Land use development

AN ACT Relating to land use development; amending RCW 36.70A.020, 1
36.70A.070, 36.70A.340, 36.70B.020, 36.70B.030, 36.70B.070, 2
36.70B.080, and 36.70B.140; repealing RCW 36.70A.250, 36.70A.252, 3
36.70A.260, 36.70A.270, 36.70A.280, 36.70A.290, 36.70A.295, 4
36.70A.300, 36.70A.302, 36.70A.305, 36.70A.310, 36.70A.320, 5
36.70A.3201, 36.70A.330, 36.70A.332, and 36.70A.335; and creating a 6
new section. 7
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:8
NEW SECTION. Sec. 1. The legislature finds that Washington is 9
experiencing a structural housing affordability and attainability 10
crisis that has placed homeownership beyond the reach of many hard-11
working families. The Washington center for housing studies shows 12
that nearly four out of five Washington households cannot afford a 13
median-priced home. The impacts of this shortage fall most heavily on 14
rural and historically marginalized communities, where limited 15
housing options constrain economic opportunity, undermine housing 16
stability, and restrict long-term wealth-building.17
The legislature further finds that this crisis is not the result 18
of insufficient demand or a failure of the private market to produce 19
housing, but rather the predictable outcome of Washington's land use 20
and growth management framework as implemented over the past 35 21
H-3093.2
HOUSE BILL 2701
State of Washington 69th Legislature 2026 Regular Session
By Representatives Barkis, Engell, and Ley
Read first time 01/28/26. Referred to Committee on Local Government.
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years. The growth management act was intended to direct growth 1
through comprehensive planning, yet in practice its implementation 2
has shifted decision making away from adopted plans, toward localized 3
discretion and repeated project-level review. 4
The legislature finds that repeated attempts to operate within 5
and incrementally adjust this framework have not matched the scale or 6
urgency of the housing emergency. The legislature further finds that 7
continued reliance on this framework has increased land and 8
development costs through delay and uncertainty without producing 9
measurable public benefit. Therefore, it is the intent of the 10
legislature to modernize the state's housing policy framework to 11
ensure that housing consistent with adopted plans and environmental 12
standards can be delivered in a predictable, timely, and cost-13
effective manner. 14
Sec. 2. RCW 36.70A.020 and 2023 c 228 s 1 are each amended to 15
read as follows: 16
The following goals are adopted to guide the development and 17
adoption of comprehensive plans and development regulations of those 18
counties and cities that are required or choose to plan under RCW 19
36.70A.040 and, where specified, also guide the development of 20
regional policies, plans, and strategies adopted under RCW 36.70A.210 21
and chapter 47.80 RCW. The following goals are ((not)) listed in 22
order of priority and shall be used exclusively for the purpose of 23
guiding the development of comprehensive plans, development 24
regulations, and, where specified, regional plans, policies, and 25
strategies: 26
(1) Housing. Plan for and accommodate housing affordable to all 27
economic segments of the population of this state, promote a variety 28
of residential densities and housing types, and encourage 29
preservation of existing housing stock.30
(2) Property rights. Private property shall not be taken for 31
public use without just compensation having been made. The property 32
rights of landowners shall be protected from arbitrary and 33
discriminatory actions.34
(3) Permits. Applications for both state and local government 35
permits should be processed in a timely and fair manner to ensure 36
predictability.37
(4) Public facilities and services. Ensure that those public 38
facilities and services necessary to support development are adequate 39
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to serve the development at the time the development is available for 1
occupancy and use without decreasing current service levels below 2
locally established minimum standards. 3
(5) Urban growth. Encourage development in urban areas where 4
adequate public facilities and services exist or can be provided in 5
an efficient manner. 6
(((2))) (6) Reduce sprawl. Reduce the inappropriate conversion of 7
undeveloped land into sprawling, low-density development.8
(((3))) (7) Transportation. Encourage efficient multimodal 9
transportation systems that will reduce greenhouse gas emissions and 10
per capita vehicle miles traveled, and are based on regional 11
priorities and coordinated with county and city comprehensive plans.12
(((4) Housing. Plan for and accommodate housing affordable to all 13
economic segments of the population of this state, promote a variety 14
of residential densities and housing types, and encourage 15
preservation of existing housing stock.16
(5))) (8) Economic development. Encourage economic development 17
throughout the state that is consistent with adopted comprehensive 18
plans, promote economic opportunity for all citizens of this state, 19
especially for unemployed and for disadvantaged persons, promote the 20
retention and expansion of existing businesses and recruitment of new 21
businesses, recognize regional differences impacting economic 22
development opportunities, and encourage growth in areas experiencing 23
insufficient economic growth, all within the capacities of the 24
state's natural resources, public services, and public facilities.25
(((6) Property rights. Private property shall not be taken for 26
public use without just compensation having been made. The property 27
rights of landowners shall be protected from arbitrary and 28
discriminatory actions.29
(7) Permits. Applications for both state and local government 30
permits should be processed in a timely and fair manner to ensure 31
predictability.32
(8))) (9) Natural resource industries. Maintain and enhance 33
natural resource-based industries, including productive timber, 34
agricultural, and fisheries industries. Encourage the conservation of 35
productive forestlands and productive agricultural lands, and 36
discourage incompatible uses. 37
(((9))) (10) Open space and recreation. Retain open space and 38
green space, enhance recreational opportunities, enhance fish and 39
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wildlife habitat, increase access to natural resource lands and 1
water, and develop parks and recreation facilities.2
(((10))) (11) Environment. Protect and enhance the environment 3
and enhance the state's high quality of life, including air and water 4
quality, and the availability of water. 5
(((11))) (12) Citizen participation and coordination. Encourage 6
the involvement of citizens in the planning process, including the 7
participation of vulnerable populations and overburdened communities, 8
and ensure coordination between communities and jurisdictions to 9
reconcile conflicts. 10
(((12) Public facilities and services. Ensure that those public 11
facilities and services necessary to support development shall be 12
adequate to serve the development at the time the development is 13
available for occupancy and use without decreasing current service 14
levels below locally established minimum standards.))15
(13) Historic preservation. Identify and encourage the 16
preservation of lands, sites, and structures, that have historical or 17
archaeological significance. 18
(14) Climate change and resiliency. Ensure that comprehensive 19
plans, development regulations, and regional policies, plans, and 20
strategies under RCW 36.70A.210 and chapter 47.80 RCW adapt to and 21
mitigate the effects of a changing climate; support reductions in 22
greenhouse gas emissions and per capita vehicle miles traveled; 23
prepare for climate impact scenarios; foster resiliency to climate 24
impacts and natural hazards; protect and enhance environmental, 25
economic, and human health and safety; and advance environmental 26
justice. 27
(15) Shorelines of the state. For shorelines of the state, the 28
goals and policies of the shoreline management act as set forth in 29
RCW 90.58.020 shall be considered an element of the county's or 30
city's comprehensive plan. 31
Sec. 3. RCW 36.70A.070 and 2024 c 135 s 1 are each amended to 32
read as follows: 33
The comprehensive plan of a county or city that is required or 34
chooses to plan under RCW 36.70A.040 shall consist of a map or maps, 35
and descriptive text covering objectives, principles, and standards 36
used to develop the comprehensive plan. The plan shall be an 37
internally consistent document and all elements shall be consistent 38
with the future land use map. A comprehensive plan shall be adopted 39
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and amended with public participation as provided in RCW 36.70A.140. 1
Each comprehensive plan shall include a plan, scheme, or design for 2
each of the following: 3
(1) A land use element designating the proposed general 4
distribution and general location and extent of the uses of land, 5
where appropriate, for agriculture, timber production, housing, 6
commerce, industry, recreation, open spaces and green spaces, urban 7
and community forests within the urban growth area, general aviation 8
airports, public utilities, public facilities, and other land uses. 9
The land use element shall include population densities, building 10
intensities, and estimates of future population growth. The land use 11
element shall provide for protection of the quality and quantity of 12
groundwater used for public water supplies. The land use element must 13
give special consideration to achieving environmental justice in its 14
goals and policies, including efforts to avoid creating or worsening 15
environmental health disparities. Wherever possible, the land use 16
element should consider utilizing urban planning approaches that 17
promote physical activity and reduce per capita vehicle miles 18
traveled within the jurisdiction, but without increasing greenhouse 19
gas emissions elsewhere in the state. Where applicable, the land use 20
element shall review drainage, flooding, and stormwater runoff in the 21
area and nearby jurisdictions and provide guidance for corrective 22
actions to mitigate or cleanse those discharges that pollute waters 23
of the state, including Puget Sound or waters entering Puget Sound. 24
The land use element must reduce and mitigate the risk to lives and 25
property posed by wildfires by using land use planning tools, which 26
may include, but are not limited to, adoption of portions or all of 27
the wildland urban interface code developed by the international code 28
council or developing building and maintenance standards consistent 29
with the firewise USA program or similar program designed to reduce 30
wildfire risk, reducing wildfire risks to residential development in 31
high risk areas and the wildland urban interface area, separating 32
human development from wildfire prone landscapes, and protecting 33
existing residential development and infrastructure through community 34
wildfire preparedness and fire adaptation measures.35
(2) A housing element ensuring the ((vitality and character of 36
established residential neighborhoods that )) housing is available for 37
citizens of all income segments: 38
(a) Includes an inventory and analysis of existing and projected 39
housing needs that identifies the number of housing units necessary 40
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to manage projected growth, as provided by the department of 1
commerce, including: 2
(i) Units for moderate, low, very low, and extremely low-income 3
households; and 4
(ii) Emergency housing, emergency shelters, and permanent 5
supportive housing; 6
(b) Includes a statement of goals, policies, objectives, and 7
mandatory provisions for the preservation, improvement, and 8
development of housing, including single-family residences, and 9
within an urban growth area boundary, moderate density housing 10
options including, but not limited to, duplexes, triplexes, and 11
townhomes; 12
(c) Identifies sufficient capacity of land for housing including, 13
but not limited to, government-assisted housing, housing for 14
moderate, low, very low, and extremely low-income households, 15
manufactured housing, multifamily housing, group homes, foster care 16
facilities, emergency housing, emergency shelters, permanent 17
supportive housing, and within an urban growth area boundary, 18
consideration of duplexes, triplexes, and townhomes;19
(d) Makes adequate provisions for existing and projected needs of 20
all economic segments of the community, including:21
(i) Incorporating consideration for low, very low, extremely low, 22
and moderate-income households; 23
(ii) Documenting programs and actions needed to achieve housing 24
availability including gaps in local funding, barriers such as 25
development regulations, and other limitations; 26
(iii) Consideration of housing locations in relation to 27
employment location; and 28
(iv) Consideration of the role of accessory dwelling units in 29
meeting housing needs; 30
(e) Identifies local policies and regulations that result in 31
racially disparate impacts, displacement, and exclusion in housing, 32
including: 33
(i) Zoning that may have a discriminatory effect;34
(ii) Disinvestment; and 35
(iii) Infrastructure availability; 36
(f) Identifies and implements policies and regulations to address 37
and begin to undo racially disparate impacts, displacement, and 38
exclusion in housing caused by local policies, plans, and actions;39
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(g) Identifies areas that may be at higher risk of displacement 1
from market forces that occur with changes to zoning development 2
regulations and capital investments; and 3
(h) Establishes antidisplacement policies, with consideration 4
given to the preservation of historical and cultural communities as 5
well as investments in low, very low, extremely low, and moderate-6
income housing; equitable development initiatives; inclusionary 7
zoning; community planning requirements; tenant protections; land 8
disposition policies; and consideration of land that may be used for 9
affordable housing. 10
In counties and cities subject to the review and evaluation 11
requirements of RCW 36.70A.215, any revision to the housing element 12
shall include consideration of prior review and evaluation reports 13
and any reasonable measures identified. The housing element should 14
link jurisdictional goals with overall county goals to ensure that 15
the housing element goals are met. 16
The adoption of ordinances, development regulations and 17
amendments to such regulations, and other nonproject actions taken by 18
a city that is required or chooses to plan under RCW 36.70A.040 that 19
increase housing capacity, increase housing affordability, and 20
mitigate displacement as required under this subsection (2) and that 21
apply outside of critical areas are not subject to administrative or 22
judicial appeal under chapter 43.21C RCW unless the adoption of such 23
ordinances, development regulations and amendments to such 24
regulations, or other nonproject actions has a probable significant 25
adverse impact on fish habitat. 26
(3) A capital facilities plan element consisting of: (a) An 27
inventory of existing capital facilities owned by public entities, 28
including green infrastructure, showing the locations and capacities 29
of the capital facilities; (b) a forecast of the future needs for 30
such capital facilities; (c) the proposed locations and capacities of 31
expanded or new capital facilities; (d) at least a six-year plan that 32
will finance such capital facilities within projected funding 33
capacities and clearly identifies sources of public money for such 34
purposes; and (e) a requirement to reassess the land use element if 35
probable funding falls short of meeting existing needs and to ensure 36
that the land use element, capital facilities plan element, and 37
financing plan within the capital facilities plan element are 38
coordinated and consistent. Park and recreation facilities shall be 39
included in the capital facilities plan element. 40
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The county or city shall identify all public entities that own 1
capital facilities and endeavor in good faith to work with other 2
public entities, such as special purpose districts, to gather and 3
include within its capital facilities element the information 4
required by this subsection. If, after a good faith effort, the 5
county or city is unable to gather the information required by this 6
subsection from the other public entities, the failure to include 7
such information in its capital facilities element cannot be grounds 8
for a finding of noncompliance or invalidity under chapter 228, Laws 9
of 2023. A good faith effort must, at a minimum, include consulting 10
the public entity's capital facility or system plans and emailing and 11
calling the staff of the public entity. 12
(4)(a) A utilities element consisting of the general location, 13
proposed location, and capacity of all existing and proposed 14
utilities including, but not limited to, electrical, 15
telecommunications, and natural gas systems. 16
(b) The county or city shall identify all public entities that 17
own utility systems and endeavor in good faith to work with other 18
public entities, such as special purpose districts, to gather and 19
include within its utilities element the information required in (a) 20
of this subsection. However, if, after a good faith effort, the 21
county or city is unable to gather the information required in (a) of 22
this subsection from the other public entities, the failure to 23
include such information in the utilities element shall not be 24
grounds for a finding of noncompliance or invalidity under chapter 25
228, Laws of 2023. A good faith effort must, at a minimum, include 26
consulting the public entity's capital facility or system plans, and 27
emailing and calling the staff of the public entity.28
(5) Rural element. Counties shall include a rural element 29
including lands that are not designated for urban growth, 30
agriculture, forest, or mineral resources. The following provisions 31
shall apply to the rural element: 32
(a) Growth management act goals and local circumstances. Because 33
circumstances vary from county to county, in establishing patterns of 34
rural densities and uses, a county may consider local circumstances, 35
but shall develop a written record explaining how the rural element 36
harmonizes the planning goals in RCW 36.70A.020 and meets the 37
requirements of this chapter. 38
(b) Rural development. The rural element shall permit rural 39
development, forestry, and agriculture in rural areas. The rural 40
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element shall provide for a variety of rural densities, uses, 1
essential public facilities, and rural governmental services needed 2
to serve the permitted densities and uses. To achieve a variety of 3
rural densities and uses, counties may provide for clustering, 4
density transfer, design guidelines, conservation easements, and 5
other innovative techniques that will accommodate appropriate rural 6
economic advancement, densities, and uses that are not characterized 7
by urban growth and that are consistent with rural character.8
(c) Measures governing rural development. The rural element shall 9
include measures that apply to rural development and protect the 10
rural character of the area, as established by the county, by:11
(i) Containing or otherwise controlling rural development;12
(ii) Assuring visual compatibility of rural development with the 13
surrounding rural area; 14
(iii) Reducing the inappropriate conversion of undeveloped land 15
into sprawling, low-density development in the rural area;16
(iv) Protecting critical areas, as provided in RCW 36.70A.060, 17
and surface water and groundwater resources; and 18
(v) Protecting against conflicts with the use of agricultural, 19
forest, and mineral resource lands designated under RCW 36.70A.170.20
(d) Limited areas of more intensive rural development. Subject to 21
the requirements of this subsection and except as otherwise 22
specifically provided in this subsection (5)(d), the rural element 23
may allow for limited areas of more intensive rural development, 24
including necessary public facilities and public services to serve 25
the limited area as follows: 26
(i) Rural development consisting of the infill, development, or 27
redevelopment of existing commercial, industrial, residential, or 28
mixed-use areas, whether characterized as shoreline development, 29
villages, hamlets, rural activity centers, or crossroads 30
developments. 31
(A) A commercial, industrial, residential, shoreline, or mixed-32
use area are subject to the requirements of (d)(iv) of this 33
subsection, but are not subject to the requirements of (c)(ii) and 34
(iii) of this subsection. 35
(B) Any development or redevelopment other than an industrial 36
area or an industrial use within a mixed-use area or an industrial 37
area under this subsection (5)(d)(i) must be principally designed to 38
serve the existing and projected rural population.39
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(C) Any development or redevelopment in terms of building size, 1
scale, use, or intensity may be permitted subject to confirmation 2
from all existing providers of public facilities and public services 3
of sufficient capacity of existing public facilities and public 4
services to serve any new or additional demand from the new 5
development or redevelopment. Development and redevelopment may 6
include changes in use from vacant land or a previously existing use 7
so long as the new use conforms to the requirements of this 8
subsection (5) and is consistent with the local character. Any 9
commercial development or redevelopment within a mixed-use area must 10
be principally designed to serve the existing and projected rural 11
population and must meet the following requirements:12
(I) Any included retail or food service space must not exceed the 13
footprint of previously occupied space or 5,000 square feet, 14
whichever is greater, for the same or similar use, unless the retail 15
space is for an essential rural retail service and the designated 16
limited area is located at least 10 miles from an existing urban 17
growth area, then the retail space must not exceed the footprint of 18
the previously occupied space or 10,000 square feet, whichever is 19
greater; and 20
(II) Any included retail or food service space must not exceed 21
2,500 square feet for a new use, unless the new retail space is for 22
an essential rural retail service and the designated limited area is 23
located at least 10 miles from an existing urban growth area, then 24
the new retail space must not exceed 10,000 square feet;25
For the purposes of this subsection (5)(d), "essential rural 26
retail services" means services including grocery, pharmacy, 27
hardware, automotive parts, and similar uses that sell or provide 28
products necessary for health and safety, such as food, medication, 29
sanitation supplies, and products to maintain habitability and 30
mobility; 31
(ii) The intensification of development on lots containing, or 32
new development of, small-scale recreational or tourist uses, 33
including commercial facilities to serve those recreational or 34
tourist uses, that rely on a rural location and setting, but that do 35
not include new residential development. A small-scale recreation or 36
tourist use is not required to be principally designed to serve the 37
existing and projected rural population. Public services and public 38
facilities shall be limited to those necessary to serve the 39
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recreation or tourist use and shall be provided in a manner that does 1
not permit low-density sprawl; 2
(iii) The intensification of development on lots containing 3
isolated nonresidential uses or new development of isolated cottage 4
industries and isolated small-scale businesses that are not 5
principally designed to serve the existing and projected rural 6
population and nonresidential uses, but do provide job opportunities 7
for rural residents. Rural counties may allow the expansion of small-8
scale businesses as long as those small-scale businesses conform with 9
the rural character of the area as defined by the local government 10
according to RCW 36.70A.030(((35))). Rural counties may also allow 11
new small-scale businesses to utilize a site previously occupied by 12
an existing business as long as the new small-scale business conforms 13
to the rural character of the area as defined by the local government 14
according to RCW 36.70A.030(((35))). Public services and public 15
facilities shall be limited to those necessary to serve the isolated 16
nonresidential use and shall be provided in a manner that does not 17
permit low-density sprawl; 18
(iv) A county shall adopt measures to minimize and contain the 19
existing areas of more intensive rural development, as appropriate, 20
authorized under this subsection. Lands included in such existing 21
areas shall not extend beyond the logical outer boundary of the 22
existing area, thereby allowing a new pattern of low-density sprawl. 23
Existing areas are those that are clearly identifiable and contained 24
and where there is a logical boundary delineated predominately by the 25
built environment, but that may also include undeveloped lands if 26
limited as provided in this subsection. The county shall establish 27
the logical outer boundary of an area of more intensive rural 28
development. In establishing the logical outer boundary, the county 29
shall address (A) the need to preserve the character of existing 30
natural neighborhoods and communities, (B) physical boundaries, such 31
as bodies of water, streets and highways, and land forms and 32
contours, (C) the prevention of abnormally irregular boundaries, and 33
(D) the ability to provide public facilities and public services in a 34
manner that does not permit low-density sprawl; 35
(v) For purposes of this subsection (5)(d), an existing area or 36
existing use is one that was in existence: 37
(A) On July 1, 1990, in a county that was initially required to 38
plan under all of the provisions of this chapter; 39
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(B) On the date the county adopted a resolution under RCW 1
36.70A.040(2), in a county that is planning under all of the 2
provisions of this chapter under RCW 36.70A.040(2); or3
(C) On the date the office of financial management certifies the 4
county's population as provided in RCW 36.70A.040(5), in a county 5
that is planning under all of the provisions of this chapter pursuant 6
to RCW 36.70A.040(5). 7
(e) Exception. This subsection shall not be interpreted to permit 8
in the rural area a major industrial development or a master planned 9
resort unless otherwise specifically permitted under RCW 36.70A.360 10
and 36.70A.365. 11
(6) A transportation element that implements, and is consistent 12
with, the land use element. 13
(a) The transportation element shall include the following 14
subelements: 15
(i) Land use assumptions used in estimating travel;16
(ii) Estimated multimodal level of service impacts to state-owned 17
transportation facilities resulting from land use assumptions to 18
assist in monitoring the performance of state facilities, to plan 19
improvements for the facilities, and to assess the impact of land-use 20
decisions on state-owned transportation facilities;21
(iii) Facilities and services needs, including:22
(A) An inventory of air, water, and ground transportation 23
facilities and services, including transit alignments, active 24
transportation facilities, and general aviation airport facilities, 25
to define existing capital facilities and travel levels to inform 26
future planning. This inventory must include state-owned 27
transportation facilities within the city or county's jurisdictional 28
boundaries; 29
(B) Multimodal level of service standards for all locally owned 30
arterials, locally and regionally operated transit routes that serve 31
urban growth areas, state-owned or operated transit routes that serve 32
urban areas if the department of transportation has prepared such 33
standards, and active transportation facilities to serve as a gauge 34
to judge performance of the system and success in helping to achieve 35
the goals of this chapter consistent with environmental justice. 36
These standards should be regionally coordinated; 37
(C) For state-owned transportation facilities, multimodal level 38
of service standards for highways, as prescribed in chapters 47.06 39
and 47.80 RCW, to gauge the performance of the system. The purposes 40
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of reflecting multimodal level of service standards for state 1
highways in the local comprehensive plan are to monitor the 2
performance of the system, to evaluate improvement strategies, and to 3
facilitate coordination between the county's or city's six-year 4
street, road, active transportation, or transit program and the 5
office of financial management's ten-year investment program. The 6
concurrency requirements of (b) of this subsection do not apply to 7
transportation facilities and services of statewide significance 8
except for counties consisting of islands whose only connection to 9
the mainland are state highways or ferry routes. In these island 10
counties, state highways and ferry route capacity must be a factor in 11
meeting the concurrency requirements in (b) of this subsection;12
(D) Specific actions and requirements for bringing into 13
compliance transportation facilities or services that are below an 14
established multimodal level of service standard; 15
(E) Forecasts of multimodal transportation demand and needs 16
within cities and urban growth areas, and forecasts of multimodal 17
transportation demand and needs outside of cities and urban growth 18
areas, for at least ten years based on the adopted land use plan to 19
inform the development of a transportation element that balances 20
transportation system safety and convenience to accommodate all users 21
of the transportation system to safely, reliably, and efficiently 22
provide access and mobility to people and goods. Priority must be 23
given to inclusion of transportation facilities and services 24
providing the greatest multimodal safety benefit to each category of 25
roadway users for the context and speed of the facility;26
(F) Identification of state and local system needs to equitably 27
meet current and future demands. Identified needs on state-owned 28
transportation facilities must be consistent with the statewide 29
multimodal transportation plan required under chapter 47.06 RCW. 30
Local system needs should reflect the regional transportation system 31
and local goals, and strive to equitably implement the multimodal 32
network; 33
(G) A transition plan for transportation as required in Title II 34
of the Americans with disabilities act of 1990 (ADA). As a necessary 35
step to a program access plan to provide accessibility under the ADA, 36
state and local government, public entities, and public agencies are 37
required to perform self-evaluations of their current facilities, 38
relative to accessibility requirements of the ADA. The agencies are 39
then required to develop a program access plan, which can be called a 40
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transition plan, to address any deficiencies. The plan is intended to 1
achieve the following: 2
(I) Identify physical obstacles that limit the accessibility of 3
facilities to individuals with disabilities; 4
(II) Describe the methods to be used to make the facilities 5
accessible; 6
(III) Provide a schedule for making the access modifications; and7
(IV) Identify the public officials responsible for implementation 8
of the transition plan; 9
(iv) Finance, including: 10
(A) An analysis of funding capability to judge needs against 11
probable funding resources; 12
(B) A multiyear financing plan based on the needs identified in 13
the comprehensive plan, the appropriate parts of which shall serve as 14
the basis for the six-year street, road, or transit program required 15
by RCW 35.77.010 for cities, RCW 36.81.121 for counties, and RCW 16
35.58.2795 for public transportation systems. The multiyear financing 17
plan should be coordinated with the ten-year investment program 18
developed by the office of financial management as required by RCW 19
47.05.030; 20
(C) If probable funding falls short of meeting the identified 21
needs of the transportation system, including state transportation 22
facilities, a discussion of how additional funding will be raised, or 23
how land use assumptions will be reassessed to ensure that level of 24
service standards will be met; 25
(v) Intergovernmental coordination efforts, including an 26
assessment of the impacts of the transportation plan and land use 27
assumptions on the transportation systems of adjacent jurisdictions;28
(vi) Demand-management strategies; 29
(vii) Active transportation component to include collaborative 30
efforts to identify and designate planned improvements for active 31
transportation facilities and corridors that address and encourage 32
enhanced community access and promote healthy lifestyles.33
(b) After adoption of the comprehensive plan by jurisdictions 34
required to plan or who choose to plan under RCW 36.70A.040, local 35
jurisdictions must adopt and enforce ordinances which prohibit 36
development approval if the development causes the level of service 37
on a locally owned or locally or regionally operated transportation 38
facility to decline below the standards adopted in the transportation 39
element of the comprehensive plan, unless transportation improvements 40
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or strategies to accommodate the impacts of development are made 1
concurrent with the development. These strategies may include active 2
transportation facility improvements, increased or enhanced public 3
transportation service, ride-sharing programs, demand management, and 4
other transportation systems management strategies. For the purposes 5
of this subsection (6), "concurrent with the development" means that 6
improvements or strategies are in place at the time of development, 7
or that a financial commitment is in place to complete the 8
improvements or strategies within six years. If the collection of 9
impact fees is delayed under RCW 82.02.050(3), the six-year period 10
required by this subsection (6)(b) must begin after full payment of 11
all impact fees is due to the county or city. A development proposal 12
may not be denied for causing the level of service on a locally owned 13
or locally or regionally operated transportation facility to decline 14
below the standards adopted in the transportation element of the 15
comprehensive plan where such impacts could be adequately mitigated 16
through active transportation facility improvements, increased or 17
enhanced public transportation service, ride-sharing programs, demand 18
management, or other transportation systems management strategies 19
funded by the development. 20
(c) The transportation element described in this subsection (6), 21
the six-year plans required by RCW 35.77.010 for cities, RCW 22
36.81.121 for counties, and RCW 35.58.2795 for public transportation 23
systems, and the ten-year investment program required by RCW 24
47.05.030 for the state, must be consistent. 25
(7) An economic development element establishing local goals, 26
policies, objectives, and provisions for economic growth and vitality 27
and a high quality of life. A city that has chosen to be a 28
residential community is exempt from the economic development element 29
requirement of this subsection. 30
(8) A park and recreation element that implements, and is 31
consistent with, the capital facilities plan element as it relates to 32
park and recreation facilities. The element shall include: (a) 33
Estimates of park and recreation demand for at least a ten-year 34
period; (b) an evaluation of facilities and service needs; (c) an 35
evaluation of tree canopy coverage within the urban growth area; and 36
(d) an evaluation of intergovernmental coordination opportunities to 37
provide regional approaches for meeting park and recreational demand.38
(9)(a) A climate change and resiliency element that is designed 39
to result in reductions in overall greenhouse gas emissions and that 40
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must enhance resiliency to and avoid the adverse impacts of climate 1
change, which must include efforts to reduce localized greenhouse gas 2
emissions and avoid creating or worsening localized climate impacts 3
to vulnerable populations and overburdened communities.4
(b) The climate change and resiliency element shall include the 5
following subelements: 6
(i) A greenhouse gas emissions reduction subelement;7
(ii) A resiliency subelement. 8
(c) The greenhouse gas emissions reduction subelement of the 9
climate change and resiliency element is mandatory for the 10
jurisdictions specified in RCW 36.70A.095 and is encouraged for all 11
other jurisdictions, including those planning under RCW 36.70A.040 12
and those planning under chapter 36.70 RCW. The resiliency subelement 13
of the climate change and resiliency element is mandatory for all 14
jurisdictions planning under RCW 36.70A.040 and is encouraged for 15
those jurisdictions planning under chapter 36.70 RCW.16
(d)(i) The greenhouse gas emissions reduction subelement of the 17
comprehensive plan, and its related development regulations, must 18
identify the actions the jurisdiction will take during the planning 19
cycle consistent with the guidelines published by the department 20
pursuant to RCW 70A.45.120 that will: 21
(A) Result in reductions in overall greenhouse gas emissions 22
generated by transportation and land use within the jurisdiction but 23
without increasing greenhouse gas emissions elsewhere in the state;24
(B) Result in reductions in per capita vehicle miles traveled 25
within the jurisdiction but without increasing greenhouse gas 26
emissions elsewhere in the state; and 27
(C) Prioritize reductions that benefit overburdened communities 28
in order to maximize the cobenefits of reduced air pollution and 29
environmental justice. 30
(ii) Actions not specifically identified in the guidelines 31
developed by the department pursuant to RCW 70A.45.120 may be 32
considered consistent with these guidelines only if:33
(A) They are projected to achieve greenhouse gas emissions 34
reductions or per capita vehicle miles traveled reductions equivalent 35
to what would be required of the jurisdiction under the guidelines 36
adopted by the department; and 37
(B) They are supported by scientifically credible projections and 38
scenarios that indicate their adoption is likely to result in 39
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reductions of greenhouse gas emissions or per capita vehicle miles 1
traveled. 2
(iii) A jurisdiction may not restrict population growth or limit 3
population allocation in order to achieve the requirements set forth 4
in this subsection (9)(d). 5
(e)(i) The resiliency subelement must equitably enhance 6
resiliency to, and avoid or substantially reduce the adverse impacts 7
of, climate change in human communities and ecological systems 8
through goals, policies, and programs consistent with the best 9
available science and scientifically credible climate projections and 10
impact scenarios that moderate or avoid harm, enhance the resiliency 11
of natural and human systems, and enhance beneficial opportunities. 12
The resiliency subelement must prioritize actions that benefit 13
overburdened communities that will disproportionately suffer from 14
compounding environmental impacts and will be most impacted by 15
natural hazards due to climate change. Specific goals, policies, and 16
programs of the resiliency subelement must include, but are not 17
limited to, those designed to: 18
(A) Identify, protect, and enhance natural areas to foster 19
resiliency to climate impacts, as well as areas of vital habitat for 20
safe passage and species migration; 21
(B) Identify, protect, and enhance community resiliency to 22
climate change impacts, including social, economic, and built 23
environment factors, that support adaptation to climate impacts 24
consistent with environmental justice; and 25
(C) Address natural hazards created or aggravated by climate 26
change, including sea level rise, landslides, flooding, drought, 27
heat, smoke, wildfire, and other effects of changes to temperature 28
and precipitation patterns. 29
(ii) A natural hazard mitigation plan or similar plan that is 30
guided by RCW 36.70A.020(14), that prioritizes actions that benefit 31
overburdened communities, and that complies with the applicable 32
requirements of this chapter, including the requirements set forth in 33
this subsection (9)(e), may be adopted by reference to satisfy these 34
requirements, except that to the extent any of the substantive 35
requirements of this subsection (9)(e) are not addressed, or are 36
inadequately addressed, in the referenced natural hazard mitigation 37
plan, a county or city must supplement the natural hazard mitigation 38
plan accordingly so that the adopted resiliency subelement complies 39
fully with the substantive requirements of this subsection (9)(e).40
p. 17 HB 2701
(A) If a county or city intends to adopt by reference a federal 1
emergency management agency natural hazard mitigation plan in order 2
to meet all or part of the substantive requirements set forth in this 3
subsection (9)(e), and the most recently adopted federal emergency 4
management agency natural hazard mitigation plan does not comply with 5
the requirements of this subsection (9)(e), the department may grant 6
the county or city an extension of time in which to submit a natural 7
hazard mitigation plan. 8
(B) Eligibility for an extension under this subsection prior to 9
July 1, 2027, is limited to a city or county required to review and, 10
if needed, revise its comprehensive plan on or before June 30, 2025, 11
as provided in RCW 36.70A.130, or for a city or county with an 12
existing, unexpired federal emergency management agency natural 13
hazard mitigation plan scheduled to expire before December 31, 2024.14
(C) Extension requests after July 1, 2027, may be granted if 15
requirements for the resiliency subelement are amended or added by 16
the legislature or if the department finds other circumstances that 17
may result in a potential finding of noncompliance with a 18
jurisdiction's existing and approved federal emergency management 19
agency natural hazard mitigation plan. 20
(D) A city or county that wishes to request an extension of time 21
must submit a request in writing to the department no later than the 22
date on which the city or county is required to review and, if 23
needed, revise its comprehensive plan as provided in RCW 36.70A.130.24
(E) Upon the submission of such a request to the department, the 25
city or county may have an additional 48 months from the date 26
provided in RCW 36.70A.130 in which to either adopt by reference an 27
updated federal emergency management agency natural hazard mitigation 28
plan or adopt its own natural hazard mitigation plan, and to then 29
submit that plan to the department. 30
(F) The adoption of ordinances, amendments to comprehensive 31
plans, amendments to development regulations, and other nonproject 32
actions taken by a county or city pursuant to (d) of this subsection 33
in order to implement measures specified by the department pursuant 34
to RCW 70A.45.120 are not subject to administrative or judicial 35
appeal under chapter 43.21C RCW. 36
(10) It is the intent that new or amended elements required after 37
January 1, 2002, be adopted concurrent with the scheduled update 38
provided in RCW 36.70A.130. Requirements to incorporate any such new 39
or amended elements shall be null and void until funds sufficient to 40
p. 18 HB 2701
cover applicable local government costs are appropriated and 1
distributed by the state at least two years before local government 2
must update comprehensive plans as required in RCW 36.70A.130.3
Sec. 4. RCW 36.70A.340 and 2013 c 225 s 604 are each amended to 4
read as follows: 5
Upon receipt from the ((board of a finding that a state agency, 6
county, or city)) department of a finding that a county or city is in 7
noncompliance under RCW 36.70A.330, or as a result of failure to meet 8
the requirements of RCW 36.70A.210, the governor may either:9
(1) Notify and direct the director of the office of financial 10
management to revise allotments in appropriation levels;11
(2) Notify and direct the state treasurer to withhold the portion 12
of revenues to which the county or city is entitled under one or more 13
of the following: The motor vehicle fuel tax, as provided in chapter 14
82.38 RCW; the transportation improvement account, as provided in RCW 15
47.26.084; the rural arterial trust account, as provided in RCW 16
36.79.150; the sales and use tax, as provided in chapter 82.14 RCW; 17
the liquor profit tax, as provided in RCW 66.08.190; and the liquor 18
excise tax, as provided in RCW 82.08.170; or 19
(3) File a notice of noncompliance with the secretary of state 20
and the county or city, which temporarily rescinds the county or 21
city's authority to collect the real estate excise tax under RCW 22
82.46.030 until the governor files a notice rescinding the notice of 23
noncompliance. 24
Sec. 5. RCW 36.70B.020 and 2025 c 102 s 1 are each amended to 25
read as follows: 26
Unless the context clearly requires otherwise, the definitions in 27
this section apply throughout this chapter. 28
(1) "By-right development" refers to the approval of proposed 29
housing projects as a matter of right if they comply with established 30
land use regulations without the need for discretionary review or 31
approval.32
(2) "Closed record appeal" means an administrative appeal on the 33
record to a local government body or officer, including the 34
legislative body, following an open record hearing on a project 35
permit application when the appeal is on the record with no or 36
limited new evidence or information allowed to be submitted and only 37
appeal argument allowed. 38
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(((2))) (3) "Local government" means a county, city, or town.1
(((3))) (4) "Open record hearing" means a hearing, conducted by a 2
single hearing body or officer authorized by the local government to 3
conduct such hearings, that creates the local government's record 4
through testimony and submission of evidence and information, under 5
procedures prescribed by the local government by ordinance or 6
resolution. An open record hearing may be held prior to a local 7
government's decision on a project permit to be known as an "open 8
record predecision hearing." An open record hearing may be held on an 9
appeal, to be known as an "open record appeal hearing," if no open 10
record predecision hearing has been held on the project permit.11
(((4))) (5)(a) "Project permit" or "project permit application" 12
means any land use or environmental permit or license required from a 13
local government for a project action, including but not limited to 14
subdivisions, binding site plans, planned unit developments, 15
conditional uses, shoreline substantial development permits, site 16
plan review, permits or approvals required by critical area 17
ordinances, site-specific rezones which do not require a 18
comprehensive plan amendment, but excluding the adoption or amendment 19
of a comprehensive plan, subarea plan, or development regulations 20
except as otherwise specifically included in this subsection.21
(b) "Project permit" or "project permit application" does not 22
include building permits. 23
(((5))) (6) "Public meeting" means an informal meeting, hearing, 24
workshop, or other public gathering of people to obtain comments from 25
the public or other agencies on a proposed project permit prior to 26
the local government's decision. A public meeting may include, but is 27
not limited to, a design review or architectural control board 28
meeting, a special review district or community council meeting, or a 29
scoping meeting on a draft environmental impact statement. A public 30
meeting does not include an open record hearing. The proceedings at a 31
public meeting may be recorded and a report or recommendation may be 32
included in the local government's project permit application file.33
Sec. 6. RCW 36.70B.030 and 1995 c 347 s 404 are each amended to 34
read as follows: 35
(1) Fundamental land use planning choices made in adopted 36
comprehensive plans and development regulations shall serve as the 37
foundation for project review. The review of a proposed project's 38
consistency with applicable development regulations, or in the 39
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absence of applicable regulations the adopted comprehensive plan, 1
under RCW 36.70B.040 shall incorporate the determinations under this 2
section. 3
(2) During project review, a local government or any subsequent 4
reviewing body shall determine whether the items listed in this 5
subsection are defined in the development regulations applicable to 6
the proposed project or, in the absence of applicable regulations the 7
adopted comprehensive plan. At a minimum, such applicable regulations 8
or plans shall be determinative of the: 9
(a) Type of land use permitted at the site, including uses that 10
may be allowed under certain circumstances, such as planned unit 11
developments and conditional and special uses, if the criteria for 12
their approval have been satisfied; 13
(b) Density of residential development in urban growth areas; and14
(c) Availability and adequacy of public facilities identified in 15
the comprehensive plan, if the plan or development regulations 16
provide for funding of these facilities as required by chapter 36.70A 17
RCW. 18
(3) During project review, the local government or any subsequent 19
reviewing body shall not reexamine alternatives to or hear appeals on 20
the items identified in subsection (2) of this section, except for 21
issues of code interpretation. As part of its project review process, 22
a local government shall provide a procedure for obtaining a code 23
interpretation as provided in RCW 36.70B.110. 24
(4) Pursuant to RCW 43.21C.240, a local government may determine 25
that the requirements for environmental analysis and mitigation 26
measures in development regulations and other applicable laws provide 27
adequate mitigation for some or all of the project's specific adverse 28
environmental impacts to which the requirements apply.29
(5) Nothing in this section limits the authority of a permitting 30
agency to approve, condition, or deny a project as provided in its 31
development regulations adopted under chapter 36.70A RCW and in its 32
policies adopted under RCW 43.21C.060. Project review shall be used 33
to identify specific project design and conditions ((relating to the 34
character of development )), such as the details of site plans, curb 35
cuts, drainage swales, transportation demand management, the payment 36
of impact fees, or other measures to mitigate a proposal's probable 37
adverse environmental impacts, if applicable. 38
(6) Subsections (1) through (4) of this section apply only to 39
local governments planning under RCW 36.70A.040. 40
p. 21 HB 2701
Sec. 7. RCW 36.70B.070 and 2023 c 338 s 6 are each amended to 1
read as follows: 2
(1)(a) Within 28 days after receiving a project permit 3
application, a local government planning pursuant to RCW 36.70A.040 4
shall provide a written determination to the applicant.5
(b) The written determination must state either:6
(i) That the application is complete; or 7
(ii) That the application is incomplete and that the procedural 8
submission requirements of the local government have not been met. 9
The determination shall outline what is necessary to make the 10
application procedurally complete. 11
(c) The number of days shall be calculated by counting every 12
calendar day. 13
(d) To the extent known by the local government, the local 14
government shall identify other agencies of local, state, or federal 15
governments that may have jurisdiction over some aspect of the 16
application. 17
(2) A project permit application is complete for purposes of this 18
section when it meets the procedural submission requirements of the 19
local government, as outlined on the project permit application. 20
Additional information or studies may be required or project 21
modifications may be undertaken subsequent to the procedural review 22
of the application by the local government. The determination of 23
completeness ((shall not preclude )) precludes the local government 24
from requesting additional information or studies ((either at the 25
time of )) after the notice of completeness ((or subsequently if new 26
information is required or )) is issued. If substantial changes in the 27
proposed action occur , the local government may request additional 28
information or studies . However, if the procedural submission 29
requirements, as outlined on the project permit application have been 30
provided, the need for additional information or studies may not 31
preclude a completeness determination. 32
(3) The determination of completeness may include or be combined 33
with the following: 34
(a) A preliminary determination of those development regulations 35
that will be used for project mitigation; 36
(b) A preliminary determination of consistency, as provided under 37
RCW 36.70B.040; or38
(c) ((Other information the local government chooses to include; 39
or40
p. 22 HB 2701
(d))) The notice of application pursuant to the requirements in 1
RCW 36.70B.110. 2
(4)(a) An application shall be deemed procedurally complete on 3
the 29th day after receiving a project permit application under this 4
section if the local government does not provide a written 5
determination to the applicant that the application is procedurally 6
incomplete as provided in subsection (1)(b)(ii) of this section. 7
((When the local government does not provide a written determination, 8
they may still seek additional information or studies as provided for 9
in subsection (2) of this section.10
(b) Within 14 days after an applicant has submitted to a local 11
government additional information identified by the local government 12
as being necessary for a complete application, the local government 13
shall notify the applicant whether the application is complete or 14
what additional information is necessary.15
(c))) (b) The notice of application shall be provided within 14 16
days after the determination of completeness pursuant to RCW 17
36.70B.110. 18
Sec. 8. RCW 36.70B.080 and 2025 c 208 s 5 are each amended to 19
read as follows: 20
(1)(a) Development regulations adopted pursuant to RCW 36.70A.040 21
must establish and implement time periods for local government 22
actions for each type of project permit application and provide 23
timely and predictable procedures to determine whether a completed 24
project permit application meets the requirements of those 25
development regulations. Except for modifications by a jurisdiction 26
provided for in (e) of this subsection, the time periods for local 27
government actions for each type of complete project permit 28
application or project type may not exceed those specified in this 29
section. 30
(b) For project permits submitted after January 1, 2025, the 31
development regulations must, for each type of permit application, 32
specify the contents of a completed project permit application 33
necessary for the complete compliance with the time periods and 34
procedures. 35
(c) A jurisdiction may exclude certain permit types and timelines 36
for processing project permit applications as provided for in RCW 37
36.70B.140. 38
p. 23 HB 2701
(d) The time periods for local government action to issue a final 1
decision for each type of complete project permit application or 2
project type subject to this chapter should not exceed the following 3
time periods unless modified by the local government pursuant to this 4
section or RCW 36.70B.140: 5
(i) For project permits which do not require public notice under 6
RCW 36.70B.110, a local government must issue a final decision within 7
65 days of the determination of completeness under RCW 36.70B.070;8
(ii) For project permits which require public notice under RCW 9
36.70B.110, a local government must issue a final decision within 100 10
days of the determination of completeness under RCW 36.70B.070; and11
(iii) For project permits which require public notice under RCW 12
36.70B.110 and a public hearing, a local government must issue a 13
final decision within 170 days of the determination of completeness 14
under RCW 36.70B.070. 15
(e) A jurisdiction may modify the provisions in (d) of this 16
subsection to add permit types not identified, change the permit 17
names or types in each category, address how consolidated review time 18
periods may be different than permits submitted individually, and 19
provide for how projects of a certain size or type may be 20
differentiated, including by differentiating between permits that 21
include a residential land use as a principal use of the land and 22
permits that do not. Unless otherwise provided for the consolidated 23
review of more than one permit, the time period for a final decision 24
shall be the longest of the permit time periods identified in (d) of 25
this subsection or as amended by a local government.26
(f) If a local government does not adopt an ordinance or 27
resolution modifying the provisions in (d) of this subsection, the 28
time periods in (d) of this subsection apply. 29
(g) The number of days an application is in review with the 30
county or city shall be calculated from the day completeness is 31
determined under RCW 36.70B.070 to the date a final decision is 32
issued on the project permit application. The number of days shall be 33
calculated by counting every calendar day and excluding the following 34
time periods: 35
(i) Any period between the day that the county or city has 36
notified the applicant, in writing, that additional information is 37
required to further process the application and the day when 38
responsive information is resubmitted by the applicant;39
p. 24 HB 2701
(ii) Any period after an applicant informs the local government, 1
in writing, that they would like to temporarily suspend review of the 2
project permit application until the time that the applicant notifies 3
the local government, in writing, that they would like to resume the 4
application. A local government may set conditions for the temporary 5
suspension of a permit application; and 6
(iii) Any period after an administrative appeal is filed until 7
the administrative appeal is resolved and any additional time period 8
provided by the administrative appeal has expired. 9
(h) The time periods for a local government to process a permit 10
shall start over if an applicant proposes a change in use that adds 11
or removes commercial or residential elements from the original 12
application that would make the application fail to meet the 13
determination of procedural completeness for the new use, as required 14
by the local government under RCW 36.70B.070. The local government 15
may not require an applicant to restart the permitting process, 16
including paying duplicative fees, if the applicant desires to 17
increase density of housing units on the same parcel of land as the 18
original permit application.19
(i) If, at any time, an applicant informs the local government, 20
in writing, that the applicant would like to temporarily suspend the 21
review of the project for more than 60 days, or if an applicant is 22
not responsive for more than 60 consecutive days after the county or 23
city has notified the applicant, in writing, that additional 24
information is required to further process the application, an 25
additional 30 days may be added to the time periods for local 26
government action to issue a final decision for each type of project 27
permit that is subject to this chapter. Any written notice from the 28
local government to the applicant that additional information is 29
required to further process the application must include a notice 30
that nonresponsiveness for 60 consecutive days may result in 30 days 31
being added to the time for review. For the purposes of this 32
subsection, "nonresponsiveness" means that an applicant is not making 33
demonstrable progress on providing additional requested information 34
to the local government, or that there is no ongoing communication 35
from the applicant to the local government on the applicant's ability 36
or willingness to provide the additional information.37
(j) Annual amendments to the comprehensive plan are not subject 38
to the requirements of this section. 39
p. 25 HB 2701
(k) A county's or city's adoption of a resolution or ordinance to 1
implement this subsection shall not be subject to appeal under 2
chapter 36.70A RCW unless the resolution or ordinance modifies the 3
time periods provided in (d) of this subsection by providing for a 4
review period of more than 170 days for any project permit.5
(l)(i) When permit time periods provided for in (d) of this 6
subsection, as may be amended by a local government, and as may be 7
extended as provided for in (i) of this subsection, are not met, a 8
portion of the permit fee must be refunded to the applicant as 9
provided in this subsection. A local government may provide for the 10
collection of only 80 percent of a permit fee initially, and for the 11
collection of the remaining balance if the permitting time periods 12
are met. The portion of the fee refunded for missing time periods 13
shall be: 14
(A) 10 percent if the final decision of the project permit 15
application was made after the applicable deadline but the period 16
from the passage of the deadline to the time of issuance of the final 17
decision did not exceed 20 percent of the original time period; or18
(B) 20 percent if the period from the passage of the deadline to 19
the time of the issuance of the final decision exceeded 20 percent of 20
the original time period. 21
(ii) Except as provided in RCW 36.70B.160, the provisions in 22
(([(l)])) (l)(i) of this subsection are not applicable to cities and 23
counties which have implemented at least three of the options in RCW 24
36.70B.160(1) (a) through (j) at the time an application is deemed 25
procedurally complete. 26
(2)(a) Counties subject to the requirements of RCW 36.70A.215 and 27
the cities within those counties that have populations of at least 28
20,000 must, for each type of permit application, identify the total 29
number of project permit applications for which decisions are issued 30
according to the provisions of this chapter. For each type of project 31
permit application identified, these counties and cities must 32
establish and implement a deadline for issuing a notice of final 33
decision as required by subsection (1) of this section and minimum 34
requirements for applications to be deemed complete under RCW 35
36.70B.070 as required by subsection (1) of this section.36
(b) Counties and cities subject to the requirements of this 37
subsection also must prepare an annual performance report that 38
includes information outlining time periods for certain permit types 39
associated with housing. The report must provide: 40
p. 26 HB 2701
(i) Permit time periods for certain permit processes in the 1
county or city in relation to those established under this section, 2
including whether the county or city has established shorter time 3
periods than those provided in this section; 4
(ii) The total number of decisions issued during the year for the 5
following permit types: Preliminary subdivisions, final subdivisions, 6
binding site plans, permit processes associated with the approval of 7
multifamily housing, and construction plan review for each of these 8
permit types when submitted separately; 9
(iii) The total number of decisions for each permit type which 10
included consolidated project permit review, such as concurrent 11
review of a rezone or construction plans; 12
(iv) The average number of days from a submittal to a decision 13
being issued for the project permit types listed in ((subsection 14
(2)(b)(ii) of this section [ (b)(ii) of this subsection] )) (b)(ii) of 15
this subsection . This shall be calculated from the day completeness 16
is determined under RCW 36.70B.070 to the date a decision is issued 17
on the application. The number of days shall be calculated by 18
counting every calendar day; 19
(v) The total number of days each project permit application of a 20
type listed in ((subsection (2)(b)(ii) of this section [ (b)(ii) of 21
this subsection])) (b)(ii) of this subsection was in review with the 22
county or city. This shall be calculated from the day completeness is 23
determined under RCW 36.70B.070 to the date a final decision is 24
issued on the application. The number of days shall be calculated by 25
counting every calendar day. The days the application is in review 26
with the county or city does not include the time periods in 27
subsection (1)(g)(i) through (iii) of this section;28
(vi) The total number of days that were excluded from the time 29
period calculation under subsection (1)(g)(i) through (iii) of this 30
section for each project permit application of a type listed in 31
((subsection (2)(b)(ii) of this section [ (b)(ii) of this 32
subsection])) (b)(ii) of this subsection. 33
(c) Counties and cities subject to the requirements of this 34
subsection must: 35
(i) Post the annual performance report through the county's or 36
city's website; and 37
(ii) Submit the annual performance report to the department of 38
commerce by March 1st each year. 39
p. 27 HB 2701
(d) No later than July 1st each year, the department of commerce 1
shall publish a report which includes the annual performance report 2
data for each county and city subject to the requirements of this 3
subsection and a list of those counties and cities whose time periods 4
are shorter than those provided for in this section.5
The annual report must also include key metrics and findings from 6
the information collected. 7
(e) The initial annual report required under this subsection must 8
be submitted to the department of commerce by March 1, 2025, and must 9
include information from permitting in 2024. 10
(3) Nothing in this section prohibits a county or city from 11
extending a deadline for issuing a decision for a specific project 12
permit application for any reasonable and certain period of time 13
specified and mutually agreed upon in writing by the applicant and 14
the local government. No local government may require or request an 15
extension of an applicable deadline for issuance of a decision for a 16
specific project permit application as a condition or an option at 17
initial submission of a project permit application.18
Sec. 9. RCW 36.70B.140 and 2025 c 102 s 2 are each amended to 19
read as follows: 20
(1) A local government by ordinance or resolution may exclude the 21
following project permits from the provisions of RCW 36.70B.060 22
through 36.70B.080 and 36.70B.110 through 36.70B.130: Landmark 23
designations, street vacations, or other approvals relating to the 24
use of public areas or facilities, or other project permits, whether 25
administrative or quasi-judicial, that the local government by 26
ordinance or resolution has determined present special circumstances 27
that warrant a review process or time periods for approval which are 28
different from that provided in RCW 36.70B.060 through 36.70B.080 and 29
36.70B.110 through 36.70B.130. 30
(2) A local government by ordinance or resolution also may 31
exclude the following project permits from the provisions of RCW 32
36.70B.060 and 36.70B.110 through 36.70B.130: Lot line or boundary 33
adjustments and other construction permits, or similar administrative 34
approvals, categorically exempt from environmental review under 35
chapter 43.21C RCW, or for which environmental review has been 36
completed in connection with other project permits.37
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(3) A local government must exclude project permits for interior 1
alterations from site plan review, provided that the interior 2
alterations do not result in the following: 3
(a) Additional sleeping quarters or bedrooms; 4
(b) Nonconformity with federal emergency management agency 5
substantial improvement thresholds; or 6
(c) Increase the total square footage or valuation of the 7
structure thereby requiring upgraded fire access or fire suppression 8
systems. 9
(4)(a) All proposed residential developments, including accessory 10
dwelling units and multifamily housing units, that meet the criteria 11
outlined in the zoning code and land use regulations shall be 12
approved as by-right developments, without the need for discretionary 13
review or approval by planning commissions, zoning boards, or other 14
regulatory bodies.15
(b) Local governments shall monitor compliance through existing 16
inspection authority with approved by-right developments of housing 17
to ensure adherence to applicable land use regulations and codes.18
(c) Noncompliance with approvals of by-right developments may 19
result in enforcement actions. Enforcement actions must be limited to 20
project modifications to bring the development into compliance.21
(5) Nothing in this section exempts interior alterations from 22
otherwise applicable building, plumbing, mechanical, or electrical 23
codes. 24
(((5))) (6) For purposes of this section, "interior alterations" 25
include construction activities that do not modify the existing site 26
layout or its current use and involve no exterior work adding to the 27
building footprint. 28
NEW SECTION. Sec. 10. The following acts or parts of acts are 29
each repealed:30
(1) RCW 36.70A.250 (Growth management hearings board — Creation— 31
Members) and 2020 c 214 s 1, 2010 c 211 s 4, 1994 c 249 s 29, & 1991 32
sp.s. c 32 s 5; 33
(2) RCW 36.70A.252 (Growth management hearings board — 34
Consolidation into environmental and land use hearings office) and 35
2020 c 214 s 2 & 2010 c 210 s 15; 36
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(3) RCW 36.70A.260 (Growth management hearings board — Regional 1
panels) and 2020 c 214 s 3, 2010 c 211 s 5, 1994 c 249 s 30, & 1991 2
sp.s. c 32 s 6; 3
(4) RCW 36.70A.270 (Growth management hearings board — Conduct, 4
procedure, and compensation — Public access to rulings, decisions, and 5
orders) and 2020 c 214 s 4 & 2019 c 452 s 2; 6
(5) RCW 36.70A.280 (Growth management hearings board — Matters 7
subject to review) and 2025 c 386 s 3 & 2025 c 269 s 2;8
(6) RCW 36.70A.290 (Growth management hearings board — Petitions— 9
Evidence) and 2025 c 269 s 3, 2011 c 277 s 1, 2010 c 211 s 8, 1997 c 10
429 s 12, & 1995 c 347 s 109; 11
(7) RCW 36.70A.295 (Growth management hearings board — Direct 12
judicial review) and 2010 c 211 s 9 & 1997 c 429 s 13;13
(8) RCW 36.70A.300 (Final orders) and 2013 c 275 s 1, 1997 c 429 14
s 14, 1995 c 347 s 110, & 1991 sp.s. c 32 s 11; 15
(9) RCW 36.70A.302 (Growth management hearings board — 16
Determination of invalidity — Vesting of development permits — Interim 17
controls) and 2010 c 211 s 10 & 1997 c 429 s 16; 18
(10) RCW 36.70A.305 (Expedited review) and 1996 c 325 s 4;19
(11) RCW 36.70A.310 (Growth management hearings board— Limitations 20
on appeal by the state) and 2010 c 211 s 11, 1994 c 249 s 32, & 1991 21
sp.s. c 32 s 12; 22
(12) RCW 36.70A.320 (Presumption of validity — Burden of proof — 23
Plans and regulations) and 2025 c 269 s 4, 2023 c 228 s 8, 1997 c 429 24
s 20, 1995 c 347 s 111, & 1991 sp.s. c 32 s 13; 25
(13) RCW 36.70A.3201 (Growth management hearings board — 26
Legislative intent and finding) and 2010 c 211 s 12 & 1997 c 429 s 2;27
(14) RCW 36.70A.330 (Noncompliance) and 2025 c 17 s 1, 2021 c 312 28
s 2, 1997 c 429 s 21, 1995 c 347 s 112, & 1991 sp.s. c 32 s 14;29
(15) RCW 36.70A.332 (Training regarding findings of 30
noncompliance) and 2021 c 312 s 3; and 31
(16) RCW 36.70A.335 (Order of invalidity issued before July 27, 32
1997) and 1997 c 429 s 22. 33
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