Middle housing

AN ACT Relating to authorizing middle housing in unincorporated 1
urban growth areas, certain limited areas of more intensive rural 2
development, and fully contained communities; reenacting and amending 3
RCW 43.21C.495 and 36.70A.280; and adding a new section to chapter 4
36.70A RCW. 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:6
NEW SECTION. Sec. 1. A new section is added to chapter 36.70A 7
RCW to read as follows: 8
Any county that is required or chooses to plan under RCW 9
36.70A.040 may provide by ordinance and incorporate into its 10
development regulations, zoning regulations, and other official 11
controls, authorization for the following: 12
(1) At least one middle housing unit on each parcel that permits 13
single-family residences in designated urban growth areas, limited 14
areas of more intensive rural development designated according to the 15
requirements in RCW 36.70A.070(5)(d)(i); 16
(2) If a county takes action authorized by this subsection, it 17
may not authorize more than 4 residential units per lot in limited 18
areas of more intensive rural development designated according to RCW 19
36.70A.070(5)(d)(i), and its development regulations must:20
H-1131.1
HOUSE BILL 1840
State of Washington 69th Legislature 2025 Regular Session
By Representatives Peterson, Low, Gregerson, Reed, Nance, Tharinger,
and Obras
Read first time 02/05/25. Referred to Committee on Housing.
p. 1 HB 1840
(a) Not require any standards for middle housing that are more 1
restrictive than those required for detached single-family 2
residences, but may apply any objective development regulations that 3
are required for detached single-family residences, including, but 4
not limited to, setback, lot coverage, stormwater, clearing, and tree 5
canopy and retention requirements; 6
(b) Apply to middle housing the same development permit and 7
environmental review processes that apply to detached single-family 8
residences, unless otherwise required by state law, including, but 9
not limited to, shoreline regulations under chapter 90.58 RCW, 10
building codes under chapter 19.27 RCW, energy codes under chapter 11
19.27A RCW, or electrical codes under chapter 19.28 RCW; and12
(c) Require that middle housing in limited areas of more 13
intensive rural development be served by sewer service.14
Sec. 2. RCW 43.21C.495 and 2023 c 334 s 6 and 2023 c 332 s 8 are 15
each reenacted and amended to read as follows: 16
(1) Adoption of ordinances, development regulations and 17
amendments to such regulations, and other nonproject actions taken by 18
a city to implement: The actions specified in section 2, chapter 246, 19
Laws of 2022 unless the adoption of such ordinances, development 20
regulations and amendments to such regulations, or other nonproject 21
actions has a probable significant adverse impact on fish habitat; 22
and the increased residential building capacity actions identified in 23
RCW 36.70A.600(1), with the exception of the action specified in RCW 24
36.70A.600(1)(f), are not subject to administrative or judicial 25
appeals under this chapter. 26
(2) Amendments to development regulations and other nonproject 27
actions taken by a city to implement the requirements under RCW 28
36.70A.635 pursuant to RCW 36.70A.636(3)(b) are not subject to 29
administrative or judicial appeals under this chapter.30
(3) Adoption of ordinances, development regulations and 31
amendments to such regulations, and other nonproject actions taken by 32
a city or county consistent with the requirements of RCW 36.70A.680 33
and 36.70A.681 are not subject to administrative or judicial appeals 34
under this chapter. 35
(4) Adoption of ordinances, development regulations, amendments 36
to such regulations, and other nonproject actions taken by a county 37
to implement section 1 of this act are not subject to administrative 38
or judicial appeals under this chapter.39
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Sec. 3. RCW 36.70A.280 and 2023 c 334 s 7, 2023 c 332 s 6, and 1
2023 c 228 s 7 are each reenacted and amended to read as follows:2
(1) The growth management hearings board shall hear and determine 3
only those petitions alleging either: 4
(a) That, except as provided otherwise by this subsection, a 5
state agency, county, or city planning under this chapter is not in 6
compliance with the requirements of this chapter, chapter 90.58 RCW 7
as it relates to the adoption of shoreline master programs or 8
amendments thereto, or chapter 43.21C RCW as it relates to plans, 9
development regulations, or amendments, adopted under RCW 36.70A.040 10
or chapter 90.58 RCW. Nothing in this subsection authorizes the board 11
to hear petitions alleging noncompliance based on a city or county's 12
actions taken to implement the requirements of RCW 36.70A.680 13
((and)), 36.70A.681, or section 1 of this act within an urban growth 14
area; 15
(b) That the 20-year growth management planning population 16
projections adopted by the office of financial management pursuant to 17
RCW 43.62.035 should be adjusted; 18
(c) That the approval of a work plan adopted under RCW 19
36.70A.735(1)(a) is not in compliance with the requirements of the 20
program established under RCW 36.70A.710; 21
(d) That regulations adopted under RCW 36.70A.735(1)(b) are not 22
regionally applicable and cannot be adopted, wholly or partially, by 23
another jurisdiction; 24
(e) That a department certification under RCW 36.70A.735(1)(c) is 25
erroneous; 26
(f) That the department's final decision to approve or reject a 27
proposed greenhouse gas emissions reduction subelement or amendments 28
by a local government planning under RCW 36.70A.040 was not in 29
compliance with the joint guidance issued by the department pursuant 30
to RCW 70A.45.120; or 31
(g) That the department's final decision to approve or reject 32
actions by a city implementing RCW 36.70A.635 is clearly erroneous.33
(2) A petition may be filed only by: (a) The state, or a county 34
or city that plans under this chapter; (b) a person who has 35
participated orally or in writing before the county or city regarding 36
the matter on which a review is being requested; (c) a person who is 37
certified by the governor within 60 days of filing the request with 38
the board; or (d) a person qualified pursuant to RCW 34.05.530.39
p. 3 HB 1840
(3) For purposes of this section "person" means any individual, 1
partnership, corporation, association, state agency, governmental 2
subdivision or unit thereof, or public or private organization or 3
entity of any character. 4
(4) To establish participation standing under subsection (2)(b) 5
of this section, a person must show that his or her participation 6
before the county or city was reasonably related to the person's 7
issue as presented to the board. 8
(5) When considering a possible adjustment to a growth management 9
planning population projection prepared by the office of financial 10
management, the board shall consider the implications of any such 11
adjustment to the population forecast for the entire state.12
The rationale for any adjustment that is adopted by the board 13
must be documented and filed with the office of financial management 14
within ten working days after adoption. 15
If adjusted by the board, a county growth management planning 16
population projection shall only be used for the planning purposes 17
set forth in this chapter and shall be known as the "board adjusted 18
population projection." None of these changes shall affect the 19
official state and county population forecasts prepared by the office 20
of financial management, which shall continue to be used for state 21
budget and planning purposes. 22
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