Agriculture impacts

AN ACT Relating to protecting agriculture; amending RCW 1
79A.15.040 and 36.70A.110; reenacting and amending RCW 36.70A.130; 2
adding a new section to chapter 35.13 RCW; adding a new section to 3
chapter 35.21 RCW; adding a new section to chapter 35A.14 RCW; adding 4
a new section to chapter 35A.21 RCW; adding a new section to chapter 5
36.01 RCW; and adding a new chapter to Title 15 RCW.6
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:7
NEW SECTION. Sec. 1. (1) The legislature finds that the 8
agricultural economy in Washington state is struggling for viability. 9
A recent study from the United States department of agriculture found 10
that Washington state farmers come in last with regard to farm 11
income; in fact, Washington agriculture had a negative income this 12
year. Over the last four years, the income to Washington farmers has 13
steadily decreased. Washington farmers raise over 300 different crops 14
and Washington agriculture is one of the top industries in the state. 15
In 2023, Washington's agricultural production was worth nearly 16
$14,000,000,000. However, with an average of two farms a day closing 17
since 2017, agriculture in Washington can hardly persist.18
(2) The legislature further finds that increasing costs of 19
government regulation is a key component of the overwhelming stress 20
faced by the industry. 21
S-3859.1
SENATE BILL 6104
State of Washington 69th Legislature 2026 Regular Session
By Senators Muzzall and Short
Read first time 01/13/26. Referred to Committee on Agriculture &
Natural Resources.
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(3) Therefore, the legislature intends that regulatory agencies 1
whose actions most affect agriculture need to consider the effect of 2
their rules and enforcement actions on agriculture. The viability of 3
agriculture has not been a part of rule-making analysis before now, 4
but in order to preserve this economy in Washington state, the 5
legislature finds that it is crucial to ensure that the government is 6
not causing more harm to the industry. 7
(4) The food policy forum has made several recommendations to 8
protect agriculture and agricultural land. In the 2022 report "Land 9
Use Policy Solutions to Stem Agricultural Land Loss," the forum 10
recommends a series of agricultural impact statements before actions 11
that could lead to the loss of land in agriculture. According to the 12
report, 640,000 acres of land in farms was lost between 2002 and 13
2017. This loss is devastating to the industry and to the ability of 14
the next generation to continue farming. The legislature finds that a 15
combination of impact statements and mitigation is an essential tool 16
to preserve farmland, and thereby the continued viability of 17
agriculture. 18
(5) Therefore: 19
(a) The legislature declares that it is the continuing policy of 20
the state of Washington, in cooperation with federal and local 21
governments and other concerned public and private organizations, to 22
use all practicable means and measures, including financial and 23
technical assistance, in a manner calculated to: 24
(i) Promote a stable food supply by maintaining a healthy 25
agricultural economy in Washington state; and 26
(ii) Ensure that the regulatory environment does not adversely 27
affect the ability of Washington's farmers to continue to grow and 28
sell their products to feed citizens of Washington state and the 29
world. 30
(b) In order to carry out the policy set forth in this act, it is 31
the continuing responsibility of the state of Washington, 32
particularly the state agencies that affect the use of natural 33
resources, namely the department of natural resources, the department 34
of fish and wildlife, the state conservation commission, the 35
department of ecology, the forest practices board, the department of 36
labor and industries, and the department of commerce, to use all 37
practicable means, consistent with other essential considerations of 38
state policy, to improve and coordinate plans, functions, programs, 39
and resources in order to: 40
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(i) Promote agriculture while protecting public health and 1
welfare and the environment; 2
(ii) Provide opportunities for farmers and ranchers to utilize 3
agricultural land to produce agricultural products;4
(iii) Aid farmers and landowners in utilizing the land for the 5
best combination of production, habitat, carbon sequestration, and 6
any combination of commercial and conservation activities;7
(iv) Preserve historical, cultural, and natural aspects of our 8
national heritage of agriculture; 9
(v) Balance the requirements of chapters 36.70A and 43.21C RCW, 10
and other environmental policies of the state with the future 11
viability of agriculture. 12
NEW SECTION. Sec. 2. The legislature authorizes and directs 13
that, to the fullest extent possible, the policies, regulations, and 14
laws of the state of Washington shall be interpreted and administered 15
in accordance with the policies set forth in this chapter and that 16
the department of natural resources, the department of fish and 17
wildlife, the department of ecology, the forest practices board, the 18
department of labor and industries, or the department of commerce 19
shall:20
(1) Utilize systematic, interdisciplinary approaches, methods, 21
and procedures to ensure the integrated use of the natural and social 22
sciences in planning and decision making with respect to issues that 23
have an impact on the agricultural economy in Washington state;24
(2) Identify and develop methods and procedures, in consultation 25
with the department and the state conservation commission, which will 26
ensure that the viability of agricultural activities will be given 27
appropriate consideration in decision-making, along with regulatory 28
requirements, economic, and technical considerations;29
(3)(a) Include in every recommendation or report on proposals for 30
agency request legislation, legislative reports, rule-making actions, 31
or policy development that significantly affect agriculture, an 32
agricultural impact statement developed by the director or the 33
director's designee regarding: 34
(i) The economic impact of the proposed action on the conduct of 35
agriculture in Washington; 36
(ii) Any adverse effects that cannot be avoided should the 37
proposal be implemented; 38
(iii) Alternatives to the proposed action; 39
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(iv) The qualitative or quantitative relationship between local 1
short-term uses of the environment and the maintenance and 2
enhancement of long-term agricultural productivity;3
(v) Any irreversible and irretrievable commitments of resources 4
that would be involved in the proposed action should it be 5
implemented; and 6
(vi) Any proposals to mitigate potential impacts;7
(b) Before making any detailed statement, the responsible 8
official or the official's designee shall request consultation with 9
and obtain comments from an economist employed by a land grant 10
university or the department; and 11
(4) Study, develop, and describe appropriate alternatives to 12
recommended courses of action in any proposed action that involves 13
unresolved conflicts concerning alternative uses of available 14
resources, including mitigation required in section 4 of this act for 15
any loss of use of land or loss of commercial opportunities due to 16
any agency action. 17
NEW SECTION. Sec. 3. (1)(a) The director of financial 18
management or the director's designee, in cooperation with 19
appropriate legislative committees and legislative staff, must 20
establish a mechanism for the determination of the fiscal impact of 21
proposed legislation that, if enacted into law, would directly or 22
indirectly increase or decrease regulatory costs incurred by entities 23
engaged in agriculture. The office of financial management shall, 24
when requested by a member of the state legislature, report in 25
writing as to the fiscal impact and the report may be known as a 26
fiscal note. The office of financial management must consult with an 27
agricultural economist employed by the department for an accurate 28
depiction of economic impacts to agriculture in Washington.29
(b) For purposes of this subsection, "entities engaged in 30
agriculture" includes entities registered with the office of the 31
secretary of state as engaged in the manufacturing, production, or 32
processing of agricultural products. 33
(2) Fiscal notes must indicate by fiscal year the total impact on 34
the agricultural economy for the first two years the legislation 35
would be in effect and also a cumulative six-year forecast of the 36
fiscal impact. Where feasible and applicable, the fiscal note must 37
also indicate the fiscal impact on each industry or a representative 38
sampling of the industry broadly. 39
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(3) A fiscal note must be provided only upon request of a member 1
of the state legislature. A request for a fiscal note on legislation 2
is considered to be a continuing request for a fiscal note on any 3
formal alteration of the legislation in the form of an amendment to 4
the legislation that is adopted by a committee or a chamber of the 5
legislature or a substitute version of the legislation that is 6
adopted by a committee and preparation of the fiscal note on the 7
prior version of the legislation must stop, unless the legislator 8
requesting the fiscal note specifies otherwise or the altered version 9
is first adopted or enacted in the last week of a legislative 10
session. 11
(4) Fiscal notes must be completed within one week of the request 12
unless an extended time period is authorized by the requesting 13
legislator. In the event a fiscal note has not been completed within 14
one week of a request, a daily report must be prepared for the 15
requesting legislator by the director of financial management. The 16
daily report must summarize the progress in preparing the fiscal 17
note. If the request is referred to the director of agriculture, the 18
daily report must also include the date and time such referral was 19
made. 20
NEW SECTION. Sec. 4. If the department of natural resources, 21
the department of fish and wildlife, the department of ecology, the 22
forest practices board, or the department of commerce proposes an 23
action that will result in the deprivation of the beneficial use of 24
the real property to such an extent that the deprivation results in 25
the loss of financial benefit from the current or future use of 26
property engaged in agriculture or other natural resourced based 27
commercial activities, the department proposing the action must 28
propose mitigation measures in the following sequence:29
(1) Avoidance of impacts through technical assistance or 30
amendment of such proposal; 31
(2) Where avoidance of adverse impacts is not reasonably 32
attainable, minimizing impacts by providing permanent access to 33
replacement acreage either from state land controlled by that agency 34
or in cooperation with other agencies that control access to state 35
lands; 36
(3) Where avoidance and minimization are not reasonably 37
attainable, compensating for adverse impacts by providing in-kind 38
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mitigation or financial compensation for lost property from the 1
habitat conservation account established in RCW 79A.15.040.2
NEW SECTION. Sec. 5. This chapter may be known and cited as the 3
food economics, availability, and security over time act.4
Sec. 6. RCW 79A.15.040 and 2021 c 209 s 19 are each amended to 5
read as follows: 6
(1) Moneys appropriated for this chapter prior to July 1, 2016, 7
to the habitat conservation account shall be distributed in the 8
following way: 9
(a) Not less than ((forty)) 40 percent through June 30, 2011, at 10
which time the amount shall become ((forty-five)) 45 percent, for the 11
acquisition and development of critical habitat; 12
(b) Not less than ((thirty)) 30 percent for the acquisition and 13
development of natural areas; 14
(c) Not less than ((twenty)) 20 percent for the acquisition and 15
development of urban wildlife habitat; and 16
(d) Not less than ((ten)) 10 percent through June 30, 2011, at 17
which time the amount shall become five percent, shall be used by the 18
board to fund restoration and enhancement projects on state lands. 19
Only the department of natural resources and the department of fish 20
and wildlife may apply for these funds to be used on existing habitat 21
and natural area lands. 22
(2) Moneys appropriated beginning July 1, 2016, for this chapter 23
to the habitat conservation account shall be distributed in the 24
following way: 25
(a) Not less than ((thirty-five)) 35 percent for the acquisition 26
and development of critical habitat; 27
(b) Not less than ((twenty-five)) 25 percent for the acquisition 28
and development of natural areas; 29
(c) Not less than ((fifteen)) 15 percent for the acquisition or 30
enhancement or restoration of riparian habitat; 31
(d) Not less than ((fifteen)) 15 percent for the acquisition and 32
development of urban wildlife habitat; and 33
(e) Not less than ((ten)) 10 percent or ((three million dollars)) 34
$3,000,000, whichever is less, for the board to fund restoration and 35
enhancement projects on state lands. Any amount above ((three million 36
dollars)) $3,000,000 must be distributed for the purposes of (c) of 37
this subsection. 38
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(3)(a) In distributing these funds, the board retains discretion 1
to meet the most pressing needs for critical habitat, natural areas, 2
riparian protection, and urban wildlife habitat, and is not required 3
to meet the percentages described in subsections (1) and (2) of this 4
section in any one biennium. 5
(b) If not enough project applications are submitted in a 6
category within the habitat conservation account to meet the 7
percentages described in subsections (1) and (2) of this section in 8
any biennium, the board retains discretion to distribute any 9
remaining funds to the other categories within the account or to fund 10
the requirements of section 4(3) of this act in this account.11
(4) State agencies and nonprofit nature conservancies may apply 12
for acquisition and development funds for natural areas projects 13
under subsection (1)(b) of this section. 14
(5) State and local agencies and nonprofit nature conservancies 15
may apply for acquisition and development funds for critical habitat, 16
urban wildlife habitat, and riparian protection projects under this 17
section. Other state agencies not defined in RCW 79A.15.010, such as 18
the department of transportation and the department of corrections, 19
may enter into interagency agreements with state agencies to apply in 20
partnership for riparian protection funds under this section.21
(6) The department of natural resources, the department of fish 22
and wildlife, and the state parks and recreation commission may apply 23
for restoration and enhancement funds to be used on existing state-24
owned lands. 25
(7)(a) Any lands that have been acquired with grants under this 26
section by the department of fish and wildlife are subject to an 27
amount in lieu of real property taxes and an additional amount for 28
control of noxious weeds as determined by RCW 77.12.203.29
(b) Any lands that have been acquired with grants under this 30
section by the department of natural resources are subject to 31
payments in the amounts required under the provisions of RCW 32
79.70.130 and 79.71.130. 33
(8) Except as otherwise conditioned by RCW 79A.15.140 or 34
79A.15.150, the board in its evaluating process shall consider the 35
following in determining distribution priority: 36
(a) Whether the entity applying for funding is a Puget Sound 37
partner, as defined in RCW 90.71.010; 38
(b) Effective one calendar year following the development and 39
statewide availability of urban forestry management plans and 40
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ordinances under RCW 76.15.090, whether the entity receiving 1
assistance has been recognized, and what gradation of recognition was 2
received, in the evergreen community designation program created in 3
RCW 76.15.090; and 4
(c) Whether the project is referenced in the action agenda 5
developed by the Puget Sound partnership under RCW 90.71.310.6
(9) After January 1, 2010, any project designed to address the 7
restoration of Puget Sound may be funded under this chapter only if 8
the project is not in conflict with the action agenda developed by 9
the Puget Sound partnership under RCW 90.71.310. 10
NEW SECTION. Sec. 7. A new section is added to chapter 35.13 11
RCW to read as follows: 12
Within 30 days after the filing of a city's or town's annexation 13
resolution pursuant to RCW 35.13.015 with the board of county 14
commissioners or within 30 days after filing with the county 15
commissioners a petition calling for an election on annexation, as 16
provided in RCW 35.13.020, or within 30 days after approval by the 17
legislative body of a city or town of a petition of property owners 18
calling for annexation, as provided in RCW 35.13.130, the city or 19
town shall complete an agricultural impact statement as described in 20
section 2 (3)(a) of this act to determine whether the property to be 21
annexed is of agricultural significance. 22
NEW SECTION. Sec. 8. A new section is added to chapter 35.21 23
RCW to read as follows: 24
A city or town must complete an agricultural impact statement as 25
described in section 2 (3)(a) of this act before adopting a zoning 26
amendment changing the designation from agriculture to some other 27
designation. If the zoning amendment results in the loss of 28
agricultural land, the change in designation must be mitigated by 29
conserving adjacent farmland that is comparable in size, soil 30
quality, and agricultural value. If adjacent farmland is not 31
available, farmland in other areas or unfarmed land restored to 32
production may be used for mitigation at a rate of three acres for 33
every acre lost. 34
NEW SECTION. Sec. 9. A new section is added to chapter 35A.14 35
RCW to read as follows: 36
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Within 30 days after the filing of a charter code city's or 1
noncharter code city's annexation resolution pursuant to RCW 2
35A.14.015 with the board of county commissioners or within 30 days 3
after filing with the county commissioners a petition calling for an 4
election on annexation, as provided in RCW 35A.14.020, or within 30 5
days after approval by the legislative body of a charter code city or 6
noncharter code city of a petition of property owners calling for 7
annexation, as provided in RCW 35A.14.120, the charter code city or 8
noncharter code city shall complete an agricultural impact statement 9
as described in section 2 (3)(a) of this act to determine whether the 10
property to be annexed is of agricultural significance.11
NEW SECTION. Sec. 10. A new section is added to chapter 35A.21 12
RCW to read as follows: 13
A code city must complete an agricultural impact statement as 14
described in section 2 (3)(a) of this act before adopting a zoning 15
amendment changing the designation from agriculture to some other 16
designation. If the zoning amendment results in the loss of 17
agricultural land, the change in designation must be mitigated by 18
conserving adjacent farmland that is comparable in size, soil 19
quality, and agricultural value. If adjacent farmland is not 20
available, farmland in other areas or unfarmed land restored to 21
production may be used for mitigation at a rate of three acres for 22
every acre lost. 23
NEW SECTION. Sec. 11. A new section is added to chapter 36.01 24
RCW to read as follows: 25
A county must complete an agricultural impact statement as 26
described in section 2 (3)(a) of this act before adopting a zoning 27
amendment changing the designation from agriculture to some other 28
designation. If the zoning amendment results in the loss of 29
agricultural land, the change in designation must be mitigated by 30
conserving adjacent farmland that is comparable in size, soil 31
quality, and agricultural value. If adjacent farmland is not 32
available, farmland in other areas or unfarmed land restored to 33
production may be used for mitigation at a rate of three acres for 34
every acre lost. 35
Sec. 12. RCW 36.70A.110 and 2025 c 258 s 2 are each amended to 36
read as follows: 37
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(1) Each county that is required or chooses to plan under RCW 1
36.70A.040 shall designate an urban growth area or areas within which 2
urban growth shall be encouraged and outside of which growth can 3
occur only if it is not urban in nature. Each city that is located in 4
such a county shall be included within an urban growth area. An urban 5
growth area may include more than a single city. An urban growth area 6
may include territory that is located outside of a city only if such 7
territory already is characterized by urban growth whether or not the 8
urban growth area includes a city, or is adjacent to territory 9
already characterized by urban growth, or is a designated new fully 10
contained community as defined by RCW 36.70A.350. When a federally 11
recognized Indian tribe whose reservation or ceded lands lie within 12
the county or city has voluntarily chosen to participate in the 13
planning process pursuant to RCW 36.70A.040, the county or city and 14
the tribe shall coordinate their planning efforts for any areas 15
planned for urban growth consistent with the terms outlined in the 16
memorandum of agreement provided for in RCW 36.70A.040(8).17
(2) Based upon the growth management population projection made 18
for the county by the office of financial management, the county and 19
each city within the county shall include areas and densities 20
sufficient to permit the urban growth that is projected to occur in 21
the county or city for the succeeding ((twenty-year)) 20-year period, 22
except for those urban growth areas contained totally within a 23
national historical reserve. As part of this planning process, each 24
city within the county must include areas sufficient to accommodate 25
the broad range of needs and uses that will accompany the projected 26
urban growth including, as appropriate, medical, governmental, 27
institutional, commercial, service, retail, and other nonresidential 28
uses. 29
Each urban growth area shall permit urban densities and shall 30
include greenbelt and open space areas. In the case of urban growth 31
areas contained totally within a national historical reserve, the 32
city may restrict densities, intensities, and forms of urban growth 33
as determined to be necessary and appropriate to protect the 34
physical, cultural, or historic integrity of the reserve. An urban 35
growth area determination may include a reasonable land market supply 36
factor and shall permit a range of urban densities and uses. In 37
determining this market factor, cities and counties may consider 38
local circumstances. Cities and counties have discretion in their 39
comprehensive plans to make many choices about accommodating growth.40
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Within one year of July 1, 1990, each county that as of June 1, 1
1991, was required or chose to plan under RCW 36.70A.040, shall begin 2
consulting with each city located within its boundaries and each city 3
shall propose the location of an urban growth area. Within ((sixty)) 4
60 days of the date the county legislative authority of a county 5
adopts its resolution of intention or of certification by the office 6
of financial management, all other counties that are required or 7
choose to plan under RCW 36.70A.040 shall begin this consultation 8
with each city located within its boundaries. The county shall 9
attempt to reach agreement with each city on the location of an urban 10
growth area within which the city is located. If such an agreement is 11
not reached with each city located within the urban growth area, the 12
county shall justify in writing why it so designated the area an 13
urban growth area. A city may object formally with the department 14
over the designation of the urban growth area within which it is 15
located. Where appropriate, the department shall attempt to resolve 16
the conflicts, including the use of mediation services.17
(3) Urban growth should be located first in areas already 18
characterized by urban growth that have adequate existing public 19
facility and service capacities to serve such development, second in 20
areas already characterized by urban growth that will be served 21
adequately by a combination of both existing public facilities and 22
services and any additional needed public facilities and services 23
that are provided by either public or private sources, and third in 24
the remaining portions of the urban growth areas. Urban growth may 25
also be located in designated new fully contained communities as 26
defined by RCW 36.70A.350. 27
(4) In general, cities are the units of local government most 28
appropriate to provide urban governmental services. In general, it is 29
not appropriate that urban governmental services be extended to or 30
expanded in rural areas except in those limited circumstances shown 31
to be necessary to protect basic public health and safety and the 32
environment and when such services are financially supportable at 33
rural densities and do not permit urban development and as authorized 34
in RCW 36.70A.830. 35
(5) On or before October 1, 1993, each county that was initially 36
required to plan under RCW 36.70A.040(1) shall adopt development 37
regulations designating interim urban growth areas under this 38
chapter. Within three years and three months of the date the county 39
legislative authority of a county adopts its resolution of intention 40
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or of certification by the office of financial management, all other 1
counties that are required or choose to plan under RCW 36.70A.040 2
shall adopt development regulations designating interim urban growth 3
areas under this chapter. Adoption of the interim urban growth areas 4
may only occur after public notice; public hearing; and compliance 5
with the state environmental policy act, chapter 43.21C RCW, and 6
under this section. Such action may be appealed to the growth 7
management hearings board under RCW 36.70A.280. Final urban growth 8
areas shall be adopted at the time of comprehensive plan adoption 9
under this chapter. 10
(6) Each county shall include designations of urban growth areas 11
in its comprehensive plan. 12
(7) An urban growth area designated in accordance with this 13
section may include within its boundaries urban service areas or 14
potential annexation areas designated for specific cities or towns 15
within the county. 16
(8) If, during the county's annual review under RCW 17
36.70A.130(2)(a), the county determines revision of the urban growth 18
area is not required to accommodate the population projection for the 19
county made by the office of financial management for the succeeding 20
20-year period, but does determine that patterns of development have 21
created pressure for development in areas exceeding the amount of 22
available developable lands within the urban growth area, then the 23
county may revise the urban growth area or areas based on identified 24
patterns of development and likely future development pressure if the 25
following requirements are met: 26
(a) The revised urban growth area would not result in a net 27
increase in the total acreage or development capacity of the urban 28
growth area or areas; 29
(b) The county completes an agricultural impact statement as 30
described in section 2 (3)(a) of this act if the revised urban growth 31
area contains land that is currently zoned for agricultural use;32
(c) The areas added to the urban growth area are not designated 33
by the county as agricultural, forest, or mineral resource lands of 34
long-term commercial significance; 35
(((c))) (d) If the areas added to the urban growth area have 36
previously been designated as agricultural, forest, or mineral 37
resource lands of long-term commercial significance, either an 38
equivalent amount of agricultural, forest, or mineral resource lands 39
of long-term commercial significance must be added to the area 40
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outside of the urban growth area, or the county must wait a minimum 1
of two years before another swap may occur; 2
(((d))) (e) Less than 15 percent of the areas added to the urban 3
growth area are critical areas other than critical aquifer recharge 4
areas. Critical aquifer recharge areas must have been previously 5
designated by the county and be maintained per county development 6
regulations within the expanded urban growth area and the revised 7
urban growth area must not result in a net increase in critical 8
aquifer recharge areas within the urban growth area;9
(((e))) (f) The areas added to the urban growth areas are 10
suitable for urban growth; 11
(((f))) (g) The transportation element and capital facility plan 12
element of the county's comprehensive plan have identified the 13
transportation facilities and public facilities and services needed 14
to serve the urban growth area and the funding to provide the 15
transportation facilities and public facilities and services;16
(((g))) (h) The areas removed from the urban growth area are not 17
characterized by urban growth or urban densities; 18
(((h))) (i) The revised urban growth area is contiguous, does not 19
include holes or gaps, and will not increase pressures to urbanize 20
rural or natural resource lands; 21
(((i))) (j) The county's proposed urban growth area revision has 22
been reviewed according to the process and procedure in the 23
countywide planning policies adopted and approved according to RCW 24
36.70A.210; and 25
(((j))) (k) The revised urban growth area meets all other 26
requirements of this section. 27
(9)(a) At the earliest possible date prior to the revision of the 28
county's urban growth area authorized under subsection (8) of this 29
section, the county must engage in meaningful consultation with any 30
federally recognized Indian tribe that may be potentially affected by 31
the proposed revision. Meaningful consultation must include 32
discussion of the potential impacts to cultural resources and tribal 33
treaty rights. 34
(b) A county must notify the affected federally recognized Indian 35
tribe of the proposed revision using at least two methods, including 36
by mail. Upon receiving a notice, the federally recognized Indian 37
tribe may request a consultation to determine whether an agreement 38
can be reached related to the revision of the county's urban growth 39
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area. If an agreement is not reached, the parties must enter 1
mediation pursuant to RCW 36.70A.040. 2
(10)(a) Except as provided in (b) of this subsection, the 3
expansion of an urban growth area is prohibited into the ((one 4
hundred year )) 100-year floodplain of any river or river segment 5
that: (i) Is located west of the crest of the Cascade mountains; and 6
(ii) has a mean annual flow of one thousand or more cubic feet per 7
second as determined by the department of ecology. 8
(b) Subsection (10)(a) of this section does not apply to:9
(i) Urban growth areas that are fully contained within a 10
floodplain and lack adjacent buildable areas outside the floodplain;11
(ii) Urban growth areas where expansions are precluded outside 12
floodplains because: 13
(A) Urban governmental services cannot be physically provided to 14
serve areas outside the floodplain; or 15
(B) Expansions outside the floodplain would require a river or 16
estuary crossing to access the expansion; or 17
(iii) Urban growth area expansions where: 18
(A) Public facilities already exist within the floodplain and the 19
expansion of an existing public facility is only possible on the land 20
to be included in the urban growth area and located within the 21
floodplain; or 22
(B) Urban development already exists within a floodplain as of 23
July 26, 2009, and is adjacent to, but outside of, the urban growth 24
area, and the expansion of the urban growth area is necessary to 25
include such urban development within the urban growth area; or26
(C) The land is owned by a jurisdiction planning under this 27
chapter or the rights to the development of the land have been 28
permanently extinguished, and the following criteria are met:29
(I) The permissible use of the land is limited to one of the 30
following: Outdoor recreation; environmentally beneficial 31
projects((,)) including, but not limited to , habitat enhancement or 32
environmental restoration; stormwater facilities; flood control 33
facilities; or underground conveyances; and 34
(II) The development and use of such facilities or projects will 35
not decrease flood storage, increase stormwater runoff, discharge 36
pollutants to fresh or salt waters during normal operations or 37
floods, or increase hazards to people and property.38
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(c) For the purposes of this subsection (10), " ((one hundred 1
year)) 100-year floodplain" means the same as "special flood hazard 2
area" as set forth in WAC 173-158-040 as it exists on July 26, 2009.3
(11) If a county, city, or utility has adopted a capital facility 4
plan or utilities element to provide sewer service within the urban 5
growth areas during the ((twenty-year)) 20-year planning period, 6
nothing in this chapter obligates counties, cities, or utilities to 7
install sanitary sewer systems to properties within urban growth 8
areas designated under subsection (2) of this section by the end of 9
the ((twenty-year)) 20-year planning period when those properties:10
(a)(i) Have existing, functioning, nonpolluting on-site sewage 11
systems; 12
(ii) Have a periodic inspection program by a public agency to 13
verify the on-site sewage systems function properly and do not 14
pollute surface or groundwater; and 15
(iii) Have no redevelopment capacity; or 16
(b) Do not require sewer service because development densities 17
are limited due to wetlands, floodplains, fish and wildlife habitats, 18
or geological hazards. 19
Sec. 13. RCW 36.70A.130 and 2025 c 269 s 5 and 2025 c 148 s 1 20
are each reenacted and amended to read as follows:21
(1)(a) Each comprehensive land use plan and development 22
regulations shall be subject to continuing review and evaluation by 23
the county or city that adopted them. Except as otherwise provided, a 24
county or city shall take legislative action to review and, if 25
needed, revise its comprehensive land use plan and development 26
regulations to ensure the plan and regulations comply with the 27
requirements of this chapter according to the deadlines in 28
subsections (4) and (5) of this section. 29
(b)(i) A city or town located within a county planning under RCW 30
36.70A.040 may opt out of a full review and revisions of its 31
comprehensive plan established in this section if the city or town 32
meets the following criteria: 33
(A) Has a population fewer than 500; 34
(B) Is not located within 10 miles of a city with a population 35
over 100,000; 36
(C) Experienced a population growth rate of fewer than 10 percent 37
in the preceding 10 years; and 38
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(D) Has provided the department with notice of its intent to 1
participate in a partial review and revision of its comprehensive 2
plan. 3
(ii) The department shall review the population growth rate for a 4
city or town participating in the partial review and revision of its 5
comprehensive plan process at least three years before the periodic 6
update is due as outlined in subsection (4) of this section and 7
notify cities of their eligibility. 8
(iii) A city or town that opts out of a full review and revision 9
of its comprehensive plan must update its critical areas regulations 10
and its capital facilities element and its transportation element.11
(c) Except as otherwise provided, a county or city not planning 12
under RCW 36.70A.040 shall take action to review and, if needed, 13
revise its policies and development regulations regarding critical 14
areas and natural resource lands adopted according to this chapter to 15
ensure these policies and regulations comply with the requirements of 16
this chapter according to the deadlines in subsections (4) and (5) of 17
this section. Legislative action means the adoption of a resolution 18
or ordinance following notice and a public hearing indicating at a 19
minimum, a finding that a review and evaluation has occurred and 20
identifying the revisions made, or that a revision was not needed and 21
the reasons therefor. 22
(d) The review and evaluation required by this subsection shall 23
include, but is not limited to, consideration of critical area 24
ordinances and, if planning under RCW 36.70A.040, an analysis of the 25
population allocated to a city or county from the most recent 10-year 26
population forecast by the office of financial management.27
(e) Any amendment of or revision to a comprehensive land use plan 28
shall conform to this chapter. Any amendment of or revision to 29
development regulations shall be consistent with and implement the 30
comprehensive plan. 31
(2)(a) Each county and city shall establish and broadly 32
disseminate to the public a public participation program consistent 33
with RCW 36.70A.035 and 36.70A.140 that identifies procedures and 34
schedules whereby updates, proposed amendments, or revisions of the 35
comprehensive plan are considered by the governing body of the county 36
or city no more frequently than once every year. "Updates" means to 37
review and revise, if needed, according to subsection (1) of this 38
section, and the deadlines in subsections (4) and (5) of this section 39
or in accordance with the provisions of subsection (6) of this 40
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section. Amendments may be considered more frequently than once per 1
year under the following circumstances: 2
(i) The initial adoption of a subarea plan. Subarea plans adopted 3
under this subsection (2)(a)(i) must clarify, supplement, or 4
implement jurisdiction-wide comprehensive plan policies, and may only 5
be adopted if the cumulative impacts of the proposed plan are 6
addressed by appropriate environmental review under chapter 43.21C 7
RCW; 8
(ii) The development of an initial subarea plan for economic 9
development located outside of the 100 year floodplain in a county 10
that has completed a state-funded pilot project that is based on 11
watershed characterization and local habitat assessment;12
(iii) The adoption or amendment of a shoreline master program 13
under the procedures set forth in chapter 90.58 RCW;14
(iv) The amendment of the capital facilities element of a 15
comprehensive plan that occurs concurrently with the adoption or 16
amendment of a county or city budget; 17
(v) The adoption of comprehensive plan amendments necessary to 18
enact a planned action under RCW 43.21C.440, provided that amendments 19
are considered in accordance with the public participation program 20
established by the county or city under this subsection (2)(a) and 21
all persons who have requested notice of a comprehensive plan update 22
are given notice of the amendments and an opportunity to comment; or23
(vi) The adoption or amendment of any housing element necessary 24
to receive a determination of compliance under RCW 36.70A.835.25
(b) Except as otherwise provided in (a) of this subsection, all 26
proposals shall be considered by the governing body concurrently so 27
the cumulative effect of the various proposals can be ascertained. 28
However, after appropriate public participation a county or city may 29
adopt amendments or revisions to its comprehensive plan that conform 30
with this chapter whenever an emergency exists or to resolve an 31
appeal of a comprehensive plan filed with the growth management 32
hearings board or with the court. 33
(3)(a) Each county that designates urban growth areas under RCW 34
36.70A.110 shall review, according to the schedules established in 35
subsections (4) and (5) of this section, its designated urban growth 36
area or areas, patterns of development occurring within the urban 37
growth area or areas, and the densities permitted within both the 38
incorporated and unincorporated portions of each urban growth area. 39
In conjunction with this review by the county, each city located 40
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within an urban growth area shall review the densities permitted 1
within its boundaries, and the extent to which the urban growth 2
occurring within the county has located within each city and the 3
unincorporated portions of the urban growth areas. 4
(b) The county comprehensive plan designating urban growth areas, 5
and the densities permitted in the urban growth areas by the 6
comprehensive plans of the county and each city located within the 7
urban growth areas, shall be revised to accommodate the urban growth 8
projected to occur in the county for the succeeding 20-year period. 9
The review required by this subsection may be combined with the 10
review and evaluation required by RCW 36.70A.215. 11
(c) If, during the county's review under (a) of this subsection, 12
the county determines revision of the urban growth area is not 13
required to accommodate the urban growth projected to occur in the 14
county for the succeeding 20-year period, but does determine that 15
patterns of development have created pressure in areas that exceed 16
available, developable lands within the urban growth area, the urban 17
growth area or areas may be revised to accommodate identified 18
patterns of development and likely future development pressure for 19
the succeeding 20-year period if the following requirements are met:20
(i) The revised urban growth area may not result in an increase 21
in the total surface areas of the urban growth area or areas;22
(ii) The county completes an agricultural impact statement as 23
described in section 2 (3)(a) of this act if the revised urban growth 24
area contains land that is currently zoned for agricultural use;25
(iii) The areas added to the urban growth area are not or have 26
not been designated as agricultural, forest, or mineral resource 27
lands of long-term commercial significance; 28
(((iii))) (iv) Less than 15 percent of the areas added to the 29
urban growth area are critical areas; 30
(((iv))) (v) The areas added to the urban growth areas are 31
suitable for urban growth; 32
(((v))) (vi) The transportation element and capital facility plan 33
element have identified the transportation facilities, and public 34
facilities and services needed to serve the urban growth area and the 35
funding to provide the transportation facilities and public 36
facilities and services; 37
(((vi))) (vii) The urban growth area is not larger than needed to 38
accommodate the growth planned for the succeeding 20-year planning 39
period and a reasonable land market supply factor;40
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(((vii))) (viii) The areas removed from the urban growth area do 1
not include urban growth or urban densities; and 2
(((viii))) (ix) The revised urban growth area is contiguous, does 3
not include holes or gaps, and will not increase pressures to 4
urbanize rural or natural resource lands. 5
(4) Except as otherwise provided in subsections (6) and (8) of 6
this section, counties and cities shall take action to review and, if 7
needed, revise their comprehensive plans and development regulations 8
to ensure the plan and regulations comply with the requirements of 9
this chapter as follows: 10
(a) On or before June 30, 2015, for King, Pierce, and Snohomish 11
counties and the cities within those counties; 12
(b) On or before June 30, 2016, for Clallam, Clark, Island, 13
Jefferson, Kitsap, Mason, San Juan, Skagit, Thurston, and Whatcom 14
counties and the cities within those counties; 15
(c) On or before June 30, 2017, for Benton, Chelan, Cowlitz, 16
Douglas, Kittitas, Lewis, Skamania, Spokane, and Yakima counties and 17
the cities within those counties; and 18
(d) On or before June 30, 2018, for Adams, Asotin, Columbia, 19
Ferry, Franklin, Garfield, Grant, Grays Harbor, Klickitat, Lincoln, 20
Okanogan, Pacific, Pend Oreille, Stevens, Wahkiakum, Walla Walla, and 21
Whitman counties and the cities within those counties.22
(5) Except as otherwise provided in subsections (6) and (8) of 23
this section, following the review of comprehensive plans and 24
development regulations required by subsection (4) of this section, 25
counties and cities shall take action to review and, if needed, 26
revise their comprehensive plans and development regulations to 27
ensure the plan and regulations comply with the requirements of this 28
chapter as follows: 29
(a) Except as provided in subsection (10) of this section, on or 30
before December 31, 2024, with the following review and, if needed, 31
revision on or before June 30, 2034, and then every 10 years 32
thereafter, for King, Kitsap, Pierce, and Snohomish counties and the 33
cities within those counties; 34
(b) On or before December 31, 2025, with the following review 35
and, if needed, revision on or before June 30, 2035, and then every 36
10 years thereafter, for Clallam, Clark, Island, Jefferson, Lewis, 37
Mason, San Juan, Skagit, Thurston, and Whatcom counties and the 38
cities within those counties; 39
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(c) On or before December 31, 2026, with the following review 1
and, if needed, revision, on or before June 30, 2036, and every 10 2
years thereafter, for Benton, Chelan, Cowlitz, Douglas, Franklin, 3
Kittitas, Skamania, Spokane, Walla Walla, and Yakima counties and the 4
cities within those counties; and 5
(d) On or before June 30, 2027, and every 10 years thereafter, 6
for Adams, Asotin, Columbia, Ferry, Garfield, Grant, Grays Harbor, 7
Klickitat, Lincoln, Okanogan, Pacific, Pend Oreille, Stevens, 8
Wahkiakum, and Whitman counties and the cities within those counties.9
(6)(a) Nothing in this section precludes a county or city from 10
conducting the review and evaluation required by this section before 11
the deadlines established in subsections (4) and (5) of this section. 12
Counties and cities may begin this process early and may be eligible 13
for grants from the department, subject to available funding, if they 14
elect to do so. 15
(b) A county that is subject to a deadline established in 16
subsection (5)(b) through (d) of this section and meets the following 17
criteria may comply with the requirements of this section at any time 18
within the 24 months following the deadline established in subsection 19
(5) of this section: The county has a population of less than 50,000 20
and has had its population increase by no more than 17 percent in the 21
10 years preceding the deadline established in subsection (5) of this 22
section as of that date. 23
(c) A city that is subject to a deadline established in 24
subsection (5)(b) through (d) of this section and meets the following 25
criteria may comply with the requirements of this section at any time 26
within the 24 months following the deadline established in subsection 27
(5) of this section: The city has a population of no more than 5,000 28
and has had its population increase by the greater of either no more 29
than 100 persons or no more than 17 percent in the 10 years preceding 30
the deadline established in subsection (5) of this section as of that 31
date. 32
(d) State agencies are encouraged to provide technical assistance 33
to the counties and cities in the review of critical area ordinances, 34
comprehensive plans, and development regulations. 35
(7)(a) The requirements imposed on counties and cities under this 36
section shall be considered "requirements of this chapter" under the 37
terms of RCW 36.70A.040(1). Only those counties and cities that meet 38
the following criteria may receive grants, loans, pledges, or 39
financial guarantees under chapter 43.155 or 70A.135 RCW:40
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(i) The county or city is in compliance with the deadlines in 1
this section; 2
(ii) The county or city demonstrates substantial progress towards 3
compliance with the deadlines in this section for development 4
regulations that protect critical areas. For the purposes of this 5
subsection (7)(a)(ii), a county or city that is fewer than 12 months 6
out of compliance with the deadlines in this section for development 7
regulations that protect critical areas is making substantial 8
progress towards compliance with the deadlines in this section; or9
(iii) The county or city demonstrates substantial progress 10
towards compliance with the deadlines in this section for any housing 11
element and any housing development regulations required to be 12
submitted to the department for review under RCW 36.70A.835. For the 13
purposes of this subsection (7)(a)(iii), a county or city that 14
applies to the department for review within the timelines specified 15
under RCW 36.70A.835 demonstrates substantial progress towards 16
compliance with the deadlines in this section and is eligible for 17
grants, loans, pledges, or financial guarantees under chapter 43.155 18
or 70A.135 RCW until the department or the growth management hearings 19
board issues a final decision determining that the county's or city's 20
housing element or any related housing development regulations are 21
not in compliance with the laws and regulations identified in RCW 22
36.70A.835(7). 23
(b) Only those counties and cities in compliance with the 24
schedules in this section may receive preference for grants or loans 25
subject to the provisions of RCW 43.17.250. 26
(8)(a) Except as otherwise provided in (c) of this subsection, if 27
a participating watershed is achieving benchmarks and goals for the 28
protection of critical areas functions and values, the county is not 29
required to update development regulations to protect critical areas 30
as they specifically apply to agricultural activities in that 31
watershed. 32
(b) A county that has made the election under RCW 36.70A.710(1) 33
may only adopt or amend development regulations to protect critical 34
areas as they specifically apply to agricultural activities in a 35
participating watershed if: 36
(i) A work plan has been approved for that watershed in 37
accordance with RCW 36.70A.725; 38
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(ii) The local watershed group for that watershed has requested 1
the county to adopt or amend development regulations as part of a 2
work plan developed under RCW 36.70A.720; 3
(iii) The adoption or amendment of the development regulations is 4
necessary to enable the county to respond to an order of the growth 5
management hearings board or court; 6
(iv) The adoption or amendment of development regulations is 7
necessary to address a threat to human health or safety; or8
(v) Three or more years have elapsed since the receipt of 9
funding. 10
(c) Beginning 10 years from the date of receipt of funding, a 11
county that has made the election under RCW 36.70A.710(1) must review 12
and, if necessary, revise development regulations to protect critical 13
areas as they specifically apply to agricultural activities in a 14
participating watershed in accordance with the review and revision 15
requirements and timeline in subsection (5) of this section. This 16
subsection (8)(c) does not apply to a participating watershed that 17
has determined under RCW 36.70A.720(2)(c)(ii) that the watershed's 18
goals and benchmarks for protection have been met.19
(9)(a) Counties subject to planning deadlines established in 20
subsection (5) of this section that are required or that choose to 21
plan under RCW 36.70A.040 and that meet either criteria of (a)(i) or 22
(ii) of this subsection, and cities with a population of more than 23
6,000 as of April 1, 2021, within those counties, must provide to the 24
department an implementation progress report detailing the progress 25
they have achieved in implementing their comprehensive plan five 26
years after the review and revision of their comprehensive plan. Once 27
a county meets the criteria in (a)(i) or (ii) of this subsection, the 28
implementation progress report requirements remain in effect 29
thereafter for that county and the cities therein with populations 30
greater than 6,000 as of April 1, 2021, even if the county later no 31
longer meets either or both criteria. A county is subject to the 32
implementation progress report requirement if it meets either of the 33
following criteria on or after April 1, 2021: 34
(i) The county has a population density of at least 100 people 35
per square mile and a population of at least 200,000; or36
(ii) The county has a population density of at least 75 people 37
per square mile and an annual growth rate of at least 1.75 percent as 38
determined by the office of financial management. 39
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(b) The department shall adopt guidelines for indicators, 1
measures, milestones, and criteria for use by counties and cities in 2
the implementation progress report that must cover:3
(i) The implementation of previously adopted changes to the 4
housing element and any effect those changes have had on housing 5
affordability and availability within the jurisdiction;6
(ii) Permit processing timelines; and 7
(iii) Progress toward implementing any actions required to 8
achieve reductions to meet greenhouse gas and vehicle miles traveled 9
requirements as provided for in any element of the comprehensive plan 10
under RCW 36.70A.070. 11
(c) If a city or county required to provide an implementation 12
progress report under this subsection (9) has not implemented any 13
specifically identified regulations, zoning and land use changes, or 14
taken other legislative or administrative action necessary to 15
implement any changes in the most recent periodic update in their 16
comprehensive plan by the due date for the implementation progress 17
report, the city or county must identify the need for such action in 18
the implementation progress report. Cities and counties must adopt a 19
work plan to implement any necessary regulations, zoning and land use 20
changes, or take other legislative or administrative action 21
identified in the implementation progress report and complete all 22
work necessary for implementation within two years of submission of 23
the implementation progress report. 24
(10) Any county or city that is required by RCW 36.70A.095 to 25
include in its comprehensive plan a climate change and resiliency 26
element and that is also required by subsection (5)(a) of this 27
section to review and, if necessary, revise its comprehensive plan on 28
or before December 31, 2024, must update its transportation element 29
and incorporate a climate change and resiliency element into its 30
comprehensive plan as part of the first implementation progress 31
report required by subsection (9) of this section if funds are 32
appropriated and distributed by December 31, 2027, as required under 33
RCW 36.70A.070(10). 34
NEW SECTION. Sec. 14. Sections 1 through 5 of this act 35
constitute a new chapter in Title 15 RCW.36
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