budget; ((or))7
(v) The adoption of comprehensive plan amendments necessary to 8
enact a planned action under RCW 43.21C.440, provided that amendments 9
are considered in accordance with the public participation program 10
established by the county or city under this subsection (2)(a) and 11
all persons who have requested notice of a comprehensive plan update 12
are given notice of the amendments and an opportunity to comment; or13
(vi) The adoption or amendment of any housing element or any 14
housing development regulations necessary to receive a determination 15
of compliance under section 1 of this act. 16
(b) Except as otherwise provided in (a) of this subsection, all 17
proposals shall be considered by the governing body concurrently so 18
the cumulative effect of the various proposals can be ascertained. 19
However, after appropriate public participation a county or city may 20
adopt amendments or revisions to its comprehensive plan that conform 21
with this chapter whenever an emergency exists or to resolve an 22
appeal of a comprehensive plan filed with the growth management 23
hearings board or with the court. 24
(3)(a) Each county that designates urban growth areas under RCW 25
36.70A.110 shall review, according to the schedules established in 26
subsections (4) and (5) of this section, its designated urban growth 27
area or areas, patterns of development occurring within the urban 28
growth area or areas, and the densities permitted within both the 29
incorporated and unincorporated portions of each urban growth area. 30
In conjunction with this review by the county, each city located 31
within an urban growth area shall review the densities permitted 32
within its boundaries, and the extent to which the urban growth 33
occurring within the county has located within each city and the 34
unincorporated portions of the urban growth areas.35
(b) The county comprehensive plan designating urban growth areas, 36
and the densities permitted in the urban growth areas by the 37
comprehensive plans of the county and each city located within the 38
urban growth areas, shall be revised to accommodate the urban growth 39
projected to occur in the county for the succeeding 20-year period. 40
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The review required by this subsection may be combined with the 1
review and evaluation required by RCW 36.70A.215. 2
(c) If, during the county's review under (a) of this subsection, 3
the county determines revision of the urban growth area is not 4
required to accommodate the urban growth projected to occur in the 5
county for the succeeding 20-year period, but does determine that 6
patterns of development have created pressure in areas that exceed 7
available, developable lands within the urban growth area, the urban 8
growth area or areas may be revised to accommodate identified 9
patterns of development and likely future development pressure for 10
the succeeding 20-year period if the following requirements are met:11
(i) The revised urban growth area may not result in an increase 12
in the total surface areas of the urban growth area or areas;13
(ii) The areas added to the urban growth area are not or have not 14
been designated as agricultural, forest, or mineral resource lands of 15
long-term commercial significance; 16
(iii) Less than 15 percent of the areas added to the urban growth 17
area are critical areas; 18
(iv) The areas added to the urban growth areas are suitable for 19
urban growth; 20
(v) The transportation element and capital facility plan element 21
have identified the transportation facilities, and public facilities 22
and services needed to serve the urban growth area and the funding to 23
provide the transportation facilities and public facilities and 24
services; 25
(vi) The urban growth area is not larger than needed to 26
accommodate the growth planned for the succeeding 20-year planning 27
period and a reasonable land market supply factor;28
(vii) The areas removed from the urban growth area do not include 29
urban growth or urban densities; and 30
(viii) The revised urban growth area is contiguous, does not 31
include holes or gaps, and will not increase pressures to urbanize 32
rural or natural resource lands. 33
(4) Except as otherwise provided in subsections (6) and (8) of 34
this section, counties and cities shall take action to review and, if 35
needed, revise their comprehensive plans and development regulations 36
to ensure the plan and regulations comply with the requirements of 37
this chapter as follows: 38
(a) On or before June 30, 2015, for King, Pierce, and Snohomish 39
counties and the cities within those counties; 40
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(b) On or before June 30, 2016, for Clallam, Clark, Island, 1
Jefferson, Kitsap, Mason, San Juan, Skagit, Thurston, and Whatcom 2
counties and the cities within those counties; 3
(c) On or before June 30, 2017, for Benton, Chelan, Cowlitz, 4
Douglas, Kittitas, Lewis, Skamania, Spokane, and Yakima counties and 5
the cities within those counties; and 6
(d) On or before June 30, 2018, for Adams, Asotin, Columbia, 7
Ferry, Franklin, Garfield, Grant, Grays Harbor, Klickitat, Lincoln, 8
Okanogan, Pacific, Pend Oreille, Stevens, Wahkiakum, Walla Walla, and 9
Whitman counties and the cities within those counties.10
(5) Except as otherwise provided in subsections (6) and (8) of 11
this section, following the review of comprehensive plans and 12
development regulations required by subsection (4) of this section, 13
counties and cities shall take action to review and, if needed, 14
revise their comprehensive plans and development regulations to 15
ensure the plan and regulations comply with the requirements of this 16
chapter as follows: 17
(a) Except as provided in subsection (10) of this section, on or 18
before December 31, 2024, with the following review and, if needed, 19
revision on or before June 30, 2034, and then every 10 years 20
thereafter, for King, Kitsap, Pierce, and Snohomish counties and the 21
cities within those counties; 22
(b) On or before December 31, 2025, with the following review 23
and, if needed, revision on or before June 30, 2035, and then every 24
10 years thereafter, for Clallam, Clark, Island, Jefferson, Lewis, 25
Mason, San Juan, Skagit, Thurston, and Whatcom counties and the 26
cities within those counties; 27
(c) On or before June 30, 2026, and every 10 years thereafter, 28
for Benton, Chelan, Cowlitz, Douglas, Franklin, Kittitas, Skamania, 29
Spokane, Walla Walla, and Yakima counties and the cities within those 30
counties; and 31
(d) On or before June 30, 2027, and every 10 years thereafter, 32
for Adams, Asotin, Columbia, Ferry, Garfield, Grant, Grays Harbor, 33
Klickitat, Lincoln, Okanogan, Pacific, Pend Oreille, Stevens, 34
Wahkiakum, and Whitman counties and the cities within those counties.35
(6)(a) Nothing in this section precludes a county or city from 36
conducting the review and evaluation required by this section before 37
the deadlines established in subsections (4) and (5) of this section. 38
Counties and cities may begin this process early and may be eligible 39
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for grants from the department, subject to available funding, if they 1
elect to do so. 2
(b) A county that is subject to a deadline established in 3
subsection (5)(b) through (d) of this section and meets the following 4
criteria may comply with the requirements of this section at any time 5
within the 24 months following the deadline established in subsection 6
(5) of this section: The county has a population of less than 50,000 7
and has had its population increase by no more than 17 percent in the 8
10 years preceding the deadline established in subsection (5) of this 9
section as of that date. 10
(c) A city that is subject to a deadline established in 11
subsection (5)(b) through (d) of this section and meets the following 12
criteria may comply with the requirements of this section at any time 13
within the 24 months following the deadline established in subsection 14
(5) of this section: The city has a population of no more than 5,000 15
and has had its population increase by the greater of either no more 16
than 100 persons or no more than 17 percent in the 10 years preceding 17
the deadline established in subsection (5) of this section as of that 18
date. 19
(d) State agencies are encouraged to provide technical assistance 20
to the counties and cities in the review of critical area ordinances, 21
comprehensive plans, and development regulations. 22
(7)(a) The requirements imposed on counties and cities under this 23
section shall be considered "requirements of this chapter" under the 24
terms of RCW 36.70A.040(1). Only those counties and cities that meet 25
the following criteria may receive grants, loans, pledges, or 26
financial guarantees under chapter 43.155 or 70A.135 RCW:27
(i) ((Complying)) The county or city is in compliance with the 28
deadlines in this section; ((or))29
(ii) ((Demonstrating)) The county or city demonstrates 30
substantial progress towards compliance with the ((schedules)) 31
deadlines in this section for development regulations that protect 32
critical areas. (((b) A)) For the purposes of this subsection 33
(7)(a)(ii), a county or city that is fewer than 12 months out of 34
compliance with the ((schedules)) deadlines in this section for 35
development regulations that protect critical areas is making 36
substantial progress towards compliance with the deadlines in this 37
section; or38
(iii) The county or city demonstrates substantial progress 39
towards compliance with the deadlines in this section for any housing 40
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element and any housing development regulations required to be 1
submitted to the department for review under section 1 of this act. 2
For the purposes of this subsection (7)(a)(iii), a county or city 3
that applies to the department for review within the timelines 4
specified under section 1 of this act demonstrates substantial 5
progress towards compliance with the deadlines in this section and is 6
eligible for grants, loans, pledges, or financial guarantees under 7
chapter 43.155 or 70A.135 RCW until the department, the growth 8
management hearings board, or a court of competent jurisdiction 9
issues a final decision determining that the county or city's housing 10
element or any related housing development regulations are not in 11
compliance with the laws and regulations identified in section 1 (5) 12
of this act. 13
(b) Only those counties and cities in compliance with the 14
schedules in this section may receive preference for grants or loans 15
subject to the provisions of RCW 43.17.250. 16
(8)(a) Except as otherwise provided in (c) of this subsection, if 17
a participating watershed is achieving benchmarks and goals for the 18
protection of critical areas functions and values, the county is not 19
required to update development regulations to protect critical areas 20
as they specifically apply to agricultural activities in that 21
watershed. 22
(b) A county that has made the election under RCW 36.70A.710(1) 23
may only adopt or amend development regulations to protect critical 24
areas as they specifically apply to agricultural activities in a 25
participating watershed if: 26
(i) A work plan has been approved for that watershed in 27
accordance with RCW 36.70A.725; 28
(ii) The local watershed group for that watershed has requested 29
the county to adopt or amend development regulations as part of a 30
work plan developed under RCW 36.70A.720; 31
(iii) The adoption or amendment of the development regulations is 32
necessary to enable the county to respond to an order of the growth 33
management hearings board or court; 34
(iv) The adoption or amendment of development regulations is 35
necessary to address a threat to human health or safety; or36
(v) Three or more years have elapsed since the receipt of 37
funding. 38
(c) Beginning 10 years from the date of receipt of funding, a 39
county that has made the election under RCW 36.70A.710(1) must review 40
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and, if necessary, revise development regulations to protect critical 1
areas as they specifically apply to agricultural activities in a 2
participating watershed in accordance with the review and revision 3
requirements and timeline in subsection (5) of this section. This 4
subsection (8)(c) does not apply to a participating watershed that 5
has determined under RCW 36.70A.720(2)(c)(ii) that the watershed's 6
goals and benchmarks for protection have been met. 7
(9)(a) Counties subject to planning deadlines established in 8
subsection (5) of this section that are required or that choose to 9
plan under RCW 36.70A.040 and that meet either criteria of (a)(i) or 10
(ii) of this subsection, and cities with a population of more than 11
6,000 as of April 1, 2021, within those counties, must provide to the 12
department an implementation progress report detailing the progress 13
they have achieved in implementing their comprehensive plan five 14
years after the review and revision of their comprehensive plan. Once 15
a county meets the criteria in (a)(i) or (ii) of this subsection, the 16
implementation progress report requirements remain in effect 17
thereafter for that county and the cities therein with populations 18
greater than 6,000 as of April 1, 2021, even if the county later no 19
longer meets either or both criteria. A county is subject to the 20
implementation progress report requirement if it meets either of the 21
following criteria on or after April 1, 2021: 22
(i) The county has a population density of at least 100 people 23
per square mile and a population of at least 200,000; or24
(ii) The county has a population density of at least 75 people 25
per square mile and an annual growth rate of at least 1.75 percent as 26
determined by the office of financial management. 27
(b) The department shall adopt guidelines for indicators, 28
measures, milestones, and criteria for use by counties and cities in 29
the implementation progress report that must cover:30
(i) The implementation of previously adopted changes to the 31
housing element and any effect those changes have had on housing 32
affordability and availability within the jurisdiction;33
(ii) Permit processing timelines; and 34
(iii) Progress toward implementing any actions required to 35
achieve reductions to meet greenhouse gas and vehicle miles traveled 36
requirements as provided for in any element of the comprehensive plan 37
under RCW 36.70A.070. 38
(c) If a city or county required to provide an implementation 39
progress report under this subsection (9) has not implemented any 40
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specifically identified regulations, zoning and land use changes, or 1
taken other legislative or administrative action necessary to 2
implement any changes in the most recent periodic update in their 3
comprehensive plan by the due date for the implementation progress 4
report, the city or county must identify the need for such action in 5
the implementation progress report. Cities and counties must adopt a 6
work plan to implement any necessary regulations, zoning and land use 7
changes, or take other legislative or administrative action 8
identified in the implementation progress report and complete all 9
work necessary for implementation within two years of submission of 10
the implementation progress report. 11
(10) Any county or city that is required by RCW 36.70A.095 to 12
include in its comprehensive plan a climate change and resiliency 13
element and that is also required by subsection (5)(a) of this 14
section to review and, if necessary, revise its comprehensive plan on 15
or before December 31, 2024, must update its transportation element 16
and incorporate a climate change and resiliency element into its 17
comprehensive plan as part of the first implementation progress 18
report required by subsection (9) of this section if funds are 19
appropriated and distributed by December 31, 2027, as required under 20
RCW 36.70A.070(10). 21
Sec. 6. RCW 43.21C.495 and 2023 c 334 s 6 and 2023 c 332 s 8 are 22
each reenacted and amended to read as follows: 23
(1) Adoption of ordinances, development regulations and 24
amendments to such regulations, and other nonproject actions taken by 25
a city to implement: The actions specified in section 2, chapter 246, 26
Laws of 2022 unless the adoption of such ordinances, development 27
regulations and amendments to such regulations, or other nonproject 28
actions has a probable significant adverse impact on fish habitat; 29
and the increased residential building capacity actions identified in 30
RCW 36.70A.600(1), with the exception of the action specified in RCW 31
36.70A.600(1)(f), are not subject to administrative or judicial 32
appeals under this chapter. 33
(2) Amendments to development regulations and other nonproject 34
actions taken by a city to implement the requirements under RCW 35
36.70A.635 pursuant to RCW 36.70A.636(3)(b) are not subject to 36
administrative or judicial appeals under this chapter.37
(3) Adoption of ordinances, development regulations and 38
amendments to such regulations, and other nonproject actions taken by 39
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a city or county consistent with the requirements of RCW 36.70A.680 1
and 36.70A.681 are not subject to administrative or judicial appeals 2
under this chapter. 3
(4) Adoption of ordinances, development regulations and 4
amendments to such regulations, and other nonproject actions by a 5
city or county to implement the housing element requirements set 6
forth in RCW 36.70A.070(2) are not subject to administrative or 7
judicial appeals under this chapter.8
NEW SECTION. Sec. 7. This act may be known and cited as the 9
housing accountability act.10
NEW SECTION. Sec. 8. If any provision of this act or its 11
application to any person or circumstance is held invalid, the 12
remainder of the act or the application of the provision to other 13
persons or circumstances is not affected.14
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