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AN ACT Relating to establishing limitations on detached accessory 1
dwelling units outside of urban growth areas; amending RCW 2
36.70A.696; and adding a new section to chapter 36.70A RCW.3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
NEW SECTION. Sec. 1. A new section is added to chapter 36.70A 5
RCW to read as follows: 6
(1) Counties that are required or choose to plan under this 7
chapter may allow detached accessory dwelling units outside of urban 8
growth areas if the county meets the requirements in subsections (2) 9
and (3) of this section, and such detached accessory dwelling units 10
are subject to development regulations that include the following 11
limitations: 12
(a) No parcel may have more than one accessory dwelling unit, 13
whether attached or detached; 14
(b) The detached accessory dwelling unit must be subject to the 15
water supply requirements of RCW 19.27.097 and any groundwater 16
mitigation requirements adopted by the county or department of 17
ecology; 18
(c) The combined water withdrawal for the detached accessory 19
dwelling unit, the principal unit, and any other domestic uses on the 20
H-0508.2
HOUSE BILL 1345
State of Washington 69th Legislature 2025 Regular Session
By Representatives Low, Peterson, Tharinger, Nance, and Gregerson
Read first time 01/16/25. Referred to Committee on Housing.
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parcel may not exceed the use limitations in RCW 90.44.050 for 1
domestic use; 2
(d) Withdrawals of water by each dwelling unit on the parcel must 3
be metered; 4
(e) The applicant must provide documentation that the existing or 5
proposed sewage or septic system is capable of handling the 6
additional demand placed upon it by the detached accessory dwelling 7
unit; 8
(f) The gross floor area of the detached accessory dwelling unit 9
may not exceed the gross floor area of what could be authorized by 10
the county as an expansion of the principal unit to create an 11
attached accessory dwelling unit; however, in no case may the gross 12
floor area be greater than 1,296 square feet. Floor areas exclude 13
garages, porches, and unfinished basements; 14
(g) The detached accessory dwelling unit must utilize the same 15
driveway or other means of ingress and egress as the principal unit;16
(h) The detached accessory dwelling unit must be sited within 150 17
feet of the principal unit; 18
(i) The detached accessory dwelling unit may be the existing 19
principal unit if the existing principal unit meets the requirements 20
of this subsection, is a single-family dwelling unit, and a new 21
principal unit that is a single-family dwelling unit is constructed 22
on the same parcel; and 23
(j) A parcel may not be subdivided for the purposes of avoiding 24
the limits on development regulations described in this subsection.25
(2) In addition to the requirements in subsections (1) and (3) of 26
this section, counties that allow detached accessory dwelling units 27
outside of urban growth areas must have the following code 28
enforcement measures in place: 29
(a) A voluntary county code compliance process through which the 30
owner of an unpermitted detached accessory dwelling unit may bring 31
the unpermitted detached accessory dwelling unit into compliance with 32
applicable regulations. In such a case, a permit penalty of at least 33
double the normal permit fee must be applied; 34
(b) Owners who do not seek voluntary compliance and are found to 35
have constructed or placed a detached accessory dwelling unit without 36
all required permits must be subject to a civil infraction of at 37
least $1,000 and must be required to remove the detached accessory 38
dwelling unit or ensure that it meets all existing development 39
regulations, if applicable. A penalty of at least triple the normal 40
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permit fee must be applied if the accessory dwelling unit remains and 1
meets all existing development regulations; and 2
(c) Any owner who does not seek voluntary compliance and has 3
received a civil infraction for constructing or placing an accessory 4
dwelling unit without all required permits must be prohibited from 5
receiving any permits for the placement or construction of new 6
accessory dwelling units for a period of at least three years.7
(3) In addition to the requirements in subsections (1) and (2) of 8
this section, counties that allow detached accessory dwelling units 9
outside of urban growth areas must take the following actions to 10
account for detached accessory dwelling unit development:11
(a) The county must track and annually report to the department 12
the number of detached accessory dwelling unit permits completed;13
(b) Utilizing the data collected and reported in (a) of this 14
subsection, the county must update its comprehensive land use plan 15
during its next required review and all subsequent reviews required 16
under RCW 36.70A.130(5) to properly account for the number of 17
detached accessory dwelling units completed since the effective date 18
of this section and the projected development over the next 20-year 19
planning period within the overall underlying density outside of 20
urban growth areas; and 21
(c) The county must limit future amendments to its comprehensive 22
land use plan accounting for actual and projected detached accessory 23
dwelling units within the overall underlying density outside of urban 24
growth areas such that these amendments may not occur more than once 25
every five years. 26
(4) Subsection (1) of this section is in addition to other county 27
authority enumerated in this chapter and does not:28
(a) Affect or modify the validity of any county ordinance 29
authorizing accessory dwelling units adopted prior to the effective 30
date of this section; 31
(b) Exclude other means of authorizing accessory dwelling units 32
in urban or rural areas, if consistent with this section; or33
(c) Exclude other innovative techniques under RCW 34
36.70A.070(5)(b), 36.70A.090, or 36.70A.177, if consistent with this 35
section. 36
Sec. 2. RCW 36.70A.696 and 2023 c 334 s 2 are each amended to 37
read as follows: 38
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The definitions in this section apply throughout RCW 36.70A.697, 1
36.70A.698, 36.70A.680, ((and)) 36.70A.681, and section 1 of this act 2
unless the context clearly requires otherwise. 3
(1) "Accessory dwelling unit" means a dwelling unit located on 4
the same lot as a single-family housing unit, duplex, triplex, 5
townhome, or other housing unit. 6
(2) "Attached accessory dwelling unit" means an accessory 7
dwelling unit located within or attached to a single-family housing 8
unit, duplex, triplex, townhome, or other housing unit.9
(3) "City" means any city, code city, and town located in a 10
county planning under RCW 36.70A.040. 11
(4) "County" means any county planning under RCW 36.70A.040.12
(5) "Detached accessory dwelling unit" means an accessory 13
dwelling unit that consists partly or entirely of a building that is 14
separate and detached from a single-family housing unit, duplex, 15
triplex, townhome, or other housing unit and is on the same property.16
(6) "Dwelling unit" means a residential living unit that provides 17
complete independent living facilities for one or more persons and 18
that includes permanent provisions for living, sleeping, eating, 19
cooking, and sanitation. 20
(7) "Gross floor area" means the interior habitable area of a 21
dwelling unit including basements and attics but not including a 22
garage or accessory structure. 23
(8) "Major transit stop" means: 24
(a) A stop on a high capacity transportation system funded or 25
expanded under the provisions of chapter 81.104 RCW;26
(b) Commuter rail stops; 27
(c) Stops on rail or fixed guideway systems, including 28
transitways; 29
(d) Stops on bus rapid transit routes or routes that run on high 30
occupancy vehicle lanes; or 31
(e) Stops for a bus or other transit mode providing actual fixed 32
route service at intervals of at least fifteen minutes for at least 33
five hours during the peak hours of operation on weekdays.34
(9) "Owner" means any person who has at least 50 percent 35
ownership in a property on which an accessory dwelling unit is 36
located. 37
(10) "Principal unit" means the single-family housing unit, 38
duplex, triplex, townhome, or other housing unit located on the same 39
lot as an accessory dwelling unit. 40
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(11) "Short-term rental" means a lodging use, that is not a hotel 1
or motel or bed and breakfast, in which a dwelling unit, or portion 2
thereof, is offered or provided to a guest by a short-term rental 3
operator for a fee for fewer than 30 consecutive nights.4
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