Water & sewage system access

AN ACT Relating to making it possible for more properties to have 1
access to water, storm drains, and sanitary sewage systems; amending 2
RCW 36.70A.070, 36.70A.110, 36.70A.320, 36.93.100, and 36.93.105; and 3
creating a new section. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
NEW SECTION. Sec. 1. The legislature finds that there needs to 6
be increased flexibility in extending publicly provided water, sewer, 7
and stormwater facilities beyond municipal and urban growth 8
boundaries when there are environmental or health harms from the lack 9
of those utilities, extension will not foster urban growth, and the 10
affected communities and governmental bodies determine it is 11
economically feasible and prudent.12
Sec. 2. RCW 36.70A.070 and 2024 c 135 s 1 are each amended to 13
read as follows: 14
The comprehensive plan of a county or city that is required or 15
chooses to plan under RCW 36.70A.040 shall consist of a map or maps, 16
and descriptive text covering objectives, principles, and standards 17
used to develop the comprehensive plan. The plan shall be an 18
internally consistent document and all elements shall be consistent 19
with the future land use map. A comprehensive plan shall be adopted 20
S-1053.1
SENATE BILL 5660
State of Washington 69th Legislature 2025 Regular Session
By Senators Goehner, Torres, Warnick, and Dozier
Read first time 02/04/25. Referred to Committee on Local Government.
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and amended with public participation as provided in RCW 36.70A.140. 1
Each comprehensive plan shall include a plan, scheme, or design for 2
each of the following: 3
(1) A land use element designating the proposed general 4
distribution and general location and extent of the uses of land, 5
where appropriate, for agriculture, timber production, housing, 6
commerce, industry, recreation, open spaces and green spaces, urban 7
and community forests within the urban growth area, general aviation 8
airports, public utilities, public facilities, and other land uses. 9
The land use element shall include population densities, building 10
intensities, and estimates of future population growth. The land use 11
element shall provide for protection of the quality and quantity of 12
groundwater used for public water supplies. The land use element must 13
give special consideration to achieving environmental justice in its 14
goals and policies, including efforts to avoid creating or worsening 15
environmental health disparities. Wherever possible, the land use 16
element should consider utilizing urban planning approaches that 17
promote physical activity and reduce per capita vehicle miles 18
traveled within the jurisdiction, but without increasing greenhouse 19
gas emissions elsewhere in the state. Where applicable, the land use 20
element shall review drainage, flooding, and stormwater runoff in the 21
area and nearby jurisdictions and provide guidance for corrective 22
actions to mitigate or cleanse those discharges that pollute waters 23
of the state, including Puget Sound or waters entering Puget Sound. 24
The land use element must reduce and mitigate the risk to lives and 25
property posed by wildfires by using land use planning tools, which 26
may include, but are not limited to, adoption of portions or all of 27
the wildland urban interface code developed by the international code 28
council or developing building and maintenance standards consistent 29
with the firewise USA program or similar program designed to reduce 30
wildfire risk, reducing wildfire risks to residential development in 31
high risk areas and the wildland urban interface area, separating 32
human development from wildfire prone landscapes, and protecting 33
existing residential development and infrastructure through community 34
wildfire preparedness and fire adaptation measures.35
(2) A housing element ensuring the vitality and character of 36
established residential neighborhoods that: 37
(a) Includes an inventory and analysis of existing and projected 38
housing needs that identifies the number of housing units necessary 39
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to manage projected growth, as provided by the department of 1
commerce, including: 2
(i) Units for moderate, low, very low, and extremely low-income 3
households; and 4
(ii) Emergency housing, emergency shelters, and permanent 5
supportive housing; 6
(b) Includes a statement of goals, policies, objectives, and 7
mandatory provisions for the preservation, improvement, and 8
development of housing, including single-family residences, and 9
within an urban growth area boundary, moderate density housing 10
options including, but not limited to, duplexes, triplexes, and 11
townhomes; 12
(c) Identifies sufficient capacity of land for housing including, 13
but not limited to, government-assisted housing, housing for 14
moderate, low, very low, and extremely low-income households, 15
manufactured housing, multifamily housing, group homes, foster care 16
facilities, emergency housing, emergency shelters, permanent 17
supportive housing, and within an urban growth area boundary, 18
consideration of duplexes, triplexes, and townhomes;19
(d) Makes adequate provisions for existing and projected needs of 20
all economic segments of the community, including:21
(i) Incorporating consideration for low, very low, extremely low, 22
and moderate-income households; 23
(ii) Documenting programs and actions needed to achieve housing 24
availability including gaps in local funding, barriers such as 25
development regulations, and other limitations; 26
(iii) Consideration of housing locations in relation to 27
employment location; and 28
(iv) Consideration of the role of accessory dwelling units in 29
meeting housing needs; 30
(e) Identifies local policies and regulations that result in 31
racially disparate impacts, displacement, and exclusion in housing, 32
including: 33
(i) Zoning that may have a discriminatory effect;34
(ii) Disinvestment; and 35
(iii) Infrastructure availability; 36
(f) Identifies and implements policies and regulations to address 37
and begin to undo racially disparate impacts, displacement, and 38
exclusion in housing caused by local policies, plans, and actions;39
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(g) Identifies areas that may be at higher risk of displacement 1
from market forces that occur with changes to zoning development 2
regulations and capital investments; and 3
(h) Establishes antidisplacement policies, with consideration 4
given to the preservation of historical and cultural communities as 5
well as investments in low, very low, extremely low, and moderate-6
income housing; equitable development initiatives; inclusionary 7
zoning; community planning requirements; tenant protections; land 8
disposition policies; and consideration of land that may be used for 9
affordable housing. 10
In counties and cities subject to the review and evaluation 11
requirements of RCW 36.70A.215, any revision to the housing element 12
shall include consideration of prior review and evaluation reports 13
and any reasonable measures identified. The housing element should 14
link jurisdictional goals with overall county goals to ensure that 15
the housing element goals are met. 16
The adoption of ordinances, development regulations and 17
amendments to such regulations, and other nonproject actions taken by 18
a city that is required or chooses to plan under RCW 36.70A.040 that 19
increase housing capacity, increase housing affordability, and 20
mitigate displacement as required under this subsection (2) and that 21
apply outside of critical areas are not subject to administrative or 22
judicial appeal under chapter 43.21C RCW unless the adoption of such 23
ordinances, development regulations and amendments to such 24
regulations, or other nonproject actions has a probable significant 25
adverse impact on fish habitat. 26
(3) A capital facilities plan element consisting of: (a) An 27
inventory of existing capital facilities owned by public entities, 28
including green infrastructure, showing the locations and capacities 29
of the capital facilities; (b) a forecast of the future needs for 30
such capital facilities; (c) the proposed locations and capacities of 31
expanded or new capital facilities; (d) at least a six-year plan that 32
will finance such capital facilities within projected funding 33
capacities and clearly identifies sources of public money for such 34
purposes; and (e) a requirement to reassess the land use element if 35
probable funding falls short of meeting existing needs and to ensure 36
that the land use element, capital facilities plan element, and 37
financing plan within the capital facilities plan element are 38
coordinated and consistent. Park and recreation facilities shall be 39
included in the capital facilities plan element. 40
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The county or city shall identify all public entities that own 1
capital facilities and endeavor in good faith to work with other 2
public entities, such as special purpose districts, to gather and 3
include within its capital facilities element the information 4
required by this subsection. If, after a good faith effort, the 5
county or city is unable to gather the information required by this 6
subsection from the other public entities, the failure to include 7
such information in its capital facilities element cannot be grounds 8
for a finding of noncompliance or invalidity under chapter 228, Laws 9
of 2023. A good faith effort must, at a minimum, include consulting 10
the public entity's capital facility or system plans and emailing and 11
calling the staff of the public entity. 12
(4)(a) A utilities element consisting of the general location, 13
proposed location, and capacity of all existing and proposed 14
utilities including, but not limited to, electrical, 15
telecommunications, and natural gas systems. 16
(b) The county or city shall identify all public entities that 17
own utility systems and endeavor in good faith to work with other 18
public entities, such as special purpose districts, to gather and 19
include within its utilities element the information required in (a) 20
of this subsection. However, if, after a good faith effort, the 21
county or city is unable to gather the information required in (a) of 22
this subsection from the other public entities, the failure to 23
include such information in the utilities element shall not be 24
grounds for a finding of noncompliance or invalidity under chapter 25
228, Laws of 2023. A good faith effort must, at a minimum, include 26
consulting the public entity's capital facility or system plans, and 27
emailing and calling the staff of the public entity.28
(5) Rural element. Counties shall include a rural element 29
including lands that are not designated for urban growth, 30
agriculture, forest, or mineral resources. The following provisions 31
shall apply to the rural element: 32
(a) Growth management act goals and local circumstances. Because 33
circumstances vary from county to county, in establishing patterns of 34
rural densities and uses, a county may consider local circumstances, 35
but shall develop a written record explaining how the rural element 36
harmonizes the planning goals in RCW 36.70A.020 and meets the 37
requirements of this chapter. 38
(b) Rural development. The rural element shall permit rural 39
development, forestry, and agriculture in rural areas. The rural 40
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element shall provide for a variety of rural densities, uses, 1
essential public facilities, and rural governmental services needed 2
to serve the permitted densities and uses. To achieve a variety of 3
rural densities and uses, counties may provide for clustering, 4
density transfer, design guidelines, conservation easements, and 5
other innovative techniques that will accommodate appropriate rural 6
economic advancement, densities, and uses that are not characterized 7
by urban growth and that are consistent with rural character.8
(c) Measures governing rural development. The rural element shall 9
include measures that apply to rural development and protect the 10
rural character of the area, as established by the county, by:11
(i) Containing or otherwise controlling rural development;12
(ii) Assuring visual compatibility of rural development with the 13
surrounding rural area; 14
(iii) Reducing the inappropriate conversion of undeveloped land 15
into sprawling, low-density development in the rural area;16
(iv) Protecting critical areas, as provided in RCW 36.70A.060, 17
and surface water and groundwater resources; and 18
(v) Protecting against conflicts with the use of agricultural, 19
forest, and mineral resource lands designated under RCW 36.70A.170.20
(d) Limited areas of more intensive rural development. Subject to 21
the requirements of this subsection and except as otherwise 22
specifically provided in this subsection (5)(d), the rural element 23
may allow for limited areas of more intensive rural development, 24
including necessary public facilities and public services to serve 25
the limited area as follows: 26
(i) Rural development consisting of the infill, development, or 27
redevelopment of existing commercial, industrial, residential, or 28
mixed-use areas, whether characterized as shoreline development, 29
villages, hamlets, rural activity centers, or crossroads 30
developments. 31
(A) A commercial, industrial, residential, shoreline, or mixed-32
use area are subject to the requirements of (d)(iv) of this 33
subsection, but are not subject to the requirements of (c)(ii) and 34
(iii) of this subsection. 35
(B) Any development or redevelopment other than an industrial 36
area or an industrial use within a mixed-use area or an industrial 37
area under this subsection (5)(d)(i) must be principally designed to 38
serve the existing and projected rural population.39
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(C) Any development or redevelopment in terms of building size, 1
scale, use, or intensity may be permitted subject to confirmation 2
from all existing providers of public facilities and public services 3
of sufficient capacity of existing public facilities and public 4
services to serve any new or additional demand from the new 5
development or redevelopment while also meeting the needs of the 6
people in those communities, including access to domestic water, 7
storm, and sanitary sewer systems that are feasible and affordable 8
for the location . Development and redevelopment may include changes 9
in use from vacant land or a previously existing use so long as the 10
new use conforms to the requirements of this subsection (5) and is 11
consistent with the local character. Any commercial development or 12
redevelopment within a mixed-use area must be principally designed to 13
serve the existing and projected rural population and must meet the 14
following requirements: 15
(I) Any included retail or food service space must not exceed the 16
footprint of previously occupied space or 5,000 square feet, 17
whichever is greater, for the same or similar use, unless the retail 18
space is for an essential rural retail service and the designated 19
limited area is located at least 10 miles from an existing urban 20
growth area, then the retail space must not exceed the footprint of 21
the previously occupied space or 10,000 square feet, whichever is 22
greater; and 23
(II) Any included retail or food service space must not exceed 24
2,500 square feet for a new use, unless the new retail space is for 25
an essential rural retail service and the designated limited area is 26
located at least 10 miles from an existing urban growth area, then 27
the new retail space must not exceed 10,000 square feet;28
For the purposes of this subsection (5)(d), "essential rural 29
retail services" means services including grocery, pharmacy, 30
hardware, automotive parts, and similar uses that sell or provide 31
products necessary for health and safety, such as food, medication, 32
sanitation supplies, and products to maintain habitability and 33
mobility; 34
(ii) The intensification of development on lots containing, or 35
new development of, small-scale recreational or tourist uses, 36
including commercial facilities to serve those recreational or 37
tourist uses, that rely on a rural location and setting, but that do 38
not include new residential development. A small-scale recreation or 39
tourist use is not required to be principally designed to serve the 40
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existing and projected rural population. Public services and public 1
facilities shall be limited to those necessary to serve the 2
recreation or tourist use and shall be provided in a manner that does 3
not permit low-density sprawl; 4
(iii) The intensification of development on lots containing 5
isolated nonresidential uses or new development of isolated cottage 6
industries and isolated small-scale businesses that are not 7
principally designed to serve the existing and projected rural 8
population and nonresidential uses, but do provide job opportunities 9
for rural residents. Rural counties may allow the expansion of small-10
scale businesses as long as those small-scale businesses conform with 11
the rural character of the area as defined by the local government 12
according to RCW 36.70A.030(35). Rural counties may also allow new 13
small-scale businesses to utilize a site previously occupied by an 14
existing business as long as the new small-scale business conforms to 15
the rural character of the area as defined by the local government 16
according to RCW 36.70A.030(35). Public services and public 17
facilities shall be limited to those necessary to serve the isolated 18
nonresidential use and shall be provided in a manner that does not 19
permit low-density sprawl; 20
(iv) A county shall adopt measures to minimize and contain the 21
existing areas of more intensive rural development, as appropriate, 22
authorized under this subsection. Lands included in such existing 23
areas shall not extend beyond the logical outer boundary of the 24
existing area, thereby allowing a new pattern of low-density sprawl. 25
Existing areas are those that are clearly identifiable and contained 26
and where there is a logical boundary delineated predominately by the 27
built environment, but that may also include undeveloped lands if 28
limited as provided in this subsection. The county shall establish 29
the logical outer boundary of an area of more intensive rural 30
development. In establishing the logical outer boundary, the county 31
shall address (A) the need to preserve the character of existing 32
natural neighborhoods and communities, (B) physical boundaries, such 33
as bodies of water, streets and highways, and land forms and 34
contours, (C) the prevention of abnormally irregular boundaries, and 35
(D) the ability to provide public facilities and public services in a 36
manner that does not permit low-density sprawl; 37
(v) For purposes of this subsection (5)(d), an existing area or 38
existing use is one that was in existence: 39
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(A) On July 1, 1990, in a county that was initially required to 1
plan under all of the provisions of this chapter; 2
(B) On the date the county adopted a resolution under RCW 3
36.70A.040(2), in a county that is planning under all of the 4
provisions of this chapter under RCW 36.70A.040(2); or5
(C) On the date the office of financial management certifies the 6
county's population as provided in RCW 36.70A.040(5), in a county 7
that is planning under all of the provisions of this chapter pursuant 8
to RCW 36.70A.040(5). 9
(e) Exception. This subsection shall not be interpreted to permit 10
in the rural area a major industrial development or a master planned 11
resort unless otherwise specifically permitted under RCW 36.70A.360 12
and 36.70A.365. 13
(6) A transportation element that implements, and is consistent 14
with, the land use element. 15
(a) The transportation element shall include the following 16
subelements: 17
(i) Land use assumptions used in estimating travel;18
(ii) Estimated multimodal level of service impacts to state-owned 19
transportation facilities resulting from land use assumptions to 20
assist in monitoring the performance of state facilities, to plan 21
improvements for the facilities, and to assess the impact of land-use 22
decisions on state-owned transportation facilities;23
(iii) Facilities and services needs, including:24
(A) An inventory of air, water, and ground transportation 25
facilities and services, including transit alignments, active 26
transportation facilities, and general aviation airport facilities, 27
to define existing capital facilities and travel levels to inform 28
future planning. This inventory must include state-owned 29
transportation facilities within the city or county's jurisdictional 30
boundaries; 31
(B) Multimodal level of service standards for all locally owned 32
arterials, locally and regionally operated transit routes that serve 33
urban growth areas, state-owned or operated transit routes that serve 34
urban areas if the department of transportation has prepared such 35
standards, and active transportation facilities to serve as a gauge 36
to judge performance of the system and success in helping to achieve 37
the goals of this chapter consistent with environmental justice. 38
These standards should be regionally coordinated; 39
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(C) For state-owned transportation facilities, multimodal level 1
of service standards for highways, as prescribed in chapters 47.06 2
and 47.80 RCW, to gauge the performance of the system. The purposes 3
of reflecting multimodal level of service standards for state 4
highways in the local comprehensive plan are to monitor the 5
performance of the system, to evaluate improvement strategies, and to 6
facilitate coordination between the county's or city's six-year 7
street, road, active transportation, or transit program and the 8
office of financial management's ten-year investment program. The 9
concurrency requirements of (b) of this subsection do not apply to 10
transportation facilities and services of statewide significance 11
except for counties consisting of islands whose only connection to 12
the mainland are state highways or ferry routes. In these island 13
counties, state highways and ferry route capacity must be a factor in 14
meeting the concurrency requirements in (b) of this subsection;15
(D) Specific actions and requirements for bringing into 16
compliance transportation facilities or services that are below an 17
established multimodal level of service standard; 18
(E) Forecasts of multimodal transportation demand and needs 19
within cities and urban growth areas, and forecasts of multimodal 20
transportation demand and needs outside of cities and urban growth 21
areas, for at least ten years based on the adopted land use plan to 22
inform the development of a transportation element that balances 23
transportation system safety and convenience to accommodate all users 24
of the transportation system to safely, reliably, and efficiently 25
provide access and mobility to people and goods. Priority must be 26
given to inclusion of transportation facilities and services 27
providing the greatest multimodal safety benefit to each category of 28
roadway users for the context and speed of the facility;29
(F) Identification of state and local system needs to equitably 30
meet current and future demands. Identified needs on state-owned 31
transportation facilities must be consistent with the statewide 32
multimodal transportation plan required under chapter 47.06 RCW. 33
Local system needs should reflect the regional transportation system 34
and local goals, and strive to equitably implement the multimodal 35
network; 36
(G) A transition plan for transportation as required in Title II 37
of the Americans with disabilities act of 1990 (ADA). As a necessary 38
step to a program access plan to provide accessibility under the ADA, 39
state and local government, public entities, and public agencies are 40
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required to perform self-evaluations of their current facilities, 1
relative to accessibility requirements of the ADA. The agencies are 2
then required to develop a program access plan, which can be called a 3
transition plan, to address any deficiencies. The plan is intended to 4
achieve the following: 5
(I) Identify physical obstacles that limit the accessibility of 6
facilities to individuals with disabilities; 7
(II) Describe the methods to be used to make the facilities 8
accessible; 9
(III) Provide a schedule for making the access modifications; and10
(IV) Identify the public officials responsible for implementation 11
of the transition plan; 12
(iv) Finance, including: 13
(A) An analysis of funding capability to judge needs against 14
probable funding resources; 15
(B) A multiyear financing plan based on the needs identified in 16
the comprehensive plan, the appropriate parts of which shall serve as 17
the basis for the six-year street, road, or transit program required 18
by RCW 35.77.010 for cities, RCW 36.81.121 for counties, and RCW 19
35.58.2795 for public transportation systems. The multiyear financing 20
plan should be coordinated with the ten-year investment program 21
developed by the office of financial management as required by RCW 22
47.05.030; 23
(C) If probable funding falls short of meeting the identified 24
needs of the transportation system, including state transportation 25
facilities, a discussion of how additional funding will be raised, or 26
how land use assumptions will be reassessed to ensure that level of 27
service standards will be met; 28
(v) Intergovernmental coordination efforts, including an 29
assessment of the impacts of the transportation plan and land use 30
assumptions on the transportation systems of adjacent jurisdictions;31
(vi) Demand-management strategies; 32
(vii) Active transportation component to include collaborative 33
efforts to identify and designate planned improvements for active 34
transportation facilities and corridors that address and encourage 35
enhanced community access and promote healthy lifestyles.36
(b) After adoption of the comprehensive plan by jurisdictions 37
required to plan or who choose to plan under RCW 36.70A.040, local 38
jurisdictions must adopt and enforce ordinances which prohibit 39
development approval if the development causes the level of service 40
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on a locally owned or locally or regionally operated transportation 1
facility to decline below the standards adopted in the transportation 2
element of the comprehensive plan, unless transportation improvements 3
or strategies to accommodate the impacts of development are made 4
concurrent with the development. These strategies may include active 5
transportation facility improvements, increased or enhanced public 6
transportation service, ride-sharing programs, demand management, and 7
other transportation systems management strategies. For the purposes 8
of this subsection (6), "concurrent with the development" means that 9
improvements or strategies are in place at the time of development, 10
or that a financial commitment is in place to complete the 11
improvements or strategies within six years. If the collection of 12
impact fees is delayed under RCW 82.02.050(3), the six-year period 13
required by this subsection (6)(b) must begin after full payment of 14
all impact fees is due to the county or city. A development proposal 15
may not be denied for causing the level of service on a locally owned 16
or locally or regionally operated transportation facility to decline 17
below the standards adopted in the transportation element of the 18
comprehensive plan where such impacts could be adequately mitigated 19
through active transportation facility improvements, increased or 20
enhanced public transportation service, ride-sharing programs, demand 21
management, or other transportation systems management strategies 22
funded by the development. 23
(c) The transportation element described in this subsection (6), 24
the six-year plans required by RCW 35.77.010 for cities, RCW 25
36.81.121 for counties, and RCW 35.58.2795 for public transportation 26
systems, and the ten-year investment program required by RCW 27
47.05.030 for the state, must be consistent. 28
(7) An economic development element establishing local goals, 29
policies, objectives, and provisions for economic growth and vitality 30
and a high quality of life. A city that has chosen to be a 31
residential community is exempt from the economic development element 32
requirement of this subsection. 33
(8) A park and recreation element that implements, and is 34
consistent with, the capital facilities plan element as it relates to 35
park and recreation facilities. The element shall include: (a) 36
Estimates of park and recreation demand for at least a ten-year 37
period; (b) an evaluation of facilities and service needs; (c) an 38
evaluation of tree canopy coverage within the urban growth area; and 39
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(d) an evaluation of intergovernmental coordination opportunities to 1
provide regional approaches for meeting park and recreational demand.2
(9)(a) A climate change and resiliency element that is designed 3
to result in reductions in overall greenhouse gas emissions and that 4
must enhance resiliency to and avoid the adverse impacts of climate 5
change, which must include efforts to reduce localized greenhouse gas 6
emissions and avoid creating or worsening localized climate impacts 7
to vulnerable populations and overburdened communities.8
(b) The climate change and resiliency element shall include the 9
following subelements: 10
(i) A greenhouse gas emissions reduction subelement;11
(ii) A resiliency subelement. 12
(c) The greenhouse gas emissions reduction subelement of the 13
climate change and resiliency element is mandatory for the 14
jurisdictions specified in RCW 36.70A.095 and is encouraged for all 15
other jurisdictions, including those planning under RCW 36.70A.040 16
and those planning under chapter 36.70 RCW. The resiliency subelement 17
of the climate change and resiliency element is mandatory for all 18
jurisdictions planning under RCW 36.70A.040 and is encouraged for 19
those jurisdictions planning under chapter 36.70 RCW.20
(d)(i) The greenhouse gas emissions reduction subelement of the 21
comprehensive plan, and its related development regulations, must 22
identify the actions the jurisdiction will take during the planning 23
cycle consistent with the guidelines published by the department 24
pursuant to RCW 70A.45.120 that will: 25
(A) Result in reductions in overall greenhouse gas emissions 26
generated by transportation and land use within the jurisdiction but 27
without increasing greenhouse gas emissions elsewhere in the state;28
(B) Result in reductions in per capita vehicle miles traveled 29
within the jurisdiction but without increasing greenhouse gas 30
emissions elsewhere in the state; and 31
(C) Prioritize reductions that benefit overburdened communities 32
in order to maximize the cobenefits of reduced air pollution and 33
environmental justice. 34
(ii) Actions not specifically identified in the guidelines 35
developed by the department pursuant to RCW 70A.45.120 may be 36
considered consistent with these guidelines only if:37
(A) They are projected to achieve greenhouse gas emissions 38
reductions or per capita vehicle miles traveled reductions equivalent 39
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to what would be required of the jurisdiction under the guidelines 1
adopted by the department; and 2
(B) They are supported by scientifically credible projections and 3
scenarios that indicate their adoption is likely to result in 4
reductions of greenhouse gas emissions or per capita vehicle miles 5
traveled. 6
(iii) A jurisdiction may not restrict population growth or limit 7
population allocation in order to achieve the requirements set forth 8
in this subsection (9)(d). 9
(e)(i) The resiliency subelement must equitably enhance 10
resiliency to, and avoid or substantially reduce the adverse impacts 11
of, climate change in human communities and ecological systems 12
through goals, policies, and programs consistent with the best 13
available science and scientifically credible climate projections and 14
impact scenarios that moderate or avoid harm, enhance the resiliency 15
of natural and human systems, and enhance beneficial opportunities. 16
The resiliency subelement must prioritize actions that benefit 17
overburdened communities that will disproportionately suffer from 18
compounding environmental impacts and will be most impacted by 19
natural hazards due to climate change. Specific goals, policies, and 20
programs of the resiliency subelement must include, but are not 21
limited to, those designed to: 22
(A) Identify, protect, and enhance natural areas to foster 23
resiliency to climate impacts, as well as areas of vital habitat for 24
safe passage and species migration; 25
(B) Identify, protect, and enhance community resiliency to 26
climate change impacts, including social, economic, and built 27
environment factors, that support adaptation to climate impacts 28
consistent with environmental justice; and 29
(C) Address natural hazards created or aggravated by climate 30
change, including sea level rise, landslides, flooding, drought, 31
heat, smoke, wildfire, and other effects of changes to temperature 32
and precipitation patterns. 33
(ii) A natural hazard mitigation plan or similar plan that is 34
guided by RCW 36.70A.020(14), that prioritizes actions that benefit 35
overburdened communities, and that complies with the applicable 36
requirements of this chapter, including the requirements set forth in 37
this subsection (9)(e), may be adopted by reference to satisfy these 38
requirements, except that to the extent any of the substantive 39
requirements of this subsection (9)(e) are not addressed, or are 40
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inadequately addressed, in the referenced natural hazard mitigation 1
plan, a county or city must supplement the natural hazard mitigation 2
plan accordingly so that the adopted resiliency subelement complies 3
fully with the substantive requirements of this subsection (9)(e).4
(A) If a county or city intends to adopt by reference a federal 5
emergency management agency natural hazard mitigation plan in order 6
to meet all or part of the substantive requirements set forth in this 7
subsection (9)(e), and the most recently adopted federal emergency 8
management agency natural hazard mitigation plan does not comply with 9
the requirements of this subsection (9)(e), the department may grant 10
the county or city an extension of time in which to submit a natural 11
hazard mitigation plan. 12
(B) Eligibility for an extension under this subsection prior to 13
July 1, 2027, is limited to a city or county required to review and, 14
if needed, revise its comprehensive plan on or before June 30, 2025, 15
as provided in RCW 36.70A.130, or for a city or county with an 16
existing, unexpired federal emergency management agency natural 17
hazard mitigation plan scheduled to expire before December 31, 2024.18
(C) Extension requests after July 1, 2027, may be granted if 19
requirements for the resiliency subelement are amended or added by 20
the legislature or if the department finds other circumstances that 21
may result in a potential finding of noncompliance with a 22
jurisdiction's existing and approved federal emergency management 23
agency natural hazard mitigation plan. 24
(D) A city or county that wishes to request an extension of time 25
must submit a request in writing to the department no later than the 26
date on which the city or county is required to review and, if 27
needed, revise its comprehensive plan as provided in RCW 36.70A.130.28
(E) Upon the submission of such a request to the department, the 29
city or county may have an additional 48 months from the date 30
provided in RCW 36.70A.130 in which to either adopt by reference an 31
updated federal emergency management agency natural hazard mitigation 32
plan or adopt its own natural hazard mitigation plan, and to then 33
submit that plan to the department. 34
(F) The adoption of ordinances, amendments to comprehensive 35
plans, amendments to development regulations, and other nonproject 36
actions taken by a county or city pursuant to (d) of this subsection 37
in order to implement measures specified by the department pursuant 38
to RCW 70A.45.120 are not subject to administrative or judicial 39
appeal under chapter 43.21C RCW. 40
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(10) It is the intent that new or amended elements required after 1
January 1, 2002, be adopted concurrent with the scheduled update 2
provided in RCW 36.70A.130. Requirements to incorporate any such new 3
or amended elements shall be null and void until funds sufficient to 4
cover applicable local government costs are appropriated and 5
distributed by the state at least two years before local government 6
must update comprehensive plans as required in RCW 36.70A.130.7
Sec. 3. RCW 36.70A.110 and 2024 c 26 s 1 are each amended to 8
read as follows: 9
(1) Each county that is required or chooses to plan under RCW 10
36.70A.040 shall designate an urban growth area or areas within which 11
urban growth shall be encouraged and outside of which growth can 12
occur only if it is not urban in nature. Each city that is located in 13
such a county shall be included within an urban growth area. An urban 14
growth area may include more than a single city. An urban growth area 15
may include territory that is located outside of a city only if such 16
territory already is characterized by urban growth whether or not the 17
urban growth area includes a city, or is adjacent to territory 18
already characterized by urban growth, or is a designated new fully 19
contained community as defined by RCW 36.70A.350. When a federally 20
recognized Indian tribe whose reservation or ceded lands lie within 21
the county or city has voluntarily chosen to participate in the 22
planning process pursuant to RCW 36.70A.040, the county or city and 23
the tribe shall coordinate their planning efforts for any areas 24
planned for urban growth consistent with the terms outlined in the 25
memorandum of agreement provided for in RCW 36.70A.040(8).26
(2) Based upon the growth management population projection made 27
for the county by the office of financial management, the county and 28
each city within the county shall include areas and densities 29
sufficient to permit the urban growth that is projected to occur in 30
the county or city for the succeeding twenty-year period, except for 31
those urban growth areas contained totally within a national 32
historical reserve. As part of this planning process, each city 33
within the county must include areas sufficient to accommodate the 34
broad range of needs and uses that will accompany the projected urban 35
growth including, as appropriate, medical, governmental, 36
institutional, commercial, service, retail, and other nonresidential 37
uses. 38
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Each urban growth area shall permit urban densities and shall 1
include greenbelt and open space areas. In the case of urban growth 2
areas contained totally within a national historical reserve, the 3
city may restrict densities, intensities, and forms of urban growth 4
as determined to be necessary and appropriate to protect the 5
physical, cultural, or historic integrity of the reserve. An urban 6
growth area determination may include a reasonable land market supply 7
factor and shall permit a range of urban densities and uses. In 8
determining this market factor, cities and counties may consider 9
local circumstances. Cities and counties have discretion in their 10
comprehensive plans to make many choices about accommodating growth.11
Within one year of July 1, 1990, each county that as of June 1, 12
1991, was required or chose to plan under RCW 36.70A.040, shall begin 13
consulting with each city located within its boundaries and each city 14
shall propose the location of an urban growth area. Within sixty days 15
of the date the county legislative authority of a county adopts its 16
resolution of intention or of certification by the office of 17
financial management, all other counties that are required or choose 18
to plan under RCW 36.70A.040 shall begin this consultation with each 19
city located within its boundaries. The county shall attempt to reach 20
agreement with each city on the location of an urban growth area 21
within which the city is located. If such an agreement is not reached 22
with each city located within the urban growth area, the county shall 23
justify in writing why it so designated the area an urban growth 24
area. A city may object formally with the department over the 25
designation of the urban growth area within which it is located. 26
Where appropriate, the department shall attempt to resolve the 27
conflicts, including the use of mediation services.28
(3) Urban growth should be located first in areas already 29
characterized by urban growth that have adequate existing public 30
facility and service capacities to serve such development, second in 31
areas already characterized by urban growth that will be served 32
adequately by a combination of both existing public facilities and 33
services and any additional needed public facilities and services 34
that are provided by either public or private sources, and third in 35
the remaining portions of the urban growth areas. Urban growth may 36
also be located in designated new fully contained communities as 37
defined by RCW 36.70A.350. 38
(4) In general, cities are the units of local government most 39
appropriate to provide urban governmental services. In general, it is 40
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not appropriate that urban governmental services be extended to or 1
expanded in rural areas except ((in)):2
(a) In those limited circumstances shown to be necessary to 3
protect basic public health and safety and the environment and when 4
such services are financially supportable at rural densities and do 5
not permit urban development; or6
(b) When there is existing development inconsistent with rural 7
character, publicly provided water, stormwater, and sanitary sewer 8
services may be extended beyond the city and urban growth areas to 9
meet the needs of the people living in communities outside of the 10
city, as long as such an extension will not foster expended urban 11
development that is not planned to be included within an urban growth 12
area in the relevant comprehensive plans of the city or county. The 13
city or county must make findings that the extension is feasible, 14
cost-effective over a planning horizon of no more than 20 years, and 15
environmentally beneficial. For the purposes of this section, 16
"environmentally beneficial" means a determination, made after a 17
quantified analysis of the expected environmental impacts of the 18
proposed action is undertaken pursuant to chapter 43.21C RCW, that 19
the action would mitigate current or projected environmental impacts 20
or would provide defined benefits reflecting specific state or 21
federal environmental policies or policies in the comprehensive plan 22
of the jurisdiction. 23
(5) On or before October 1, 1993, each county that was initially 24
required to plan under RCW 36.70A.040(1) shall adopt development 25
regulations designating interim urban growth areas under this 26
chapter. Within three years and three months of the date the county 27
legislative authority of a county adopts its resolution of intention 28
or of certification by the office of financial management, all other 29
counties that are required or choose to plan under RCW 36.70A.040 30
shall adopt development regulations designating interim urban growth 31
areas under this chapter. Adoption of the interim urban growth areas 32
may only occur after public notice; public hearing; and compliance 33
with the state environmental policy act, chapter 43.21C RCW, and 34
under this section. Such action may be appealed to the growth 35
management hearings board under RCW 36.70A.280. Final urban growth 36
areas shall be adopted at the time of comprehensive plan adoption 37
under this chapter. 38
(6) Each county shall include designations of urban growth areas 39
in its comprehensive plan. 40
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(7) An urban growth area designated in accordance with this 1
section may include within its boundaries urban service areas or 2
potential annexation areas designated for specific cities or towns 3
within the county. 4
(8) If, during the county's annual review under RCW 5
36.70A.130(2)(a), the county determines revision of the urban growth 6
area is not required to accommodate the population projection for the 7
county made by the office of financial management for the succeeding 8
20-year period, but does determine that patterns of development have 9
created pressure for development in areas exceeding the amount of 10
available developable lands within the urban growth area, then the 11
county may revise the urban growth area or areas based on identified 12
patterns of development and likely future development pressure if the 13
following requirements are met: 14
(a) The revised urban growth area would not result in a net 15
increase in the total acreage or development capacity of the urban 16
growth area or areas; 17
(b) The areas added to the urban growth area are not designated 18
by the county as agricultural, forest, or mineral resource lands of 19
long-term commercial significance; 20
(c) If the areas added to the urban growth area have previously 21
been designated as agricultural, forest, or mineral resource lands of 22
long-term commercial significance, either an equivalent amount of 23
agricultural, forest, or mineral resource lands of long-term 24
commercial significance must be added to the area outside of the 25
urban growth area, or the county must wait a minimum of two years 26
before another swap may occur; 27
(d) Less than 15 percent of the areas added to the urban growth 28
area are critical areas other than critical aquifer recharge areas. 29
Critical aquifer recharge areas must have been previously designated 30
by the county and be maintained per county development regulations 31
within the expanded urban growth area and the revised urban growth 32
area must not result in a net increase in critical aquifer recharge 33
areas within the urban growth area; 34
(e) The areas added to the urban growth areas are suitable for 35
urban growth; 36
(f) The transportation element and capital facility plan element 37
of the county's comprehensive plan have identified the transportation 38
facilities and public facilities and services needed to serve the 39
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urban growth area and the funding to provide the transportation 1
facilities and public facilities and services; 2
(g) The areas removed from the urban growth area are not 3
characterized by urban growth or urban densities; 4
(h) The revised urban growth area is contiguous, does not include 5
holes or gaps, and will not increase pressures to urbanize rural or 6
natural resource lands; 7
(i) The county's proposed urban growth area revision has been 8
reviewed according to the process and procedure in the countywide 9
planning policies adopted and approved according to RCW 36.70A.210; 10
and 11
(j) The revised urban growth area meets all other requirements of 12
this section. 13
(9)(a) At the earliest possible date prior to the revision of the 14
county's urban growth area authorized under subsection (8) of this 15
section, the county must engage in meaningful consultation with any 16
federally recognized Indian tribe that may be potentially affected by 17
the proposed revision. Meaningful consultation must include 18
discussion of the potential impacts to cultural resources and tribal 19
treaty rights. 20
(b) A county must notify the affected federally recognized Indian 21
tribe of the proposed revision using at least two methods, including 22
by mail. Upon receiving a notice, the federally recognized Indian 23
tribe may request a consultation to determine whether an agreement 24
can be reached related to the revision of the county's urban growth 25
area. If an agreement is not reached, the parties must enter 26
mediation pursuant to RCW 36.70A.040. 27
(10)(a) Except as provided in (b) of this subsection, the 28
expansion of an urban growth area is prohibited into the one hundred 29
year floodplain of any river or river segment that: (i) Is located 30
west of the crest of the Cascade mountains; and (ii) has a mean 31
annual flow of one thousand or more cubic feet per second as 32
determined by the department of ecology. 33
(b) Subsection (10)(a) of this section does not apply to:34
(i) Urban growth areas that are fully contained within a 35
floodplain and lack adjacent buildable areas outside the floodplain;36
(ii) Urban growth areas where expansions are precluded outside 37
floodplains because: 38
(A) Urban governmental services cannot be physically provided to 39
serve areas outside the floodplain; or 40
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(B) Expansions outside the floodplain would require a river or 1
estuary crossing to access the expansion; or 2
(iii) Urban growth area expansions where: 3
(A) Public facilities already exist within the floodplain and the 4
expansion of an existing public facility is only possible on the land 5
to be included in the urban growth area and located within the 6
floodplain; or 7
(B) Urban development already exists within a floodplain as of 8
July 26, 2009, and is adjacent to, but outside of, the urban growth 9
area, and the expansion of the urban growth area is necessary to 10
include such urban development within the urban growth area; or11
(C) The land is owned by a jurisdiction planning under this 12
chapter or the rights to the development of the land have been 13
permanently extinguished, and the following criteria are met:14
(I) The permissible use of the land is limited to one of the 15
following: Outdoor recreation; environmentally beneficial projects, 16
including but not limited to habitat enhancement or environmental 17
restoration; stormwater facilities; flood control facilities; or 18
underground conveyances; and 19
(II) The development and use of such facilities or projects will 20
not decrease flood storage, increase stormwater runoff, discharge 21
pollutants to fresh or salt waters during normal operations or 22
floods, or increase hazards to people and property.23
(c) For the purposes of this subsection (10), "one hundred year 24
floodplain" means the same as "special flood hazard area" as set 25
forth in WAC 173-158-040 as it exists on July 26, 2009.26
(11) If a county, city, or utility has adopted a capital facility 27
plan or utilities element to provide sewer service within the urban 28
growth areas during the twenty-year planning period, nothing in this 29
chapter obligates counties, cities, or utilities to install sanitary 30
sewer systems to properties within urban growth areas designated 31
under subsection (2) of this section by the end of the twenty-year 32
planning period when those properties: 33
(a)(i) Have existing, functioning, nonpolluting on-site sewage 34
systems; 35
(ii) Have a periodic inspection program by a public agency to 36
verify the on-site sewage systems function properly and do not 37
pollute surface or groundwater; and 38
(iii) Have no redevelopment capacity; or 39
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(b) Do not require sewer service because development densities 1
are limited due to wetlands, floodplains, fish and wildlife habitats, 2
or geological hazards. 3
(12) The provision of water, sanitary sewage systems, and 4
stormwater control facilities may be used to protect basic public 5
health, safety, and the environment outside of city and urban growth 6
area boundaries in accordance with subsection (4) of this section.7
Sec. 4. RCW 36.70A.320 and 2023 c 228 s 8 are each amended to 8
read as follows: 9
(1) Except as provided in subsections (5) and (6) of this 10
section, comprehensive plans and development regulations, and 11
amendments thereto, adopted under this chapter are presumed valid 12
upon adoption. 13
(2) Except as otherwise provided in subsection (4) of this 14
section, the burden is on the petitioner to demonstrate that any 15
action taken by a state agency, county, or city under this chapter is 16
not in compliance with the requirements of this chapter.17
(3) In any petition under this chapter, the board, after full 18
consideration of the petition, shall determine whether there is 19
compliance with the requirements of this chapter. In making its 20
determination, the board shall consider the criteria adopted by the 21
department under RCW 36.70A.190(4). The board shall find compliance 22
unless it determines that the action by the state agency, county, or 23
city is clearly erroneous in view of the entire record before the 24
board and in light of the goals and requirements of this chapter. A 25
finding of noncompliance may not be based on the provision of water, 26
sewer, or stormwater facilities or services extended outside of a 27
city's boundaries when approved pursuant to RCW 36.70A.110(4), nor 28
shall state funding be restricted or reduced for such a reason.29
(4) A county or city subject to a determination of invalidity 30
made under RCW 36.70A.300 or 36.70A.302 has the burden of 31
demonstrating that the ordinance or resolution it has enacted in 32
response to the determination of invalidity will no longer 33
substantially interfere with the fulfillment of the goals of this 34
chapter under the standard in RCW 36.70A.302(1). 35
(5) The shoreline element of a comprehensive plan and the 36
applicable development regulations adopted by a county or city shall 37
take effect as provided in chapter 90.58 RCW. 38
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(6) The greenhouse gas emissions reduction subelement required by 1
RCW 36.70A.070 shall take effect as provided in RCW 36.70A.096.2
Sec. 5. RCW 36.93.100 and 1994 c 216 s 13 are each amended to 3
read as follows: 4
The board shall review and approve, disapprove, or modify any of 5
the actions set forth in RCW 36.93.090 when any of the following 6
shall occur within forty-five days of the filing of a notice of 7
intention: 8
(1) Three members of a five-member boundary review board or five 9
members of a boundary review board in a county with a population of 10
one million or more files a request for review: PROVIDED, That the 11
members of the boundary review board shall not be authorized to file 12
a request for review of the following actions: 13
(a) The incorporation of any special district or change in the 14
boundary of any city, town, or special purpose district;15
(b) The extension of permanent water service outside of its 16
existing corporate boundaries by a city, town, or special purpose 17
district if (i) the extension is through the installation of water 18
mains of six inches or less in diameter or (ii) the county 19
legislative authority for the county in which the proposed extension 20
is to be built is required or chooses to plan under RCW 36.70A.040 21
and has by a majority vote waived the authority of the board to 22
initiate review of all other extensions; ((or))23
(c) The extension of permanent sewer service outside of its 24
existing corporate boundaries by a city, town, or special purpose 25
district if (i) the extension is through the installation of sewer 26
mains of eight inches or less in diameter or (ii) the county 27
legislative authority for the county in which the proposed extension 28
is to be built is required or chooses to plan under RCW 36.70A.040 29
and has by a majority vote waived the authority of the board to 30
initiate review of all other extensions; or31
(d) The extension of permanent water service outside of its 32
existing corporate boundaries by a city, town, or special purpose 33
district when the extension is approved pursuant to RCW 36.70A.110(4) 34
and is included in the most recent update of the comprehensive plan 35
of any city extending such service, or of the county in which the 36
properties that service is extended to are located;37
(2) Any governmental unit affected, including the governmental 38
unit for which the boundary change or extension of permanent water or 39
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sewer service is proposed, or the county within which the area of the 1
proposed action is located, files a request for review of the 2
specific action; 3
(3) A petition requesting review is filed and is signed by:4
(a) Five percent of the registered voters residing within the 5
area which is being considered for the proposed action (as determined 6
by the boundary review board in its discretion subject to immediate 7
review by writ of certiorari to the superior court); or8
(b) An owner or owners of property consisting of five percent of 9
the assessed valuation within such area; 10
(4) The majority of the members of boundary review boards concur 11
with a request for review when a petition requesting the review is 12
filed by five percent of the registered voters who deem themselves 13
affected by the action and reside within one-quarter mile of the 14
proposed action but not within the jurisdiction proposing the action.15
If a period of forty-five days shall elapse without the board's 16
jurisdiction having been invoked as set forth in this section, the 17
proposed action shall be deemed approved. 18
If a review of a proposal is requested, the board shall make a 19
finding as prescribed in RCW 36.93.150 within one hundred twenty days 20
after the filing of such a request for review. If this period of one 21
hundred twenty days shall elapse without the board making a finding 22
as prescribed in RCW 36.93.150, the proposal shall be deemed approved 23
unless the board and the person who submitted the proposal agree to 24
an extension of the one hundred twenty day period.25
Sec. 6. RCW 36.93.105 and 1999 c 153 s 46 are each amended to 26
read as follows: 27
The following actions shall not be subject to potential review by 28
a boundary review board: 29
(1) The extension of permanent water or sewer services outside of 30
its existing corporate boundaries by a city, town, or special purpose 31
district when approved pursuant to RCW 36.70A.110(4);32
(2) Annexations of territory to a water-sewer district pursuant 33
to RCW 36.94.410 through 36.94.440; 34
(((2))) (3) Revisions of city or town boundaries pursuant to RCW 35
35.21.790 or 35A.21.210; 36
(((3))) (4) Adjustments to city or town boundaries pursuant to 37
RCW 35.13.340; and 38
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(((4))) (5) Adjustments to city and town boundaries pursuant to 1
RCW 35.13.300 through 35.13.330. 2
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