Rural areas/subdivision

AN ACT Relating to authorizing subdivision of land in rural areas 1
for families; adding a new section to chapter 36.70A RCW; adding a 2
new section to chapter 36.70 RCW; and creating new sections.3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
NEW SECTION. Sec. 1. The legislature finds that the need for 5
families to provide for housing and also care for elderly family 6
members is important, particularly in rural areas where housing 7
options are far fewer. The legislature also finds that assisting 8
families with their ability to live on the land and continue to farm 9
is part of the rural character that has inadvertently been curtailed 10
by interpretations of the growth management act that are not in 11
statute related to size of lots outside of the urban growth areas. 12
This act recognizes that the growth management act is supposed to 13
foster the ability for farm families to live and work on the land.14
NEW SECTION. Sec. 2. A new section is added to chapter 36.70A 15
RCW to read as follows: 16
(1) As part of the requirement in RCW 36.70A.070 for the rural 17
element to provide a variety of rural densities and uses and apply 18
innovative techniques in RCW 36.70A.090, a county may allow for a 19
H-0784.1
HOUSE BILL 1854
State of Washington 69th Legislature 2025 Regular Session
By Representatives Engell, Klicker, Manjarrez, Abell, and Dufault
Read first time 02/05/25. Referred to Committee on Local Government.
p. 1 HB 1854
family member to subdivide land for use or ownership of other family 1
members. 2
(2) Any county may permit the division of land outside of the 3
urban growth area for the transfer or sale to a family member 4
including, but not limited to, parents, children, grandchildren, 5
spouses, and siblings when the requirements of this section are met.6
(3) In order for land to be divided under this section:7
(a) The original parcel or lot must have been owned for more than 8
five years by the grantor or have been transferred from a family 9
member that is deceased with ownership in the family for more than 10
five years; 11
(b) The subdivision application must identify the family member 12
that each new lot is to be for and no receiving family member may 13
have more than one lot; and 14
(c) The lot sizes must be large enough to accommodate a residence 15
and infrastructure, such as a well and on-site sewage system, yet are 16
not required to be the same size as for a single residence being 17
built on property not owned by family members required in local 18
ordinances, comprehensive plans, or development regulations.19
(4) Except for lot size and setbacks, any development of a lot 20
created under this section must conform with local regulations in 21
place at the time the permits for development are submitted.22
(5) Decisions of a court or the growth management hearings board 23
related to requiring a specific lot size for rural character that 24
conflict with this section are replaced by the provisions of this 25
section. 26
NEW SECTION. Sec. 3. A new section is added to chapter 36.70 27
RCW to read as follows: 28
(1) Any county may permit the division of land outside of the 29
urban growth area for the transfer or sale to a family member 30
including, but not limited to, parents, children, grandchildren, 31
spouses, and siblings when the requirements of this section are met.32
(2) In order for land to be divided under this section:33
(a) The original parcel or lot must have been owned for more than 34
five years by the grantor or have been transferred from a family 35
member that is deceased with ownership in the family for more than 36
five years; 37
p. 2 HB 1854
(b) The subdivision application must identify the family member 1
that each new lot is to be for and no receiving family member may 2
have more than one lot; and 3
(c) The lot sizes must be large enough to accommodate a residence 4
and infrastructure, such as a well and on-site sewage system, yet are 5
not required to be the same size as for a single residence being 6
built on property not owned by family members required in local 7
ordinances, comprehensive plans, or development regulations.8
(3) Except for lot size and setbacks, any development of a lot 9
created under this section must conform with local regulations in 10
place at the time the permits for development are submitted.11
NEW SECTION. Sec. 4. This act may be known and cited as the 12
family housing act.13
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p. 3 HB 1854