County comprehensive plans

AN ACT Relating to county comprehensive plans and development 1
regulations; and amending RCW 36.70A.130. 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:3
Sec. 1. RCW 36.70A.130 and 2024 c 17 s 1 are each amended to 4
read as follows: 5
(1)(a) Each comprehensive land use plan and development 6
regulations shall be subject to continuing review and evaluation by 7
the county or city that adopted them. Except as otherwise provided, a 8
county or city shall take legislative action to review and, if 9
needed, revise its comprehensive land use plan and development 10
regulations to ensure the plan and regulations comply with the 11
requirements of this chapter according to the deadlines in 12
subsections (4) and (5) of this section. 13
(b)(i) A city or town located within a county planning under RCW 14
36.70A.040 may opt out of a full review and revisions of its 15
comprehensive plan established in this section if the city or town 16
meets the following criteria: 17
(A) Has a population fewer than 500; 18
(B) Is not located within 10 miles of a city with a population 19
over 100,000; 20
S-0231.1
SENATE BILL 5173
State of Washington 69th Legislature 2025 Regular Session
By Senators Short, Dozier, and Fortunato
Prefiled 01/08/25. Read first time 01/13/25. Referred to Committee
on Local Government.
p. 1 SB 5173
(C) Experienced a population growth rate of fewer than 10 percent 1
in the preceding 10 years; and 2
(D) Has provided the department with notice of its intent to 3
participate in a partial review and revision of its comprehensive 4
plan. 5
(ii) The department shall review the population growth rate for a 6
city or town participating in the partial review and revision of its 7
comprehensive plan process at least three years before the periodic 8
update is due as outlined in subsection (4) of this section and 9
notify cities of their eligibility. 10
(iii) A city or town that opts out of a full review and revision 11
of its comprehensive plan must update its critical areas regulations 12
and its capital facilities element and its transportation element.13
(c) Except as otherwise provided, a county or city not planning 14
under RCW 36.70A.040 shall take action to review and, if needed, 15
revise its policies and development regulations regarding critical 16
areas and natural resource lands adopted according to this chapter to 17
ensure these policies and regulations comply with the requirements of 18
this chapter according to the deadlines in subsections (4) and (5) of 19
this section. Legislative action means the adoption of a resolution 20
or ordinance following notice and a public hearing indicating at a 21
minimum, a finding that a review and evaluation has occurred and 22
identifying the revisions made, or that a revision was not needed and 23
the reasons therefor. 24
(d) The review and evaluation required by this subsection shall 25
include, but is not limited to, consideration of critical area 26
ordinances and, if planning under RCW 36.70A.040, an analysis of the 27
population allocated to a city or county from the most recent 10-year 28
population forecast by the office of financial management.29
(e) Any amendment of or revision to a comprehensive land use plan 30
shall conform to this chapter. Any amendment of or revision to 31
development regulations shall be consistent with and implement the 32
comprehensive plan. 33
(2)(a) Each county and city shall establish and broadly 34
disseminate to the public a public participation program consistent 35
with RCW 36.70A.035 and 36.70A.140 that identifies procedures and 36
schedules whereby updates, proposed amendments, or revisions of the 37
comprehensive plan are considered by the governing body of the county 38
or city no more frequently than once every year. "Updates" means to 39
review and revise, if needed, according to subsection (1) of this 40
p. 2 SB 5173
section, and the deadlines in subsections (4) and (5) of this section 1
or in accordance with the provisions of subsection (6) of this 2
section. Amendments may be considered more frequently than once per 3
year under the following circumstances: 4
(i) The initial adoption of a subarea plan. Subarea plans adopted 5
under this subsection (2)(a)(i) must clarify, supplement, or 6
implement jurisdiction-wide comprehensive plan policies, and may only 7
be adopted if the cumulative impacts of the proposed plan are 8
addressed by appropriate environmental review under chapter 43.21C 9
RCW; 10
(ii) The development of an initial subarea plan for economic 11
development located outside of the 100 year floodplain in a county 12
that has completed a state-funded pilot project that is based on 13
watershed characterization and local habitat assessment;14
(iii) The adoption or amendment of a shoreline master program 15
under the procedures set forth in chapter 90.58 RCW;16
(iv) The amendment of the capital facilities element of a 17
comprehensive plan that occurs concurrently with the adoption or 18
amendment of a county or city budget; or 19
(v) The adoption of comprehensive plan amendments necessary to 20
enact a planned action under RCW 43.21C.440, provided that amendments 21
are considered in accordance with the public participation program 22
established by the county or city under this subsection (2)(a) and 23
all persons who have requested notice of a comprehensive plan update 24
are given notice of the amendments and an opportunity to comment.25
(b) Except as otherwise provided in (a) of this subsection, all 26
proposals shall be considered by the governing body concurrently so 27
the cumulative effect of the various proposals can be ascertained. 28
However, after appropriate public participation a county or city may 29
adopt amendments or revisions to its comprehensive plan that conform 30
with this chapter whenever an emergency exists or to resolve an 31
appeal of a comprehensive plan filed with the growth management 32
hearings board or with the court. 33
(3)(a) Each county that designates urban growth areas under RCW 34
36.70A.110 shall review, according to the schedules established in 35
subsections (4) and (5) of this section, its designated urban growth 36
area or areas, patterns of development occurring within the urban 37
growth area or areas, and the densities permitted within both the 38
incorporated and unincorporated portions of each urban growth area. 39
In conjunction with this review by the county, each city located 40
p. 3 SB 5173
within an urban growth area shall review the densities permitted 1
within its boundaries, and the extent to which the urban growth 2
occurring within the county has located within each city and the 3
unincorporated portions of the urban growth areas. 4
(b) The county comprehensive plan designating urban growth areas, 5
and the densities permitted in the urban growth areas by the 6
comprehensive plans of the county and each city located within the 7
urban growth areas, shall be revised to accommodate the urban growth 8
projected to occur in the county for the succeeding 20-year period. 9
The review required by this subsection may be combined with the 10
review and evaluation required by RCW 36.70A.215. 11
(c) If, during the county's review under (a) of this subsection, 12
the county determines revision of the urban growth area is not 13
required to accommodate the urban growth projected to occur in the 14
county for the succeeding 20-year period, but does determine that 15
patterns of development have created pressure in areas that exceed 16
available, developable lands within the urban growth area, the urban 17
growth area or areas may be revised to accommodate identified 18
patterns of development and likely future development pressure for 19
the succeeding 20-year period if the following requirements are met:20
(i) The revised urban growth area may not result in an increase 21
in the total surface areas of the urban growth area or areas;22
(ii) The areas added to the urban growth area are not or have not 23
been designated as agricultural, forest, or mineral resource lands of 24
long-term commercial significance; 25
(iii) Less than 15 percent of the areas added to the urban growth 26
area are critical areas; 27
(iv) The areas added to the urban growth areas are suitable for 28
urban growth; 29
(v) The transportation element and capital facility plan element 30
have identified the transportation facilities, and public facilities 31
and services needed to serve the urban growth area and the funding to 32
provide the transportation facilities and public facilities and 33
services; 34
(vi) The urban growth area is not larger than needed to 35
accommodate the growth planned for the succeeding 20-year planning 36
period and a reasonable land market supply factor;37
(vii) The areas removed from the urban growth area do not include 38
urban growth or urban densities; and 39
p. 4 SB 5173
(viii) The revised urban growth area is contiguous, does not 1
include holes or gaps, and will not increase pressures to urbanize 2
rural or natural resource lands. 3
(4) Except as otherwise provided in subsections (6) and (8) of 4
this section, counties and cities shall take action to review and, if 5
needed, revise their comprehensive plans and development regulations 6
to ensure the plan and regulations comply with the requirements of 7
this chapter either 10 years from the previous adoption date or as 8
follows: 9
(a) On or before June 30, 2015, for King, Pierce, and Snohomish 10
counties and the cities within those counties; 11
(b) On or before June 30, 2016, for Clallam, Clark, Island, 12
Jefferson, Kitsap, Mason, San Juan, Skagit, Thurston, and Whatcom 13
counties and the cities within those counties; 14
(c) On or before June 30, 2017, for Benton, Chelan, Cowlitz, 15
Douglas, Kittitas, Lewis, Skamania, Spokane, and Yakima counties and 16
the cities within those counties; and 17
(d) On or before June 30, 2018, for Adams, Asotin, Columbia, 18
Ferry, Franklin, Garfield, Grant, Grays Harbor, Klickitat, Lincoln, 19
Okanogan, Pacific, Pend Oreille, Stevens, Wahkiakum, Walla Walla, and 20
Whitman counties and the cities within those counties.21
(5) Except as otherwise provided in subsections (6) and (8) of 22
this section, following the review of comprehensive plans and 23
development regulations required by subsection (4) of this section, 24
counties and cities shall take action to review and, if needed, 25
revise their comprehensive plans and development regulations to 26
ensure the plan and regulations comply with the requirements of this 27
chapter as follows: 28
(a) Except as provided in subsection (10) of this section, on or 29
before December 31, 2024, with the following review and, if needed, 30
revision on or before June 30, 2034, and then every 10 years 31
thereafter, for King, Kitsap, Pierce, and Snohomish counties and the 32
cities within those counties; 33
(b) On or before December 31, 2025, with the following review 34
and, if needed, revision on or before June 30, 2035, and then every 35
10 years thereafter, for Clallam, Clark, Island, Jefferson, Lewis, 36
Mason, San Juan, Skagit, Thurston, and Whatcom counties and the 37
cities within those counties; 38
(c) On or before June 30, 2026, and every 10 years thereafter, 39
for Benton, Chelan, Cowlitz, Douglas, Franklin, Kittitas, Skamania, 40
p. 5 SB 5173
Spokane, Walla Walla, and Yakima counties and the cities within those 1
counties; and 2
(d) On or before June 30, 2027, and every 10 years thereafter, 3
for Adams, Asotin, Columbia, Ferry, Garfield, Grant, Grays Harbor, 4
Klickitat, Lincoln, Okanogan, Pacific, Pend Oreille, Stevens, 5
Wahkiakum, and Whitman counties and the cities within those counties.6
(6)(a) Nothing in this section precludes a county or city from 7
conducting the review and evaluation required by this section before 8
the deadlines established in subsections (4) and (5) of this section. 9
Counties and cities may begin this process early and may be eligible 10
for grants from the department, subject to available funding, if they 11
elect to do so. 12
(b) A county that is subject to a deadline established in 13
subsection (5)(b) through (d) of this section and meets the following 14
criteria may comply with the requirements of this section at any time 15
within the 24 months following the deadline established in subsection 16
(5) of this section: The county has a population of less than 50,000 17
and has had its population increase by no more than 17 percent in the 18
10 years preceding the deadline established in subsection (5) of this 19
section as of that date. 20
(c) A city that is subject to a deadline established in 21
subsection (5)(b) through (d) of this section and meets the following 22
criteria may comply with the requirements of this section at any time 23
within the 24 months following the deadline established in subsection 24
(5) of this section: The city has a population of no more than 5,000 25
and has had its population increase by the greater of either no more 26
than 100 persons or no more than 17 percent in the 10 years preceding 27
the deadline established in subsection (5) of this section as of that 28
date. 29
(d) State agencies are encouraged to provide technical assistance 30
to the counties and cities in the review of critical area ordinances, 31
comprehensive plans, and development regulations. 32
(7)(a) The requirements imposed on counties and cities under this 33
section shall be considered "requirements of this chapter" under the 34
terms of RCW 36.70A.040(1). Only those counties and cities that meet 35
the following criteria may receive grants, loans, pledges, or 36
financial guarantees under chapter 43.155 or 70A.135 RCW:37
(i) Complying with the deadlines in this section; or38
p. 6 SB 5173
(ii) Demonstrating substantial progress towards compliance with 1
the schedules in this section for development regulations that 2
protect critical areas. 3
(b) A county or city that is fewer than 12 months out of 4
compliance with the schedules in this section for development 5
regulations that protect critical areas is making substantial 6
progress towards compliance. Only those counties and cities in 7
compliance with the schedules in this section may receive preference 8
for grants or loans subject to the provisions of RCW 43.17.250.9
(8)(a) Except as otherwise provided in (c) of this subsection, if 10
a participating watershed is achieving benchmarks and goals for the 11
protection of critical areas functions and values, the county is not 12
required to update development regulations to protect critical areas 13
as they specifically apply to agricultural activities in that 14
watershed. 15
(b) A county that has made the election under RCW 36.70A.710(1) 16
may only adopt or amend development regulations to protect critical 17
areas as they specifically apply to agricultural activities in a 18
participating watershed if: 19
(i) A work plan has been approved for that watershed in 20
accordance with RCW 36.70A.725; 21
(ii) The local watershed group for that watershed has requested 22
the county to adopt or amend development regulations as part of a 23
work plan developed under RCW 36.70A.720; 24
(iii) The adoption or amendment of the development regulations is 25
necessary to enable the county to respond to an order of the growth 26
management hearings board or court; 27
(iv) The adoption or amendment of development regulations is 28
necessary to address a threat to human health or safety; or29
(v) Three or more years have elapsed since the receipt of 30
funding. 31
(c) Beginning 10 years from the date of receipt of funding, a 32
county that has made the election under RCW 36.70A.710(1) must review 33
and, if necessary, revise development regulations to protect critical 34
areas as they specifically apply to agricultural activities in a 35
participating watershed in accordance with the review and revision 36
requirements and timeline in subsection (5) of this section. This 37
subsection (8)(c) does not apply to a participating watershed that 38
has determined under RCW 36.70A.720(2)(c)(ii) that the watershed's 39
goals and benchmarks for protection have been met.40
p. 7 SB 5173
(9)(a) Counties subject to planning deadlines established in 1
subsection (5) of this section that are required or that choose to 2
plan under RCW 36.70A.040 and that meet either criteria of (a)(i) or 3
(ii) of this subsection, and cities with a population of more than 4
6,000 as of April 1, 2021, within those counties, must provide to the 5
department an implementation progress report detailing the progress 6
they have achieved in implementing their comprehensive plan five 7
years after the review and revision of their comprehensive plan. Once 8
a county meets the criteria in (a)(i) or (ii) of this subsection, the 9
implementation progress report requirements remain in effect 10
thereafter for that county and the cities therein with populations 11
greater than 6,000 as of April 1, 2021, even if the county later no 12
longer meets either or both criteria. A county is subject to the 13
implementation progress report requirement if it meets either of the 14
following criteria on or after April 1, 2021: 15
(i) The county has a population density of at least 100 people 16
per square mile and a population of at least 200,000; or17
(ii) The county has a population density of at least 75 people 18
per square mile and an annual growth rate of at least 1.75 percent as 19
determined by the office of financial management. 20
(b) The department shall adopt guidelines for indicators, 21
measures, milestones, and criteria for use by counties and cities in 22
the implementation progress report that must cover:23
(i) The implementation of previously adopted changes to the 24
housing element and any effect those changes have had on housing 25
affordability and availability within the jurisdiction;26
(ii) Permit processing timelines; and 27
(iii) Progress toward implementing any actions required to 28
achieve reductions to meet greenhouse gas and vehicle miles traveled 29
requirements as provided for in any element of the comprehensive plan 30
under RCW 36.70A.070. 31
(c) If a city or county required to provide an implementation 32
progress report under this subsection (9) has not implemented any 33
specifically identified regulations, zoning and land use changes, or 34
taken other legislative or administrative action necessary to 35
implement any changes in the most recent periodic update in their 36
comprehensive plan by the due date for the implementation progress 37
report, the city or county must identify the need for such action in 38
the implementation progress report. Cities and counties must adopt a 39
work plan to implement any necessary regulations, zoning and land use 40
p. 8 SB 5173
changes, or take other legislative or administrative action 1
identified in the implementation progress report and complete all 2
work necessary for implementation within two years of submission of 3
the implementation progress report. 4
(10) Any county or city that is required by RCW 36.70A.095 to 5
include in its comprehensive plan a climate change and resiliency 6
element and that is also required by subsection (5)(a) of this 7
section to review and, if necessary, revise its comprehensive plan on 8
or before December 31, 2024, must update its transportation element 9
and incorporate a climate change and resiliency element into its 10
comprehensive plan as part of the first implementation progress 11
report required by subsection (9) of this section if funds are 12
appropriated and distributed by December 31, 2027, as required under 13
RCW 36.70A.070(10). 14
--- END ---
p. 9 SB 5173