Residential development

AN ACT Relating to the development of clear and objective 1
standards, conditions, and procedures for residential development; 2
amending RCW 36.70A.030 and 36.70A.190; reenacting and amending RCW 3
36.70A.280; adding a new section to chapter 36.70A RCW; and creating 4
a new section. 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:6
NEW SECTION. Sec. 1. (1) The department of commerce shall form 7
a stakeholder work group to analyze development regulations that 8
create barriers to housing types, and suggest model codes that 9
contain clear and objective standards, conditions, and procedures.10
(2) The work group shall consist of members representing:11
(a) Cities; 12
(b) Counties; 13
(c) The building industry; 14
(d) The construction trades; 15
(e) The planning profession; 16
(f) The architecture profession; and 17
(g) Organizations advocating for sustainable land use.18
(3) The work group shall help guide implementation of the clear 19
and objective standards, conditions, and procedures, and a model code 20
for residential development required in RCW 36.70A.190.21
S-0969.1
SENATE BILL 5613
State of Washington 69th Legislature 2025 Regular Session
By Senators Salomon, Trudeau, Liias, and Nobles
Read first time 01/31/25. Referred to Committee on Housing.
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NEW SECTION. Sec. 2. A new section is added to chapter 36.70A 1
RCW to read as follows: 2
(1) Except as provided in subsection (2) of this section, a city 3
or county may adopt and apply only clear and objective standards, 4
conditions, and procedures regulating residential development. The 5
standards, conditions, and procedures: 6
(a) May include, but are not limited to, one or more provisions 7
regulating the density, height, bulk, or scale of a development; and8
(b) May not have the effect, either in themselves or 9
cumulatively, of discouraging development through unreasonable cost 10
or delay. 11
(2) In addition to an approval process for residential 12
development based on clear and objective standards, conditions, and 13
procedures as provided in subsection (1) of this section, a city or 14
county may adopt and apply an alternative approval process for 15
applications and permits for residential development based on 16
approval criteria regulating, in whole or in part, appearance or 17
aesthetics that are not clear and objective if: 18
(a) The applicant retains the option of proceeding under the 19
approval process that meets the requirements of subsection (1) of 20
this section; 21
(b) The approval criteria for the alternative approval process 22
comply with this chapter; and 23
(c) The approval criteria for the alternative approval process 24
does not authorize a density of less than the density authorized in 25
the comprehensive plan and that would be authorized under the 26
approval process provided in subsection (1) of this section.27
(3) Subject to subsection (1) of this section, this section does 28
not infringe on the prerogative of a city or county to:29
(a) Set approval standards under which a particular housing type 30
is permitted outright; 31
(b) Impose special conditions upon approval of a specific 32
development proposal; or 33
(c) Establish approval procedures. 34
Sec. 3. RCW 36.70A.030 and 2024 c 152 s 1 are each amended to 35
read as follows: 36
Unless the context clearly requires otherwise, the definitions in 37
this section apply throughout this chapter. 38
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(1) "Active transportation" means forms of pedestrian mobility 1
including walking or running, the use of a mobility assistive device 2
such as a wheelchair, bicycling and cycling irrespective of the 3
number of wheels, and the use of small personal devices such as foot 4
scooters or skateboards. Active transportation includes both 5
traditional and electric assist bicycles and other devices. Planning 6
for active transportation must consider and address accommodation 7
pursuant to the Americans with disabilities act and the distinct 8
needs of each form of active transportation. 9
(2) "Active transportation facilities" means facilities provided 10
for the safety and mobility of active transportation users including, 11
but not limited to, trails, as defined in RCW 47.30.005, sidewalks, 12
bike lanes, shared-use paths, and other facilities in the public 13
right-of-way. 14
(3) "Administrative design review" means a development permit 15
process whereby an application is reviewed, approved, or denied by 16
the planning director or the planning director's designee based 17
solely on objective design and development standards without a public 18
predecision hearing, unless such review is otherwise required by 19
state or federal law, or the structure is a designated landmark or 20
historic district established under a local preservation ordinance. A 21
city may utilize public meetings, hearings, or voluntary review 22
boards to consider, recommend, or approve requests for variances from 23
locally established design review standards. 24
(4) "Adopt a comprehensive land use plan" means to enact a new 25
comprehensive land use plan or to update an existing comprehensive 26
land use plan. 27
(5) "Affordable housing" means, unless the context clearly 28
indicates otherwise, residential housing whose monthly costs, 29
including utilities other than telephone, do not exceed thirty 30
percent of the monthly income of a household whose income is:31
(a) For rental housing, 60 percent of the median household income 32
adjusted for household size, for the county where the household is 33
located, as reported by the United States department of housing and 34
urban development; or 35
(b) For owner-occupied housing, 80 percent of the median 36
household income adjusted for household size, for the county where 37
the household is located, as reported by the United States department 38
of housing and urban development. 39
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(6) "Agricultural land" means land primarily devoted to the 1
commercial production of horticultural, viticultural, floricultural, 2
dairy, apiary, vegetable, or animal products or of berries, grain, 3
hay, straw, turf, seed, Christmas trees not subject to the excise tax 4
imposed by RCW 84.33.100 through 84.33.140, finfish in upland 5
hatcheries, or livestock, and that has long-term commercial 6
significance for agricultural production. 7
(7) "City" means any city or town, including a code city.8
(8) "Comprehensive land use plan," "comprehensive plan," or 9
"plan" means a generalized coordinated land use policy statement of 10
the governing body of a county or city that is adopted pursuant to 11
this chapter. 12
(9) "Cottage housing" means residential units on a lot with a 13
common open space that either: (a) Is owned in common; or (b) has 14
units owned as condominium units with property owned in common and a 15
minimum of 20 percent of the lot size as open space.16
(10) "Courtyard apartments" means attached dwelling units 17
arranged on two or three sides of a yard or court.18
(11) "Critical areas" include the following areas and ecosystems: 19
(a) Wetlands; (b) areas with a critical recharging effect on aquifers 20
used for potable water; (c) fish and wildlife habitat conservation 21
areas; (d) frequently flooded areas; and (e) geologically hazardous 22
areas. "Fish and wildlife habitat conservation areas" does not 23
include such artificial features or constructs as irrigation delivery 24
systems, irrigation infrastructure, irrigation canals, or drainage 25
ditches that lie within the boundaries of and are maintained by a 26
port district or an irrigation district or company.27
(12) "Department" means the department of commerce.28
(13) "Development regulations" or "regulation" means the controls 29
placed on development or land use activities by a county or city, 30
including, but not limited to, zoning ordinances, critical areas 31
ordinances, shoreline master programs, official controls, planned 32
unit development ordinances, subdivision ordinances, and binding site 33
plan ordinances together with any amendments thereto. Development 34
regulations adopted pursuant to this chapter must be clear and 35
objective as defined in this section. In determining whether a 36
development regulation is clear and objective the regulation must be 37
interpreted in a manner that does not inhibit or prohibit either 38
development of middle housing or accessory dwelling or achievement of 39
minimum density requirements under this chapter. A development 40
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regulation does not include a decision to approve a project permit 1
application, as defined in RCW 36.70B.020, even though the decision 2
may be expressed in a resolution or ordinance of the legislative body 3
of the county or city. 4
(14) "Emergency housing" means temporary indoor accommodations 5
for individuals or families who are homeless or at imminent risk of 6
becoming homeless that is intended to address the basic health, food, 7
clothing, and personal hygiene needs of individuals or families. 8
Emergency housing may or may not require occupants to enter into a 9
lease or an occupancy agreement. 10
(15) "Emergency shelter" means a facility that provides a 11
temporary shelter for individuals or families who are currently 12
homeless. Emergency shelter may not require occupants to enter into a 13
lease or an occupancy agreement. Emergency shelter facilities may 14
include day and warming centers that do not provide overnight 15
accommodations. 16
(16) "Environmental justice" means the fair treatment and 17
meaningful involvement of all people regardless of race, color, 18
national origin, or income with respect to development, 19
implementation, and enforcement of environmental laws, regulations, 20
and policies. Environmental justice includes addressing 21
disproportionate environmental and health impacts in all laws, rules, 22
and policies with environmental impacts by prioritizing vulnerable 23
populations and overburdened communities and the equitable 24
distribution of resources and benefits. 25
(17) "Extremely low-income household" means a single person, 26
family, or unrelated persons living together whose adjusted income is 27
at or below thirty percent of the median household income adjusted 28
for household size, for the county where the household is located, as 29
reported by the United States department of housing and urban 30
development. 31
(18) "Forestland" means land primarily devoted to growing trees 32
for long-term commercial timber production on land that can be 33
economically and practically managed for such production, including 34
Christmas trees subject to the excise tax imposed under RCW 84.33.100 35
through 84.33.140, and that has long-term commercial significance. In 36
determining whether forestland is primarily devoted to growing trees 37
for long-term commercial timber production on land that can be 38
economically and practically managed for such production, the 39
following factors shall be considered: (a) The proximity of the land 40
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to urban, suburban, and rural settlements; (b) surrounding parcel 1
size and the compatibility and intensity of adjacent and nearby land 2
uses; (c) long-term local economic conditions that affect the ability 3
to manage for timber production; and (d) the availability of public 4
facilities and services conducive to conversion of forestland to 5
other uses. 6
(19) "Freight rail dependent uses" means buildings and other 7
infrastructure that are used in the fabrication, processing, storage, 8
and transport of goods where the use is dependent on and makes use of 9
an adjacent short line railroad. Such facilities are both urban and 10
rural development for purposes of this chapter. "Freight rail 11
dependent uses" does not include buildings and other infrastructure 12
that are used in the fabrication, processing, storage, and transport 13
of coal, liquefied natural gas, or "crude oil" as defined in RCW 14
90.56.010. 15
(20) "Geologically hazardous areas" means areas that because of 16
their susceptibility to erosion, sliding, earthquake, or other 17
geological events, are not suited to the siting of commercial, 18
residential, or industrial development consistent with public health 19
or safety concerns. 20
(21) "Green infrastructure" means a wide array of natural assets 21
and built structures within an urban growth area boundary, including 22
parks and other areas with protected tree canopy, and management 23
practices at multiple scales that manage wet weather and that 24
maintain and restore natural hydrology by storing, infiltrating, 25
evapotranspiring, and harvesting and using stormwater.26
(22) "Green space" means an area of land, vegetated by natural 27
features such as grass, trees, or shrubs, within an urban context and 28
less than one acre in size that creates public value through one or 29
more of the following attributes: 30
(a) Is accessible to the public; 31
(b) Promotes physical and mental health of residents;32
(c) Provides relief from the urban heat island effects;33
(d) Promotes recreational and aesthetic values;34
(e) Protects streams or water supply; or 35
(f) Preserves visual quality along highway, road, or street 36
corridors. 37
(23) "Long-term commercial significance" includes the growing 38
capacity, productivity, and soil composition of the land for long-39
term commercial production, in consideration with the land's 40
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proximity to population areas, and the possibility of more intense 1
uses of the land. 2
(24) "Low-income household" means a single person, family, or 3
unrelated persons living together whose adjusted income is at or 4
below eighty percent of the median household income adjusted for 5
household size, for the county where the household is located, as 6
reported by the United States department of housing and urban 7
development. 8
(25) "Major transit stop" means: 9
(a) A stop on a high capacity transportation system funded or 10
expanded under the provisions of chapter 81.104 RCW;11
(b) Commuter rail stops; 12
(c) Stops on rail or fixed guideway systems; or13
(d) Stops on bus rapid transit routes, including those stops that 14
are under construction. 15
(26) "Middle housing" means buildings that are compatible in 16
scale, form, and character with single-family houses and contain two 17
or more attached, stacked, or clustered homes including duplexes, 18
triplexes, fourplexes, fiveplexes, sixplexes, townhouses, stacked 19
flats, courtyard apartments, and cottage housing. 20
(27) "Minerals" include gravel, sand, and valuable metallic 21
substances. 22
(28) "Moderate-income household" means a single person, family, 23
or unrelated persons living together whose adjusted income is at or 24
below 120 percent of the median household income adjusted for 25
household size, for the county where the household is located, as 26
reported by the United States department of housing and urban 27
development. 28
(29) "Overburdened community" means a geographic area where 29
vulnerable populations face combined, multiple environmental harms 30
and health impacts, and includes, but is not limited to, highly 31
impacted communities as defined in RCW 19.405.020.32
(30) "Per capita vehicle miles traveled" means the number of 33
miles traveled using cars and light trucks in a calendar year divided 34
by the number of residents in Washington. The calculation of this 35
value excludes vehicle miles driven conveying freight.36
(31) "Permanent supportive housing" is subsidized, leased housing 37
with no limit on length of stay that prioritizes people who need 38
comprehensive support services to retain tenancy and utilizes 39
admissions practices designed to use lower barriers to entry than 40
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would be typical for other subsidized or unsubsidized rental housing, 1
especially related to rental history, criminal history, and personal 2
behaviors. Permanent supportive housing is paired with on-site or 3
off-site voluntary services designed to support a person living with 4
a complex and disabling behavioral health or physical health 5
condition who was experiencing homelessness or was at imminent risk 6
of homelessness prior to moving into housing to retain their housing 7
and be a successful tenant in a housing arrangement, improve the 8
resident's health status, and connect the resident of the housing 9
with community-based health care, treatment, or employment services. 10
Permanent supportive housing is subject to all of the rights and 11
responsibilities defined in chapter 59.18 RCW. 12
(32) "Public facilities" include streets, roads, highways, 13
sidewalks, street and road lighting systems, traffic signals, 14
domestic water systems, storm and sanitary sewer systems, parks and 15
recreational facilities, and schools. 16
(33) "Public services" include fire protection and suppression, 17
law enforcement, public health, education, recreation, environmental 18
protection, and other governmental services. 19
(34) "Recreational land" means land so designated under RCW 20
36.70A.1701 and that, immediately prior to this designation, was 21
designated as agricultural land of long-term commercial significance 22
under RCW 36.70A.170. Recreational land must have playing fields and 23
supporting facilities existing before July 1, 2004, for sports played 24
on grass playing fields. 25
(35) "Rural character" refers to the patterns of land use and 26
development established by a county in the rural element of its 27
comprehensive plan: 28
(a) In which open space, the natural landscape, and vegetation 29
predominate over the built environment; 30
(b) That foster traditional rural lifestyles, rural-based 31
economies, and opportunities to both live and work in rural areas;32
(c) That provide visual landscapes that are traditionally found 33
in rural areas and communities; 34
(d) That are compatible with the use of the land by wildlife and 35
for fish and wildlife habitat; 36
(e) That reduce the inappropriate conversion of undeveloped land 37
into sprawling, low-density development; 38
(f) That generally do not require the extension of urban 39
governmental services; and 40
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(g) That are consistent with the protection of natural surface 1
water flows and groundwater and surface water recharge and discharge 2
areas. 3
(36) "Rural development" refers to development outside the urban 4
growth area and outside agricultural, forest, and mineral resource 5
lands designated pursuant to RCW 36.70A.170. Rural development can 6
consist of a variety of uses and residential densities, including 7
clustered residential development, at levels that are consistent with 8
the preservation of rural character and the requirements of the rural 9
element. Rural development does not refer to agriculture or forestry 10
activities that may be conducted in rural areas. 11
(37) "Rural governmental services" or "rural services" include 12
those public services and public facilities historically and 13
typically delivered at an intensity usually found in rural areas, and 14
may include domestic water systems and fire and police protection 15
services associated with rural development and normally not 16
associated with urban areas. Rural services do not include storm or 17
sanitary sewers, except as otherwise authorized by RCW 36.70A.110(4).18
(38) "Short line railroad" means those railroad lines designated 19
class II or class III by the United States surface transportation 20
board. 21
(39) "Single-family zones" means those zones where single-family 22
detached housing is the predominant land use. 23
(40) "Stacked flat" means dwelling units in a residential 24
building of no more than three stories on a residential zoned lot in 25
which each floor may be separately rented or owned.26
(41) "Townhouses" means buildings that contain three or more 27
attached single-family dwelling units that extend from foundation to 28
roof and that have a yard or public way on not less than two sides.29
(42) "Transportation system" means all infrastructure and 30
services for all forms of transportation within a geographical area, 31
irrespective of the responsible jurisdiction or transportation 32
provider. 33
(43) "Urban governmental services" or "urban services" include 34
those public services and public facilities at an intensity 35
historically and typically provided in cities, specifically including 36
storm and sanitary sewer systems, domestic water systems, street 37
cleaning services, fire and police protection services, public 38
transit services, and other public utilities associated with urban 39
areas and normally not associated with rural areas.40
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(44) "Urban growth" refers to growth that makes intensive use of 1
land for the location of buildings, structures, and impermeable 2
surfaces to such a degree as to be incompatible with the primary use 3
of land for the production of food, other agricultural products, or 4
fiber, or the extraction of mineral resources, rural uses, rural 5
development, and natural resource lands designated pursuant to RCW 6
36.70A.170. A pattern of more intensive rural development, as 7
provided in RCW 36.70A.070(5)(d), is not urban growth. When allowed 8
to spread over wide areas, urban growth typically requires urban 9
governmental services. "Characterized by urban growth" refers to land 10
having urban growth located on it, or to land located in relationship 11
to an area with urban growth on it as to be appropriate for urban 12
growth. 13
(45) "Urban growth areas" means those areas designated by a 14
county pursuant to RCW 36.70A.110. 15
(46) "Very low-income household" means a single person, family, 16
or unrelated persons living together whose adjusted income is at or 17
below fifty percent of the median household income adjusted for 18
household size, for the county where the household is located, as 19
reported by the United States department of housing and urban 20
development. 21
(47)(a) "Vulnerable populations" means population groups that are 22
more likely to be at higher risk for poor health outcomes in response 23
to environmental harms, due to: (i) Adverse socioeconomic factors, 24
such as unemployment, high housing and transportation costs relative 25
to income, limited access to nutritious food and adequate health 26
care, linguistic isolation, and other factors that negatively affect 27
health outcomes and increase vulnerability to the effects of 28
environmental harms; and (ii) sensitivity factors, such as low birth 29
weight and higher rates of hospitalization. 30
(b) "Vulnerable populations" includes, but is not limited to:31
(i) Racial or ethnic minorities; 32
(ii) Low-income populations; and 33
(iii) Populations disproportionately impacted by environmental 34
harms. 35
(48) "Wetland" or "wetlands" means areas that are inundated or 36
saturated by surface water or groundwater at a frequency and duration 37
sufficient to support, and that under normal circumstances do 38
support, a prevalence of vegetation typically adapted for life in 39
saturated soil conditions. Wetlands generally include swamps, 40
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marshes, bogs, and similar areas. Wetlands do not include those 1
artificial wetlands intentionally created from nonwetland sites, 2
including, but not limited to, irrigation and drainage ditches, 3
grass-lined swales, canals, detention facilities, wastewater 4
treatment facilities, farm ponds, and landscape amenities, or those 5
wetlands created after July 1, 1990, that were unintentionally 6
created as a result of the construction of a road, street, or 7
highway. Wetlands may include those artificial wetlands intentionally 8
created from nonwetland areas created to mitigate conversion of 9
wetlands. 10
(49) "Wildland urban interface" means the geographical area where 11
structures and other human development meets or intermingles with 12
wildland vegetative fuels. 13
(50) "Clear and objective" means standards, conditions, and 14
procedures adopted pursuant to this chapter that must establish 15
clear, objective, ascertainable, and uniform guidelines so that 16
interpretation is not left solely to the ad hoc, subjective 17
discretion of administrative bodies or local officials. A clear and 18
objective standard, condition, or procedure: (a) Must include one or 19
more ascertainable guideline, standard, or criterion by which an 20
applicant can determine whether a given proposal is permissible under 21
the standard, condition, or procedure; (b) may not result in a 22
reduction in density, height, bulk, or scale below the generally 23
applicable development regulations for a development proposal in the 24
applicable zone; and (c) may provide discretion to administrative 25
bodies or local officials but must include objective criteria for how 26
that discretion is to be exercised.27
Sec. 4. RCW 36.70A.190 and 2023 c 228 s 9 are each amended to 28
read as follows: 29
(1) The department shall establish a program of technical and 30
financial assistance and incentives to counties and cities to 31
encourage and facilitate the adoption and implementation of 32
comprehensive plans and development regulations throughout the state.33
(2) The department shall develop a priority list and establish 34
funding levels for planning and technical assistance grants both for 35
counties and cities that plan under RCW 36.70A.040. Priority for 36
assistance shall be based on a county's or city's population growth 37
rates, commercial and industrial development rates, the existence and 38
quality of a comprehensive plan and development regulations, the 39
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presence of overburdened communities, and other relevant factors. The 1
department shall establish funding levels for grants to community-2
based organizations for the specific purpose of advancing 3
participation of vulnerable populations and overburdened communities 4
in the planning process. 5
(3) The department shall develop and administer a grant program 6
to provide direct financial assistance to counties and cities for the 7
preparation of comprehensive plans under this chapter. The department 8
may establish provisions for county and city matching funds to 9
conduct activities under this subsection. Grants may be expended for 10
any purpose directly related to the preparation of a county or city 11
comprehensive plan as the county or city and the department may 12
agree, including, without limitation, the conducting of surveys, 13
inventories and other data gathering and management activities, the 14
retention of planning consultants, contracts with regional councils 15
for planning and related services, and other related purposes.16
(4) The department shall establish a program of technical 17
assistance: 18
(a) Utilizing department staff, the staff of other state 19
agencies, and the technical resources of counties and cities to help 20
in the development of comprehensive plans required under this 21
chapter. The technical assistance may include, but not be limited to, 22
model land use ordinances, regional education and training programs, 23
and information for local and regional inventories; and24
(b) Adopting by rule procedural criteria to assist counties and 25
cities in adopting comprehensive plans and development regulations 26
that meet the goals and requirements of this chapter. These criteria 27
shall reflect regional and local variations and the diversity that 28
exists among different counties and cities that plan under this 29
chapter. 30
(5) The department shall provide mediation services to resolve 31
disputes between counties and cities regarding, among other things, 32
coordination of regional issues and designation of urban growth 33
areas. 34
(6) The department shall provide services to facilitate the 35
timely resolution of disputes between a federally recognized Indian 36
tribe and a city or county. 37
(a) A federally recognized Indian tribe may request the 38
department to provide facilitation services to resolve issues of 39
concern with a proposed comprehensive plan and its development 40
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regulations, or any amendment to the comprehensive plan and its 1
development regulations. 2
(b) Upon receipt of a request from a tribe, the department shall 3
notify the city or county of the request and offer to assist in 4
providing facilitation services to encourage resolution before 5
adoption of the proposed comprehensive plan. Upon receipt of the 6
notice from the department, the city or county must delay any final 7
action to adopt any comprehensive plan or any amendment or its 8
development regulations for at least 60 days. The tribe and the city 9
or county may jointly agree to extend this period by notifying the 10
department. A county or city must not be penalized for noncompliance 11
under this chapter due to any delays associated with this process.12
(c) Upon receipt of a request, the department shall provide 13
comments to the county or city including a summary and supporting 14
materials regarding the tribe's concerns. The county or city may 15
either agree to amend the comprehensive plan as requested consistent 16
with the comments from the department, or enter into a facilitated 17
process with the tribe, which must be arranged by the department 18
using a suitable expert to be paid by the department. This 19
facilitated process may also extend the 60-day delay of adoption, 20
upon agreement of the tribe and the city or county.21
(d) At the end of the 60-day period, unless by agreement there is 22
an extension of the 60-day period, the city or county may proceed 23
with adoption of the proposed comprehensive plan and development 24
regulations. The facilitator shall write a report of findings 25
describing the basis for agreements or disagreements that occurred 26
during the process that are allowed to be disclosed by the parties 27
and the resulting agreed-upon elements of the plan to be amended.28
(7) The department shall provide planning grants to enhance 29
citizen participation under RCW 36.70A.140. 30
(8) The department shall develop, in collaboration with the 31
department of ecology, the department of fish and wildlife, the 32
department of natural resources, the department of health, the 33
emergency management division of the military department, as well as 34
any federally recognized tribe who chooses to voluntarily 35
participate, and adopt by rule guidance that creates a model climate 36
change and resiliency element that may be used by counties, cities, 37
and multiple-county planning regions for developing and implementing 38
climate change and resiliency plans and policies required by RCW 39
36.70A.070(9), subject to the following provisions:40
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(a) The model element must establish minimum requirements, and 1
may include model options or voluntary cross-jurisdictional 2
strategies, or both, for fulfilling the requirements of RCW 3
36.70A.070(9); 4
(b) The model element should provide guidance on identifying, 5
designing, and investing in infrastructure that supports community 6
resilience to climate impacts, including the protection, restoration, 7
and enhancement of natural infrastructure as well as traditional 8
infrastructure and protecting and enhancing natural areas to foster 9
resiliency to climate impacts, as well as areas of vital habitat for 10
safe passage and species migration; 11
(c) The model element should provide guidance on identifying and 12
addressing natural hazards created or aggravated by climate change, 13
including sea level rise, landslides, flooding, drought, heat, smoke, 14
wildfires, and other effects of reasonably anticipated changes to 15
temperature and precipitation patterns; and 16
(d) The rule must recognize and promote as many cobenefits of 17
climate resilience as possible such as climate change mitigation, 18
salmon recovery, forest health, ecosystem services, and socioeconomic 19
health and resilience. 20
(9) The department must develop and adopt by rule clear and 21
objective standards, conditions, and procedures, and a model code 22
that meets the requirements of section 2 of this act. The clear and 23
objective standards, conditions, and procedures should focus on 24
development regulations and processes, give applicants 25
predictability, and provide uniformity across jurisdictions.26
Sec. 5. RCW 36.70A.280 and 2023 c 334 s 7, 2023 c 332 s 6, and 27
2023 c 228 s 7 are each reenacted and amended to read as follows:28
(1) The growth management hearings board shall hear and determine 29
only those petitions alleging either: 30
(a) That, except as provided otherwise by this subsection, a 31
state agency, county, or city planning under this chapter is not in 32
compliance with the requirements of this chapter, chapter 90.58 RCW 33
as it relates to the adoption of shoreline master programs or 34
amendments thereto, or chapter 43.21C RCW as it relates to plans, 35
development regulations, or amendments, adopted under RCW 36.70A.040 36
or chapter 90.58 RCW. Nothing in this subsection authorizes the board 37
to hear petitions alleging noncompliance based on a city or county's 38
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actions taken to implement the requirements of RCW 36.70A.680 and 1
36.70A.681 within an urban growth area; 2
(b) That the 20-year growth management planning population 3
projections adopted by the office of financial management pursuant to 4
RCW 43.62.035 should be adjusted; 5
(c) That the approval of a work plan adopted under RCW 6
36.70A.735(1)(a) is not in compliance with the requirements of the 7
program established under RCW 36.70A.710; 8
(d) That regulations adopted under RCW 36.70A.735(1)(b) are not 9
regionally applicable and cannot be adopted, wholly or partially, by 10
another jurisdiction; 11
(e) That a department certification under RCW 36.70A.735(1)(c) is 12
erroneous; 13
(f) That the department's final decision to approve or reject a 14
proposed greenhouse gas emissions reduction subelement or amendments 15
by a local government planning under RCW 36.70A.040 was not in 16
compliance with the joint guidance issued by the department pursuant 17
to RCW 70A.45.120; ((or))18
(g) That the department's final decision to approve or reject 19
actions by a city implementing RCW 36.70A.635 is clearly erroneous;20
(h) That a clear and objective model ordinance developed by the 21
department under RCW 36.70A.190(9) and adopted by a county or city is 22
not in compliance with the goals and requirements of this chapter. In 23
reaching its determination, the board shall give substantial weight 24
to the department's expertise; or25
(i) That a clear and objective model ordinance adopted by a 26
county or city pursuant to section 2 of this act is not consistent 27
with the department's clear and objective model ordinance under RCW 28
36.70A.190(9). 29
(2) A petition may be filed only by: (a) The state, or a county 30
or city that plans under this chapter; (b) a person who has 31
participated orally or in writing before the county or city regarding 32
the matter on which a review is being requested; (c) a person who is 33
certified by the governor within 60 days of filing the request with 34
the board; or (d) a person qualified pursuant to RCW 34.05.530.35
(3) For purposes of this section "person" means any individual, 36
partnership, corporation, association, state agency, governmental 37
subdivision or unit thereof, or public or private organization or 38
entity of any character. 39
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(4) To establish participation standing under subsection (2)(b) 1
of this section, a person must show that his or her participation 2
before the county or city was reasonably related to the person's 3
issue as presented to the board. 4
(5) When considering a possible adjustment to a growth management 5
planning population projection prepared by the office of financial 6
management, the board shall consider the implications of any such 7
adjustment to the population forecast for the entire state.8
The rationale for any adjustment that is adopted by the board 9
must be documented and filed with the office of financial management 10
within ten working days after adoption. 11
If adjusted by the board, a county growth management planning 12
population projection shall only be used for the planning purposes 13
set forth in this chapter and shall be known as the "board adjusted 14
population projection." None of these changes shall affect the 15
official state and county population forecasts prepared by the office 16
of financial management, which shall continue to be used for state 17
budget and planning purposes. 18
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