Shrubsteppe/land use

AN ACT Relating to land use development when vegetation 1
associated with shrubsteppe is present in the urban growth areas; 2
amending RCW 36.70A.110; 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 only 3.74 5
percent of Washington's total land area falls within urban growth 6
boundaries. The state's policy is for intense development to happen 7
on property within the urban growth boundaries. The growth management 8
act offers broad concepts to provide flexibility in local choices, 9
not requirements for every property. Urban development can be 10
skyscrapers with parking garages, sidewalks, and every square inch of 11
the land fully developed. The ability to develop such density and 12
fully use property within urban growth boundaries is necessary 13
statewide when there are such small amounts of land available for 14
intense development.15
The legislature is serious about facilitating the creation of 16
affordable housing in urban growth areas along with other development 17
opportunities needed to support the people living in those areas. 18
Land within urban growth areas is not suited for wildlife or 19
conservation areas due to the people, buildings, roadways, and 20
lights. 21
H-2579.2
HOUSE BILL 2316
State of Washington 69th Legislature 2026 Regular Session
By Representatives Connors, Klicker, Ybarra, Barkis, Dufault, Dent,
Graham, and Barnard
Prefiled 01/07/26. Read first time 01/12/26. Referred to Committee
on Local Government.
p. 1 HB 2316
Shrubsteppe is typically considered an ecosystem in undeveloped 1
areas where wildlife is present. The presence of plants or shrubs 2
that can be found in the shrubsteppe on property does not make that 3
property a functional ecosystem. 4
Shrubsteppe is a conduit for wildfire. Wildfire in urban areas 5
endangers lives and property. Building codes meant to reduce the 6
threat of wildfire recommend creating a defensible space to prevent 7
wildfire from spreading from forest lands to buildings in urban 8
areas, and thus removal of such fire fuel is desirable in urban 9
growth areas. 10
The legislature finds that the loss of plants and bushes 11
associated with shrubsteppe in urban growth areas has a negligible 12
impact on the environment and natural ecosystems. The ability to 13
develop land within the urban growth boundary to the fullest 14
potential helps reduce pressures to develop land outside of the urban 15
growth boundary. Government regulations that require property owners 16
to take additional steps add costs and delays that this act intends 17
to prevent. This policy will assist the state in achieving the 18
governor's housing goal of producing more than one million homes 19
statewide by 2044. Therefore, it is the intent of the legislature 20
that the existence of shrubsteppe within urban growth areas does not 21
prevent needed housing and other development. This act gives clear 22
direction to help improve development outcomes consistent with the 23
intent of the growth management act. 24
Sec. 2. RCW 36.70A.110 and 2025 c 258 s 2 are each amended to 25
read as follows: 26
(1) Each county that is required or chooses to plan under RCW 27
36.70A.040 shall designate an urban growth area or areas within which 28
urban growth shall be encouraged and outside of which growth can 29
occur only if it is not urban in nature. Each city that is located in 30
such a county shall be included within an urban growth area. An urban 31
growth area may include more than a single city. An urban growth area 32
may include territory that is located outside of a city only if such 33
territory already is characterized by urban growth whether or not the 34
urban growth area includes a city, or is adjacent to territory 35
already characterized by urban growth, or is a designated new fully 36
contained community as defined by RCW 36.70A.350. When a federally 37
recognized Indian tribe whose reservation or ceded lands lie within 38
the county or city has voluntarily chosen to participate in the 39
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planning process pursuant to RCW 36.70A.040, the county or city and 1
the tribe shall coordinate their planning efforts for any areas 2
planned for urban growth consistent with the terms outlined in the 3
memorandum of agreement provided for in RCW 36.70A.040(8).4
(2) Based upon the growth management population projection made 5
for the county by the office of financial management, the county and 6
each city within the county shall include areas and densities 7
sufficient to permit the urban growth that is projected to occur in 8
the county or city for the succeeding twenty-year period, except for 9
those urban growth areas contained totally within a national 10
historical reserve. As part of this planning process, each city 11
within the county must include areas sufficient to accommodate the 12
broad range of needs and uses that will accompany the projected urban 13
growth including, as appropriate, medical, governmental, 14
institutional, commercial, service, retail, and other nonresidential 15
uses. 16
Each urban growth area shall permit urban densities and shall 17
include greenbelt and open space areas. In the case of urban growth 18
areas contained totally within a national historical reserve, the 19
city may restrict densities, intensities, and forms of urban growth 20
as determined to be necessary and appropriate to protect the 21
physical, cultural, or historic integrity of the reserve. An urban 22
growth area determination may include a reasonable land market supply 23
factor and shall permit a range of urban densities and uses. In 24
determining this market factor, cities and counties may consider 25
local circumstances. Cities and counties have discretion in their 26
comprehensive plans to make many choices about accommodating growth.27
Within one year of July 1, 1990, each county that as of June 1, 28
1991, was required or chose to plan under RCW 36.70A.040, shall begin 29
consulting with each city located within its boundaries and each city 30
shall propose the location of an urban growth area. Within sixty days 31
of the date the county legislative authority of a county adopts its 32
resolution of intention or of certification by the office of 33
financial management, all other counties that are required or choose 34
to plan under RCW 36.70A.040 shall begin this consultation with each 35
city located within its boundaries. The county shall attempt to reach 36
agreement with each city on the location of an urban growth area 37
within which the city is located. If such an agreement is not reached 38
with each city located within the urban growth area, the county shall 39
justify in writing why it so designated the area an urban growth 40
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area. A city may object formally with the department over the 1
designation of the urban growth area within which it is located. 2
Where appropriate, the department shall attempt to resolve the 3
conflicts, including the use of mediation services.4
(3) Urban growth should be located first in areas already 5
characterized by urban growth that have adequate existing public 6
facility and service capacities to serve such development, second in 7
areas already characterized by urban growth that will be served 8
adequately by a combination of both existing public facilities and 9
services and any additional needed public facilities and services 10
that are provided by either public or private sources, and third in 11
the remaining portions of the urban growth areas. Urban growth may 12
also be located in designated new fully contained communities as 13
defined by RCW 36.70A.350. 14
(4) In general, cities are the units of local government most 15
appropriate to provide urban governmental services. In general, it is 16
not appropriate that urban governmental services be extended to or 17
expanded in rural areas except in those limited circumstances shown 18
to be necessary to protect basic public health and safety and the 19
environment and when such services are financially supportable at 20
rural densities and do not permit urban development and as authorized 21
in RCW 36.70A.830. 22
(5) On or before October 1, 1993, each county that was initially 23
required to plan under RCW 36.70A.040(1) shall adopt development 24
regulations designating interim urban growth areas under this 25
chapter. Within three years and three months of the date the county 26
legislative authority of a county adopts its resolution of intention 27
or of certification by the office of financial management, all other 28
counties that are required or choose to plan under RCW 36.70A.040 29
shall adopt development regulations designating interim urban growth 30
areas under this chapter. Adoption of the interim urban growth areas 31
may only occur after public notice; public hearing; and compliance 32
with the state environmental policy act, chapter 43.21C RCW, and 33
under this section. Such action may be appealed to the growth 34
management hearings board under RCW 36.70A.280. Final urban growth 35
areas shall be adopted at the time of comprehensive plan adoption 36
under this chapter. 37
(6) Each county shall include designations of urban growth areas 38
in its comprehensive plan. 39
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(7) An urban growth area designated in accordance with this 1
section may include within its boundaries urban service areas or 2
potential annexation areas designated for specific cities or towns 3
within the county. 4
(8) If, during the county's annual review under RCW 5
36.70A.130(2)(a), the county determines revision of the urban growth 6
area is not required to accommodate the population projection for the 7
county made by the office of financial management for the succeeding 8
20-year period, but does determine that patterns of development have 9
created pressure for development in areas exceeding the amount of 10
available developable lands within the urban growth area, then the 11
county may revise the urban growth area or areas based on identified 12
patterns of development and likely future development pressure if the 13
following requirements are met: 14
(a) The revised urban growth area would not result in a net 15
increase in the total acreage or development capacity of the urban 16
growth area or areas; 17
(b) The areas added to the urban growth area are not designated 18
by the county as agricultural, forest, or mineral resource lands of 19
long-term commercial significance; 20
(c) If the areas added to the urban growth area have previously 21
been designated as agricultural, forest, or mineral resource lands of 22
long-term commercial significance, either an equivalent amount of 23
agricultural, forest, or mineral resource lands of long-term 24
commercial significance must be added to the area outside of the 25
urban growth area, or the county must wait a minimum of two years 26
before another swap may occur; 27
(d) Less than 15 percent of the areas added to the urban growth 28
area are critical areas other than critical aquifer recharge areas. 29
Critical aquifer recharge areas must have been previously designated 30
by the county and be maintained per county development regulations 31
within the expanded urban growth area and the revised urban growth 32
area must not result in a net increase in critical aquifer recharge 33
areas within the urban growth area; 34
(e) The areas added to the urban growth areas are suitable for 35
urban growth; 36
(f) The transportation element and capital facility plan element 37
of the county's comprehensive plan have identified the transportation 38
facilities and public facilities and services needed to serve the 39
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urban growth area and the funding to provide the transportation 1
facilities and public facilities and services; 2
(g) The areas removed from the urban growth area are not 3
characterized by urban growth or urban densities; 4
(h) The revised urban growth area is contiguous, does not include 5
holes or gaps, and will not increase pressures to urbanize rural or 6
natural resource lands; 7
(i) The county's proposed urban growth area revision has been 8
reviewed according to the process and procedure in the countywide 9
planning policies adopted and approved according to RCW 36.70A.210; 10
and 11
(j) The revised urban growth area meets all other requirements of 12
this section. 13
(9)(a) At the earliest possible date prior to the revision of the 14
county's urban growth area authorized under subsection (8) of this 15
section, the county must engage in meaningful consultation with any 16
federally recognized Indian tribe that may be potentially affected by 17
the proposed revision. Meaningful consultation must include 18
discussion of the potential impacts to cultural resources and tribal 19
treaty rights. 20
(b) A county must notify the affected federally recognized Indian 21
tribe of the proposed revision using at least two methods, including 22
by mail. Upon receiving a notice, the federally recognized Indian 23
tribe may request a consultation to determine whether an agreement 24
can be reached related to the revision of the county's urban growth 25
area. If an agreement is not reached, the parties must enter 26
mediation pursuant to RCW 36.70A.040. 27
(10)(a) Except as provided in (b) of this subsection, the 28
expansion of an urban growth area is prohibited into the one hundred 29
year floodplain of any river or river segment that: (i) Is located 30
west of the crest of the Cascade mountains; and (ii) has a mean 31
annual flow of one thousand or more cubic feet per second as 32
determined by the department of ecology. 33
(b) Subsection (10)(a) of this section does not apply to:34
(i) Urban growth areas that are fully contained within a 35
floodplain and lack adjacent buildable areas outside the floodplain;36
(ii) Urban growth areas where expansions are precluded outside 37
floodplains because: 38
(A) Urban governmental services cannot be physically provided to 39
serve areas outside the floodplain; or 40
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(B) Expansions outside the floodplain would require a river or 1
estuary crossing to access the expansion; or 2
(iii) Urban growth area expansions where: 3
(A) Public facilities already exist within the floodplain and the 4
expansion of an existing public facility is only possible on the land 5
to be included in the urban growth area and located within the 6
floodplain; or 7
(B) Urban development already exists within a floodplain as of 8
July 26, 2009, and is adjacent to, but outside of, the urban growth 9
area, and the expansion of the urban growth area is necessary to 10
include such urban development within the urban growth area; or11
(C) The land is owned by a jurisdiction planning under this 12
chapter or the rights to the development of the land have been 13
permanently extinguished, and the following criteria are met:14
(I) The permissible use of the land is limited to one of the 15
following: Outdoor recreation; environmentally beneficial projects, 16
including but not limited to habitat enhancement or environmental 17
restoration; stormwater facilities; flood control facilities; or 18
underground conveyances; and 19
(II) The development and use of such facilities or projects will 20
not decrease flood storage, increase stormwater runoff, discharge 21
pollutants to fresh or salt waters during normal operations or 22
floods, or increase hazards to people and property.23
(c) For the purposes of this subsection (10), "one hundred year 24
floodplain" means the same as "special flood hazard area" as set 25
forth in WAC 173-158-040 as it exists on July 26, 2009.26
(11) If a county, city, or utility has adopted a capital facility 27
plan or utilities element to provide sewer service within the urban 28
growth areas during the twenty-year planning period, nothing in this 29
chapter obligates counties, cities, or utilities to install sanitary 30
sewer systems to properties within urban growth areas designated 31
under subsection (2) of this section by the end of the twenty-year 32
planning period when those properties: 33
(a)(i) Have existing, functioning, nonpolluting on-site sewage 34
systems; 35
(ii) Have a periodic inspection program by a public agency to 36
verify the on-site sewage systems function properly and do not 37
pollute surface or groundwater; and 38
(iii) Have no redevelopment capacity; or 39
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(b) Do not require sewer service because development densities 1
are limited due to wetlands, floodplains, fish and wildlife habitats, 2
or geological hazards. 3
(12) Property within the urban growth area boundaries with bushes 4
and plants associated with shrubsteppe may not be considered wildlife 5
habitat, wildlife corridors, critical areas, vital habitat for safe 6
passage or species migration, conservation areas, or subject to 7
environmental protection that restricts the ability to develop the 8
property. Development regulations, state agency rules, guidance, 9
permits, and policies may not require replacement of shrubs and 10
plants, impose penalties, or require environmental enhancements if 11
shrubs and plants associated with shrubsteppe are damaged or removed 12
from property within urban growth area boundaries. State and local 13
government agencies may not require mitigation, protection, or 14
restoration of shrubsteppe within an urban growth area. The bushes 15
and plants associated with shrubsteppe include, but are not limited 16
to, Wyoming big sagebrush, antelope bitterbrush, three-tip sagebrush, 17
stiff sagebrush, Idaho fescue, bluebunch wheatgrass, Sandberg 18
bluegrass, Thurber's needlegrass, needle-and-thread, balsamroot, 19
buckwheat, lupines, and algae, moss, or lichens which are part of the 20
cryptobiotic crust. Invasive species such as cheat grass, mustards, 21
crested wheat grass, Russian thistle, and tumbleweeds that often mix 22
with shrubsteppe are included for the purposes of this subsection.23
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