Working economic properties

AN ACT Relating to working economic properties; adding new 1
sections to chapter 35.21 RCW; adding a new section to chapter 7.48 2
RCW; and creating new sections. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
NEW SECTION. Sec. 1. The purpose of this act is to encourage 5
the preservation of working economic property, promote a good 6
neighbor policy between working economic and nonworking economic 7
property owners by requiring notice to purchasers and users of 8
property adjacent to or near working economic property of the 9
inherent potential nuisances associated with such purchase or use, 10
including the noises, odors, dust, chemicals, smoke, lighting, and 11
hours of operations that may accompany working economic operations. 12
Through mandatory disclosures purchasers and users will better 13
understand the consequences of living near working economic 14
operations and be prepared to accept attendant conditions as the 15
natural result of living in or near working economic areas.16
NEW SECTION. Sec. 2. A new section is added to chapter 35.21 17
RCW to read as follows: 18
(1) "Development permits" means the permit required prior to 19
commencement of work on any land use development. 20
H-3147.2
HOUSE BILL 2679
State of Washington 69th Legislature 2026 Regular Session
By Representatives Rule and Parshley
Read first time 01/27/26. Referred to Committee on Local Government.
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(2) "Good management practices" means current, economically 1
feasible management practices. 2
(3) "Industrial and maritime products or services" means land, 3
shore, and sea-based cargoes, products, and services, including:4
(a) Breakbulk raw materials; 5
(b) Wood and lumber products; 6
(c) Metal and steel products; 7
(d) Gases, fuels, and chemical products; 8
(e) Containerized cargoes of finished and unfinished goods;9
(f) Machinery, equipment, vehicles, and other vessels;10
(g) Operations such as painting, repairing, electrical work, 11
welding, fabricating, and finishing; and 12
(h) Any other service or operation required for a seagoing vessel 13
or fleet of transportation vehicles such as fueling, bunkering, 14
wastewater pumpout and management, and cleaning. 15
(4) "Working economic area" means the land, shoreside, water, 16
buildings and machinery, vessels, and vehicles used in the industrial 17
operations inherent in industrial zoning, maritime trades businesses, 18
maritime operations, and commercial industrial operations.19
(5) "Working economic operation" means a condition or activity 20
which occurs within an industrially zoned or maritime trades 21
designated area in connection with the commercial production, 22
transportation and storage of land-based and sea-based products and 23
services, and includes: 24
(a) Movement and storage of cargoes; 25
(b) Preparation for transport and delivery, delivery to storage 26
or to market, or to carriers for transportation to market;27
(c) Transportation of equipment; 28
(d) Storage and application of breakbulk and containerized cargo 29
material; 30
(e) Noise, dust, fumes, odors, and lights; 31
(f) Operation of machinery and fans or pumps; 32
(g) Application of chemical catalysts and manufacturing 33
processes; and 34
(h) The employment and use of labor. 35
NEW SECTION. Sec. 3. A new section is added to chapter 35.21 36
RCW to read as follows: 37
(1) Cities shall create a notice of disclosure for development 38
permits issued for: 39
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(a) Land within one-half mile of an area designated as working 1
economic property, industrial zoning, or relating to maritime trades 2
according to the city's comprehensive plan; and 3
(b) Land within one-half mile of land upon which working economic 4
conditions or farm operations are being conducted. 5
(2) These development permits must include a condition requiring 6
the owners of the property to sign a statement of acknowledgment 7
containing disclosure forms provided by the city. 8
(3) The notice of disclosure must include the following 9
information: 10
(a) That the subject property is within or near designated 11
working economic property, industrial zoning, or maritime trades on 12
which a variety of commercial activities that may occur that are not 13
compatible with residential development for certain periods of 14
limited duration; 15
(b) That the subject property may be subject to inconveniences or 16
discomforts arising from the operations described in (a) of this 17
subsection (3), including noise, odors, fumes, dust, smoke, lights, 18
the operation of machinery of any kind during any 24-hour period, 19
including aircraft and seagoing vessels, and the storage and 20
application of industrial materials; and 21
(c) That the city has determined the use of real property for 22
economic operations is a high priority and favored use and will not 23
be considered a nuisance for the inconveniences or discomforts 24
arising from working economic operations, if such operations are 25
consistent with commonly accepted good management practices and 26
otherwise comply with local, state, and federal laws.27
(4)(a) Development permits issued pursuant to subsection (1) of 28
this section must also include an agreement that the developer and 29
any subsequent purchasers or successors in interest shall agree to 30
refrain from any legal action to restrain or collect damages from the 31
owners of the adjacent working economic property, industrially zoned 32
property, or maritime trade designated land arising out of any 33
reasonable and lawful activity on that property in the normal course 34
of its established use. 35
(b) The agreement in (a) of this subsection (4) must appear as a 36
covenant or deed restriction upon the subject property, or the plat 37
and each lot of the subject property, and will run with the land. The 38
covenant or deed restriction may be removed by submission to and 39
approval by the city legislative authority through a petition 40
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representing a majority of the land owned by property owners within 1
one-half mile of the subject property or plat boundary. The city may 2
only remove the restriction upon a finding that the risk of liability 3
to the city will not be increased. 4
(5) The statement of acknowledgment signed pursuant to subsection 5
(2) of this section must be recorded in the county auditor's office.6
NEW SECTION. Sec. 4. A new section is added to chapter 7.48 RCW 7
to read as follows: 8
Any land, shore, or sea-based industrial operation, facility, or 9
its appurtenances, regardless of past or future changes in the 10
surrounding area's land use or zoning designation, that is conducted 11
or maintained for commercial purposes in a manner consistent with 12
zoning regulations and current good management practices, and which 13
does not supersede local, state, or federal regulations, may not be 14
determined to be a nuisance. 15
NEW SECTION. Sec. 5. This act may be known and cited as the 16
coastal communities transparency act.17
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