Urban growth area planning

AN ACT Relating to standardizing city and county planning and 1
development regulations with an urban growth area; amending RCW 2
36.70A.110; and reenacting and amending RCW 36.70A.130.3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
Sec. 1. RCW 36.70A.110 and 2025 c 258 s 2 are each amended to 5
read as follows: 6
(1) Each county that is required or chooses to plan under RCW 7
36.70A.040 shall designate an urban growth area or areas within which 8
urban growth shall be encouraged and outside of which growth can 9
occur only if it is not urban in nature. Each city that is located in 10
such a county shall be included within an urban growth area. An urban 11
growth area may include more than a single city. An urban growth area 12
may include territory that is located outside of a city only if such 13
territory already is characterized by urban growth whether or not the 14
urban growth area includes a city, or is adjacent to territory 15
already characterized by urban growth, or is a designated new fully 16
contained community as defined by RCW 36.70A.350. When a federally 17
recognized Indian tribe whose reservation or ceded lands lie within 18
the county or city has voluntarily chosen to participate in the 19
planning process pursuant to RCW 36.70A.040, the county or city and 20
the tribe shall coordinate their planning efforts for any areas 21
H-2645.1
HOUSE BILL 2201
State of Washington 69th Legislature 2026 Regular Session
By Representatives Parshley, Stuebe, Ramel, Reed, Zahn, Duerr, and
Pollet
Prefiled 12/29/25. Read first time 01/12/26. Referred to Committee
on Local Government.
p. 1 HB 2201
planned for urban growth consistent with the terms outlined in the 1
memorandum of agreement provided for in RCW 36.70A.040(8).2
(2) Based upon the growth management population projection made 3
for the county by the office of financial management, the county and 4
each city within the county shall include areas and densities 5
sufficient to permit the urban growth that is projected to occur in 6
the county or city for the succeeding twenty-year period, except for 7
those urban growth areas contained totally within a national 8
historical reserve. As part of this planning process, each city 9
within the county must include areas sufficient to accommodate the 10
broad range of needs and uses that will accompany the projected urban 11
growth including, as appropriate, medical, governmental, 12
institutional, commercial, service, retail, and other nonresidential 13
uses. 14
Each urban growth area shall permit urban densities and shall 15
include greenbelt and open space areas. In the case of urban growth 16
areas contained totally within a national historical reserve, the 17
city may restrict densities, intensities, and forms of urban growth 18
as determined to be necessary and appropriate to protect the 19
physical, cultural, or historic integrity of the reserve. An urban 20
growth area determination may include a reasonable land market supply 21
factor and shall permit a range of urban densities and uses. In 22
determining this market factor, cities and counties may consider 23
local circumstances. Cities and counties have discretion in their 24
comprehensive plans to make many choices about accommodating growth.25
Within one year of July 1, 1990, each county that as of June 1, 26
1991, was required or chose to plan under RCW 36.70A.040, shall begin 27
consulting with each city located within its boundaries and each city 28
shall propose the location of an urban growth area. Within sixty days 29
of the date the county legislative authority of a county adopts its 30
resolution of intention or of certification by the office of 31
financial management, all other counties that are required or choose 32
to plan under RCW 36.70A.040 shall begin this consultation with each 33
city located within its boundaries. The county shall attempt to reach 34
agreement with each city on the location of an urban growth area 35
within which the city is located. If such an agreement is not reached 36
with each city located within the urban growth area, the county shall 37
justify in writing why it so designated the area an urban growth 38
area. A city may object formally with the department over the 39
designation of the urban growth area within which it is located. 40
p. 2 HB 2201
Where appropriate, the department shall attempt to resolve the 1
conflicts, including the use of mediation services.2
(3) Urban growth should be located first in areas already 3
characterized by urban growth that have adequate existing public 4
facility and service capacities to serve such development, second in 5
areas already characterized by urban growth that will be served 6
adequately by a combination of both existing public facilities and 7
services and any additional needed public facilities and services 8
that are provided by either public or private sources, and third in 9
the remaining portions of the urban growth areas. Urban growth may 10
also be located in designated new fully contained communities as 11
defined by RCW 36.70A.350. 12
(4) In general, cities are the units of local government most 13
appropriate to provide urban governmental services. In general, it is 14
not appropriate that urban governmental services be extended to or 15
expanded in rural areas except in those limited circumstances shown 16
to be necessary to protect basic public health and safety and the 17
environment and when such services are financially supportable at 18
rural densities and do not permit urban development and as authorized 19
in RCW 36.70A.830. 20
(5) On or before October 1, 1993, each county that was initially 21
required to plan under RCW 36.70A.040(1) shall adopt development 22
regulations designating interim urban growth areas under this 23
chapter. Within three years and three months of the date the county 24
legislative authority of a county adopts its resolution of intention 25
or of certification by the office of financial management, all other 26
counties that are required or choose to plan under RCW 36.70A.040 27
shall adopt development regulations designating interim urban growth 28
areas under this chapter. Adoption of the interim urban growth areas 29
may only occur after public notice; public hearing; and compliance 30
with the state environmental policy act, chapter 43.21C RCW, and 31
under this section. Such action may be appealed to the growth 32
management hearings board under RCW 36.70A.280. Final urban growth 33
areas shall be adopted at the time of comprehensive plan adoption 34
under this chapter. 35
(6) Each county shall include designations of urban growth areas 36
in its comprehensive plan. 37
(7) An urban growth area designated in accordance with this 38
section may include within its boundaries urban service areas or 39
p. 3 HB 2201
potential annexation areas designated for specific cities or towns 1
within the county. 2
(8) If, during the county's annual review under RCW 3
36.70A.130(2)(a), the county determines revision of the urban growth 4
area is not required to accommodate the population projection for the 5
county made by the office of financial management for the succeeding 6
20-year period, but does determine that patterns of development have 7
created pressure for development in areas exceeding the amount of 8
available developable lands within the urban growth area, then the 9
county may revise the urban growth area or areas based on identified 10
patterns of development and likely future development pressure if the 11
following requirements are met: 12
(a) The revised urban growth area would not result in a net 13
increase in the total acreage or development capacity of the urban 14
growth area or areas; 15
(b) The areas added to the urban growth area are not designated 16
by the county as agricultural, forest, or mineral resource lands of 17
long-term commercial significance; 18
(c) If the areas added to the urban growth area have previously 19
been designated as agricultural, forest, or mineral resource lands of 20
long-term commercial significance, either an equivalent amount of 21
agricultural, forest, or mineral resource lands of long-term 22
commercial significance must be added to the area outside of the 23
urban growth area, or the county must wait a minimum of two years 24
before another swap may occur; 25
(d) Less than 15 percent of the areas added to the urban growth 26
area are critical areas other than critical aquifer recharge areas. 27
Critical aquifer recharge areas must have been previously designated 28
by the county and be maintained per county development regulations 29
within the expanded urban growth area and the revised urban growth 30
area must not result in a net increase in critical aquifer recharge 31
areas within the urban growth area; 32
(e) The areas added to the urban growth areas are suitable for 33
urban growth; 34
(f) The transportation element and capital facility plan element 35
of the county's comprehensive plan have identified the transportation 36
facilities and public facilities and services needed to serve the 37
urban growth area and the funding to provide the transportation 38
facilities and public facilities and services; 39
p. 4 HB 2201
(g) The areas removed from the urban growth area are not 1
characterized by urban growth or urban densities; 2
(h) The revised urban growth area is contiguous, does not include 3
holes or gaps, and will not increase pressures to urbanize rural or 4
natural resource lands; 5
(i) The county's proposed urban growth area revision has been 6
reviewed according to the process and procedure in the countywide 7
planning policies adopted and approved according to RCW 36.70A.210; 8
and 9
(j) The revised urban growth area meets all other requirements of 10
this section. 11
(9)(a) At the earliest possible date prior to the revision of the 12
county's urban growth area authorized under subsection (8) of this 13
section, the county must engage in meaningful consultation with any 14
federally recognized Indian tribe that may be potentially affected by 15
the proposed revision. Meaningful consultation must include 16
discussion of the potential impacts to cultural resources and tribal 17
treaty rights. 18
(b) A county must notify the affected federally recognized Indian 19
tribe of the proposed revision using at least two methods, including 20
by mail. Upon receiving a notice, the federally recognized Indian 21
tribe may request a consultation to determine whether an agreement 22
can be reached related to the revision of the county's urban growth 23
area. If an agreement is not reached, the parties must enter 24
mediation pursuant to RCW 36.70A.040. 25
(10)(a) Except as provided in (b) of this subsection, the 26
expansion of an urban growth area is prohibited into the one hundred 27
year floodplain of any river or river segment that: (i) Is located 28
west of the crest of the Cascade mountains; and (ii) has a mean 29
annual flow of one thousand or more cubic feet per second as 30
determined by the department of ecology. 31
(b) Subsection (10)(a) of this section does not apply to:32
(i) Urban growth areas that are fully contained within a 33
floodplain and lack adjacent buildable areas outside the floodplain;34
(ii) Urban growth areas where expansions are precluded outside 35
floodplains because: 36
(A) Urban governmental services cannot be physically provided to 37
serve areas outside the floodplain; or 38
(B) Expansions outside the floodplain would require a river or 39
estuary crossing to access the expansion; or 40
p. 5 HB 2201
(iii) Urban growth area expansions where: 1
(A) Public facilities already exist within the floodplain and the 2
expansion of an existing public facility is only possible on the land 3
to be included in the urban growth area and located within the 4
floodplain; or 5
(B) Urban development already exists within a floodplain as of 6
July 26, 2009, and is adjacent to, but outside of, the urban growth 7
area, and the expansion of the urban growth area is necessary to 8
include such urban development within the urban growth area; or9
(C) The land is owned by a jurisdiction planning under this 10
chapter or the rights to the development of the land have been 11
permanently extinguished, and the following criteria are met:12
(I) The permissible use of the land is limited to one of the 13
following: Outdoor recreation; environmentally beneficial projects, 14
including but not limited to habitat enhancement or environmental 15
restoration; stormwater facilities; flood control facilities; or 16
underground conveyances; and 17
(II) The development and use of such facilities or projects will 18
not decrease flood storage, increase stormwater runoff, discharge 19
pollutants to fresh or salt waters during normal operations or 20
floods, or increase hazards to people and property.21
(c) For the purposes of this subsection (10), "one hundred year 22
floodplain" means the same as "special flood hazard area" as set 23
forth in WAC 173-158-040 as it exists on July 26, 2009.24
(11) If a county, city, or utility has adopted a capital facility 25
plan or utilities element to provide sewer service within the urban 26
growth areas during the twenty-year planning period, nothing in this 27
chapter obligates counties, cities, or utilities to install sanitary 28
sewer systems to properties within urban growth areas designated 29
under subsection (2) of this section by the end of the twenty-year 30
planning period when those properties: 31
(a)(i) Have existing, functioning, nonpolluting on-site sewage 32
systems; 33
(ii) Have a periodic inspection program by a public agency to 34
verify the on-site sewage systems function properly and do not 35
pollute surface or groundwater; and 36
(iii) Have no redevelopment capacity; or 37
(b) Do not require sewer service because development densities 38
are limited due to wetlands, floodplains, fish and wildlife habitats, 39
or geological hazards. 40
p. 6 HB 2201
(12) Within an urban growth area, county development regulations 1
and comprehensive planning must conform to that of the urban growth 2
area's designated city, as provided for in RCW 36.70A.130(3)(d).3
Sec. 2. RCW 36.70A.130 and 2025 c 269 s 5 and 2025 c 148 s 1 are 4
each reenacted and amended to read as follows: 5
(1)(a) Each comprehensive land use plan and development 6
regulations shall be subject to continuing review and evaluation by 7
the county or city that adopted them. Except as otherwise provided, a 8
county or city shall take legislative action to review and, if 9
needed, revise its comprehensive land use plan and development 10
regulations to ensure the plan and regulations comply with the 11
requirements of this chapter according to the deadlines in 12
subsections (4) and (5) of this section. 13
(b)(i) A city or town located within a county planning under RCW 14
36.70A.040 may opt out of a full review and revisions of its 15
comprehensive plan established in this section if the city or town 16
meets the following criteria: 17
(A) Has a population fewer than 500; 18
(B) Is not located within 10 miles of a city with a population 19
over 100,000; 20
(C) Experienced a population growth rate of fewer than 10 percent 21
in the preceding 10 years; and 22
(D) Has provided the department with notice of its intent to 23
participate in a partial review and revision of its comprehensive 24
plan. 25
(ii) The department shall review the population growth rate for a 26
city or town participating in the partial review and revision of its 27
comprehensive plan process at least three years before the periodic 28
update is due as outlined in subsection (4) of this section and 29
notify cities of their eligibility. 30
(iii) A city or town that opts out of a full review and revision 31
of its comprehensive plan must update its critical areas regulations 32
and its capital facilities element and its transportation element.33
(c) Except as otherwise provided, a county or city not planning 34
under RCW 36.70A.040 shall take action to review and, if needed, 35
revise its policies and development regulations regarding critical 36
areas and natural resource lands adopted according to this chapter to 37
ensure these policies and regulations comply with the requirements of 38
this chapter according to the deadlines in subsections (4) and (5) of 39
p. 7 HB 2201
this section. Legislative action means the adoption of a resolution 1
or ordinance following notice and a public hearing indicating at a 2
minimum, a finding that a review and evaluation has occurred and 3
identifying the revisions made, or that a revision was not needed and 4
the reasons therefor. 5
(d) The review and evaluation required by this subsection shall 6
include, but is not limited to, consideration of critical area 7
ordinances and, if planning under RCW 36.70A.040, an analysis of the 8
population allocated to a city or county from the most recent 10-year 9
population forecast by the office of financial management.10
(e) Any amendment of or revision to a comprehensive land use plan 11
shall conform to this chapter. Any amendment of or revision to 12
development regulations shall be consistent with and implement the 13
comprehensive plan. 14
(2)(a) Each county and city shall establish and broadly 15
disseminate to the public a public participation program consistent 16
with RCW 36.70A.035 and 36.70A.140 that identifies procedures and 17
schedules whereby updates, proposed amendments, or revisions of the 18
comprehensive plan are considered by the governing body of the county 19
or city no more frequently than once every year. "Updates" means to 20
review and revise, if needed, according to subsection (1) of this 21
section, and the deadlines in subsections (4) and (5) of this section 22
or in accordance with the provisions of subsection (6) of this 23
section. Amendments may be considered more frequently than once per 24
year under the following circumstances: 25
(i) The initial adoption of a subarea plan. Subarea plans adopted 26
under this subsection (2)(a)(i) must clarify, supplement, or 27
implement jurisdiction-wide comprehensive plan policies, and may only 28
be adopted if the cumulative impacts of the proposed plan are 29
addressed by appropriate environmental review under chapter 43.21C 30
RCW; 31
(ii) The development of an initial subarea plan for economic 32
development located outside of the 100 year floodplain in a county 33
that has completed a state-funded pilot project that is based on 34
watershed characterization and local habitat assessment;35
(iii) The adoption or amendment of a shoreline master program 36
under the procedures set forth in chapter 90.58 RCW;37
(iv) The amendment of the capital facilities element of a 38
comprehensive plan that occurs concurrently with the adoption or 39
amendment of a county or city budget; 40
p. 8 HB 2201
(v) The adoption of comprehensive plan amendments necessary to 1
enact a planned action under RCW 43.21C.440, provided that amendments 2
are considered in accordance with the public participation program 3
established by the county or city under this subsection (2)(a) and 4
all persons who have requested notice of a comprehensive plan update 5
are given notice of the amendments and an opportunity to comment; or6
(vi) The adoption or amendment of any housing element necessary 7
to receive a determination of compliance under RCW 36.70A.835.8
(b) Except as otherwise provided in (a) of this subsection, all 9
proposals shall be considered by the governing body concurrently so 10
the cumulative effect of the various proposals can be ascertained. 11
However, after appropriate public participation a county or city may 12
adopt amendments or revisions to its comprehensive plan that conform 13
with this chapter whenever an emergency exists or to resolve an 14
appeal of a comprehensive plan filed with the growth management 15
hearings board or with the court. 16
(3)(a) Each county that designates urban growth areas under RCW 17
36.70A.110 shall review, according to the schedules established in 18
subsections (4) and (5) of this section, its designated urban growth 19
area or areas, patterns of development occurring within the urban 20
growth area or areas, ((and)) the densities permitted within both the 21
incorporated and unincorporated portions of each urban growth area , 22
and the development regulations applicable within its designated 23
urban growth areas . In conjunction with this review by the county, 24
each city located within an urban growth area shall review the 25
densities permitted within its boundaries, and the extent to which 26
the urban growth occurring within the county has located within each 27
city and the unincorporated portions of the urban growth areas.28
(b) The county comprehensive plan designating urban growth areas, 29
and the densities permitted in the urban growth areas by the 30
comprehensive plans of the county and each city located within the 31
urban growth areas, shall be revised to accommodate the urban growth 32
projected to occur in the county for the succeeding 20-year period. 33
The review required by this subsection may be combined with the 34
review and evaluation required by RCW 36.70A.215. 35
(c) If, during the county's review under (a) of this subsection, 36
the county determines revision of the urban growth area is not 37
required to accommodate the urban growth projected to occur in the 38
county for the succeeding 20-year period, but does determine that 39
patterns of development have created pressure in areas that exceed 40
p. 9 HB 2201
available, developable lands within the urban growth area, the urban 1
growth area or areas may be revised to accommodate identified 2
patterns of development and likely future development pressure for 3
the succeeding 20-year period if the following requirements are met:4
(i) The revised urban growth area may not result in an increase 5
in the total surface areas of the urban growth area or areas;6
(ii) The areas added to the urban growth area are not or have not 7
been designated as agricultural, forest, or mineral resource lands of 8
long-term commercial significance; 9
(iii) Less than 15 percent of the areas added to the urban growth 10
area are critical areas; 11
(iv) The areas added to the urban growth areas are suitable for 12
urban growth; 13
(v) The transportation element and capital facility plan element 14
have identified the transportation facilities, and public facilities 15
and services needed to serve the urban growth area and the funding to 16
provide the transportation facilities and public facilities and 17
services; 18
(vi) The urban growth area is not larger than needed to 19
accommodate the growth planned for the succeeding 20-year planning 20
period and a reasonable land market supply factor;21
(vii) The areas removed from the urban growth area do not include 22
urban growth or urban densities; and 23
(viii) The revised urban growth area is contiguous, does not 24
include holes or gaps, and will not increase pressures to urbanize 25
rural or natural resource lands. 26
(d) Each county that contains an urban growth area in which a 27
city is located must, at the time of the review provided for in (a) 28
of this subsection, ensure that its comprehensive plan and 29
development regulations applicable to such an urban growth area 30
conform to the comprehensive plan and regulations adopted by the 31
urban growth area's designated city, unless the city has agreed that 32
the county provisions may vary from the city provisions or county 33
regulations are otherwise required by law to vary from those adopted 34
by the city. A county that is required to provide an implementation 35
progress report under subsection (9) of this section must initially 36
conform its regulations as required in this subsection at the time of 37
its first implementation progress report due after January 1, 2027.38
(4) Except as otherwise provided in subsections (6) and (8) of 39
this section, counties and cities shall take action to review and, if 40
p. 10 HB 2201
needed, revise their comprehensive plans and development regulations 1
to ensure the plan and regulations comply with the requirements of 2
this chapter as follows: 3
(a) On or before June 30, 2015, for King, Pierce, and Snohomish 4
counties and the cities within those counties; 5
(b) On or before June 30, 2016, for Clallam, Clark, Island, 6
Jefferson, Kitsap, Mason, San Juan, Skagit, Thurston, and Whatcom 7
counties and the cities within those counties; 8
(c) On or before June 30, 2017, for Benton, Chelan, Cowlitz, 9
Douglas, Kittitas, Lewis, Skamania, Spokane, and Yakima counties and 10
the cities within those counties; and 11
(d) On or before June 30, 2018, for Adams, Asotin, Columbia, 12
Ferry, Franklin, Garfield, Grant, Grays Harbor, Klickitat, Lincoln, 13
Okanogan, Pacific, Pend Oreille, Stevens, Wahkiakum, Walla Walla, and 14
Whitman counties and the cities within those counties.15
(5) Except as otherwise provided in subsections (6) and (8) of 16
this section, following the review of comprehensive plans and 17
development regulations required by subsection (4) of this section, 18
counties and cities shall take action to review and, if needed, 19
revise their comprehensive plans and development regulations to 20
ensure the plan and regulations comply with the requirements of this 21
chapter as follows: 22
(a) Except as provided in subsection (10) of this section, on or 23
before December 31, 2024, with the following review and, if needed, 24
revision on or before June 30, 2034, and then every 10 years 25
thereafter, for King, Kitsap, Pierce, and Snohomish counties and the 26
cities within those counties; 27
(b) On or before December 31, 2025, with the following review 28
and, if needed, revision on or before June 30, 2035, and then every 29
10 years thereafter, for Clallam, Clark, Island, Jefferson, Lewis, 30
Mason, San Juan, Skagit, Thurston, and Whatcom counties and the 31
cities within those counties; 32
(c) On or before December 31, 2026, with the following review 33
and, if needed, revision, on or before June 30, 2036, and every 10 34
years thereafter, for Benton, Chelan, Cowlitz, Douglas, Franklin, 35
Kittitas, Skamania, Spokane, Walla Walla, and Yakima counties and the 36
cities within those counties; and 37
(d) On or before June 30, 2027, and every 10 years thereafter, 38
for Adams, Asotin, Columbia, Ferry, Garfield, Grant, Grays Harbor, 39
p. 11 HB 2201
Klickitat, Lincoln, Okanogan, Pacific, Pend Oreille, Stevens, 1
Wahkiakum, and Whitman counties and the cities within those counties.2
(6)(a) Nothing in this section precludes a county or city from 3
conducting the review and evaluation required by this section before 4
the deadlines established in subsections (4) and (5) of this section. 5
Counties and cities may begin this process early and may be eligible 6
for grants from the department, subject to available funding, if they 7
elect to do so. 8
(b) A county that is subject to a deadline established in 9
subsection (5)(b) through (d) of this section and meets the following 10
criteria may comply with the requirements of this section at any time 11
within the 24 months following the deadline established in subsection 12
(5) of this section: The county has a population of less than 50,000 13
and has had its population increase by no more than 17 percent in the 14
10 years preceding the deadline established in subsection (5) of this 15
section as of that date. 16
(c) A city that is subject to a deadline established in 17
subsection (5)(b) through (d) of this section and meets the following 18
criteria may comply with the requirements of this section at any time 19
within the 24 months following the deadline established in subsection 20
(5) of this section: The city has a population of no more than 5,000 21
and has had its population increase by the greater of either no more 22
than 100 persons or no more than 17 percent in the 10 years preceding 23
the deadline established in subsection (5) of this section as of that 24
date. 25
(d) State agencies are encouraged to provide technical assistance 26
to the counties and cities in the review of critical area ordinances, 27
comprehensive plans, and development regulations. 28
(7)(a) The requirements imposed on counties and cities under this 29
section shall be considered "requirements of this chapter" under the 30
terms of RCW 36.70A.040(1). Only those counties and cities that meet 31
the following criteria may receive grants, loans, pledges, or 32
financial guarantees under chapter 43.155 or 70A.135 RCW:33
(i) The county or city is in compliance with the deadlines in 34
this section; 35
(ii) The county or city demonstrates substantial progress towards 36
compliance with the deadlines in this section for development 37
regulations that protect critical areas. For the purposes of this 38
subsection (7)(a)(ii), a county or city that is fewer than 12 months 39
out of compliance with the deadlines in this section for development 40
p. 12 HB 2201
regulations that protect critical areas is making substantial 1
progress towards compliance with the deadlines in this section; or2
(iii) The county or city demonstrates substantial progress 3
towards compliance with the deadlines in this section for any housing 4
element and any housing development regulations required to be 5
submitted to the department for review under RCW 36.70A.835. For the 6
purposes of this subsection (7)(a)(iii), a county or city that 7
applies to the department for review within the timelines specified 8
under RCW 36.70A.835 demonstrates substantial progress towards 9
compliance with the deadlines in this section and is eligible for 10
grants, loans, pledges, or financial guarantees under chapter 43.155 11
or 70A.135 RCW until the department or the growth management hearings 12
board issues a final decision determining that the county's or city's 13
housing element or any related housing development regulations are 14
not in compliance with the laws and regulations identified in RCW 15
36.70A.835(7). 16
(b) Only those counties and cities in compliance with the 17
schedules in this section may receive preference for grants or loans 18
subject to the provisions of RCW 43.17.250. 19
(8)(a) Except as otherwise provided in (c) of this subsection, if 20
a participating watershed is achieving benchmarks and goals for the 21
protection of critical areas functions and values, the county is not 22
required to update development regulations to protect critical areas 23
as they specifically apply to agricultural activities in that 24
watershed. 25
(b) A county that has made the election under RCW 36.70A.710(1) 26
may only adopt or amend development regulations to protect critical 27
areas as they specifically apply to agricultural activities in a 28
participating watershed if: 29
(i) A work plan has been approved for that watershed in 30
accordance with RCW 36.70A.725; 31
(ii) The local watershed group for that watershed has requested 32
the county to adopt or amend development regulations as part of a 33
work plan developed under RCW 36.70A.720; 34
(iii) The adoption or amendment of the development regulations is 35
necessary to enable the county to respond to an order of the growth 36
management hearings board or court; 37
(iv) The adoption or amendment of development regulations is 38
necessary to address a threat to human health or safety; or39
p. 13 HB 2201
(v) Three or more years have elapsed since the receipt of 1
funding. 2
(c) Beginning 10 years from the date of receipt of funding, a 3
county that has made the election under RCW 36.70A.710(1) must review 4
and, if necessary, revise development regulations to protect critical 5
areas as they specifically apply to agricultural activities in a 6
participating watershed in accordance with the review and revision 7
requirements and timeline in subsection (5) of this section. This 8
subsection (8)(c) does not apply to a participating watershed that 9
has determined under RCW 36.70A.720(2)(c)(ii) that the watershed's 10
goals and benchmarks for protection have been met.11
(9)(a) Counties subject to planning deadlines established in 12
subsection (5) of this section that are required or that choose to 13
plan under RCW 36.70A.040 and that meet either criteria of (a)(i) or 14
(ii) of this subsection, and cities with a population of more than 15
6,000 as of April 1, 2021, within those counties, must provide to the 16
department an implementation progress report detailing the progress 17
they have achieved in implementing their comprehensive plan five 18
years after the review and revision of their comprehensive plan. Once 19
a county meets the criteria in (a)(i) or (ii) of this subsection, the 20
implementation progress report requirements remain in effect 21
thereafter for that county and the cities therein with populations 22
greater than 6,000 as of April 1, 2021, even if the county later no 23
longer meets either or both criteria. A county is subject to the 24
implementation progress report requirement if it meets either of the 25
following criteria on or after April 1, 2021: 26
(i) The county has a population density of at least 100 people 27
per square mile and a population of at least 200,000; or28
(ii) The county has a population density of at least 75 people 29
per square mile and an annual growth rate of at least 1.75 percent as 30
determined by the office of financial management. 31
(b) The department shall adopt guidelines for indicators, 32
measures, milestones, and criteria for use by counties and cities in 33
the implementation progress report that must cover:34
(i) The implementation of previously adopted changes to the 35
housing element and any effect those changes have had on housing 36
affordability and availability within the jurisdiction;37
(ii) Permit processing timelines; and 38
(iii) Progress toward implementing any actions required to 39
achieve reductions to meet greenhouse gas and vehicle miles traveled 40
p. 14 HB 2201
requirements as provided for in any element of the comprehensive plan 1
under RCW 36.70A.070. 2
(c) If a city or county required to provide an implementation 3
progress report under this subsection (9) has not implemented any 4
specifically identified regulations, zoning and land use changes, or 5
taken other legislative or administrative action necessary to 6
implement any changes in the most recent periodic update in their 7
comprehensive plan by the due date for the implementation progress 8
report, the city or county must identify the need for such action in 9
the implementation progress report. Cities and counties must adopt a 10
work plan to implement any necessary regulations, zoning and land use 11
changes, or take other legislative or administrative action 12
identified in the implementation progress report and complete all 13
work necessary for implementation within two years of submission of 14
the implementation progress report. 15
(10) Any county or city that is required by RCW 36.70A.095 to 16
include in its comprehensive plan a climate change and resiliency 17
element and that is also required by subsection (5)(a) of this 18
section to review and, if necessary, revise its comprehensive plan on 19
or before December 31, 2024, must update its transportation element 20
and incorporate a climate change and resiliency element into its 21
comprehensive plan as part of the first implementation progress 22
report required by subsection (9) of this section if funds are 23
appropriated and distributed by December 31, 2027, as required under 24
RCW 36.70A.070(10). 25
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p. 15 HB 2201