Unincorporated villages/GMA

AN ACT Relating to unincorporated villages in the growth 1
management act; and amending RCW 36.70A.070 and 36.70A.110.2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:3
Sec. 1. RCW 36.70A.070 and 2024 c 135 s 1 are each amended to 4
read as follows: 5
The comprehensive plan of a county or city that is required or 6
chooses to plan under RCW 36.70A.040 shall consist of a map or maps, 7
and descriptive text covering objectives, principles, and standards 8
used to develop the comprehensive plan. The plan shall be an 9
internally consistent document and all elements shall be consistent 10
with the future land use map. A comprehensive plan shall be adopted 11
and amended with public participation as provided in RCW 36.70A.140. 12
Each comprehensive plan shall include a plan, scheme, or design for 13
each of the following: 14
(1) A land use element designating the proposed general 15
distribution and general location and extent of the uses of land, 16
where appropriate, for agriculture, timber production, housing, 17
commerce, industry, recreation, open spaces and green spaces, urban 18
and community forests within the urban growth area, general aviation 19
airports, public utilities, public facilities, and other land uses. 20
The land use element shall include population densities, building 21
H-0476.1
HOUSE BILL 1695
State of Washington 69th Legislature 2025 Regular Session
By Representatives Engell, Klicker, and Schmidt
Read first time 01/29/25. Referred to Committee on Local Government.
p. 1 HB 1695
intensities, and estimates of future population growth. The land use 1
element shall provide for protection of the quality and quantity of 2
groundwater used for public water supplies. The land use element must 3
give special consideration to achieving environmental justice in its 4
goals and policies, including efforts to avoid creating or worsening 5
environmental health disparities. Wherever possible, the land use 6
element should consider utilizing urban planning approaches that 7
promote physical activity and reduce per capita vehicle miles 8
traveled within the jurisdiction, but without increasing greenhouse 9
gas emissions elsewhere in the state. Where applicable, the land use 10
element shall review drainage, flooding, and stormwater runoff in the 11
area and nearby jurisdictions and provide guidance for corrective 12
actions to mitigate or cleanse those discharges that pollute waters 13
of the state, including Puget Sound or waters entering Puget Sound. 14
The land use element must reduce and mitigate the risk to lives and 15
property posed by wildfires by using land use planning tools, which 16
may include, but are not limited to, adoption of portions or all of 17
the wildland urban interface code developed by the international code 18
council or developing building and maintenance standards consistent 19
with the firewise USA program or similar program designed to reduce 20
wildfire risk, reducing wildfire risks to residential development in 21
high risk areas and the wildland urban interface area, separating 22
human development from wildfire prone landscapes, and protecting 23
existing residential development and infrastructure through community 24
wildfire preparedness and fire adaptation measures.25
(2) A housing element ensuring the vitality and character of 26
established residential neighborhoods that: 27
(a) Includes an inventory and analysis of existing and projected 28
housing needs that identifies the number of housing units necessary 29
to manage projected growth, as provided by the department of 30
commerce, including: 31
(i) Units for moderate, low, very low, and extremely low-income 32
households; and 33
(ii) Emergency housing, emergency shelters, and permanent 34
supportive housing; 35
(b) Includes a statement of goals, policies, objectives, and 36
mandatory provisions for the preservation, improvement, and 37
development of housing, including single-family residences, and 38
within an urban growth area boundary, moderate density housing 39
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options including, but not limited to, duplexes, triplexes, and 1
townhomes; 2
(c) Identifies sufficient capacity of land for housing including, 3
but not limited to, government-assisted housing, housing for 4
moderate, low, very low, and extremely low-income households, 5
manufactured housing, multifamily housing, group homes, foster care 6
facilities, emergency housing, emergency shelters, permanent 7
supportive housing, and within an urban growth area boundary, 8
consideration of duplexes, triplexes, and townhomes;9
(d) Makes adequate provisions for existing and projected needs of 10
all economic segments of the community, including:11
(i) Incorporating consideration for low, very low, extremely low, 12
and moderate-income households; 13
(ii) Documenting programs and actions needed to achieve housing 14
availability including gaps in local funding, barriers such as 15
development regulations, and other limitations; 16
(iii) Consideration of housing locations in relation to 17
employment location; and 18
(iv) Consideration of the role of accessory dwelling units in 19
meeting housing needs; 20
(e) Identifies local policies and regulations that result in 21
racially disparate impacts, displacement, and exclusion in housing, 22
including: 23
(i) Zoning that may have a discriminatory effect;24
(ii) Disinvestment; and 25
(iii) Infrastructure availability; 26
(f) Identifies and implements policies and regulations to address 27
and begin to undo racially disparate impacts, displacement, and 28
exclusion in housing caused by local policies, plans, and actions;29
(g) Identifies areas that may be at higher risk of displacement 30
from market forces that occur with changes to zoning development 31
regulations and capital investments; and 32
(h) Establishes antidisplacement policies, with consideration 33
given to the preservation of historical and cultural communities as 34
well as investments in low, very low, extremely low, and moderate-35
income housing; equitable development initiatives; inclusionary 36
zoning; community planning requirements; tenant protections; land 37
disposition policies; and consideration of land that may be used for 38
affordable housing. 39
p. 3 HB 1695
In counties and cities subject to the review and evaluation 1
requirements of RCW 36.70A.215, any revision to the housing element 2
shall include consideration of prior review and evaluation reports 3
and any reasonable measures identified. The housing element should 4
link jurisdictional goals with overall county goals to ensure that 5
the housing element goals are met. 6
The adoption of ordinances, development regulations and 7
amendments to such regulations, and other nonproject actions taken by 8
a city that is required or chooses to plan under RCW 36.70A.040 that 9
increase housing capacity, increase housing affordability, and 10
mitigate displacement as required under this subsection (2) and that 11
apply outside of critical areas are not subject to administrative or 12
judicial appeal under chapter 43.21C RCW unless the adoption of such 13
ordinances, development regulations and amendments to such 14
regulations, or other nonproject actions has a probable significant 15
adverse impact on fish habitat. 16
(3) A capital facilities plan element consisting of: (a) An 17
inventory of existing capital facilities owned by public entities, 18
including green infrastructure, showing the locations and capacities 19
of the capital facilities; (b) a forecast of the future needs for 20
such capital facilities; (c) the proposed locations and capacities of 21
expanded or new capital facilities; (d) at least a six-year plan that 22
will finance such capital facilities within projected funding 23
capacities and clearly identifies sources of public money for such 24
purposes; and (e) a requirement to reassess the land use element if 25
probable funding falls short of meeting existing needs and to ensure 26
that the land use element, capital facilities plan element, and 27
financing plan within the capital facilities plan element are 28
coordinated and consistent. Park and recreation facilities shall be 29
included in the capital facilities plan element. 30
The county or city shall identify all public entities that own 31
capital facilities and endeavor in good faith to work with other 32
public entities, such as special purpose districts, to gather and 33
include within its capital facilities element the information 34
required by this subsection. If, after a good faith effort, the 35
county or city is unable to gather the information required by this 36
subsection from the other public entities, the failure to include 37
such information in its capital facilities element cannot be grounds 38
for a finding of noncompliance or invalidity under chapter 228, Laws 39
of 2023. A good faith effort must, at a minimum, include consulting 40
p. 4 HB 1695
the public entity's capital facility or system plans and emailing and 1
calling the staff of the public entity. 2
(4)(a) A utilities element consisting of the general location, 3
proposed location, and capacity of all existing and proposed 4
utilities including, but not limited to, electrical, 5
telecommunications, and natural gas systems. 6
(b) The county or city shall identify all public entities that 7
own utility systems and endeavor in good faith to work with other 8
public entities, such as special purpose districts, to gather and 9
include within its utilities element the information required in (a) 10
of this subsection. However, if, after a good faith effort, the 11
county or city is unable to gather the information required in (a) of 12
this subsection from the other public entities, the failure to 13
include such information in the utilities element shall not be 14
grounds for a finding of noncompliance or invalidity under chapter 15
228, Laws of 2023. A good faith effort must, at a minimum, include 16
consulting the public entity's capital facility or system plans, and 17
emailing and calling the staff of the public entity.18
(5) Rural element. Counties shall include a rural element 19
including lands that are not designated for urban growth, 20
agriculture, forest, or mineral resources. The following provisions 21
shall apply to the rural element: 22
(a) Growth management act goals and local circumstances. Because 23
circumstances vary from county to county, in establishing patterns of 24
rural densities and uses, a county may consider local circumstances, 25
but shall develop a written record explaining how the rural element 26
harmonizes the planning goals in RCW 36.70A.020 and meets the 27
requirements of this chapter. 28
(b) Rural development. The rural element shall permit rural 29
development, forestry, and agriculture in rural areas. The rural 30
element shall provide for a variety of rural densities, uses, 31
essential public facilities, and rural governmental services needed 32
to serve the permitted densities and uses. To achieve a variety of 33
rural densities and uses, counties may provide for clustering, 34
density transfer, design guidelines, conservation easements, and 35
other innovative techniques that will accommodate appropriate rural 36
economic advancement, densities, and uses that are not characterized 37
by urban growth and that are consistent with rural character.38
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(c) Measures governing rural development. The rural element shall 1
include measures that apply to rural development and protect the 2
rural character of the area, as established by the county, by:3
(i) Containing or otherwise controlling rural development;4
(ii) Assuring visual compatibility of rural development with the 5
surrounding rural area; 6
(iii) Reducing the inappropriate conversion of undeveloped land 7
into sprawling, low-density development in the rural area;8
(iv) Protecting critical areas, as provided in RCW 36.70A.060, 9
and surface water and groundwater resources; and 10
(v) Protecting against conflicts with the use of agricultural, 11
forest, and mineral resource lands designated under RCW 36.70A.170.12
(d) Limited areas of more intensive rural development. Subject to 13
the requirements of this subsection and except as otherwise 14
specifically provided in this subsection (5)(d), the rural element 15
may allow for limited areas of more intensive rural development, 16
including necessary public facilities and public services to serve 17
the limited area as follows: 18
(i) Rural development consisting of the infill, development, or 19
redevelopment of existing commercial, industrial, residential, or 20
mixed-use areas, whether characterized as shoreline development, 21
villages, hamlets, rural activity centers, or crossroads 22
developments. 23
(A) A commercial, industrial, residential, shoreline, or mixed-24
use area are subject to the requirements of (d)(iv) of this 25
subsection, but are not subject to the requirements of (c)(ii) and 26
(iii) of this subsection. 27
(B) Any development or redevelopment other than an industrial 28
area or an industrial use within a mixed-use area or an industrial 29
area under this subsection (5)(d)(i) must be principally designed to 30
serve the existing and projected rural population.31
(C) Any development or redevelopment in terms of building size, 32
scale, use, or intensity may be permitted subject to confirmation 33
from all existing providers of public facilities and public services 34
of sufficient capacity of existing public facilities and public 35
services to serve any new or additional demand from the new 36
development or redevelopment. Development and redevelopment may 37
include changes in use from vacant land or a previously existing use 38
so long as the new use conforms to the requirements of this 39
subsection (5) and is consistent with the local character. Any 40
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commercial development or redevelopment within a mixed-use area must 1
be principally designed to serve the existing and projected rural 2
population and must meet the following requirements:3
(I) Any included retail or food service space must not exceed the 4
footprint of previously occupied space or 5,000 square feet, 5
whichever is greater, for the same or similar use, unless the retail 6
space is for an essential rural retail service and the designated 7
limited area is located at least 10 miles from an existing urban 8
growth area, then the retail space must not exceed the footprint of 9
the previously occupied space or 10,000 square feet, whichever is 10
greater; and 11
(II) Any included retail or food service space must not exceed 12
2,500 square feet for a new use, unless the new retail space is for 13
an essential rural retail service and the designated limited area is 14
located at least 10 miles from an existing urban growth area, then 15
the new retail space must not exceed 10,000 square feet;16
For the purposes of this subsection (5)(d), "essential rural 17
retail services" means services including grocery, pharmacy, 18
hardware, automotive parts, and similar uses that sell or provide 19
products necessary for health and safety, such as food, medication, 20
sanitation supplies, and products to maintain habitability and 21
mobility; 22
(D) An existing area which has been previously characterized as a 23
town, village, or hamlet, but which was never incorporated, is not 24
subject to (d)(i)(C) of this subsection if the county completes all 25
of the following:26
(I) Adopts a subarea plan that is not larger than the adopted 27
logical outer boundary pursuant to (c)(iv) and (v) of this 28
subsection, including undeveloped platted lots, sewer district 29
boundaries, and water system boundaries; and30
(II) Allocates a portion of the rural 20-year population and 31
housing to the subarea; and32
(III) Amends the capital facilities plan to demonstrate adequate 33
public facilities and services to serve the anticipated population 34
over the planning period; and35
(IV) Complies with the countywide planning policies;36
(ii) The intensification of development on lots containing, or 37
new development of, small-scale recreational or tourist uses, 38
including commercial facilities to serve those recreational or 39
tourist uses, that rely on a rural location and setting, but that do 40
p. 7 HB 1695
not include new residential development. A small-scale recreation or 1
tourist use is not required to be principally designed to serve the 2
existing and projected rural population. Public services and public 3
facilities shall be limited to those necessary to serve the 4
recreation or tourist use and shall be provided in a manner that does 5
not permit low-density sprawl; 6
(iii) The intensification of development on lots containing 7
isolated nonresidential uses or new development of isolated cottage 8
industries and isolated small-scale businesses that are not 9
principally designed to serve the existing and projected rural 10
population and nonresidential uses, but do provide job opportunities 11
for rural residents. Rural counties may allow the expansion of small-12
scale businesses as long as those small-scale businesses conform with 13
the rural character of the area as defined by the local government 14
according to RCW 36.70A.030(35). Rural counties may also allow new 15
small-scale businesses to utilize a site previously occupied by an 16
existing business as long as the new small-scale business conforms to 17
the rural character of the area as defined by the local government 18
according to RCW 36.70A.030(35). Public services and public 19
facilities shall be limited to those necessary to serve the isolated 20
nonresidential use and shall be provided in a manner that does not 21
permit low-density sprawl; 22
(iv) A county shall adopt measures to minimize and contain the 23
existing areas of more intensive rural development, as appropriate, 24
authorized under this subsection. Lands included in such existing 25
areas shall not extend beyond the logical outer boundary of the 26
existing area, thereby allowing a new pattern of low-density sprawl. 27
Existing areas are those that are clearly identifiable and contained 28
and where there is a logical boundary delineated predominately by the 29
built environment, but that may also include undeveloped lands if 30
limited as provided in this subsection. The county shall establish 31
the logical outer boundary of an area of more intensive rural 32
development. In establishing the logical outer boundary, the county 33
shall address (A) the need to preserve the character of existing 34
natural neighborhoods and communities, (B) physical boundaries, such 35
as bodies of water, streets and highways, and land forms and 36
contours, (C) the prevention of abnormally irregular boundaries, and 37
(D) the ability to provide public facilities and public services in a 38
manner that does not permit low-density sprawl; 39
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(v) For purposes of this subsection (5)(d), an existing area or 1
existing use is one that was in existence: 2
(A) On July 1, 1990, in a county that was initially required to 3
plan under all of the provisions of this chapter; 4
(B) On the date the county adopted a resolution under RCW 5
36.70A.040(2), in a county that is planning under all of the 6
provisions of this chapter under RCW 36.70A.040(2); or7
(C) On the date the office of financial management certifies the 8
county's population as provided in RCW 36.70A.040(5), in a county 9
that is planning under all of the provisions of this chapter pursuant 10
to RCW 36.70A.040(5). 11
(e) Exception. This subsection shall not be interpreted to permit 12
in the rural area a major industrial development or a master planned 13
resort unless otherwise specifically permitted under RCW 36.70A.360 14
and 36.70A.365. 15
(6) A transportation element that implements, and is consistent 16
with, the land use element. 17
(a) The transportation element shall include the following 18
subelements: 19
(i) Land use assumptions used in estimating travel;20
(ii) Estimated multimodal level of service impacts to state-owned 21
transportation facilities resulting from land use assumptions to 22
assist in monitoring the performance of state facilities, to plan 23
improvements for the facilities, and to assess the impact of land-use 24
decisions on state-owned transportation facilities;25
(iii) Facilities and services needs, including:26
(A) An inventory of air, water, and ground transportation 27
facilities and services, including transit alignments, active 28
transportation facilities, and general aviation airport facilities, 29
to define existing capital facilities and travel levels to inform 30
future planning. This inventory must include state-owned 31
transportation facilities within the city or county's jurisdictional 32
boundaries; 33
(B) Multimodal level of service standards for all locally owned 34
arterials, locally and regionally operated transit routes that serve 35
urban growth areas, state-owned or operated transit routes that serve 36
urban areas if the department of transportation has prepared such 37
standards, and active transportation facilities to serve as a gauge 38
to judge performance of the system and success in helping to achieve 39
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the goals of this chapter consistent with environmental justice. 1
These standards should be regionally coordinated; 2
(C) For state-owned transportation facilities, multimodal level 3
of service standards for highways, as prescribed in chapters 47.06 4
and 47.80 RCW, to gauge the performance of the system. The purposes 5
of reflecting multimodal level of service standards for state 6
highways in the local comprehensive plan are to monitor the 7
performance of the system, to evaluate improvement strategies, and to 8
facilitate coordination between the county's or city's six-year 9
street, road, active transportation, or transit program and the 10
office of financial management's ten-year investment program. The 11
concurrency requirements of (b) of this subsection do not apply to 12
transportation facilities and services of statewide significance 13
except for counties consisting of islands whose only connection to 14
the mainland are state highways or ferry routes. In these island 15
counties, state highways and ferry route capacity must be a factor in 16
meeting the concurrency requirements in (b) of this subsection;17
(D) Specific actions and requirements for bringing into 18
compliance transportation facilities or services that are below an 19
established multimodal level of service standard; 20
(E) Forecasts of multimodal transportation demand and needs 21
within cities and urban growth areas, and forecasts of multimodal 22
transportation demand and needs outside of cities and urban growth 23
areas, for at least ten years based on the adopted land use plan to 24
inform the development of a transportation element that balances 25
transportation system safety and convenience to accommodate all users 26
of the transportation system to safely, reliably, and efficiently 27
provide access and mobility to people and goods. Priority must be 28
given to inclusion of transportation facilities and services 29
providing the greatest multimodal safety benefit to each category of 30
roadway users for the context and speed of the facility;31
(F) Identification of state and local system needs to equitably 32
meet current and future demands. Identified needs on state-owned 33
transportation facilities must be consistent with the statewide 34
multimodal transportation plan required under chapter 47.06 RCW. 35
Local system needs should reflect the regional transportation system 36
and local goals, and strive to equitably implement the multimodal 37
network; 38
(G) A transition plan for transportation as required in Title II 39
of the Americans with disabilities act of 1990 (ADA). As a necessary 40
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step to a program access plan to provide accessibility under the ADA, 1
state and local government, public entities, and public agencies are 2
required to perform self-evaluations of their current facilities, 3
relative to accessibility requirements of the ADA. The agencies are 4
then required to develop a program access plan, which can be called a 5
transition plan, to address any deficiencies. The plan is intended to 6
achieve the following: 7
(I) Identify physical obstacles that limit the accessibility of 8
facilities to individuals with disabilities; 9
(II) Describe the methods to be used to make the facilities 10
accessible; 11
(III) Provide a schedule for making the access modifications; and12
(IV) Identify the public officials responsible for implementation 13
of the transition plan; 14
(iv) Finance, including: 15
(A) An analysis of funding capability to judge needs against 16
probable funding resources; 17
(B) A multiyear financing plan based on the needs identified in 18
the comprehensive plan, the appropriate parts of which shall serve as 19
the basis for the six-year street, road, or transit program required 20
by RCW 35.77.010 for cities, RCW 36.81.121 for counties, and RCW 21
35.58.2795 for public transportation systems. The multiyear financing 22
plan should be coordinated with the ten-year investment program 23
developed by the office of financial management as required by RCW 24
47.05.030; 25
(C) If probable funding falls short of meeting the identified 26
needs of the transportation system, including state transportation 27
facilities, a discussion of how additional funding will be raised, or 28
how land use assumptions will be reassessed to ensure that level of 29
service standards will be met; 30
(v) Intergovernmental coordination efforts, including an 31
assessment of the impacts of the transportation plan and land use 32
assumptions on the transportation systems of adjacent jurisdictions;33
(vi) Demand-management strategies; 34
(vii) Active transportation component to include collaborative 35
efforts to identify and designate planned improvements for active 36
transportation facilities and corridors that address and encourage 37
enhanced community access and promote healthy lifestyles.38
(b) After adoption of the comprehensive plan by jurisdictions 39
required to plan or who choose to plan under RCW 36.70A.040, local 40
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jurisdictions must adopt and enforce ordinances which prohibit 1
development approval if the development causes the level of service 2
on a locally owned or locally or regionally operated transportation 3
facility to decline below the standards adopted in the transportation 4
element of the comprehensive plan, unless transportation improvements 5
or strategies to accommodate the impacts of development are made 6
concurrent with the development. These strategies may include active 7
transportation facility improvements, increased or enhanced public 8
transportation service, ride-sharing programs, demand management, and 9
other transportation systems management strategies. For the purposes 10
of this subsection (6), "concurrent with the development" means that 11
improvements or strategies are in place at the time of development, 12
or that a financial commitment is in place to complete the 13
improvements or strategies within six years. If the collection of 14
impact fees is delayed under RCW 82.02.050(3), the six-year period 15
required by this subsection (6)(b) must begin after full payment of 16
all impact fees is due to the county or city. A development proposal 17
may not be denied for causing the level of service on a locally owned 18
or locally or regionally operated transportation facility to decline 19
below the standards adopted in the transportation element of the 20
comprehensive plan where such impacts could be adequately mitigated 21
through active transportation facility improvements, increased or 22
enhanced public transportation service, ride-sharing programs, demand 23
management, or other transportation systems management strategies 24
funded by the development. 25
(c) The transportation element described in this subsection (6), 26
the six-year plans required by RCW 35.77.010 for cities, RCW 27
36.81.121 for counties, and RCW 35.58.2795 for public transportation 28
systems, and the ten-year investment program required by RCW 29
47.05.030 for the state, must be consistent. 30
(7) An economic development element establishing local goals, 31
policies, objectives, and provisions for economic growth and vitality 32
and a high quality of life. A city that has chosen to be a 33
residential community is exempt from the economic development element 34
requirement of this subsection. 35
(8) A park and recreation element that implements, and is 36
consistent with, the capital facilities plan element as it relates to 37
park and recreation facilities. The element shall include: (a) 38
Estimates of park and recreation demand for at least a ten-year 39
period; (b) an evaluation of facilities and service needs; (c) an 40
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evaluation of tree canopy coverage within the urban growth area; and 1
(d) an evaluation of intergovernmental coordination opportunities to 2
provide regional approaches for meeting park and recreational demand.3
(9)(a) A climate change and resiliency element that is designed 4
to result in reductions in overall greenhouse gas emissions and that 5
must enhance resiliency to and avoid the adverse impacts of climate 6
change, which must include efforts to reduce localized greenhouse gas 7
emissions and avoid creating or worsening localized climate impacts 8
to vulnerable populations and overburdened communities.9
(b) The climate change and resiliency element shall include the 10
following subelements: 11
(i) A greenhouse gas emissions reduction subelement;12
(ii) A resiliency subelement. 13
(c) The greenhouse gas emissions reduction subelement of the 14
climate change and resiliency element is mandatory for the 15
jurisdictions specified in RCW 36.70A.095 and is encouraged for all 16
other jurisdictions, including those planning under RCW 36.70A.040 17
and those planning under chapter 36.70 RCW. The resiliency subelement 18
of the climate change and resiliency element is mandatory for all 19
jurisdictions planning under RCW 36.70A.040 and is encouraged for 20
those jurisdictions planning under chapter 36.70 RCW.21
(d)(i) The greenhouse gas emissions reduction subelement of the 22
comprehensive plan, and its related development regulations, must 23
identify the actions the jurisdiction will take during the planning 24
cycle consistent with the guidelines published by the department 25
pursuant to RCW 70A.45.120 that will: 26
(A) Result in reductions in overall greenhouse gas emissions 27
generated by transportation and land use within the jurisdiction but 28
without increasing greenhouse gas emissions elsewhere in the state;29
(B) Result in reductions in per capita vehicle miles traveled 30
within the jurisdiction but without increasing greenhouse gas 31
emissions elsewhere in the state; and 32
(C) Prioritize reductions that benefit overburdened communities 33
in order to maximize the cobenefits of reduced air pollution and 34
environmental justice. 35
(ii) Actions not specifically identified in the guidelines 36
developed by the department pursuant to RCW 70A.45.120 may be 37
considered consistent with these guidelines only if:38
(A) They are projected to achieve greenhouse gas emissions 39
reductions or per capita vehicle miles traveled reductions equivalent 40
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to what would be required of the jurisdiction under the guidelines 1
adopted by the department; and 2
(B) They are supported by scientifically credible projections and 3
scenarios that indicate their adoption is likely to result in 4
reductions of greenhouse gas emissions or per capita vehicle miles 5
traveled. 6
(iii) A jurisdiction may not restrict population growth or limit 7
population allocation in order to achieve the requirements set forth 8
in this subsection (9)(d). 9
(e)(i) The resiliency subelement must equitably enhance 10
resiliency to, and avoid or substantially reduce the adverse impacts 11
of, climate change in human communities and ecological systems 12
through goals, policies, and programs consistent with the best 13
available science and scientifically credible climate projections and 14
impact scenarios that moderate or avoid harm, enhance the resiliency 15
of natural and human systems, and enhance beneficial opportunities. 16
The resiliency subelement must prioritize actions that benefit 17
overburdened communities that will disproportionately suffer from 18
compounding environmental impacts and will be most impacted by 19
natural hazards due to climate change. Specific goals, policies, and 20
programs of the resiliency subelement must include, but are not 21
limited to, those designed to: 22
(A) Identify, protect, and enhance natural areas to foster 23
resiliency to climate impacts, as well as areas of vital habitat for 24
safe passage and species migration; 25
(B) Identify, protect, and enhance community resiliency to 26
climate change impacts, including social, economic, and built 27
environment factors, that support adaptation to climate impacts 28
consistent with environmental justice; and 29
(C) Address natural hazards created or aggravated by climate 30
change, including sea level rise, landslides, flooding, drought, 31
heat, smoke, wildfire, and other effects of changes to temperature 32
and precipitation patterns. 33
(ii) A natural hazard mitigation plan or similar plan that is 34
guided by RCW 36.70A.020(14), that prioritizes actions that benefit 35
overburdened communities, and that complies with the applicable 36
requirements of this chapter, including the requirements set forth in 37
this subsection (9)(e), may be adopted by reference to satisfy these 38
requirements, except that to the extent any of the substantive 39
requirements of this subsection (9)(e) are not addressed, or are 40
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inadequately addressed, in the referenced natural hazard mitigation 1
plan, a county or city must supplement the natural hazard mitigation 2
plan accordingly so that the adopted resiliency subelement complies 3
fully with the substantive requirements of this subsection (9)(e).4
(A) If a county or city intends to adopt by reference a federal 5
emergency management agency natural hazard mitigation plan in order 6
to meet all or part of the substantive requirements set forth in this 7
subsection (9)(e), and the most recently adopted federal emergency 8
management agency natural hazard mitigation plan does not comply with 9
the requirements of this subsection (9)(e), the department may grant 10
the county or city an extension of time in which to submit a natural 11
hazard mitigation plan. 12
(B) Eligibility for an extension under this subsection prior to 13
July 1, 2027, is limited to a city or county required to review and, 14
if needed, revise its comprehensive plan on or before June 30, 2025, 15
as provided in RCW 36.70A.130, or for a city or county with an 16
existing, unexpired federal emergency management agency natural 17
hazard mitigation plan scheduled to expire before December 31, 2024.18
(C) Extension requests after July 1, 2027, may be granted if 19
requirements for the resiliency subelement are amended or added by 20
the legislature or if the department finds other circumstances that 21
may result in a potential finding of noncompliance with a 22
jurisdiction's existing and approved federal emergency management 23
agency natural hazard mitigation plan. 24
(D) A city or county that wishes to request an extension of time 25
must submit a request in writing to the department no later than the 26
date on which the city or county is required to review and, if 27
needed, revise its comprehensive plan as provided in RCW 36.70A.130.28
(E) Upon the submission of such a request to the department, the 29
city or county may have an additional 48 months from the date 30
provided in RCW 36.70A.130 in which to either adopt by reference an 31
updated federal emergency management agency natural hazard mitigation 32
plan or adopt its own natural hazard mitigation plan, and to then 33
submit that plan to the department. 34
(F) The adoption of ordinances, amendments to comprehensive 35
plans, amendments to development regulations, and other nonproject 36
actions taken by a county or city pursuant to (d) of this subsection 37
in order to implement measures specified by the department pursuant 38
to RCW 70A.45.120 are not subject to administrative or judicial 39
appeal under chapter 43.21C RCW. 40
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(10) It is the intent that new or amended elements required after 1
January 1, 2002, be adopted concurrent with the scheduled update 2
provided in RCW 36.70A.130. Requirements to incorporate any such new 3
or amended elements shall be null and void until funds sufficient to 4
cover applicable local government costs are appropriated and 5
distributed by the state at least two years before local government 6
must update comprehensive plans as required in RCW 36.70A.130.7
Sec. 2. RCW 36.70A.110 and 2024 c 26 s 1 are each amended to 8
read as follows: 9
(1) Each county that is required or chooses to plan under RCW 10
36.70A.040 shall designate an urban growth area or areas within which 11
urban growth shall be encouraged and outside of which growth can 12
occur only if it is not urban in nature. Each city that is located in 13
such a county shall be included within an urban growth area. An urban 14
growth area may include more than a single city. An urban growth area 15
may include territory that is located outside of a city only if such 16
territory already is characterized by urban growth whether or not the 17
urban growth area includes a city, or is adjacent to territory 18
already characterized by urban growth, or is a designated new fully 19
contained community as defined by RCW 36.70A.350. When a federally 20
recognized Indian tribe whose reservation or ceded lands lie within 21
the county or city has voluntarily chosen to participate in the 22
planning process pursuant to RCW 36.70A.040, the county or city and 23
the tribe shall coordinate their planning efforts for any areas 24
planned for urban growth consistent with the terms outlined in the 25
memorandum of agreement provided for in RCW 36.70A.040(8).26
(2) Based upon the growth management population projection made 27
for the county by the office of financial management, the county and 28
each city within the county shall include areas and densities 29
sufficient to permit the urban growth that is projected to occur in 30
the county or city for the succeeding twenty-year period, except for 31
those urban growth areas contained totally within a national 32
historical reserve. As part of this planning process, each city 33
within the county must include areas sufficient to accommodate the 34
broad range of needs and uses that will accompany the projected urban 35
growth including, as appropriate, medical, governmental, 36
institutional, commercial, service, retail, and other nonresidential 37
uses. 38
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Each urban growth area shall permit urban densities and shall 1
include greenbelt and open space areas. In the case of urban growth 2
areas contained totally within a national historical reserve, the 3
city may restrict densities, intensities, and forms of urban growth 4
as determined to be necessary and appropriate to protect the 5
physical, cultural, or historic integrity of the reserve. An urban 6
growth area determination may include a reasonable land market supply 7
factor and shall permit a range of urban densities and uses. In 8
determining this market factor, cities and counties may consider 9
local circumstances. Cities and counties have discretion in their 10
comprehensive plans to make many choices about accommodating growth.11
Within one year of July 1, 1990, each county that as of June 1, 12
1991, was required or chose to plan under RCW 36.70A.040, shall begin 13
consulting with each city located within its boundaries and each city 14
shall propose the location of an urban growth area. Within sixty days 15
of the date the county legislative authority of a county adopts its 16
resolution of intention or of certification by the office of 17
financial management, all other counties that are required or choose 18
to plan under RCW 36.70A.040 shall begin this consultation with each 19
city located within its boundaries. The county shall attempt to reach 20
agreement with each city on the location of an urban growth area 21
within which the city is located. If such an agreement is not reached 22
with each city located within the urban growth area, the county shall 23
justify in writing why it so designated the area an urban growth 24
area. A city may object formally with the department over the 25
designation of the urban growth area within which it is located. 26
Where appropriate, the department shall attempt to resolve the 27
conflicts, including the use of mediation services.28
(3) Urban growth should be located first in areas already 29
characterized by urban growth that have adequate existing public 30
facility and service capacities to serve such development, second in 31
areas already characterized by urban growth that will be served 32
adequately by a combination of both existing public facilities and 33
services and any additional needed public facilities and services 34
that are provided by either public or private sources, and third in 35
the remaining portions of the urban growth areas. Urban growth may 36
also be located in designated new fully contained communities as 37
defined by RCW 36.70A.350. 38
(4) In general, cities are the units of local government most 39
appropriate to provide urban governmental services. In general, it is 40
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not appropriate that urban governmental services be extended to or 1
expanded in rural areas except in those limited circumstances shown 2
to be necessary to protect basic public health and safety and the 3
environment, or as provided for by RCW 36.70A.070(5)(d)(i)(D), and 4
when such services are financially supportable at rural densities and 5
do not permit urban development. 6
(5) On or before October 1, 1993, each county that was initially 7
required to plan under RCW 36.70A.040(1) shall adopt development 8
regulations designating interim urban growth areas under this 9
chapter. Within three years and three months of the date the county 10
legislative authority of a county adopts its resolution of intention 11
or of certification by the office of financial management, all other 12
counties that are required or choose to plan under RCW 36.70A.040 13
shall adopt development regulations designating interim urban growth 14
areas under this chapter. Adoption of the interim urban growth areas 15
may only occur after public notice; public hearing; and compliance 16
with the state environmental policy act, chapter 43.21C RCW, and 17
under this section. Such action may be appealed to the growth 18
management hearings board under RCW 36.70A.280. Final urban growth 19
areas shall be adopted at the time of comprehensive plan adoption 20
under this chapter. 21
(6) Each county shall include designations of urban growth areas 22
in its comprehensive plan. 23
(7) An urban growth area designated in accordance with this 24
section may include within its boundaries urban service areas or 25
potential annexation areas designated for specific cities or towns 26
within the county. 27
(8) If, during the county's annual review under RCW 28
36.70A.130(2)(a), the county determines revision of the urban growth 29
area is not required to accommodate the population projection for the 30
county made by the office of financial management for the succeeding 31
20-year period, but does determine that patterns of development have 32
created pressure for development in areas exceeding the amount of 33
available developable lands within the urban growth area, then the 34
county may revise the urban growth area or areas based on identified 35
patterns of development and likely future development pressure if the 36
following requirements are met: 37
(a) The revised urban growth area would not result in a net 38
increase in the total acreage or development capacity of the urban 39
growth area or areas; 40
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(b) The areas added to the urban growth area are not designated 1
by the county as agricultural, forest, or mineral resource lands of 2
long-term commercial significance; 3
(c) If the areas added to the urban growth area have previously 4
been designated as agricultural, forest, or mineral resource lands of 5
long-term commercial significance, either an equivalent amount of 6
agricultural, forest, or mineral resource lands of long-term 7
commercial significance must be added to the area outside of the 8
urban growth area, or the county must wait a minimum of two years 9
before another swap may occur; 10
(d) Less than 15 percent of the areas added to the urban growth 11
area are critical areas other than critical aquifer recharge areas. 12
Critical aquifer recharge areas must have been previously designated 13
by the county and be maintained per county development regulations 14
within the expanded urban growth area and the revised urban growth 15
area must not result in a net increase in critical aquifer recharge 16
areas within the urban growth area; 17
(e) The areas added to the urban growth areas are suitable for 18
urban growth; 19
(f) The transportation element and capital facility plan element 20
of the county's comprehensive plan have identified the transportation 21
facilities and public facilities and services needed to serve the 22
urban growth area and the funding to provide the transportation 23
facilities and public facilities and services; 24
(g) The areas removed from the urban growth area are not 25
characterized by urban growth or urban densities; 26
(h) The revised urban growth area is contiguous, does not include 27
holes or gaps, and will not increase pressures to urbanize rural or 28
natural resource lands; 29
(i) The county's proposed urban growth area revision has been 30
reviewed according to the process and procedure in the countywide 31
planning policies adopted and approved according to RCW 36.70A.210; 32
and 33
(j) The revised urban growth area meets all other requirements of 34
this section. 35
(9)(a) At the earliest possible date prior to the revision of the 36
county's urban growth area authorized under subsection (8) of this 37
section, the county must engage in meaningful consultation with any 38
federally recognized Indian tribe that may be potentially affected by 39
the proposed revision. Meaningful consultation must include 40
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discussion of the potential impacts to cultural resources and tribal 1
treaty rights. 2
(b) A county must notify the affected federally recognized Indian 3
tribe of the proposed revision using at least two methods, including 4
by mail. Upon receiving a notice, the federally recognized Indian 5
tribe may request a consultation to determine whether an agreement 6
can be reached related to the revision of the county's urban growth 7
area. If an agreement is not reached, the parties must enter 8
mediation pursuant to RCW 36.70A.040. 9
(10)(a) Except as provided in (b) of this subsection, the 10
expansion of an urban growth area is prohibited into the one hundred 11
year floodplain of any river or river segment that: (i) Is located 12
west of the crest of the Cascade mountains; and (ii) has a mean 13
annual flow of one thousand or more cubic feet per second as 14
determined by the department of ecology. 15
(b) Subsection (10)(a) of this section does not apply to:16
(i) Urban growth areas that are fully contained within a 17
floodplain and lack adjacent buildable areas outside the floodplain;18
(ii) Urban growth areas where expansions are precluded outside 19
floodplains because: 20
(A) Urban governmental services cannot be physically provided to 21
serve areas outside the floodplain; or 22
(B) Expansions outside the floodplain would require a river or 23
estuary crossing to access the expansion; or 24
(iii) Urban growth area expansions where: 25
(A) Public facilities already exist within the floodplain and the 26
expansion of an existing public facility is only possible on the land 27
to be included in the urban growth area and located within the 28
floodplain; or 29
(B) Urban development already exists within a floodplain as of 30
July 26, 2009, and is adjacent to, but outside of, the urban growth 31
area, and the expansion of the urban growth area is necessary to 32
include such urban development within the urban growth area; or33
(C) The land is owned by a jurisdiction planning under this 34
chapter or the rights to the development of the land have been 35
permanently extinguished, and the following criteria are met:36
(I) The permissible use of the land is limited to one of the 37
following: Outdoor recreation; environmentally beneficial projects, 38
including but not limited to habitat enhancement or environmental 39
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restoration; stormwater facilities; flood control facilities; or 1
underground conveyances; and 2
(II) The development and use of such facilities or projects will 3
not decrease flood storage, increase stormwater runoff, discharge 4
pollutants to fresh or salt waters during normal operations or 5
floods, or increase hazards to people and property.6
(c) For the purposes of this subsection (10), "one hundred year 7
floodplain" means the same as "special flood hazard area" as set 8
forth in WAC 173-158-040 as it exists on July 26, 2009.9
(11) If a county, city, or utility has adopted a capital facility 10
plan or utilities element to provide sewer service within the urban 11
growth areas during the twenty-year planning period, nothing in this 12
chapter obligates counties, cities, or utilities to install sanitary 13
sewer systems to properties within urban growth areas designated 14
under subsection (2) of this section by the end of the twenty-year 15
planning period when those properties: 16
(a)(i) Have existing, functioning, nonpolluting on-site sewage 17
systems; 18
(ii) Have a periodic inspection program by a public agency to 19
verify the on-site sewage systems function properly and do not 20
pollute surface or groundwater; and 21
(iii) Have no redevelopment capacity; or 22
(b) Do not require sewer service because development densities 23
are limited due to wetlands, floodplains, fish and wildlife habitats, 24
or geological hazards. 25
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