Aquifer recharge areas

AN ACT Relating to considering critical aquifer recharge areas 1
when revising an urban growth area; and reenacting and amending RCW 2
36.70A.130. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
Sec. 1. RCW 36.70A.130 and 2025 c 269 s 5 and 2025 c 148 s 1 are 5
each reenacted and amended to read as follows: 6
(1)(a) Each comprehensive land use plan and development 7
regulations shall be subject to continuing review and evaluation by 8
the county or city that adopted them. Except as otherwise provided, a 9
county or city shall take legislative action to review and, if 10
needed, revise its comprehensive land use plan and development 11
regulations to ensure the plan and regulations comply with the 12
requirements of this chapter according to the deadlines in 13
subsections (4) and (5) of this section. 14
(b)(i) A city or town located within a county planning under RCW 15
36.70A.040 may opt out of a full review and revisions of its 16
comprehensive plan established in this section if the city or town 17
meets the following criteria: 18
(A) Has a population fewer than 500; 19
(B) Is not located within 10 miles of a city with a population 20
over 100,000; 21
S-3767.1
SENATE BILL 6016
State of Washington 69th Legislature 2026 Regular Session
By Senators Bateman and Short
Prefiled 01/07/26. Read first time 01/12/26. Referred to Committee
on Local Government.
p. 1 SB 6016
(C) Experienced a population growth rate of fewer than 10 percent 1
in the preceding 10 years; and 2
(D) Has provided the department with notice of its intent to 3
participate in a partial review and revision of its comprehensive 4
plan. 5
(ii) The department shall review the population growth rate for a 6
city or town participating in the partial review and revision of its 7
comprehensive plan process at least three years before the periodic 8
update is due as outlined in subsection (4) of this section and 9
notify cities of their eligibility. 10
(iii) A city or town that opts out of a full review and revision 11
of its comprehensive plan must update its critical areas regulations 12
and its capital facilities element and its transportation element.13
(c) Except as otherwise provided, a county or city not planning 14
under RCW 36.70A.040 shall take action to review and, if needed, 15
revise its policies and development regulations regarding critical 16
areas and natural resource lands adopted according to this chapter to 17
ensure these policies and regulations comply with the requirements of 18
this chapter according to the deadlines in subsections (4) and (5) of 19
this section. Legislative action means the adoption of a resolution 20
or ordinance following notice and a public hearing indicating at a 21
minimum, a finding that a review and evaluation has occurred and 22
identifying the revisions made, or that a revision was not needed and 23
the reasons therefor. 24
(d) The review and evaluation required by this subsection shall 25
include, but is not limited to, consideration of critical area 26
ordinances and, if planning under RCW 36.70A.040, an analysis of the 27
population allocated to a city or county from the most recent 10-year 28
population forecast by the office of financial management.29
(e) Any amendment of or revision to a comprehensive land use plan 30
shall conform to this chapter. Any amendment of or revision to 31
development regulations shall be consistent with and implement the 32
comprehensive plan. 33
(2)(a) Each county and city shall establish and broadly 34
disseminate to the public a public participation program consistent 35
with RCW 36.70A.035 and 36.70A.140 that identifies procedures and 36
schedules whereby updates, proposed amendments, or revisions of the 37
comprehensive plan are considered by the governing body of the county 38
or city no more frequently than once every year. "Updates" means to 39
review and revise, if needed, according to subsection (1) of this 40
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section, and the deadlines in subsections (4) and (5) of this section 1
or in accordance with the provisions of subsection (6) of this 2
section. Amendments may be considered more frequently than once per 3
year under the following circumstances: 4
(i) The initial adoption of a subarea plan. Subarea plans adopted 5
under this subsection (2)(a)(i) must clarify, supplement, or 6
implement jurisdiction-wide comprehensive plan policies, and may only 7
be adopted if the cumulative impacts of the proposed plan are 8
addressed by appropriate environmental review under chapter 43.21C 9
RCW; 10
(ii) The development of an initial subarea plan for economic 11
development located outside of the 100 year floodplain in a county 12
that has completed a state-funded pilot project that is based on 13
watershed characterization and local habitat assessment;14
(iii) The adoption or amendment of a shoreline master program 15
under the procedures set forth in chapter 90.58 RCW;16
(iv) The amendment of the capital facilities element of a 17
comprehensive plan that occurs concurrently with the adoption or 18
amendment of a county or city budget; 19
(v) The adoption of comprehensive plan amendments necessary to 20
enact a planned action under RCW 43.21C.440, provided that amendments 21
are considered in accordance with the public participation program 22
established by the county or city under this subsection (2)(a) and 23
all persons who have requested notice of a comprehensive plan update 24
are given notice of the amendments and an opportunity to comment; or25
(vi) The adoption or amendment of any housing element necessary 26
to receive a determination of compliance under RCW 36.70A.835.27
(b) Except as otherwise provided in (a) of this subsection, all 28
proposals shall be considered by the governing body concurrently so 29
the cumulative effect of the various proposals can be ascertained. 30
However, after appropriate public participation a county or city may 31
adopt amendments or revisions to its comprehensive plan that conform 32
with this chapter whenever an emergency exists or to resolve an 33
appeal of a comprehensive plan filed with the growth management 34
hearings board or with the court. 35
(3)(a) Each county that designates urban growth areas under RCW 36
36.70A.110 shall review, according to the schedules established in 37
subsections (4) and (5) of this section, its designated urban growth 38
area or areas, patterns of development occurring within the urban 39
growth area or areas, and the densities permitted within both the 40
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incorporated and unincorporated portions of each urban growth area. 1
In conjunction with this review by the county, each city located 2
within an urban growth area shall review the densities permitted 3
within its boundaries, and the extent to which the urban growth 4
occurring within the county has located within each city and the 5
unincorporated portions of the urban growth areas. 6
(b) The county comprehensive plan designating urban growth areas, 7
and the densities permitted in the urban growth areas by the 8
comprehensive plans of the county and each city located within the 9
urban growth areas, shall be revised to accommodate the urban growth 10
projected to occur in the county for the succeeding 20-year period. 11
The review required by this subsection may be combined with the 12
review and evaluation required by RCW 36.70A.215. 13
(c) If, during the county's review under (a) of this subsection, 14
the county determines revision of the urban growth area is not 15
required to accommodate the urban growth projected to occur in the 16
county for the succeeding 20-year period, but does determine that 17
patterns of development have created pressure in areas that exceed 18
available, developable lands within the urban growth area, the urban 19
growth area or areas may be revised to accommodate identified 20
patterns of development and likely future development pressure for 21
the succeeding 20-year period if the following requirements are met:22
(i) The revised urban growth area may not result in an increase 23
in the total surface areas of the urban growth area or areas;24
(ii) The areas added to the urban growth area are not or have not 25
been designated as agricultural, forest, or mineral resource lands of 26
long-term commercial significance; 27
(iii) Less than 15 percent of the areas added to the urban growth 28
area are critical areas other than critical aquifer recharge areas, 29
provided that the revised urban growth area does not result in a net 30
increase in critical aquifer recharge areas within the urban growth 31
area. For the purposes of this subsection, "critical aquifer recharge 32
areas" means an area previously designated as a critical aquifer 33
recharge area by the county that is maintained per county development 34
regulations within the expanded urban growth area;35
(iv) The areas added to the urban growth areas are suitable for 36
urban growth; 37
(v) The transportation element and capital facility plan element 38
have identified the transportation facilities, and public facilities 39
and services needed to serve the urban growth area and the funding to 40
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provide the transportation facilities and public facilities and 1
services; 2
(vi) The urban growth area is not larger than needed to 3
accommodate the growth planned for the succeeding 20-year planning 4
period and a reasonable land market supply factor; 5
(vii) The areas removed from the urban growth area do not include 6
urban growth or urban densities; and 7
(viii) The revised urban growth area is contiguous, does not 8
include holes or gaps, and will not increase pressures to urbanize 9
rural or natural resource lands. 10
(4) Except as otherwise provided in subsections (6) and (8) of 11
this section, counties and cities shall take action to review and, if 12
needed, revise their comprehensive plans and development regulations 13
to ensure the plan and regulations comply with the requirements of 14
this chapter as follows: 15
(a) On or before June 30, 2015, for King, Pierce, and Snohomish 16
counties and the cities within those counties; 17
(b) On or before June 30, 2016, for Clallam, Clark, Island, 18
Jefferson, Kitsap, Mason, San Juan, Skagit, Thurston, and Whatcom 19
counties and the cities within those counties; 20
(c) On or before June 30, 2017, for Benton, Chelan, Cowlitz, 21
Douglas, Kittitas, Lewis, Skamania, Spokane, and Yakima counties and 22
the cities within those counties; and 23
(d) On or before June 30, 2018, for Adams, Asotin, Columbia, 24
Ferry, Franklin, Garfield, Grant, Grays Harbor, Klickitat, Lincoln, 25
Okanogan, Pacific, Pend Oreille, Stevens, Wahkiakum, Walla Walla, and 26
Whitman counties and the cities within those counties.27
(5) Except as otherwise provided in subsections (6) and (8) of 28
this section, following the review of comprehensive plans and 29
development regulations required by subsection (4) of this section, 30
counties and cities shall take action to review and, if needed, 31
revise their comprehensive plans and development regulations to 32
ensure the plan and regulations comply with the requirements of this 33
chapter as follows: 34
(a) Except as provided in subsection (10) of this section, on or 35
before December 31, 2024, with the following review and, if needed, 36
revision on or before June 30, 2034, and then every 10 years 37
thereafter, for King, Kitsap, Pierce, and Snohomish counties and the 38
cities within those counties; 39
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(b) On or before December 31, 2025, with the following review 1
and, if needed, revision on or before June 30, 2035, and then every 2
10 years thereafter, for Clallam, Clark, Island, Jefferson, Lewis, 3
Mason, San Juan, Skagit, Thurston, and Whatcom counties and the 4
cities within those counties; 5
(c) On or before December 31, 2026, with the following review 6
and, if needed, revision, on or before June 30, 2036, and every 10 7
years thereafter, for Benton, Chelan, Cowlitz, Douglas, Franklin, 8
Kittitas, Skamania, Spokane, Walla Walla, and Yakima counties and the 9
cities within those counties; and 10
(d) On or before June 30, 2027, and every 10 years thereafter, 11
for Adams, Asotin, Columbia, Ferry, Garfield, Grant, Grays Harbor, 12
Klickitat, Lincoln, Okanogan, Pacific, Pend Oreille, Stevens, 13
Wahkiakum, and Whitman counties and the cities within those counties.14
(6)(a) Nothing in this section precludes a county or city from 15
conducting the review and evaluation required by this section before 16
the deadlines established in subsections (4) and (5) of this section. 17
Counties and cities may begin this process early and may be eligible 18
for grants from the department, subject to available funding, if they 19
elect to do so. 20
(b) A county that is subject to a deadline established in 21
subsection (5)(b) through (d) of this section and meets the following 22
criteria may comply with the requirements of this section at any time 23
within the 24 months following the deadline established in subsection 24
(5) of this section: The county has a population of less than 50,000 25
and has had its population increase by no more than 17 percent in the 26
10 years preceding the deadline established in subsection (5) of this 27
section as of that date. 28
(c) A city that is subject to a deadline established in 29
subsection (5)(b) through (d) of this section and meets the following 30
criteria may comply with the requirements of this section at any time 31
within the 24 months following the deadline established in subsection 32
(5) of this section: The city has a population of no more than 5,000 33
and has had its population increase by the greater of either no more 34
than 100 persons or no more than 17 percent in the 10 years preceding 35
the deadline established in subsection (5) of this section as of that 36
date. 37
(d) State agencies are encouraged to provide technical assistance 38
to the counties and cities in the review of critical area ordinances, 39
comprehensive plans, and development regulations. 40
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(7)(a) The requirements imposed on counties and cities under this 1
section shall be considered "requirements of this chapter" under the 2
terms of RCW 36.70A.040(1). Only those counties and cities that meet 3
the following criteria may receive grants, loans, pledges, or 4
financial guarantees under chapter 43.155 or 70A.135 RCW:5
(i) The county or city is in compliance with the deadlines in 6
this section; 7
(ii) The county or city demonstrates substantial progress towards 8
compliance with the deadlines in this section for development 9
regulations that protect critical areas. For the purposes of this 10
subsection (7)(a)(ii), a county or city that is fewer than 12 months 11
out of compliance with the deadlines in this section for development 12
regulations that protect critical areas is making substantial 13
progress towards compliance with the deadlines in this section; or14
(iii) The county or city demonstrates substantial progress 15
towards compliance with the deadlines in this section for any housing 16
element and any housing development regulations required to be 17
submitted to the department for review under RCW 36.70A.835. For the 18
purposes of this subsection (7)(a)(iii), a county or city that 19
applies to the department for review within the timelines specified 20
under RCW 36.70A.835 demonstrates substantial progress towards 21
compliance with the deadlines in this section and is eligible for 22
grants, loans, pledges, or financial guarantees under chapter 43.155 23
or 70A.135 RCW until the department or the growth management hearings 24
board issues a final decision determining that the county's or city's 25
housing element or any related housing development regulations are 26
not in compliance with the laws and regulations identified in RCW 27
36.70A.835(7). 28
(b) Only those counties and cities in compliance with the 29
schedules in this section may receive preference for grants or loans 30
subject to the provisions of RCW 43.17.250. 31
(8)(a) Except as otherwise provided in (c) of this subsection, if 32
a participating watershed is achieving benchmarks and goals for the 33
protection of critical areas functions and values, the county is not 34
required to update development regulations to protect critical areas 35
as they specifically apply to agricultural activities in that 36
watershed. 37
(b) A county that has made the election under RCW 36.70A.710(1) 38
may only adopt or amend development regulations to protect critical 39
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areas as they specifically apply to agricultural activities in a 1
participating watershed if: 2
(i) A work plan has been approved for that watershed in 3
accordance with RCW 36.70A.725; 4
(ii) The local watershed group for that watershed has requested 5
the county to adopt or amend development regulations as part of a 6
work plan developed under RCW 36.70A.720; 7
(iii) The adoption or amendment of the development regulations is 8
necessary to enable the county to respond to an order of the growth 9
management hearings board or court; 10
(iv) The adoption or amendment of development regulations is 11
necessary to address a threat to human health or safety; or12
(v) Three or more years have elapsed since the receipt of 13
funding. 14
(c) Beginning 10 years from the date of receipt of funding, a 15
county that has made the election under RCW 36.70A.710(1) must review 16
and, if necessary, revise development regulations to protect critical 17
areas as they specifically apply to agricultural activities in a 18
participating watershed in accordance with the review and revision 19
requirements and timeline in subsection (5) of this section. This 20
subsection (8)(c) does not apply to a participating watershed that 21
has determined under RCW 36.70A.720(2)(c)(ii) that the watershed's 22
goals and benchmarks for protection have been met.23
(9)(a) Counties subject to planning deadlines established in 24
subsection (5) of this section that are required or that choose to 25
plan under RCW 36.70A.040 and that meet either criteria of (a)(i) or 26
(ii) of this subsection, and cities with a population of more than 27
6,000 as of April 1, 2021, within those counties, must provide to the 28
department an implementation progress report detailing the progress 29
they have achieved in implementing their comprehensive plan five 30
years after the review and revision of their comprehensive plan. Once 31
a county meets the criteria in (a)(i) or (ii) of this subsection, the 32
implementation progress report requirements remain in effect 33
thereafter for that county and the cities therein with populations 34
greater than 6,000 as of April 1, 2021, even if the county later no 35
longer meets either or both criteria. A county is subject to the 36
implementation progress report requirement if it meets either of the 37
following criteria on or after April 1, 2021: 38
(i) The county has a population density of at least 100 people 39
per square mile and a population of at least 200,000; or40
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(ii) The county has a population density of at least 75 people 1
per square mile and an annual growth rate of at least 1.75 percent as 2
determined by the office of financial management. 3
(b) The department shall adopt guidelines for indicators, 4
measures, milestones, and criteria for use by counties and cities in 5
the implementation progress report that must cover:6
(i) The implementation of previously adopted changes to the 7
housing element and any effect those changes have had on housing 8
affordability and availability within the jurisdiction;9
(ii) Permit processing timelines; and 10
(iii) Progress toward implementing any actions required to 11
achieve reductions to meet greenhouse gas and vehicle miles traveled 12
requirements as provided for in any element of the comprehensive plan 13
under RCW 36.70A.070. 14
(c) If a city or county required to provide an implementation 15
progress report under this subsection (9) has not implemented any 16
specifically identified regulations, zoning and land use changes, or 17
taken other legislative or administrative action necessary to 18
implement any changes in the most recent periodic update in their 19
comprehensive plan by the due date for the implementation progress 20
report, the city or county must identify the need for such action in 21
the implementation progress report. Cities and counties must adopt a 22
work plan to implement any necessary regulations, zoning and land use 23
changes, or take other legislative or administrative action 24
identified in the implementation progress report and complete all 25
work necessary for implementation within two years of submission of 26
the implementation progress report. 27
(10) Any county or city that is required by RCW 36.70A.095 to 28
include in its comprehensive plan a climate change and resiliency 29
element and that is also required by subsection (5)(a) of this 30
section to review and, if necessary, revise its comprehensive plan on 31
or before December 31, 2024, must update its transportation element 32
and incorporate a climate change and resiliency element into its 33
comprehensive plan as part of the first implementation progress 34
report required by subsection (9) of this section if funds are 35
appropriated and distributed by December 31, 2027, as required under 36
RCW 36.70A.070(10). 37
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