Housing permitting

AN ACT Relating to encouraging construction of affordable housing 1
by streamlining the permitting process; amending RCW 36.70B.030, 2
36.70B.050, and 36.70B.140; and creating a new section.3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
NEW SECTION. Sec. 1. The legislature finds that there is a 5
housing crisis in Washington state. There is a need to expedite the 6
permit approval process. Permitting buildings is one area that has 7
been identified as a hindrance to increasing the number of housing 8
units. The legislature finds that streamlining processing of building 9
permits is a powerful way to combat the lack of housing in this 10
state.11
Sec. 2. RCW 36.70B.030 and 1995 c 347 s 404 are each amended to 12
read as follows: 13
(1) Fundamental land use planning choices made in adopted 14
comprehensive plans and development regulations shall serve as the 15
foundation for project review. The review of a proposed project's 16
consistency with applicable development regulations, or in the 17
absence of applicable regulations the adopted comprehensive plan, 18
under RCW 36.70B.040 shall incorporate the determinations under this 19
section. 20
S-1348.1
SENATE BILL 5729
State of Washington 69th Legislature 2025 Regular Session
By Senators Gildon, Dozier, and Fortunato
Read first time 02/11/25. Referred to Committee on Housing.
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(2) During project review, a local government or any subsequent 1
reviewing body shall determine whether the items listed in this 2
subsection are defined in the development regulations applicable to 3
the proposed project or, in the absence of applicable regulations the 4
adopted comprehensive plan. At a minimum, such applicable regulations 5
or plans shall be determinative of the: 6
(a) Type of land use permitted at the site, including uses that 7
may be allowed under certain circumstances, such as planned unit 8
developments and conditional and special uses, if the criteria for 9
their approval have been satisfied; 10
(b) Density of residential development in urban growth areas; and11
(c) Availability and adequacy of public facilities identified in 12
the comprehensive plan, if the plan or development regulations 13
provide for funding of these facilities as required by chapter 36.70A 14
RCW. 15
(3) During project review, the local government or any subsequent 16
reviewing body shall not reexamine alternatives to or hear appeals on 17
the items identified in subsection (2) of this section, except for 18
issues of code interpretation. As part of its project review process, 19
a local government shall provide a procedure for obtaining a code 20
interpretation as provided in RCW 36.70B.110. 21
(4) Pursuant to RCW 43.21C.240, a local government may determine 22
that the requirements for environmental analysis and mitigation 23
measures in development regulations and other applicable laws provide 24
adequate mitigation for some or all of the project's specific adverse 25
environmental impacts to which the requirements apply.26
(5) Nothing in this section limits the authority of a permitting 27
agency to approve, condition, or deny a project as provided in its 28
development regulations adopted under chapter 36.70A RCW and in its 29
policies adopted under RCW 43.21C.060. Project review shall be used 30
to identify specific project design and conditions relating to the 31
character of development, such as the details of site plans, curb 32
cuts, drainage swales, transportation demand management, the payment 33
of impact fees, or other measures to mitigate a proposal's probable 34
adverse environmental impacts, if applicable. 35
(6) Any building permit applications submitted with plans, 36
computations, or specifications prepared, stamped, and signed by a 37
professional engineer or architect meeting the requirements under 38
subsection (7) of this section, licensed under the laws of the state 39
of Washington, in the specific discipline as appropriate, is deemed 40
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complete by the city or county building department with authority 1
under RCW 19.27.050. The department may review the application for 2
general compliance with the zoning or other land use control 3
ordinances in effect and may not impose substantial modifications or 4
conditions on submittals prepared, stamped, and signed by a licensed 5
architect, landscape architect, soils engineer, civil engineer, 6
structural engineer, or combination thereof. 7
(7) The professional engineer or architect must maintain 8
professional liability errors and omissions insurance in an amount of 9
not less than $1,000,000 executed by an insurer authorized to do 10
business in Washington state.11
(8) Subsections (1) through (4) of this section apply only to 12
local governments planning under RCW 36.70A.040. 13
Sec. 3. RCW 36.70B.050 and 1995 c 347 s 406 are each amended to 14
read as follows: 15
(1) Not later than March 31, 1996, each local government shall 16
provide by ordinance or resolution for review of project permit 17
applications to achieve the following objectives: 18
(((1))) (a) Combine the environmental review process, both 19
procedural and substantive, with the procedure for review of project 20
permits; and 21
(((2))) (b) Except for the appeal of a determination of 22
significance as provided in RCW 43.21C.075, provide for no more than 23
one open record hearing and one closed record appeal.24
(2) A project permit application that is consistent with adopted 25
development regulations and within the capacity of system-wide 26
infrastructure improvement is deemed approved following three reviews 27
or requests for additional information by the local government unless 28
clear violation of substantive and procedural requirements is 29
demonstrated by the reviewing local government.30
Sec. 4. RCW 36.70B.140 and 2023 c 338 s 1 are each amended to 31
read as follows: 32
(1) A local government by ordinance or resolution may exclude the 33
following project permits from the provisions of RCW 36.70B.060 34
through 36.70B.090 and 36.70B.110 through 36.70B.130: Landmark 35
designations, street vacations, or other approvals relating to the 36
use of public areas or facilities, or other project permits, whether 37
administrative or quasi-judicial, that the local government by 38
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ordinance or resolution has determined present special circumstances 1
that warrant a review process or time periods for approval which are 2
different from that provided in RCW 36.70B.060 through 36.70B.090 and 3
36.70B.110 through 36.70B.130. 4
(2) A local government by ordinance or resolution also may 5
exclude the following project permits from the provisions of RCW 6
36.70B.060 and 36.70B.110 through 36.70B.130: Lot line or boundary 7
adjustments and building and other construction permits, or similar 8
administrative approvals, categorically exempt from environmental 9
review under chapter 43.21C RCW, or for which environmental review 10
has been completed in connection with other project permits.11
(3) A local government must exclude project permits for interior 12
alterations from site plan review, provided that the interior 13
alterations do not result in the following: 14
(a) Additional sleeping quarters or bedrooms; 15
(b) Nonconformity with federal emergency management agency 16
substantial improvement thresholds; or 17
(c) Increase the total square footage or valuation of the 18
structure thereby requiring upgraded fire access or fire suppression 19
systems. 20
(4) A local government, by ordinance or resolution, must exclude 21
the following project permits from the provisions of chapter 36.70B 22
RCW:23
(a) The expansion or remodeling of existing buildings, 24
structures, or development provided:25
(i) The alterations do not modify the existing site layout; or26
(ii) The expansion or remodeling of existing buildings, 27
structures, or development is located in a critical area or in cases 28
where two or more duplexes will be built on the same lot;29
(b) The project involves no exterior work adding to the building 30
footprint;31
(c) The door or window adjustments or replacements are allowed 32
with no site plan needed; and33
(d) Total additions and alterations and detached accessory 34
structures are less than 2,000 square feet in area without new 35
vehicular access.36
(5) Nothing in this section exempts interior alterations from 37
otherwise applicable building, plumbing, mechanical, or electrical 38
codes. 39
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(((5))) (6) For purposes of this section, "interior alterations" 1
include construction activities that do not modify the existing site 2
layout or its current use and involve no exterior work adding to the 3
building footprint. 4
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