Multiunit housing/SEPA

AN ACT Relating to a categorical exemption for multiunit housing 1
development within the incorporated areas in an urban growth area 2
under the state environmental policy act; and amending RCW 3
43.21C.229. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
Sec. 1. RCW 43.21C.229 and 2023 c 368 s 1 are each amended to 6
read as follows: 7
(1) The purpose of this section is to accommodate infill and 8
housing development and thereby realize the goals and policies of 9
comprehensive plans adopted according to chapter 36.70A RCW.10
(2) A city or county planning under RCW 36.70A.040 is authorized 11
by this section to establish categorical exemptions from the 12
requirements of this chapter. An exemption may be adopted by a city 13
or county under this subsection if it meets the following criteria:14
(a) It categorically exempts government action related to 15
development proposed to fill in an urban growth area, designated 16
according to RCW 36.70A.110, where current density and intensity of 17
use in the area is roughly equal to or lower than called for in the 18
goals and policies of the applicable comprehensive plan and the 19
development is either: 20
(i) Residential development; 21
S-0666.2
SENATE BILL 5612
State of Washington 69th Legislature 2025 Regular Session
By Senators Salomon, Liias, and Nobles
Read first time 01/31/25. Referred to Committee on Housing.
p. 1 SB 5612
(ii) Mixed-use development; or 1
(iii) Commercial development up to 65,000 square feet, excluding 2
retail development; 3
(b) It does not exempt government action related to development 4
that is inconsistent with the applicable comprehensive plan or would 5
clearly exceed the density or intensity of use called for in the 6
goals and policies of the applicable comprehensive plan;7
(c) The local government considers the specific probable adverse 8
environmental impacts of the proposed action and determines that 9
these specific impacts are adequately addressed by the development 10
regulations or other applicable requirements of the comprehensive 11
plan, subarea plan element of the comprehensive plan, planned action 12
ordinance, or other local, state, or federal rules or laws; and13
(d)(i) The city or county's applicable comprehensive plan was 14
previously subjected to environmental analysis through an 15
environmental impact statement under the requirements of this chapter 16
prior to adoption; or 17
(ii) The city or county has prepared an environmental impact 18
statement that considers the proposed use or density and intensity of 19
use in the area proposed for an exemption under this section.20
(3) All project actions that propose to develop one or more 21
residential housing units within the incorporated areas in an urban 22
growth area designated pursuant to RCW 36.70A.110 or middle housing 23
within the unincorporated areas in an urban growth area designated 24
pursuant to RCW 36.70A.110, and that meet the criteria identified in 25
(a) and (b) of this subsection, are categorically exempt from the 26
requirements of this chapter. For purposes of this section, "middle 27
housing" has the same meaning as in RCW 36.70A.030 as amended by 28
chapter 332, Laws of 2023. Jurisdictions shall satisfy the following 29
criteria prior to the adoption of the categorical exemption under 30
this subsection (3): 31
(a) The city or county shall find that the proposed development 32
is consistent with all development regulations implementing an 33
applicable comprehensive plan adopted according to chapter 36.70A RCW 34
by the jurisdiction in which the development is proposed, with the 35
exception of any development regulation that is inconsistent with 36
applicable provisions of chapter 36.70A RCW; and 37
(b) The city or county has prepared environmental analysis that 38
considers the proposed use or density and intensity of use in the 39
area proposed for an exemption under this section and analyzes 40
p. 2 SB 5612
multimodal transportation impacts, including impacts to neighboring 1
jurisdictions, transit facilities, and the state transportation 2
system. 3
(i) Such environmental analysis shall include documentation that 4
the requirements for environmental analysis, protection, and 5
mitigation for impacts to elements of the environment have been 6
adequately addressed for the development exempted. The requirements 7
may be addressed in locally adopted comprehensive plans, subarea 8
plans, adopted development regulations, other applicable local 9
ordinances and regulations, or applicable state and federal 10
regulations. The city or county must document its consultation with 11
the department of transportation on impacts to state-owned 12
transportation facilities including consideration of whether 13
mitigation is necessary for impacts to transportation facilities.14
(ii) Before finalizing the environmental analysis pursuant to 15
(b)(i) of this subsection (3), the city or county shall provide a 16
minimum of 60 days' notice to affected tribes, relevant state 17
agencies, other jurisdictions that may be impacted, and the public. 18
If a city or county identifies that mitigation measures are necessary 19
to address specific probable adverse impacts, the city or county must 20
address those impacts by requiring mitigation identified in the 21
environmental analysis pursuant to this subsection (3)(b) through 22
locally adopted comprehensive plans, subarea plans, development 23
regulations, or other applicable local ordinances and regulations. 24
Mitigation measures shall be detailed in an associated environmental 25
determination. 26
(iii) The categorical exemption is effective 30 days following 27
action by a city or county pursuant to (b)(ii) of this subsection 28
(3). 29
(4)(a) Until September 30, ((2025)) 2028, all project actions 30
that propose to develop ((one)) two or more residential housing or 31
middle housing units within a city west of the crest of the Cascade 32
mountains with a population of 700,000 or more are categorically 33
exempt from the requirements of this chapter. After September 30, 34
((2025)) 2028, project actions ((that propose to develop one or more 35
residential housing or middle housing units within the city )) may 36
utilize the categorical exemption in subsection (3) of this section.37
(b) Until September 30, 2027, all project actions that propose to 38
develop four or more attached residential housing or middle housing 39
units within the incorporated areas in an urban growth area 40
p. 3 SB 5612
designated pursuant to RCW 36.70A.110 are categorically exempt from 1
the requirements of this chapter. After September 30, 2027, such 2
project actions may utilize the categorical exemption in subsection 3
(3) of this section. 4
(c) In no event may the exemption provided by this subsection (4) 5
be construed to waive or preempt any other duly enacted state or 6
local development regulations, including without limitation any 7
development regulations related to zoning, protection of critical 8
areas or shorelines, protection of cultural resources, endangered 9
species, trees, agricultural or industrial lands, urban separators, 10
utilities or transportation access, or other development standards.11
(d) A city or county must notify any federally recognized tribe 12
that may be impacted by a project action exempt under this subsection 13
(4).14
(5) Any categorical exemption adopted by a city or county under 15
this section applies even if it differs from the categorical 16
exemptions adopted by rule of the department under RCW 17
43.21C.110(1)(a). Nothing in this section shall invalidate 18
categorical exemptions or environmental review procedures adopted by 19
a city or county under a planned action pursuant to RCW 43.21C.440. 20
However, any categorical exemption adopted by a city or county under 21
this section shall be subject to the rules of the department adopted 22
according to RCW 43.21C.110(1)(a) that provide exceptions to the use 23
of categorical exemptions adopted by the department.24
--- END ---
p. 4 SB 5612