Land use permitting workload

AN ACT Relating to streamlining and clarifying local governments' 1
land use permitting workloads; amending RCW 58.17.035, 58.17.040, 2
64.90.025, and 36.70B.080; reenacting and amending RCW 58.17.040; 3
providing an effective date; and providing an expiration date.4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
Sec. 1. RCW 58.17.035 and 1987 c 354 s 2 are each amended to 6
read as follows: 7
A city, town, or county may adopt by ordinance procedures for the 8
divisions of land by use of a binding site plan as an alternative to 9
the procedures required by this chapter. The ordinance shall be 10
limited and only apply to one or more of the following: (1) The use 11
of a binding site plan to create or modify divisions for sale or 12
lease of commercially or industrially zoned property as provided in 13
RCW 58.17.040(4); (2) divisions of property for lease as provided for 14
in RCW 58.17.040(5); and (3) divisions of property as provided for in 15
RCW 58.17.040(7). Such ordinance may apply the same or different 16
requirements and procedures to each of the three types of divisions 17
and shall provide for the alteration or vacation of the binding site 18
plan, and may provide for the administrative approval of the binding 19
site plan. For the purposes of this section, commercially zoned 20
S-0422.3
SENATE BILL 5611
State of Washington 69th Legislature 2025 Regular Session
By Senators Salomon, Trudeau, Frame, and Nobles
Read first time 01/31/25. Referred to Committee on Local Government.
p. 1 SB 5611
property includes property that is zoned to permit or conditionally 1
permit any multifamily residential uses. 2
The ordinance shall provide that after approval of the general 3
binding site plan for industrial or commercial divisions subject to a 4
binding site plan, the approval for improvements and finalization of 5
specific individual commercial or industrial lots shall be done by 6
administrative approval. 7
The binding site plan, after approval, and/or when specific lots 8
are administratively approved, shall be filed with the county auditor 9
with a record of survey. Lots, parcels, or tracts created through the 10
binding site plan procedure shall be legal lots of record. The number 11
of lots, tracts, parcels, sites, or divisions shall not exceed the 12
number of lots allowed by the local zoning ordinances.13
All provisions, conditions, and requirements of the binding site 14
plan shall be legally enforceable on the purchaser or any other 15
person acquiring a lease or other ownership interest of any lot, 16
parcel, or tract created pursuant to the binding site plan.17
Any sale, transfer, or lease of any lot, tract, or parcel created 18
pursuant to the binding site plan, that does not conform to the 19
requirements of the binding site plan or without binding site plan 20
approval, shall be considered a violation of chapter 58.17 RCW and 21
shall be restrained by injunctive action and be illegal as provided 22
in chapter 58.17 RCW. 23
Sec. 2. RCW 58.17.040 and 2024 c 190 s 2 are each amended to 24
read as follows: 25
The provisions of this chapter shall not apply to:26
(1) Cemeteries and other burial plots while used for that 27
purpose; 28
(2) Divisions of land into lots or tracts each of which is one-29
one hundred twenty-eighth of a section of land or larger, or five 30
acres or larger if the land is not capable of description as a 31
fraction of a section of land, unless the governing authority of the 32
city, town, or county in which the land is situated shall have 33
adopted a subdivision ordinance requiring plat approval of such 34
divisions: PROVIDED, That for purposes of computing the size of any 35
lot under this item which borders on a street or road, the lot size 36
shall be expanded to include that area ((which)) that would be 37
bounded by the center line of the road or street and the side lot 38
lines of the lot running perpendicular to such center line;39
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(3) Divisions made by testamentary provisions, or the laws of 1
descent; 2
(4) Divisions of land into lots or tracts classified for 3
industrial or commercial use when the city, town, or county has 4
approved a binding site plan for the use of the land in accordance 5
with local regulations . For the purposes of this section, 6
commercially zoned property includes property that is zoned to permit 7
or conditionally permit any multifamily residential uses;8
(5) A division for the purpose of lease when no residential 9
structure other than mobile homes, tiny houses or tiny houses with 10
wheels as defined in RCW 35.21.686, or travel trailers are permitted 11
to be placed upon the land when the city, town, or county has 12
approved a binding site plan for the use of the land in accordance 13
with local regulations; 14
(6) A division made for the purpose of alteration by adjusting 15
boundary lines, between platted or unplatted lots or both, which does 16
not create any additional lot, tract, parcel, site, or division nor 17
create any lot, tract, parcel, site, or division which contains 18
insufficient area and dimension to meet minimum requirements for 19
width and area for a building site; 20
(7) Divisions of land into lots or tracts if: (a) Such division 21
is the result of subjecting a portion of a parcel or tract of land to 22
either chapter 64.32 or 64.34 RCW subsequent to the recording of a 23
binding site plan for all such land; (b) the improvements constructed 24
or to be constructed thereon are required by the provisions of the 25
binding site plan to be included in one or more condominiums or owned 26
by an association or other legal entity in which the owners of units 27
therein or their owners' associations have a membership or other 28
legal or beneficial interest; (c) a city, town, or county has 29
approved the binding site plan for all such land; (d) such approved 30
binding site plan is recorded in the county or counties in which such 31
land is located; and (e) the binding site plan contains thereon the 32
following statement: "All development and use of the land described 33
herein shall be in accordance with this binding site plan, as it may 34
be amended with the approval of the city, town, or county having 35
jurisdiction over the development of such land, and in accordance 36
with such other governmental permits, approvals, regulations, 37
requirements, and restrictions that may be imposed upon such land and 38
the development and use thereof. Upon completion, the improvements on 39
the land shall be included in one or more condominiums or owned by an 40
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association or other legal entity in which the owners of units 1
therein or their owners' associations have a membership or other 2
legal or beneficial interest. This binding site plan shall be binding 3
upon all now or hereafter having any interest in the land described 4
herein." The binding site plan may, but need not, depict or describe 5
the boundaries of the lots or tracts resulting from subjecting a 6
portion of the land to either chapter 64.32 or 64.34 RCW. A site plan 7
shall be deemed to have been approved if the site plan was approved 8
by a city, town, or county: (i) In connection with the final approval 9
of a subdivision plat or planned unit development with respect to all 10
of such land; or (ii) in connection with the issuance of building 11
permits or final certificates of occupancy with respect to all of 12
such land; or (iii) if not approved pursuant to (i) and (ii) of this 13
subsection (7)(e), then pursuant to such other procedures as such 14
city, town, or county may have established for the approval of a 15
binding site plan; 16
(8) A division for the purpose of leasing land for facilities 17
providing personal wireless services while used for that purpose. 18
"Personal wireless services" means any federally licensed personal 19
wireless service. "Facilities" means unstaffed facilities that are 20
used for the transmission or reception, or both, of wireless 21
communication services including, but not necessarily limited to, 22
antenna arrays, transmission cables, equipment shelters, and support 23
structures; 24
(9) A division of land into lots or tracts of less than three 25
acres that is recorded in accordance with chapter 58.09 RCW and is 26
used or to be used for the purpose of establishing a site for 27
construction and operation of consumer-owned or investor-owned 28
electric utility facilities. For purposes of this subsection, 29
"electric utility facilities" means unstaffed facilities, except for 30
the presence of security personnel, that are used for or in 31
connection with or to facilitate the transmission, distribution, 32
sale, or furnishing of electricity including, but not limited to, 33
electric power substations. This subsection does not exempt a 34
division of land from the zoning and permitting laws and regulations 35
of cities, towns, counties, and municipal corporations. Furthermore, 36
this subsection only applies to electric utility facilities that will 37
be placed into service to meet the electrical needs of a utility's 38
existing and new customers. New customers are defined as electric 39
service locations not already in existence as of the date that 40
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electric utility facilities subject to the provisions of this 1
subsection are planned and constructed; and 2
(10) A division of land into lots or tracts of less than two 3
acres that is recorded in accordance with chapter 58.09 RCW and is 4
used or to be used for the purpose of establishing a site for 5
construction and operation of a rural fire district station, provided 6
the proposed lots or tracts contain sufficient area and dimensions to 7
meet minimum building site width and area requirements, and 8
appropriate provisions are made for potable water supplies and 9
sanitary wastes. 10
Sec. 3. RCW 58.17.040 and 2024 c 321 s 407 and 2024 c 190 s 2 11
are each reenacted and amended to read as follows:12
The provisions of this chapter shall not apply to:13
(1) Cemeteries and other burial plots while used for that 14
purpose; 15
(2) Divisions of land into lots or tracts each of which is one-16
one hundred twenty-eighth of a section of land or larger, or five 17
acres or larger if the land is not capable of description as a 18
fraction of a section of land, unless the governing authority of the 19
city, town, or county in which the land is situated shall have 20
adopted a subdivision ordinance requiring plat approval of such 21
divisions: PROVIDED, That for purposes of computing the size of any 22
lot under this item which borders on a street or road, the lot size 23
shall be expanded to include that area ((which)) that would be 24
bounded by the center line of the road or street and the side lot 25
lines of the lot running perpendicular to such center line;26
(3) Divisions made by testamentary provisions, or the laws of 27
descent; 28
(4) Divisions of land into lots or tracts classified for 29
industrial or commercial use when the city, town, or county has 30
approved a binding site plan for the use of the land in accordance 31
with local regulations . For the purposes of this section, 32
commercially zoned property includes property that is zoned to permit 33
or conditionally permit any multifamily residential uses;34
(5) A division for the purpose of lease when no residential 35
structure other than mobile homes, tiny houses or tiny houses with 36
wheels as defined in RCW 35.21.686, or travel trailers are permitted 37
to be placed upon the land when the city, town, or county has 38
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approved a binding site plan for the use of the land in accordance 1
with local regulations; 2
(6) A division made for the purpose of alteration by adjusting 3
boundary lines, between platted or unplatted lots or both, which does 4
not create any additional lot, tract, parcel, site, or division nor 5
create any lot, tract, parcel, site, or division which contains 6
insufficient area and dimension to meet minimum requirements for 7
width and area for a building site; 8
(7) Divisions of land into lots or tracts if: (a) Such division 9
is the result of subjecting a portion of a parcel or tract of land to 10
chapter 64.90 RCW subsequent to the recording of a binding site plan 11
for all such land; (b) the improvements constructed or to be 12
constructed thereon are required by the provisions of the binding 13
site plan to be included in one or more condominiums, cooperatives, 14
or owned by an association or other legal entity in which the owners 15
of units therein or their owners associations have a membership or 16
other legal or beneficial interest; (c) a city, town, or county has 17
approved the binding site plan for all such land; (d) such approved 18
binding site plan is recorded in the county or counties in which such 19
land is located; and (e) the binding site plan contains thereon the 20
following statement: "All development and use of the land described 21
herein shall be in accordance with this binding site plan, as it may 22
be amended with the approval of the city, town, or county having 23
jurisdiction over the development of such land, and in accordance 24
with such other governmental permits, approvals, regulations, 25
requirements, and restrictions that may be imposed upon such land and 26
the development and use thereof. Upon completion, the improvements on 27
the land shall be included in one or more condominiums, cooperatives, 28
or owned by an association or other legal entity in which the owners 29
of units therein or their owners associations have a membership or 30
other legal or beneficial interest. This binding site plan shall be 31
binding upon all now or hereafter having any interest in the land 32
described herein." The binding site plan may, but need not, depict or 33
describe the boundaries of the lots or tracts resulting from 34
subjecting a portion of the land to chapter 64.90 RCW. A site plan 35
shall be deemed to have been approved if the site plan was approved 36
by a city, town, or county: (i) In connection with the final approval 37
of a subdivision plat or planned unit development with respect to all 38
of such land; or (ii) in connection with the issuance of building 39
permits or final certificates of occupancy with respect to all of 40
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such land; or (iii) if not approved pursuant to (i) and (ii) of this 1
subsection (7)(e), then pursuant to such other procedures as such 2
city, town, or county may have established for the approval of a 3
binding site plan; 4
(8) A division for the purpose of leasing land for facilities 5
providing personal wireless services while used for that purpose. 6
"Personal wireless services" means any federally licensed personal 7
wireless service. "Facilities" means unstaffed facilities that are 8
used for the transmission or reception, or both, of wireless 9
communication services including, but not necessarily limited to, 10
antenna arrays, transmission cables, equipment shelters, and support 11
structures; 12
(9) A division of land into lots or tracts of less than three 13
acres that is recorded in accordance with chapter 58.09 RCW and is 14
used or to be used for the purpose of establishing a site for 15
construction and operation of consumer-owned or investor-owned 16
electric utility facilities. For purposes of this subsection, 17
"electric utility facilities" means unstaffed facilities, except for 18
the presence of security personnel, that are used for or in 19
connection with or to facilitate the transmission, distribution, 20
sale, or furnishing of electricity including, but not limited to, 21
electric power substations. This subsection does not exempt a 22
division of land from the zoning and permitting laws and regulations 23
of cities, towns, counties, and municipal corporations. Furthermore, 24
this subsection only applies to electric utility facilities that will 25
be placed into service to meet the electrical needs of a utility's 26
existing and new customers. New customers are defined as electric 27
service locations not already in existence as of the date that 28
electric utility facilities subject to the provisions of this 29
subsection are planned and constructed; and 30
(10) A division of land into lots or tracts of less than two 31
acres that is recorded in accordance with chapter 58.09 RCW and is 32
used or to be used for the purpose of establishing a site for 33
construction and operation of a rural fire district station, provided 34
the proposed lots or tracts contain sufficient area and dimensions to 35
meet minimum building site width and area requirements, and 36
appropriate provisions are made for potable water supplies and 37
sanitary wastes. 38
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Sec. 4. RCW 64.90.025 and 2019 c 238 s 202 are each amended to 1
read as follows: 2
(1) A building, fire, health, or safety statute, ordinance, or 3
regulation may not impose any requirement upon any structure in a 4
common interest community that it would not impose upon a physically 5
identical development under a different form of ownership.6
(2) A zoning, subdivision, or other land use statute, ordinance, 7
or regulation may not prohibit the condominium or cooperative form of 8
ownership or impose any requirement upon a condominium or cooperative 9
or miscellaneous community that it would not impose upon a physically 10
identical development under a different form of ownership. Such 11
requirements include, without limitation, any permitting process such 12
as a binding site plan under RCW 58.17.035 or hearing examiner 13
proceeding under RCW 35A.63.170. 14
(3) Chapter 58.17 RCW does not apply to the creation of a 15
condominium or a cooperative. This chapter must not be construed to 16
permit the creation of a condominium or cooperative or miscellaneous 17
community on a lot, tract, or parcel of land that could not be sold 18
or transferred without violating chapter 58.17 RCW.19
(4) Except as provided in subsections (1), (2), and (3) of this 20
section, this chapter does not invalidate or modify any provision of 21
any building, zoning, subdivision, or other statute, ordinance, rule, 22
or regulation governing the use of real estate. 23
(5) This section does not prohibit a county legislative authority 24
from requiring the review and approval of declarations and amendments 25
to declarations and of termination agreements executed pursuant to 26
RCW 64.90.290(2) by the county assessor solely for the purpose of 27
allocating the assessed value and property taxes. The review by the 28
assessor must be done in a reasonable and timely manner.29
Sec. 5. RCW 36.70B.080 and 2023 c 338 s 7 are each amended to 30
read as follows: 31
(1)(a) Development regulations adopted pursuant to RCW 36.70A.040 32
must establish and implement time periods for local government 33
actions for each type of project permit application and provide 34
timely and predictable procedures to determine whether a completed 35
project permit application meets the requirements of those 36
development regulations. The time periods for local government 37
actions for each type of complete project permit application or 38
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project type ((should)) may not exceed those specified in this 1
section. 2
(b) For project permits submitted after January 1, 2025, the 3
development regulations must, for each type of permit application, 4
specify the contents of a completed project permit application 5
necessary for the complete compliance with the time periods and 6
procedures. 7
(c) A jurisdiction may exclude certain permit types and timelines 8
for processing project permit applications as provided for in RCW 9
36.70B.140. 10
(d) The time periods for local government action to issue a final 11
decision for each type of complete project permit application or 12
project type subject to this chapter should not exceed the following 13
time periods unless modified by the local government pursuant to this 14
section or RCW 36.70B.140: 15
(i) For project permits which do not require public notice under 16
RCW 36.70B.110, a local government must issue a final decision within 17
65 days of the determination of completeness under RCW 36.70B.070;18
(ii) For project permits which require public notice under RCW 19
36.70B.110, a local government must issue a final decision within 100 20
days of the determination of completeness under RCW 36.70B.070; and21
(iii) For project permits which require public notice under RCW 22
36.70B.110 and a public hearing, a local government must issue a 23
final decision within 170 days of the determination of completeness 24
under RCW 36.70B.070. 25
(e) A jurisdiction may modify the provisions in (d) of this 26
subsection to add permit types not identified, change the permit 27
names or types in each category, address how consolidated review time 28
periods may be different than permits submitted individually, and 29
provide for how projects of a certain size or type may be 30
differentiated, including by differentiating between ((residential 31
and nonresidential)) permits that include a residential land use as a 32
principal use of the land and permits that do not . Unless otherwise 33
provided for the consolidated review of more than one permit, the 34
time period for a final decision shall be the longest of the permit 35
time periods identified in (d) of this subsection or as amended by a 36
local government. 37
(f) If a local government does not adopt an ordinance or 38
resolution modifying the provisions in (d) of this subsection, the 39
time periods in (d) of this subsection apply. 40
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(g) The number of days an application is in review with the 1
county or city shall be calculated from the day completeness is 2
determined under RCW 36.70B.070 to the date a final decision is 3
issued on the project permit application. The number of days shall be 4
calculated by counting every calendar day and excluding the following 5
time periods: 6
(i) Any period between the day that the county or city has 7
notified the applicant, in writing, that additional information is 8
required to further process the application and the day when 9
responsive information is resubmitted by the applicant;10
(ii) Any period after an applicant informs the local government, 11
in writing, that they would like to temporarily suspend review of the 12
project permit application until the time that the applicant notifies 13
the local government, in writing, that they would like to resume the 14
application. A local government may set conditions for the temporary 15
suspension of a permit application; and 16
(iii) Any period after an administrative appeal is filed until 17
the administrative appeal is resolved and any additional time period 18
provided by the administrative appeal has expired.19
(h) The time periods for a local government to process a permit 20
shall start over if an applicant proposes a change in use that adds 21
or removes commercial or residential elements from the original 22
application that would make the application fail to meet the 23
determination of procedural completeness for the new use, as required 24
by the local government under RCW 36.70B.070. 25
(i) If, at any time, an applicant informs the local government, 26
in writing, that the applicant would like to temporarily suspend the 27
review of the project for more than 60 days, or if an applicant is 28
not responsive for more than 60 consecutive days after the county or 29
city has notified the applicant, in writing, that additional 30
information is required to further process the application, an 31
additional 30 days may be added to the time periods for local 32
government action to issue a final decision for each type of project 33
permit that is subject to this chapter. Any written notice from the 34
local government to the applicant that additional information is 35
required to further process the application must include a notice 36
that nonresponsiveness for 60 consecutive days may result in 30 days 37
being added to the time for review. For the purposes of this 38
subsection, "nonresponsiveness" means that an applicant is not making 39
demonstrable progress on providing additional requested information 40
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to the local government, or that there is no ongoing communication 1
from the applicant to the local government on the applicant's ability 2
or willingness to provide the additional information.3
(j) Annual amendments to the comprehensive plan are not subject 4
to the requirements of this section. 5
(k) A county's or city's adoption of a resolution or ordinance to 6
implement this subsection shall not be subject to appeal under 7
chapter 36.70A RCW unless the resolution or ordinance modifies the 8
time periods provided in (d) of this subsection by providing for a 9
review period of more than 170 days for any project permit.10
(l)(i) When permit time periods provided for in (d) of this 11
subsection, as may be amended by a local government, and as may be 12
extended as provided for in (i) of this subsection, are not met, a 13
portion of the permit fee must be refunded to the applicant as 14
provided in this subsection. A local government may provide for the 15
collection of only 80 percent of a permit fee initially, and for the 16
collection of the remaining balance if the permitting time periods 17
are met. The portion of the fee refunded for missing time periods 18
shall be: 19
(A) 10 percent if the final decision of the project permit 20
application was made after the applicable deadline but the period 21
from the passage of the deadline to the time of issuance of the final 22
decision did not exceed 20 percent of the original time period; or23
(B) 20 percent if the period from the passage of the deadline to 24
the time of the issuance of the final decision exceeded 20 percent of 25
the original time period. 26
(ii) Except as provided in RCW 36.70B.160, the provisions in 27
((subsection (l)))(i) of this ((section)) subsection are not 28
applicable to cities and counties which have implemented at least 29
three of the options in RCW 36.70B.160(1) (a) through (j) at the time 30
an application is deemed procedurally complete. 31
(2)(a) Counties subject to the requirements of RCW 36.70A.215 and 32
the cities within those counties that have populations of at least 33
20,000 must, for each type of permit application, identify the total 34
number of project permit applications for which decisions are issued 35
according to the provisions of this chapter. For each type of project 36
permit application identified, these counties and cities must 37
establish and implement a deadline for issuing a notice of final 38
decision as required by subsection (1) of this section and minimum 39
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requirements for applications to be deemed complete under RCW 1
36.70B.070 as required by subsection (1) of this section.2
(b) Counties and cities subject to the requirements of this 3
subsection also must prepare an annual performance report that 4
includes information outlining time periods for certain permit types 5
associated with housing. The report must provide: 6
(i) Permit time periods for certain permit processes in the 7
county or city in relation to those established under this section, 8
including whether the county or city has established shorter time 9
periods than those provided in this section; 10
(ii) The total number of decisions issued during the year for the 11
following permit types: Preliminary subdivisions, final subdivisions, 12
binding site plans, permit processes associated with the approval of 13
multifamily housing, and construction plan review for each of these 14
permit types when submitted separately; 15
(iii) The total number of decisions for each permit type which 16
included consolidated project permit review, such as concurrent 17
review of a rezone or construction plans; 18
(iv) The average number of days from a submittal to a decision 19
being issued for the project permit types listed in subsection 20
(((2)(a)(ii))) (2)(b)(ii) of this section. This shall be calculated 21
from the day completeness is determined under RCW 36.70B.070 to the 22
date a decision is issued on the application. The number of days 23
shall be calculated by counting every calendar day;24
(v) The total number of days each project permit application of a 25
type listed in subsection (((2)(a)(ii))) (2)(b)(ii) of this section 26
was in review with the county or city. This shall be calculated from 27
the day completeness is determined under RCW 36.70B.070 to the date a 28
final decision is issued on the application. The number of days shall 29
be calculated by counting every calendar day. The days the 30
application is in review with the county or city does not include the 31
time periods in subsection (((1)(g)(i)-(iii) [(1)(g)(i) through 32
(iii)])) (1)(g)(i) through (iii) of this section; 33
(vi) The total number of days that were excluded from the time 34
period calculation under subsection (((1)(g)(i)-(iii) [(1)(g)(i) 35
through (iii)])) (1)(g)(i) through (iii) of this section for each 36
project permit application of a type listed in subsection 37
(((2)(a)(ii))) (2)(b)(ii) of this section. 38
(c) Counties and cities subject to the requirements of this 39
subsection must: 40
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(i) Post the annual performance report through the county's or 1
city's website; and 2
(ii) Submit the annual performance report to the department of 3
commerce by March 1st each year. 4
(d) No later than July 1st each year, the department of commerce 5
shall publish a report which includes the annual performance report 6
data for each county and city subject to the requirements of this 7
subsection and a list of those counties and cities whose time periods 8
are shorter than those provided for in this section.9
The annual report must also include key metrics and findings from 10
the information collected. 11
(e) The initial annual report required under this subsection must 12
be submitted to the department of commerce by March 1, 2025, and must 13
include information from permitting in 2024. 14
(3) Nothing in this section prohibits a county or city from 15
extending a deadline for issuing a decision for a specific project 16
permit application for any reasonable and certain period of time 17
specified and mutually agreed upon in writing by the applicant and 18
the local government. No local government may require or request an 19
extension of an applicable deadline for issuance of a decision for a 20
specific project permit application as a condition or an option at 21
initial submission of a project permit application.22
(4) Where a specific project permit application proposes a 23
project action to provide one or more residential housing units 24
within the incorporated areas in an urban growth area designated 25
pursuant to RCW 36.70A.110, and an applicable timeline required under 26
this section elapses without a required decision or mutually agreed 27
extension, no city or county subject to the requirements in this 28
section may deny the project permit, nor approve the project permit 29
with conditions or restrictions that have a substantial adverse 30
impact on the viability of the project action or the degree of 31
affordability of the project action, unless at least one of the 32
following conditions is met:33
(a) The project permit application has failed to provide all 34
information that the local government requested within the timelines 35
required by this section, or failed to make all corrections required 36
by applicable law that the local government requested within the 37
timelines required by this section;38
(b) The denial of the project permit, or the approval of the 39
project permit with conditions or restrictions that have a 40
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substantial adverse impact on the viability of the project action or 1
the degree of affordability of the project action, is required in 2
order to comply with specific state or federal law;3
(c) The project permit proposes development or ground disturbance 4
outside an urban growth area, in a critical area, critical area 5
buffer, or in an area where such disturbance is not allowed by the 6
applicable shoreline master program;7
(d) The project permit proposes to site a given land use in an 8
area where that land use is not allowed by the applicable shoreline 9
master program, or where that land use is not allowed by the local 10
jurisdiction's comprehensive plan or its zoning ordinance.11
NEW SECTION. Sec. 6. Section 2 of this act expires January 1, 12
2028.13
NEW SECTION. Sec. 7. Section 3 of this act takes effect January 14
1, 2028.15
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