Comprehensive plan updates

AN ACT Relating to the timing of updates for comprehensive plans 1
and development regulations; amending RCW 36.70A.130 and 36.70A.635; 2
and creating a new section. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
NEW SECTION. Sec. 1. The legislature recognizes that it has 5
placed additional requirements to be incorporated into comprehensive 6
plans and development regulation updates due at the end of 2026. It 7
further recognizes there is a shortage of qualified planners to do 8
the work and local governments are struggling to accomplish the 9
additional work. Therefore, local governments are being granted a 10
six-month extension for compliance with the upcoming comprehensive 11
plan update.12
Sec. 2. RCW 36.70A.130 and 2024 c 17 s 1 are each amended to 13
read as follows: 14
(1)(a) Each comprehensive land use plan and development 15
regulations shall be subject to continuing review and evaluation by 16
the county or city that adopted them. Except as otherwise provided, a 17
county or city shall take legislative action to review and, if 18
needed, revise its comprehensive land use plan and development 19
regulations to ensure the plan and regulations comply with the 20
H-0867.1
HOUSE BILL 1700
State of Washington 69th Legislature 2025 Regular Session
By Representatives Volz, Graham, Schmidt, Low, Schmick, Klicker, Dye,
Abell, Chase, Connors, Engell, Ormsby, and Hill
Read first time 01/29/25. Referred to Committee on Local Government.
p. 1 HB 1700
requirements of this chapter according to the deadlines in 1
subsections (4) and (5) of this section. 2
(b)(i) A city or town located within a county planning under RCW 3
36.70A.040 may opt out of a full review and revisions of its 4
comprehensive plan established in this section if the city or town 5
meets the following criteria: 6
(A) Has a population fewer than 500; 7
(B) Is not located within 10 miles of a city with a population 8
over 100,000; 9
(C) Experienced a population growth rate of fewer than 10 percent 10
in the preceding 10 years; and 11
(D) Has provided the department with notice of its intent to 12
participate in a partial review and revision of its comprehensive 13
plan. 14
(ii) The department shall review the population growth rate for a 15
city or town participating in the partial review and revision of its 16
comprehensive plan process at least three years before the periodic 17
update is due as outlined in subsection (4) of this section and 18
notify cities of their eligibility. 19
(iii) A city or town that opts out of a full review and revision 20
of its comprehensive plan must update its critical areas regulations 21
and its capital facilities element and its transportation element.22
(c) Except as otherwise provided, a county or city not planning 23
under RCW 36.70A.040 shall take action to review and, if needed, 24
revise its policies and development regulations regarding critical 25
areas and natural resource lands adopted according to this chapter to 26
ensure these policies and regulations comply with the requirements of 27
this chapter according to the deadlines in subsections (4) and (5) of 28
this section. Legislative action means the adoption of a resolution 29
or ordinance following notice and a public hearing indicating at a 30
minimum, a finding that a review and evaluation has occurred and 31
identifying the revisions made, or that a revision was not needed and 32
the reasons therefor. 33
(d) The review and evaluation required by this subsection shall 34
include, but is not limited to, consideration of critical area 35
ordinances and, if planning under RCW 36.70A.040, an analysis of the 36
population allocated to a city or county from the most recent 10-year 37
population forecast by the office of financial management.38
(e) Any amendment of or revision to a comprehensive land use plan 39
shall conform to this chapter. Any amendment of or revision to 40
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development regulations shall be consistent with and implement the 1
comprehensive plan. 2
(2)(a) Each county and city shall establish and broadly 3
disseminate to the public a public participation program consistent 4
with RCW 36.70A.035 and 36.70A.140 that identifies procedures and 5
schedules whereby updates, proposed amendments, or revisions of the 6
comprehensive plan are considered by the governing body of the county 7
or city no more frequently than once every year. "Updates" means to 8
review and revise, if needed, according to subsection (1) of this 9
section, and the deadlines in subsections (4) and (5) of this section 10
or in accordance with the provisions of subsection (6) of this 11
section. Amendments may be considered more frequently than once per 12
year under the following circumstances: 13
(i) The initial adoption of a subarea plan. Subarea plans adopted 14
under this subsection (2)(a)(i) must clarify, supplement, or 15
implement jurisdiction-wide comprehensive plan policies, and may only 16
be adopted if the cumulative impacts of the proposed plan are 17
addressed by appropriate environmental review under chapter 43.21C 18
RCW; 19
(ii) The development of an initial subarea plan for economic 20
development located outside of the 100 year floodplain in a county 21
that has completed a state-funded pilot project that is based on 22
watershed characterization and local habitat assessment;23
(iii) The adoption or amendment of a shoreline master program 24
under the procedures set forth in chapter 90.58 RCW;25
(iv) The amendment of the capital facilities element of a 26
comprehensive plan that occurs concurrently with the adoption or 27
amendment of a county or city budget; or 28
(v) The adoption of comprehensive plan amendments necessary to 29
enact a planned action under RCW 43.21C.440, provided that amendments 30
are considered in accordance with the public participation program 31
established by the county or city under this subsection (2)(a) and 32
all persons who have requested notice of a comprehensive plan update 33
are given notice of the amendments and an opportunity to comment.34
(b) Except as otherwise provided in (a) of this subsection, all 35
proposals shall be considered by the governing body concurrently so 36
the cumulative effect of the various proposals can be ascertained. 37
However, after appropriate public participation a county or city may 38
adopt amendments or revisions to its comprehensive plan that conform 39
with this chapter whenever an emergency exists or to resolve an 40
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appeal of a comprehensive plan filed with the growth management 1
hearings board or with the court. 2
(3)(a) Each county that designates urban growth areas under RCW 3
36.70A.110 shall review, according to the schedules established in 4
subsections (4) and (5) of this section, its designated urban growth 5
area or areas, patterns of development occurring within the urban 6
growth area or areas, and the densities permitted within both the 7
incorporated and unincorporated portions of each urban growth area. 8
In conjunction with this review by the county, each city located 9
within an urban growth area shall review the densities permitted 10
within its boundaries, and the extent to which the urban growth 11
occurring within the county has located within each city and the 12
unincorporated portions of the urban growth areas.13
(b) The county comprehensive plan designating urban growth areas, 14
and the densities permitted in the urban growth areas by the 15
comprehensive plans of the county and each city located within the 16
urban growth areas, shall be revised to accommodate the urban growth 17
projected to occur in the county for the succeeding 20-year period. 18
The review required by this subsection may be combined with the 19
review and evaluation required by RCW 36.70A.215. 20
(c) If, during the county's review under (a) of this subsection, 21
the county determines revision of the urban growth area is not 22
required to accommodate the urban growth projected to occur in the 23
county for the succeeding 20-year period, but does determine that 24
patterns of development have created pressure in areas that exceed 25
available, developable lands within the urban growth area, the urban 26
growth area or areas may be revised to accommodate identified 27
patterns of development and likely future development pressure for 28
the succeeding 20-year period if the following requirements are met:29
(i) The revised urban growth area may not result in an increase 30
in the total surface areas of the urban growth area or areas;31
(ii) The areas added to the urban growth area are not or have not 32
been designated as agricultural, forest, or mineral resource lands of 33
long-term commercial significance; 34
(iii) Less than 15 percent of the areas added to the urban growth 35
area are critical areas; 36
(iv) The areas added to the urban growth areas are suitable for 37
urban growth; 38
(v) The transportation element and capital facility plan element 39
have identified the transportation facilities, and public facilities 40
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and services needed to serve the urban growth area and the funding to 1
provide the transportation facilities and public facilities and 2
services; 3
(vi) The urban growth area is not larger than needed to 4
accommodate the growth planned for the succeeding 20-year planning 5
period and a reasonable land market supply factor; 6
(vii) The areas removed from the urban growth area do not include 7
urban growth or urban densities; and 8
(viii) The revised urban growth area is contiguous, does not 9
include holes or gaps, and will not increase pressures to urbanize 10
rural or natural resource lands. 11
(4) Except as otherwise provided in subsections (6) and (8) of 12
this section, counties and cities shall take action to review and, if 13
needed, revise their comprehensive plans and development regulations 14
to ensure the plan and regulations comply with the requirements of 15
this chapter as follows: 16
(a) On or before June 30, 2015, for King, Pierce, and Snohomish 17
counties and the cities within those counties; 18
(b) On or before June 30, 2016, for Clallam, Clark, Island, 19
Jefferson, Kitsap, Mason, San Juan, Skagit, Thurston, and Whatcom 20
counties and the cities within those counties; 21
(c) On or before June 30, 2017, for Benton, Chelan, Cowlitz, 22
Douglas, Kittitas, Lewis, Skamania, Spokane, and Yakima counties and 23
the cities within those counties; and 24
(d) On or before June 30, 2018, for Adams, Asotin, Columbia, 25
Ferry, Franklin, Garfield, Grant, Grays Harbor, Klickitat, Lincoln, 26
Okanogan, Pacific, Pend Oreille, Stevens, Wahkiakum, Walla Walla, and 27
Whitman counties and the cities within those counties.28
(5) Except as otherwise provided in subsections (6) and (8) of 29
this section, following the review of comprehensive plans and 30
development regulations required by subsection (4) of this section, 31
counties and cities shall take action to review and, if needed, 32
revise their comprehensive plans and development regulations to 33
ensure the plan and regulations comply with the requirements of this 34
chapter as follows: 35
(a) Except as provided in subsection (10) of this section, on or 36
before December 31, 2024, with the following review and, if needed, 37
revision on or before June 30, 2034, and then every 10 years 38
thereafter, for King, Kitsap, Pierce, and Snohomish counties and the 39
cities within those counties; 40
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(b) On or before December 31, 2025, with the following review 1
and, if needed, revision on or before June 30, 2035, and then every 2
10 years thereafter, for Clallam, Clark, Island, Jefferson, Lewis, 3
Mason, San Juan, Skagit, Thurston, and Whatcom counties and the 4
cities within those counties; 5
(c) On or before ((June 30 )) December 31 , 2026, with the 6
following review and, if needed, revision on or before June 30, 2036, 7
and every 10 years thereafter, for Benton, Chelan, Cowlitz, Douglas, 8
Franklin, Kittitas, Skamania, Spokane, Walla Walla, and Yakima 9
counties and the cities within those counties; and10
(d) On or before June 30, 2027, and every 10 years thereafter, 11
for Adams, Asotin, Columbia, Ferry, Garfield, Grant, Grays Harbor, 12
Klickitat, Lincoln, Okanogan, Pacific, Pend Oreille, Stevens, 13
Wahkiakum, and Whitman counties and the cities within those counties.14
(6)(a) Nothing in this section precludes a county or city from 15
conducting the review and evaluation required by this section before 16
the deadlines established in subsections (4) and (5) of this section. 17
Counties and cities may begin this process early and may be eligible 18
for grants from the department, subject to available funding, if they 19
elect to do so. 20
(b) A county that is subject to a deadline established in 21
subsection (5)(b) through (d) of this section and meets the following 22
criteria may comply with the requirements of this section at any time 23
within the 24 months following the deadline established in subsection 24
(5) of this section: The county has a population of less than 50,000 25
and has had its population increase by no more than 17 percent in the 26
10 years preceding the deadline established in subsection (5) of this 27
section as of that date. 28
(c) A city that is subject to a deadline established in 29
subsection (5)(b) through (d) of this section and meets the following 30
criteria may comply with the requirements of this section at any time 31
within the 24 months following the deadline established in subsection 32
(5) of this section: The city has a population of no more than 5,000 33
and has had its population increase by the greater of either no more 34
than 100 persons or no more than 17 percent in the 10 years preceding 35
the deadline established in subsection (5) of this section as of that 36
date. 37
(d) State agencies are encouraged to provide technical assistance 38
to the counties and cities in the review of critical area ordinances, 39
comprehensive plans, and development regulations. 40
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(7)(a) The requirements imposed on counties and cities under this 1
section shall be considered "requirements of this chapter" under the 2
terms of RCW 36.70A.040(1). Only those counties and cities that meet 3
the following criteria may receive grants, loans, pledges, or 4
financial guarantees under chapter 43.155 or 70A.135 RCW:5
(i) Complying with the deadlines in this section; or6
(ii) Demonstrating substantial progress towards compliance with 7
the schedules in this section for development regulations that 8
protect critical areas. 9
(b) A county or city that is fewer than 12 months out of 10
compliance with the schedules in this section for development 11
regulations that protect critical areas is making substantial 12
progress towards compliance. Only those counties and cities in 13
compliance with the schedules in this section may receive preference 14
for grants or loans subject to the provisions of RCW 43.17.250.15
(8)(a) Except as otherwise provided in (c) of this subsection, if 16
a participating watershed is achieving benchmarks and goals for the 17
protection of critical areas functions and values, the county is not 18
required to update development regulations to protect critical areas 19
as they specifically apply to agricultural activities in that 20
watershed. 21
(b) A county that has made the election under RCW 36.70A.710(1) 22
may only adopt or amend development regulations to protect critical 23
areas as they specifically apply to agricultural activities in a 24
participating watershed if: 25
(i) A work plan has been approved for that watershed in 26
accordance with RCW 36.70A.725; 27
(ii) The local watershed group for that watershed has requested 28
the county to adopt or amend development regulations as part of a 29
work plan developed under RCW 36.70A.720; 30
(iii) The adoption or amendment of the development regulations is 31
necessary to enable the county to respond to an order of the growth 32
management hearings board or court; 33
(iv) The adoption or amendment of development regulations is 34
necessary to address a threat to human health or safety; or35
(v) Three or more years have elapsed since the receipt of 36
funding. 37
(c) Beginning 10 years from the date of receipt of funding, a 38
county that has made the election under RCW 36.70A.710(1) must review 39
and, if necessary, revise development regulations to protect critical 40
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areas as they specifically apply to agricultural activities in a 1
participating watershed in accordance with the review and revision 2
requirements and timeline in subsection (5) of this section. This 3
subsection (8)(c) does not apply to a participating watershed that 4
has determined under RCW 36.70A.720(2)(c)(ii) that the watershed's 5
goals and benchmarks for protection have been met. 6
(9)(a) Counties subject to planning deadlines established in 7
subsection (5) of this section that are required or that choose to 8
plan under RCW 36.70A.040 and that meet either criteria of (a)(i) or 9
(ii) of this subsection, and cities with a population of more than 10
6,000 as of April 1, 2021, within those counties, must provide to the 11
department an implementation progress report detailing the progress 12
they have achieved in implementing their comprehensive plan five 13
years after the review and revision of their comprehensive plan. Once 14
a county meets the criteria in (a)(i) or (ii) of this subsection, the 15
implementation progress report requirements remain in effect 16
thereafter for that county and the cities therein with populations 17
greater than 6,000 as of April 1, 2021, even if the county later no 18
longer meets either or both criteria. A county is subject to the 19
implementation progress report requirement if it meets either of the 20
following criteria on or after April 1, 2021: 21
(i) The county has a population density of at least 100 people 22
per square mile and a population of at least 200,000; or23
(ii) The county has a population density of at least 75 people 24
per square mile and an annual growth rate of at least 1.75 percent as 25
determined by the office of financial management. 26
(b) The department shall adopt guidelines for indicators, 27
measures, milestones, and criteria for use by counties and cities in 28
the implementation progress report that must cover:29
(i) The implementation of previously adopted changes to the 30
housing element and any effect those changes have had on housing 31
affordability and availability within the jurisdiction;32
(ii) Permit processing timelines; and 33
(iii) Progress toward implementing any actions required to 34
achieve reductions to meet greenhouse gas and vehicle miles traveled 35
requirements as provided for in any element of the comprehensive plan 36
under RCW 36.70A.070. 37
(c) If a city or county required to provide an implementation 38
progress report under this subsection (9) has not implemented any 39
specifically identified regulations, zoning and land use changes, or 40
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taken other legislative or administrative action necessary to 1
implement any changes in the most recent periodic update in their 2
comprehensive plan by the due date for the implementation progress 3
report, the city or county must identify the need for such action in 4
the implementation progress report. Cities and counties must adopt a 5
work plan to implement any necessary regulations, zoning and land use 6
changes, or take other legislative or administrative action 7
identified in the implementation progress report and complete all 8
work necessary for implementation within two years of submission of 9
the implementation progress report. 10
(10) Any county or city that is required by RCW 36.70A.095 to 11
include in its comprehensive plan a climate change and resiliency 12
element and that is also required by subsection (5)(a) of this 13
section to review and, if necessary, revise its comprehensive plan on 14
or before December 31, 2024, must update its transportation element 15
and incorporate a climate change and resiliency element into its 16
comprehensive plan as part of the first implementation progress 17
report required by subsection (9) of this section if funds are 18
appropriated and distributed by December 31, 2027, as required under 19
RCW 36.70A.070(10). 20
Sec. 3. RCW 36.70A.635 and 2024 c 152 s 2 are each amended to 21
read as follows: 22
(1) Except as provided in subsection (4) of this section, any 23
city that is required or chooses to plan under RCW 36.70A.040 must 24
provide by ordinance and incorporate into its development 25
regulations, zoning regulations, and other official controls, 26
authorization for the following: 27
(a) For cities with a population of at least 25,000 but less than 28
75,000 based on office of financial management population estimates:29
(i) The development of at least two units per lot on all lots 30
zoned predominantly for residential use, unless zoning permitting 31
higher densities or intensities applies; 32
(ii) The development of at least four units per lot on all lots 33
zoned predominantly for residential use, unless zoning permitting 34
higher densities or intensities applies, within one-quarter mile 35
walking distance of a major transit stop; and 36
(iii) The development of at least four units per lot on all lots 37
zoned predominantly for residential use, unless zoning permitting 38
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higher densities or intensities applies, if at least one unit is 1
affordable housing. 2
(b) For cities with a population of at least 75,000 based on 3
office of financial management population estimates:4
(i) The development of at least four units per lot on all lots 5
zoned predominantly for residential use, unless zoning permitting 6
higher densities or intensities applies; 7
(ii) The development of at least six units per lot on all lots 8
zoned predominantly for residential use, unless zoning permitting 9
higher densities or intensities applies, within one-quarter mile 10
walking distance of a major transit stop; and 11
(iii) The development of at least six units per lot on all lots 12
zoned predominantly for residential use, unless zoning permitting 13
higher densities or intensities applies, if at least two units are 14
affordable housing. 15
(c) For cities with a population of less than 25,000, that are 16
within a contiguous urban growth area with the largest city in a 17
county with a population of more than 275,000, based on office of 18
financial management population estimates the development of at least 19
two units per lot on all lots zoned predominantly for residential 20
use, unless zoning permitting higher densities or intensities 21
applies. 22
(2)(a) To qualify for the additional units allowed under 23
subsection (1) of this section, the applicant must commit to renting 24
or selling the required number of units as affordable housing. The 25
units must be maintained as affordable for a term of at least 50 26
years, and the property must satisfy that commitment and all required 27
affordability and income eligibility conditions adopted by the local 28
government under this chapter. A city must require the applicant to 29
record a covenant or deed restriction that ensures the continuing 30
rental of units subject to these affordability requirements 31
consistent with the conditions in chapter 84.14 RCW for a period of 32
no less than 50 years. The covenant or deed restriction must also 33
address criteria and policies to maintain public benefit if the 34
property is converted to a use other than which continues to provide 35
for permanently affordable housing. 36
(b) The units dedicated as affordable must be provided in a range 37
of sizes comparable to other units in the development. To the extent 38
practicable, the number of bedrooms in affordable units must be in 39
the same proportion as the number of bedrooms in units within the 40
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entire development. The affordable units must generally be 1
distributed throughout the development and have substantially the 2
same functionality as the other units in the development.3
(c) If a city has enacted a program under RCW 36.70A.540, the 4
terms of that program govern to the extent they vary from the 5
requirements of this subsection. 6
(3) If a city has enacted a program under RCW 36.70A.540, 7
subsection (1) of this section does not preclude the city from 8
requiring any development, including development described in 9
subsection (1) of this section, to provide affordable housing, either 10
on-site or through an in-lieu payment, nor limit the city's ability 11
to expand such a program or modify its requirements.12
(4)(a) As an alternative to the density requirements in 13
subsection (1) of this section, a city may implement the density 14
requirements in subsection (1) of this section for at least 75 15
percent of lots in the city that are primarily dedicated to single-16
family detached housing units. 17
(b) The 25 percent of lots for which the requirements of 18
subsection (1) of this section are not implemented must include but 19
are not limited to: 20
(i) Any areas within the city for which the department has 21
certified an extension of the implementation timelines under RCW 22
36.70A.637 due to the risk of displacement; 23
(ii) Any areas within the city for which the department has 24
certified an extension of the implementation timelines under RCW 25
36.70A.638 due to a lack of infrastructure capacity;26
(iii) Any lots, parcels, and tracts designated with critical 27
areas or their buffers that are exempt from the density requirements 28
as provided in subsection (8) of this section; 29
(iv) Any portion of a city within a one-mile radius of a 30
commercial airport with at least 9,000,000 annual enplanements that 31
is exempt from the parking requirements under subsection (7)(b) of 32
this section; and 33
(v) Any areas subject to sea level rise, increased flooding, 34
susceptible to wildfires, or geological hazards over the next 100 35
years. 36
(c) Unless identified as at higher risk of displacement under RCW 37
36.70A.070(2)(g), the 25 percent of lots for which the requirements 38
of subsection (1) of this section are not implemented may not 39
include: 40
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(i) Any areas for which the exclusion would further racially 1
disparate impacts or result in zoning with a discriminatory effect;2
(ii) Any areas within one-half mile walking distance of a major 3
transit stop; or 4
(iii) Any areas historically covered by a covenant or deed 5
restriction excluding racial minorities from owning property or 6
living in the area, as known to the city at the time of each 7
comprehensive plan update. 8
(5) A city subject to the requirements of subsection (1)(a) or 9
(b) of this section must allow at least six of the nine types of 10
middle housing to achieve the unit density required in subsection (1) 11
of this section. A city may allow accessory dwelling units to achieve 12
the unit density required in subsection (1) of this section. Cities 13
are not required to allow accessory dwelling units or middle housing 14
types beyond the density requirements in subsection (1) of this 15
section. A city must also allow zero lot line short subdivision where 16
the number of lots created is equal to the unit density required in 17
subsection (1) of this section. 18
(6) Any city subject to the requirements of this section:19
(a) If applying design review for middle housing, only 20
administrative design review shall be required; 21
(b) Except as provided in (a) of this subsection, shall not 22
require through development regulations any standards for middle 23
housing that are more restrictive than those required for detached 24
single-family residences, but may apply any objective development 25
regulations that are required for detached single-family residences, 26
including, but not limited to, set-back, lot coverage, stormwater, 27
clearing, and tree canopy and retention requirements;28
(c) Shall apply to middle housing the same development permit and 29
environmental review processes that apply to detached single-family 30
residences, unless otherwise required by state law including, but not 31
limited to, shoreline regulations under chapter 90.58 RCW, building 32
codes under chapter 19.27 RCW, energy codes under chapter 19.27A RCW, 33
or electrical codes under chapter 19.28 RCW; 34
(d) Shall not require off-street parking as a condition of 35
permitting development of middle housing within one-half mile walking 36
distance of a major transit stop; 37
(e) Shall not require more than one off-street parking space per 38
unit as a condition of permitting development of middle housing on 39
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lots no greater than 6,000 square feet before any zero lot line 1
subdivisions or lot splits; 2
(f) Shall not require more than two off-street parking spaces per 3
unit as a condition of permitting development of middle housing on 4
lots greater than 6,000 square feet before any zero lot line 5
subdivisions or lot splits; and 6
(g) Are not required to achieve the per unit density under 7
chapter 332, Laws of 2023 on lots after subdivision below 1,000 8
square feet unless the city chooses to enact smaller allowable lot 9
sizes. 10
(7) The provisions of subsection (6)(d) through (f) of this 11
section do not apply: 12
(a) If a local government submits to the department an empirical 13
study prepared by a credentialed transportation or land use planning 14
expert that clearly demonstrates, and the department finds and 15
certifies, that the application of the parking limitations of 16
subsection (6)(d) through (f) of this section for middle housing will 17
be significantly less safe for vehicle drivers or passengers, 18
pedestrians, or bicyclists than if the jurisdiction's parking 19
requirements were applied to the same location for the same number of 20
detached houses. The department must develop guidance to assist 21
cities on items to include in the study; or 22
(b) To portions of cities within a one-mile radius of a 23
commercial airport in Washington with at least 9,000,000 annual 24
enplanements. 25
(8) The provisions of this section do not apply to:26
(a) Portions of a lot, parcel, or tract designated with critical 27
areas designated under RCW 36.70A.170 or their buffers as required by 28
RCW 36.70A.170, except for critical aquifer recharge areas where a 29
single-family detached house is an allowed use provided that any 30
requirements to maintain aquifer recharge are met;31
(b) Areas designated as sole-source aquifers by the United States 32
environmental protection agency on islands in the Puget Sound;33
(c) A watershed serving a reservoir for potable water if that 34
watershed is or was listed, as of July 23, 2023, as impaired or 35
threatened under section 303 (d) of the federal clean water act (33 36
U.S.C. Sec. 1313(d)); 37
(d) Lots that have been designated urban separators by countywide 38
planning policies as of July 23, 2023; or 39
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(e) A lot that was created through the splitting of a single 1
residential lot. 2
(9) Nothing in this section prohibits a city from permitting 3
detached single-family residences. 4
(10) Nothing in this section requires a city to issue a building 5
permit if other federal, state, and local requirements for a building 6
permit are not met. 7
(11) A city must comply with the requirements of this section on 8
the latter of: 9
(a) Six months after its next periodic comprehensive plan update 10
required under RCW 36.70A.130 if the city meets the population 11
threshold based on the 2020 office of financial management population 12
data; or 13
(b) 12 months after their next implementation progress report 14
required under RCW 36.70A.130 after a determination by the office of 15
financial management that the city has reached a population threshold 16
established under this section. 17
(12) A city complying with this section and not granted a 18
timeline extension under RCW 36.70A.638 does not have to update its 19
capital facilities plan element required by RCW 36.70A.070(3) to 20
accommodate the increased housing required by chapter 332, Laws of 21
2023 until the first periodic comprehensive plan update required for 22
the city under RCW 36.70A.130(5) that occurs on or after June 30, 23
((2034)) 2036. 24
(13) Until June 30, 2026, for cities subject to a growth target 25
adopted under RCW 36.70A.210 that limit the maximum residential 26
capacity of the jurisdiction, any additional residential capacity 27
required by this section for lots, parcels, and tracts with critical 28
areas or critical area buffers outside of critical areas or their 29
buffers may not be considered an inconsistency with the countywide 30
planning policies, multicounty planning policies, or growth targets 31
adopted under RCW 36.70A.210. 32
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p. 14 HB 1700