Urban forest management

AN ACT Relating to urban forest management ordinances; amending 1
RCW 70A.45.120 and 36.70A.190; adding a new section to chapter 43.31 2
RCW; and creating a new section. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
NEW SECTION. Sec. 1. The legislature finds that tree canopy and 5
green space are necessary for the health and wellness of 6
Washingtonians, and that the presence of sufficient tree canopy 7
provides numerous benefits, including mitigating the urban heat 8
island effect, improving air and water quality, and assisting in 9
stormwater management. The legislature finds that it is important to 10
retain these functions in our communities. To improve the quality of 11
tree canopy and green space in the state, the legislature previously 12
adopted chapter 76.15 RCW to encourage planning for, planting, 13
maintaining, and managing trees in the state's cities, counties, and 14
tribal lands.15
It is the intent of the legislature to expand on these efforts 16
and to provide a framework for local governments to regulate and 17
protect local tree canopy while, at the same time, allowing for 18
sufficient development opportunities to satisfy housing needs. The 19
legislature intends to encourage and assist local governments in the 20
development and use of regulations to avoid and minimize impacts to 21
H-2687.2
HOUSE BILL 2267
State of Washington 69th Legislature 2026 Regular Session
By Representatives Duerr, Berry, Ramel, Parshley, and Zahn
Prefiled 01/06/26. Read first time 01/12/26. Referred to Committee
on Local Government.
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tree canopy, and to provide adequate remediation measures if impacts 1
are unavoidable. 2
It is the intent of the legislature that the department of 3
commerce produce model regulations incorporating urban forestry 4
protections and development incentives for the protection of tree 5
canopy to assist local governments. It is also the intent of the 6
legislature that these model regulations be voluntary and that local 7
governments retain discretion in choosing whether to adopt the 8
regulations. 9
NEW SECTION. Sec. 2. A new section is added to chapter 43.31 10
RCW to read as follows: 11
(1)(a) The department of commerce, in consultation with other 12
state agencies as necessary, shall produce a model urban forestry 13
ordinance for use by local governments and provide guidance on 14
addressing matters related to urban forestry. Additionally, the 15
department of commerce shall provide technical assistance and 16
planning support to local jurisdictions that decide to utilize the 17
model ordinance. 18
(b) The options provided for in the model ordinance must, when 19
applicable, first prioritize avoiding tree removal and tree canopy 20
reduction, then minimizing impacts of tree removal, then mitigating 21
any tree removal that has occurred. The model ordinance must include 22
sections that: 23
(i) Provide options that can be used by local governments to 24
incentivize developers to retain trees, but not limited to, 25
incentives related to: 26
(A) Increasing the allowed building density or height;27
(B) Reducing minimum required lot sizes; 28
(C) Reducing or eliminating landscaping requirements;29
(D) Reducing or eliminating required off-street parking 30
requirements; and 31
(E) Reducing open space or setback requirements other than those 32
necessary for shoreline management areas and critical areas;33
(ii) Provide regulatory options for avoiding or minimizing tree 34
removal, harm to trees that are retained during and postdevelopment, 35
or reduction in overall tree canopy; 36
(iii) Provide options and templates for incorporating the 37
guidance provided under (c) of this subsection into local government 38
ordinances; and 39
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(iv) Provide options local governments can use to mitigate, both 1
onsite and offsite of a development, the consequences of tree removal 2
due to the development including, but not limited to, local 3
replanting, the use of tree banks, and fee-in-lieu programs. The 4
options provided for tree banks must: 5
(A) Establish criteria for designating areas for tree banks, 6
including that tree banks must be located within the same specified 7
geographic boundary that is impacted by the removal of the tree or 8
trees. The criteria should prioritize, when possible, the designation 9
of areas for tree banks that will provide increased tree canopy in 10
areas suffering from adverse environmental factors including, but not 11
limited to, erosion, flooding, air or water pollution, environmental 12
health disparities, low tree canopy, or the urban heat island effect;13
(B) Using best available science, determine, at a minimum:14
(I) The appropriate ratios of trees that must be planted within a 15
tree bank to mitigate for trees removed elsewhere within a community; 16
and 17
(II) The native or regionally climate-adapted species of trees to 18
be used within the tree bank in the different ecological regions in 19
the state. 20
(c) The guidance provided by the department of commerce must 21
include: 22
(i) Criteria for using best available science and community tree 23
canopy goals to determine trees or groups of trees that, due to their 24
size, location, or environmental impact should be retained during 25
development; 26
(ii) Criteria for tree selection and siting for use by local 27
jurisdictions in identifying native or regionally climate-adapted 28
tree species for installation on private lots, in parks, open spaces, 29
and within infrastructure such as public streets; 30
(iii) Best practices for establishing, maintaining, growing, 31
nurturing, monitoring, replacing as necessary, and securing long-term 32
protections for trees within a local government's jurisdiction, 33
including by: 34
(A) Providing estimates of the cost to establish, maintain, and 35
nurture newly planted trees to ensure their survival;36
(B) Providing alternative options for covering those costs, 37
including through the imposition of an appropriate fee or bond 38
related to tree removal or canopy loss during development, to ensure 39
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that funds will be available to cover the costs of maintaining and 1
nurturing the newly planted trees; 2
(C) Providing an estimate of the costs of, and best practices 3
for, long-term maintenance and protection of established trees;4
(D) Providing guidance on how to ensure conservation and 5
protection of tree banks in perpetuity, such as through the use of 6
land acquisition, conservation easements, or other binding legal 7
conservation agreements; and 8
(E) Providing guidance on a system for tracking the use of tree 9
banks, so as to ensure individual planted trees are not counted 10
towards mitigation for multiple removed trees or multiple development 11
sites, and to ensure accountability for the conservation and 12
protection of the tree bank; 13
(iv) Best practices for implementing a program for the planting 14
of and care for trees, including through partnering with arboreal, 15
conservation, or stewardship organizations; 16
(v) Guidance on internal resource needs of the local government 17
for planting and caring for trees within the local government's 18
jurisdiction; 19
(vi) Guidance on estimating the fiscal benefits of tree canopy 20
retention within a jurisdiction including, but not limited to, 21
benefits from stormwater mitigation, improving air quality, energy 22
conservation, reducing the urban heat island effect, and improving 23
quality of life due to the health cobenefits; and 24
(vii) Guidance using the best available science on how 25
jurisdictions can determine minimum tree canopy coverage goals, 26
taking into account local geographic and climate differences.27
(d) The department of commerce must ensure that the model 28
ordinance and guidance are consistent with municipal stormwater 29
permit requirements. 30
(2)(a) Subject to the availability of amounts appropriated for 31
this specific purpose, the department of commerce shall develop and 32
administer a grant program to provide grants to cities and counties 33
that adopt the model urban forestry ordinance produced by the 34
department of commerce, for the purpose of adopting and implementing 35
the elements of the ordinance. 36
(b) In order to be eligible for a grant, a county or city must 37
have substantially adopted the model urban forestry ordinance, 38
including utilization of the templates provided, implementation of 39
regulatory options related to avoiding and minimizing impacts to 40
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mature trees and overall tree canopy, and implementation of options 1
related to adopting mitigation measures, such as tree banks, when 2
avoidance or minimization is infeasible. Additionally, a city or 3
county with a population of more than 75,000 must adopt at least one 4
of the model incentives for the retention of trees deemed by a 5
jurisdiction to be significant, landmark, or otherwise of special 6
import as provided for in the model ordinance in order to qualify for 7
a grant under this section. The department of commerce may also award 8
grants to a county or city that has adopted, prior to the effective 9
date of this section, ordinances for urban forestry that the 10
department of commerce determines, in its discretion, are 11
substantially similar to the model ordinances produced by the 12
department of commerce, for the purpose of implementing the county's 13
or city's ordinances. 14
(3) The department of commerce must produce the initial model 15
ordinance and guidance by July 1, 2028. Thereafter, the department of 16
commerce shall review and revise the model ordinance and guidance as 17
necessary to ensure that the model ordinance and guidance represent 18
effective and actionable means of protecting trees and preserving 19
tree canopy while enabling needed urban development. The department 20
of commerce shall conduct a review at least every 10 years.21
(4) For the purposes of this section: 22
(a) "Tree bank" means an area or areas designated by a community 23
wherein trees can be planted to compensate for the removal of trees 24
elsewhere, in order to maintain overall tree canopy and create more 25
ecologically sound systems. Tree banks may include public rights-of-26
way, public lands, and private property with the agreement of the 27
landowners and a recorded covenant protecting the trees. Tree banks 28
are intended to grow new trees or expand tree canopy where it does 29
not currently exist. Existing trees within the area of a tree bank 30
may not be included when determining whether the addition of trees to 31
the tree bank has fully mitigated the removal of trees elsewhere. 32
Tree banks may also include programs providing for the payment of a 33
fee in lieu of physically planting the trees, to be used by the 34
jurisdiction to plant trees in appropriate areas as determined by the 35
criteria provided in accordance with subsection (1)(c)(i) of this 36
section. 37
(b) "Urban heat island" means an urban area which, due to the 38
built environment and the lack of trees and other vegetation, 39
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experiences significantly high temperatures, particularly during the 1
summer. 2
Sec. 3. RCW 70A.45.120 and 2023 c 228 s 5 are each amended to 3
read as follows: 4
(1) The department of commerce, in consultation with the 5
department of ecology, the department of health, and the department 6
of transportation, shall publish guidelines that specify a set of 7
measures counties and cities may implement via updates to their 8
comprehensive plans and development regulations that have a 9
demonstrated ability to increase housing capacity within urban growth 10
areas or reduce greenhouse gas emissions, allowing for consideration 11
of the emissions reductions achieved through the adoption of 12
statewide programs. The guidelines must prioritize measures that 13
benefit overburdened communities, including communities that have 14
experienced disproportionate harm due to air pollution and may draw 15
upon the most recent health disparities data from the department of 16
health to identify high pollution areas and disproportionately 17
burdened communities. These guidelines must be developed consistent 18
with an environmental justice assessment pursuant to RCW 70A.02.060 19
and the guidelines must include environmental justice assessment 20
processes. The guidelines must be based on: 21
(a) The most recent greenhouse gas emissions report prepared by 22
the department of ecology and the department of commerce pursuant to 23
RCW 70A.45.020(2); 24
(b) The most recent city and county population estimates prepared 25
by the office of financial management pursuant to RCW 43.62.035;26
(c) The locations of major employment centers and transit 27
corridors, for the purpose of increasing housing supply in these 28
areas; and 29
(d) Available environmental justice data and data regarding 30
access to public transportation for people with disabilities and for 31
vulnerable populations. 32
(2)(a) The department of commerce, in consultation with the 33
department of transportation, shall publish guidelines that specify a 34
set of measures counties and cities may have available to them to 35
take through updates to their comprehensive plans and development 36
regulations that have a demonstrated ability to reduce per capita 37
vehicle miles traveled, including measures that are designed to be 38
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achievable throughout the state, including in small cities and rural 1
cities. 2
(b) The guidelines must be based on: 3
(i) The most recent greenhouse gas emissions report prepared by 4
the department of ecology and the department of commerce pursuant to 5
RCW 70A.45.020(2); 6
(ii) The most recent city and county population estimates 7
prepared by the office of financial management pursuant to RCW 8
43.62.035; and 9
(iii) The most recent summary of per capita vehicle miles 10
traveled as compiled by the department of transportation.11
(3) The department of commerce shall first publish the full set 12
of guidelines described in subsections (1) and (2) of this section no 13
later than December 31, 2025. The department of commerce shall update 14
these guidelines at least every five years thereafter based on the 15
most recently available data, and shall provide for a process for 16
local governments and other parties to submit alternative actions for 17
consideration for inclusion into the guidelines at least once per 18
year. The department of commerce shall publish an intermediate set of 19
guidelines no later than December 31, 2023, in order to be available 20
for use by jurisdictions whose periodic updates are required by RCW 21
36.70A.130(5) to occur prior to December 31, 2025. Jurisdictions 22
whose periodic updates are required by RCW 36.70A.130(5)(b) may 23
utilize the intermediate set of guidelines published by the 24
department of commerce to meet the requirements of RCW 36.70A.070(9).25
(4)(a) In any updates to the guidelines published after 2025, the 26
department of commerce shall include an evaluation of the impact that 27
locally adopted climate change and resiliency elements have had on 28
local greenhouse gas emissions and per capita vehicle miles traveled 29
reduction goals. The evaluation must also address the impact that 30
locally adopted greenhouse gas emissions reduction subelements have 31
had on meeting local housing goals and targets. 32
(b) The updates must also include an estimate of the impacts that 33
locally adopted climate change and resiliency elements will have on 34
achieving local greenhouse gas emissions and per capita vehicle miles 35
traveled reduction goals. The evaluation must also include an 36
estimate of the impact that locally adopted greenhouse gas emissions 37
reduction subelements will have on meeting local housing goals and 38
targets. 39
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(c) The updates must also include a model urban forestry 1
ordinance and associated guidance as developed by the department of 2
commerce under section 2 of this act as a measure for addressing 3
greenhouse gas emissions.4
(d) The department may include in the specified guidelines what 5
additional measures cities and counties should take to make 6
additional progress on local reduction goals, including any measures 7
that increase housing capacity within urban growth areas.8
(5) The department of commerce may not propose or adopt any 9
guidelines that would include any form of a road usage charge or any 10
fees or surcharges related to vehicle miles traveled.11
(6) The department of commerce may not propose or adopt any 12
guidelines that would direct or require local governments to regulate 13
or tax, in any form, transportation service providers, delivery 14
vehicles, or passenger vehicles. 15
(7) The department of commerce, in the course of implementing 16
this section, shall provide and prioritize options that support 17
increased housing supply and diversity of housing types that assist 18
counties and cities in meeting greenhouse gas emissions reduction, 19
housing supply, and other requirements established under this 20
chapter. 21
(8) The provisions of this section as applied to the department 22
of transportation are subject to the availability of amounts 23
appropriated for this specific purpose. 24
(9) For purposes of this section, "overburdened communities" and 25
"vulnerable populations" means the same as provided in RCW 26
36.70A.030. 27
Sec. 4. RCW 36.70A.190 and 2023 c 228 s 9 are each amended to 28
read as follows: 29
(1) The department shall establish a program of technical and 30
financial assistance and incentives to counties and cities to 31
encourage and facilitate the adoption and implementation of 32
comprehensive plans and development regulations throughout the state.33
(2) The department shall develop a priority list and establish 34
funding levels for planning and technical assistance grants both for 35
counties and cities that plan under RCW 36.70A.040. Priority for 36
assistance shall be based on a county's or city's population growth 37
rates, commercial and industrial development rates, the existence and 38
quality of a comprehensive plan and development regulations, the 39
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presence of overburdened communities, and other relevant factors. The 1
department shall establish funding levels for grants to community-2
based organizations for the specific purpose of advancing 3
participation of vulnerable populations and overburdened communities 4
in the planning process. 5
(3) The department shall develop and administer a grant program 6
to provide direct financial assistance to counties and cities for the 7
preparation of comprehensive plans under this chapter. The department 8
may establish provisions for county and city matching funds to 9
conduct activities under this subsection. Grants may be expended for 10
any purpose directly related to the preparation of a county or city 11
comprehensive plan as the county or city and the department may 12
agree, including, without limitation, the conducting of surveys, 13
inventories and other data gathering and management activities, the 14
retention of planning consultants, contracts with regional councils 15
for planning and related services, and other related purposes.16
(4) The department shall establish a program of technical 17
assistance: 18
(a) Utilizing department staff, the staff of other state 19
agencies, and the technical resources of counties and cities to help 20
in the development of comprehensive plans required under this 21
chapter. The technical assistance may include, but not be limited to, 22
model land use ordinances, regional education and training programs, 23
and information for local and regional inventories; and24
(b) Adopting by rule procedural criteria to assist counties and 25
cities in adopting comprehensive plans and development regulations 26
that meet the goals and requirements of this chapter. These criteria 27
shall reflect regional and local variations and the diversity that 28
exists among different counties and cities that plan under this 29
chapter. 30
(5) The department shall provide mediation services to resolve 31
disputes between counties and cities regarding, among other things, 32
coordination of regional issues and designation of urban growth 33
areas. 34
(6) The department shall provide services to facilitate the 35
timely resolution of disputes between a federally recognized Indian 36
tribe and a city or county. 37
(a) A federally recognized Indian tribe may request the 38
department to provide facilitation services to resolve issues of 39
concern with a proposed comprehensive plan and its development 40
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regulations, or any amendment to the comprehensive plan and its 1
development regulations. 2
(b) Upon receipt of a request from a tribe, the department shall 3
notify the city or county of the request and offer to assist in 4
providing facilitation services to encourage resolution before 5
adoption of the proposed comprehensive plan. Upon receipt of the 6
notice from the department, the city or county must delay any final 7
action to adopt any comprehensive plan or any amendment or its 8
development regulations for at least 60 days. The tribe and the city 9
or county may jointly agree to extend this period by notifying the 10
department. A county or city must not be penalized for noncompliance 11
under this chapter due to any delays associated with this process.12
(c) Upon receipt of a request, the department shall provide 13
comments to the county or city including a summary and supporting 14
materials regarding the tribe's concerns. The county or city may 15
either agree to amend the comprehensive plan as requested consistent 16
with the comments from the department, or enter into a facilitated 17
process with the tribe, which must be arranged by the department 18
using a suitable expert to be paid by the department. This 19
facilitated process may also extend the 60-day delay of adoption, 20
upon agreement of the tribe and the city or county.21
(d) At the end of the 60-day period, unless by agreement there is 22
an extension of the 60-day period, the city or county may proceed 23
with adoption of the proposed comprehensive plan and development 24
regulations. The facilitator shall write a report of findings 25
describing the basis for agreements or disagreements that occurred 26
during the process that are allowed to be disclosed by the parties 27
and the resulting agreed-upon elements of the plan to be amended.28
(7) The department shall provide planning grants to enhance 29
citizen participation under RCW 36.70A.140. 30
(8) The department shall develop, in collaboration with the 31
department of ecology, the department of fish and wildlife, the 32
department of natural resources, the department of health, the 33
emergency management division of the military department, as well as 34
any federally recognized tribe who chooses to voluntarily 35
participate, and adopt by rule guidance that creates a model climate 36
change and resiliency element that may be used by counties, cities, 37
and multiple-county planning regions for developing and implementing 38
climate change and resiliency plans and policies required by RCW 39
36.70A.070(9), subject to the following provisions:40
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(a) The model element must establish minimum requirements, and 1
may include model options or voluntary cross-jurisdictional 2
strategies, or both, for fulfilling the requirements of RCW 3
36.70A.070(9); 4
(b) The model element should provide guidance on identifying, 5
designing, and investing in infrastructure that supports community 6
resilience to climate impacts, including the protection, restoration, 7
and enhancement of natural infrastructure as well as traditional 8
infrastructure and protecting and enhancing natural areas to foster 9
resiliency to climate impacts, including through measures such as the 10
adoption of a model urban forestry ordinance created pursuant to 11
section 2 of this act, as well as areas of vital habitat for safe 12
passage and species migration; 13
(c) The model element should provide guidance on identifying and 14
addressing natural hazards created or aggravated by climate change, 15
including sea level rise, landslides, flooding, drought, heat, smoke, 16
wildfires, and other effects of reasonably anticipated changes to 17
temperature and precipitation patterns; and 18
(d) The rule must recognize and promote as many cobenefits of 19
climate resilience as possible such as climate change mitigation, 20
salmon recovery, forest health, ecosystem services, and socioeconomic 21
health and resilience. 22
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