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SB5820 • 2026
Concerning the responsibility of certain counties to include freight rail dependent use overlay as part of the transportation element of their comprehensive plan.
This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.
Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.
Freight rail dependent use
These notes stay tied to the official amendment files and metadata from the legislature.
2079 • Wylie
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5820 AMH WYLI WRIK 494 1 - Official Print By Representative Wylie EFFECT: Restores, through June 30, 2035, the authorization for Clark County, and the cities in the county, to take certain planning actions and to adopt or modify certain development regulations related to the development of freight rail dependent uses on land adjacent to short line railroads.
2081 • Dufault
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5820 AMH DUFA WRIK 495 1 - Official Print By Representative Dufault EFFECT: Provides that development approvals and permits issued based on comprehensive plan provisions and development regulations related to freight rail dependent uses between October 19, 2017, and the effective date of the bill are not impaired, invalidated, or made nonconforming based on the bill's repeal of the authorization for such plans and regulations related to freight rail dependent uses.
2120 • Griffey
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5820 AMH GRIF WRIK 509 1 - Official Print By Representative Griffey EFFECT: Requires counties to identify and consider improvements to intersections of rail and motor vehicle traffic to promote safety in the transportation element of its comprehensive plan.
2121 • Griffey
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5820 AMH GRIF WRIK 510 1 - Official Print By Representative Griffey EFFECT: Authorizes a county to incorporate planning that benefits passenger rail service and tourism opportunities, including improvements to historic locations along a railway, when planning for freight rail dependent uses.
2174 • Waters
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5820 AMH WATE WRIK 504 1 - Official Print By Representative Waters EFFECT: Authorizes freight rail dependent uses on lands adjacent to short line railroads to ensure that existing railways can be used to move natural resources from rural areas to major railroad lines.
2175 • Griffey
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5820 AMH GRIF WRIK 497 1 - Official Print By Representative Griffey 5820 AMH GRIF WRIK 497 SB 5820 - H AMD 2175 NOT ADOPTED 03/03/2026 On page 1, beginning on line 21, after "minerals." strike all material through "uses.))" on page 2, line 5 and insert "Any county ((located to the west of the crest of the Cascade mountains that has both a population of at least four hundred thousand and a border that touches another state)) required to adopt a greenhouse gas reduction comprehensive plan subelement, and any city in such county, may adopt development regulations to assure that agriculture, forest, and mineral resource lands adjacent to short line railroads may be developed for freight rail dependent uses.
2176 • Walsh
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5820 AMH WALJ WRIK 498 1 - Official Print By Representative Walsh EFFECT: Restores authorization in the Growth Management Act for Clark County, and the cities in the county, to include the development of freight rail dependent uses on lands adjacent to short line railroads in the transportation element of the county's or city's comprehensive plan, as well as authority for the county and cities to modify development regulations to allow freight rail dependent uses in rural lands adjacent to short line railroads.
2177 • Barkis
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5820 AMH BARK WRIK 493 1 - Official Print By Representative Barkis EFFECT: Requires a county that intends to repeal a portion of its comprehensive plan or development regulations that authorizes freight rail dependent uses on land adjacent to a short line railroad to notify the department of transportation about the intended repeal, and requires the department of transportation to issue a determination on whether the repeal will impact state funded investments in rail corridors impacted by the repeal.
2178 • Ley
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5820 AMH LEYJ WRIK 496 1 - Official Print By Representative Ley 5820 AMH LEYJ WRIK 496 SB 5820 - H AMD 2178 NOT ADOPTED 03/03/2026 On page 5, after line 17, insert the following: "Sec.
2180 • Walsh
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5820 AMH WALJ WRIK 502 1 - Official Print By Representative Walsh EFFECT: Requires a county that intends on repealing authority it had adopted for the development of freight rail dependent uses on land adjacent to a short line railroad to adopt any provisions necessary to avoid the impairment of existing contracts during the repeal.
2181 • Griffey
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5820 AMH GRIF WRIK 501 1 - Official Print By Representative Griffey EFFECT: Provides that the inclusion of freight rail dependent uses in development regulations or a comprehensive plan element is a responsible greenhouse gas reduction strategy that reduces vehicle miles traveled, improves human health and safety, and that each mile of short line rail in a county may be considered to reduce vehicle miles traveled in the jurisdiction.
Effective date 6/11/2026.
Freight rail dependent use
AN ACT Relating to the responsibility of certain counties to 1 include freight rail dependent use overlay as part of the 2 transportation element of their comprehensive plan; and amending RCW 3 36.70A.060 and 36.70A.108. 4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5 Sec. 1. RCW 36.70A.060 and 2023 c 225 s 2 are each amended to 6 read as follows: 7 (1)(a) Each county that is required or chooses to plan under RCW 8 36.70A.040, and each city within such county, shall adopt development 9 regulations on or before September 1, 1991, to assure the 10 conservation of agricultural, forest, and mineral resource lands 11 designated under RCW 36.70A.170. Regulations adopted under this 12 subsection may not prohibit uses legally existing on any parcel prior 13 to their adoption and shall remain in effect until the county or city 14 adopts development regulations pursuant to RCW 36.70A.040. Such 15 regulations shall assure that the use of lands adjacent to 16 agricultural, forest, or mineral resource lands shall not interfere 17 with the continued use, in the accustomed manner and in accordance 18 with best management practices, of these designated lands for the 19 production of food, agricultural products, or timber, or for the 20 extraction of minerals. ((Any county located to the west of the crest 21 S-3504.1 SENATE BILL 5820 State of Washington 69th Legislature 2026 Regular Session By Senators Cortes, Nobles, and Shewmake Prefiled 12/01/25. Read first time 01/12/26. Referred to Committee on Local Government. p. 1 SB 5820 of the Cascade mountains that has both a population of at least four 1 hundred thousand and a border that touches another state, and any 2 city in such county, may adopt development regulations to assure that 3 agriculture, forest, and mineral resource lands adjacent to short 4 line railroads may be developed for freight rail dependent uses.))5 (b) Counties and cities shall require that all plats, short 6 plats, development permits, and building permits issued for 7 development activities on, or within five hundred feet of, lands 8 designated as agricultural lands, forestlands, or mineral resource 9 lands, contain a notice that the subject property is within or near 10 designated agricultural lands, forestlands, or mineral resource lands 11 on which a variety of commercial activities may occur that are not 12 compatible with residential development for certain periods of 13 limited duration. The notice for mineral resource lands shall also 14 inform that an application might be made for mining-related 15 activities, including mining, extraction, washing, crushing, 16 stockpiling, blasting, transporting, and recycling of minerals.17 (c) Each county that adopts a resolution of partial planning 18 under RCW 36.70A.040(2)(b), and each city within such county, shall 19 adopt development regulations within one year after the adoption of 20 the resolution of partial planning to assure the conservation of 21 agricultural, forest, and mineral resource lands designated under RCW 22 36.70A.170. Regulations adopted under this subsection (1)(c) must 23 comply with the requirements governing regulations adopted under (a) 24 of this subsection. 25 (d)(i) A county that adopts a resolution of partial planning 26 under RCW 36.70A.040(2)(b) and that is not in compliance with the 27 planning requirements of this section, RCW 36.70A.040(4), 28 36.70A.070(5), 36.70A.170, and 36.70A.172 at the time the resolution 29 is adopted must, by January 30, 2017, apply for a determination of 30 compliance from the department finding that the county's development 31 regulations, including development regulations adopted to protect 32 critical areas, and comprehensive plans are in compliance with the 33 requirements of this section, RCW 36.70A.040(4), 36.70A.070(5), 34 36.70A.170, and 36.70A.172. The department must approve or deny the 35 application for a determination of compliance within one hundred 36 twenty days of its receipt or by June 30, 2017, whichever date is 37 earlier. 38 (ii) If the department denies an application under (d)(i) of this 39 subsection, the county and each city within is obligated to comply 40 p. 2 SB 5820 with all requirements of this chapter and the resolution for partial 1 planning adopted under RCW 36.70A.040(2)(b) is no longer in effect.2 (iii) A petition for review of a determination of compliance 3 under (d)(i) of this subsection may only be appealed to the growth 4 management hearings board within 60 days of the issuance of the 5 decision by the department. 6 (iv) In the event of a filing of a petition in accordance with 7 (d)(iii) of this subsection, the county and the department must 8 equally share the costs incurred by the department for defending an 9 approval of determination of compliance that is before the growth 10 management hearings board. 11 (v) The department may implement this subsection (1)(d) by 12 adopting rules related to determinations of compliance. The rules may 13 address, but are not limited to: The requirements for applications 14 for a determination of compliance; charging of costs under (d)(iv) of 15 this subsection; procedures for processing applications; criteria for 16 the evaluation of applications; issuance and notice of department 17 decisions; and applicable timelines. 18 (e) Any county that borders both the Cascade mountains and 19 another country and has a population of less than fifty thousand 20 people, and any city in such county, may adopt development 21 regulations to assure that agriculture, forest, and mineral resource 22 lands adjacent to short line railroads may be developed for freight 23 rail dependent uses. 24 (2) Each county and city shall adopt development regulations that 25 protect critical areas that are required to be designated under RCW 26 36.70A.170. For counties and cities that are required or choose to 27 plan under RCW 36.70A.040, such development regulations shall be 28 adopted on or before September 1, 1991. For the remainder of the 29 counties and cities, such development regulations shall be adopted on 30 or before March 1, 1992. 31 (3) Such counties and cities shall review these designations and 32 development regulations when adopting their comprehensive plans under 33 RCW 36.70A.040 and implementing development regulations under RCW 34 36.70A.120 and may alter such designations and development 35 regulations to ensure consistency. 36 (4)(a) A city with a population fewer than 25,000 may adopt the 37 county's critical areas regulations by reference to satisfy the 38 requirements under this section to designate and protect critical 39 areas; provided, that the county's critical areas regulations are not 40 p. 3 SB 5820 subject to any outstanding administrative or judicial appeals at the 1 time of the city's adoption. Nothing in this subsection prohibits a 2 city from adopting its own critical areas regulations.3 (b) The city legislative action adopting the county regulations 4 by reference must incorporate future amendments to the critical areas 5 policies and development regulations of the county.6 (c) A city that adopts the county's critical areas regulations by 7 reference is not required to take legislative action to review and 8 update development regulations protecting critical areas under RCW 9 36.70A.130. 10 (d) If grant funding is available for a local jurisdiction's 11 periodic comprehensive planning updates as required in RCW 12 36.70A.070, and a city has adopted by reference the county's critical 13 areas regulations as allowed in (a) through (c) of this subsection, 14 the county in which the city is located shall be entitled to the 15 portion of the city's grant funding that would otherwise have been 16 utilized for updating the city's critical areas regulations. The 17 department is authorized to determine what portion of the available 18 grant funding the city would have received for the critical areas 19 regulations update the county is entitled to receive.20 (5) Forestland and agricultural land located within urban growth 21 areas shall not be designated by a county or city as forestland or 22 agricultural land of long-term commercial significance under RCW 23 36.70A.170 unless the city or county has enacted a program 24 authorizing transfer or purchase of development rights.25 Sec. 2. RCW 36.70A.108 and 2017 3rd sp.s. c 18 s 5 are each 26 amended to read as follows: 27 (1) The transportation element required by RCW 36.70A.070 may 28 include, in addition to improvements or strategies to accommodate the 29 impacts of development authorized under RCW 36.70A.070(6)(b), 30 multimodal transportation improvements or strategies that are made 31 concurrent with the development. These transportation improvements or 32 strategies may include, but are not limited to, measures implementing 33 or evaluating: 34 (a) Multiple modes of transportation with peak and nonpeak hour 35 capacity performance standards for locally owned transportation 36 facilities; and 37 (b) Modal performance standards meeting the peak and nonpeak hour 38 capacity performance standards. 39 p. 4 SB 5820 (2) ((Any county located to the west of the crest of the Cascade 1 mountains that has both a population of at least four hundred 2 thousand and a border that touches another state, and any city in 3 such county, may include development of freight rail dependent uses 4 on land adjacent to a short line railroad in the transportation 5 element required by RCW 36.70A.070. Such counties and cities may also 6 modify development regulations to include development of freight rail 7 dependent uses that do not require urban governmental services in 8 rural lands.9 (3))) Nothing in this section or RCW 36.70A.070(6)(b) shall be 10 construed as prohibiting a county or city planning under RCW 11 36.70A.040 from exercising existing authority to develop multimodal 12 improvements or strategies to satisfy the concurrency requirements of 13 this chapter. 14 (((4))) (3) Nothing in this section is intended to affect or 15 otherwise modify the authority of jurisdictions planning under RCW 16 36.70A.040. 17 --- END --- p. 5 SB 5820