Street standards

AN ACT Relating to street standards and frontage improvement 1
requirements; amending RCW 36.70A.070; and reenacting and amending 2
RCW 36.70A.130. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
Sec. 1. RCW 36.70A.070 and 2024 c 135 s 1 are each amended to 5
read as follows: 6
The comprehensive plan of a county or city that is required or 7
chooses to plan under RCW 36.70A.040 shall consist of a map or maps, 8
and descriptive text covering objectives, principles, and standards 9
used to develop the comprehensive plan. The plan shall be an 10
internally consistent document and all elements shall be consistent 11
with the future land use map. A comprehensive plan shall be adopted 12
and amended with public participation as provided in RCW 36.70A.140. 13
Each comprehensive plan shall include a plan, scheme, or design for 14
each of the following: 15
(1) A land use element designating the proposed general 16
distribution and general location and extent of the uses of land, 17
where appropriate, for agriculture, timber production, housing, 18
commerce, industry, recreation, open spaces and green spaces, urban 19
and community forests within the urban growth area, general aviation 20
airports, public utilities, public facilities, and other land uses. 21
S-4032.1
SENATE BILL 6274
State of Washington 69th Legislature 2026 Regular Session
By Senator Salomon
Read first time 01/22/26. Referred to Committee on Local Government.
p. 1 SB 6274
The land use element shall include population densities, building 1
intensities, and estimates of future population growth. The land use 2
element shall provide for protection of the quality and quantity of 3
groundwater used for public water supplies. The land use element must 4
give special consideration to achieving environmental justice in its 5
goals and policies, including efforts to avoid creating or worsening 6
environmental health disparities. Wherever possible, the land use 7
element should consider utilizing urban planning approaches that 8
promote physical activity and reduce per capita vehicle miles 9
traveled within the jurisdiction, but without increasing greenhouse 10
gas emissions elsewhere in the state. Where applicable, the land use 11
element shall review drainage, flooding, and stormwater runoff in the 12
area and nearby jurisdictions and provide guidance for corrective 13
actions to mitigate or cleanse those discharges that pollute waters 14
of the state, including Puget Sound or waters entering Puget Sound. 15
The land use element must reduce and mitigate the risk to lives and 16
property posed by wildfires by using land use planning tools, which 17
may include, but are not limited to, adoption of portions or all of 18
the wildland urban interface code developed by the international code 19
council or developing building and maintenance standards consistent 20
with the firewise USA program or similar program designed to reduce 21
wildfire risk, reducing wildfire risks to residential development in 22
high risk areas and the wildland urban interface area, separating 23
human development from wildfire prone landscapes, and protecting 24
existing residential development and infrastructure through community 25
wildfire preparedness and fire adaptation measures.26
(2) A housing element ensuring the vitality and character of 27
established residential neighborhoods that: 28
(a) Includes an inventory and analysis of existing and projected 29
housing needs that identifies the number of housing units necessary 30
to manage projected growth, as provided by the department of 31
commerce, including: 32
(i) Units for moderate, low, very low, and extremely low-income 33
households; and 34
(ii) Emergency housing, emergency shelters, and permanent 35
supportive housing; 36
(b) Includes a statement of goals, policies, objectives, and 37
mandatory provisions for the preservation, improvement, and 38
development of housing, including single-family residences, and 39
within an urban growth area boundary, moderate density housing 40
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options including, but not limited to, duplexes, triplexes, and 1
townhomes; 2
(c) Identifies sufficient capacity of land for housing including, 3
but not limited to, government-assisted housing, housing for 4
moderate, low, very low, and extremely low-income households, 5
manufactured housing, multifamily housing, group homes, foster care 6
facilities, emergency housing, emergency shelters, permanent 7
supportive housing, and within an urban growth area boundary, 8
consideration of duplexes, triplexes, and townhomes;9
(d) Identifies infrastructure barriers that may constrain the 10
feasibility of housing development, including public infrastructure 11
and frontage improvement requirements that disproportionately affect 12
infill or middle housing;13
(e) Makes adequate provisions for existing and projected needs of 14
all economic segments of the community, including:15
(i) Incorporating consideration for low, very low, extremely low, 16
and moderate-income households; 17
(ii) Documenting programs and actions needed to achieve housing 18
availability including gaps in local funding, barriers such as 19
development regulations, and other limitations; 20
(iii) Consideration of housing locations in relation to 21
employment location; and 22
(iv) Consideration of the role of accessory dwelling units in 23
meeting housing needs; 24
(((e))) (f) Identifies local policies and regulations that result 25
in racially disparate impacts, displacement, and exclusion in 26
housing, including: 27
(i) Zoning that may have a discriminatory effect;28
(ii) Disinvestment; and 29
(iii) Infrastructure availability; 30
(((f))) (g) Identifies and implements policies and regulations to 31
address and begin to undo racially disparate impacts, displacement, 32
and exclusion in housing caused by local policies, plans, and 33
actions; 34
(((g))) (h) Identifies areas that may be at higher risk of 35
displacement from market forces that occur with changes to zoning 36
development regulations and capital investments; and37
(((h))) (i) Establishes antidisplacement policies, with 38
consideration given to the preservation of historical and cultural 39
communities as well as investments in low, very low, extremely low, 40
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and moderate-income housing; equitable development initiatives; 1
inclusionary zoning; community planning requirements; tenant 2
protections; land disposition policies; and consideration of land 3
that may be used for affordable housing. 4
In counties and cities subject to the review and evaluation 5
requirements of RCW 36.70A.215, any revision to the housing element 6
shall include consideration of prior review and evaluation reports 7
and any reasonable measures identified. The housing element should 8
link jurisdictional goals with overall county goals to ensure that 9
the housing element goals are met. 10
The adoption of ordinances, development regulations and 11
amendments to such regulations, and other nonproject actions taken by 12
a city that is required or chooses to plan under RCW 36.70A.040 that 13
increase housing capacity, increase housing affordability, and 14
mitigate displacement as required under this subsection (2) and that 15
apply outside of critical areas are not subject to administrative or 16
judicial appeal under chapter 43.21C RCW unless the adoption of such 17
ordinances, development regulations and amendments to such 18
regulations, or other nonproject actions has a probable significant 19
adverse impact on fish habitat. 20
(3) A capital facilities plan element consisting of: (a) An 21
inventory of existing capital facilities owned by public entities, 22
including green infrastructure, showing the locations and capacities 23
of the capital facilities; (b) a forecast of the future needs for 24
such capital facilities; (c) the proposed locations and capacities of 25
expanded or new capital facilities; (d) at least a six-year plan that 26
will finance such capital facilities within projected funding 27
capacities and clearly identifies sources of public money for such 28
purposes; and (e) a requirement to reassess the land use element if 29
probable funding falls short of meeting existing needs and to ensure 30
that the land use element, capital facilities plan element, and 31
financing plan within the capital facilities plan element are 32
coordinated and consistent. Park and recreation facilities shall be 33
included in the capital facilities plan element. 34
The county or city shall identify all public entities that own 35
capital facilities and endeavor in good faith to work with other 36
public entities, such as special purpose districts, to gather and 37
include within its capital facilities element the information 38
required by this subsection. If, after a good faith effort, the 39
county or city is unable to gather the information required by this 40
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subsection from the other public entities, the failure to include 1
such information in its capital facilities element cannot be grounds 2
for a finding of noncompliance or invalidity under chapter 228, Laws 3
of 2023. A good faith effort must, at a minimum, include consulting 4
the public entity's capital facility or system plans and emailing and 5
calling the staff of the public entity. 6
(4)(a) A utilities element consisting of the general location, 7
proposed location, and capacity of all existing and proposed 8
utilities including, but not limited to, electrical, 9
telecommunications, and natural gas systems. 10
(b) The county or city shall identify all public entities that 11
own utility systems and endeavor in good faith to work with other 12
public entities, such as special purpose districts, to gather and 13
include within its utilities element the information required in (a) 14
of this subsection. However, if, after a good faith effort, the 15
county or city is unable to gather the information required in (a) of 16
this subsection from the other public entities, the failure to 17
include such information in the utilities element shall not be 18
grounds for a finding of noncompliance or invalidity under chapter 19
228, Laws of 2023. A good faith effort must, at a minimum, include 20
consulting the public entity's capital facility or system plans, and 21
emailing and calling the staff of the public entity.22
(5) Rural element. Counties shall include a rural element 23
including lands that are not designated for urban growth, 24
agriculture, forest, or mineral resources. The following provisions 25
shall apply to the rural element: 26
(a) Growth management act goals and local circumstances. Because 27
circumstances vary from county to county, in establishing patterns of 28
rural densities and uses, a county may consider local circumstances, 29
but shall develop a written record explaining how the rural element 30
harmonizes the planning goals in RCW 36.70A.020 and meets the 31
requirements of this chapter. 32
(b) Rural development. The rural element shall permit rural 33
development, forestry, and agriculture in rural areas. The rural 34
element shall provide for a variety of rural densities, uses, 35
essential public facilities, and rural governmental services needed 36
to serve the permitted densities and uses. To achieve a variety of 37
rural densities and uses, counties may provide for clustering, 38
density transfer, design guidelines, conservation easements, and 39
other innovative techniques that will accommodate appropriate rural 40
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economic advancement, densities, and uses that are not characterized 1
by urban growth and that are consistent with rural character.2
(c) Measures governing rural development. The rural element shall 3
include measures that apply to rural development and protect the 4
rural character of the area, as established by the county, by:5
(i) Containing or otherwise controlling rural development;6
(ii) Assuring visual compatibility of rural development with the 7
surrounding rural area; 8
(iii) Reducing the inappropriate conversion of undeveloped land 9
into sprawling, low-density development in the rural area;10
(iv) Protecting critical areas, as provided in RCW 36.70A.060, 11
and surface water and groundwater resources; and 12
(v) Protecting against conflicts with the use of agricultural, 13
forest, and mineral resource lands designated under RCW 36.70A.170.14
(d) Limited areas of more intensive rural development. Subject to 15
the requirements of this subsection and except as otherwise 16
specifically provided in this subsection (5)(d), the rural element 17
may allow for limited areas of more intensive rural development, 18
including necessary public facilities and public services to serve 19
the limited area as follows: 20
(i) Rural development consisting of the infill, development, or 21
redevelopment of existing commercial, industrial, residential, or 22
mixed-use areas, whether characterized as shoreline development, 23
villages, hamlets, rural activity centers, or crossroads 24
developments. 25
(A) A commercial, industrial, residential, shoreline, or mixed-26
use area are subject to the requirements of (d)(iv) of this 27
subsection, but are not subject to the requirements of (c)(ii) and 28
(iii) of this subsection. 29
(B) Any development or redevelopment other than an industrial 30
area or an industrial use within a mixed-use area or an industrial 31
area under this subsection (5)(d)(i) must be principally designed to 32
serve the existing and projected rural population.33
(C) Any development or redevelopment in terms of building size, 34
scale, use, or intensity may be permitted subject to confirmation 35
from all existing providers of public facilities and public services 36
of sufficient capacity of existing public facilities and public 37
services to serve any new or additional demand from the new 38
development or redevelopment. Development and redevelopment may 39
include changes in use from vacant land or a previously existing use 40
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so long as the new use conforms to the requirements of this 1
subsection (5) and is consistent with the local character. Any 2
commercial development or redevelopment within a mixed-use area must 3
be principally designed to serve the existing and projected rural 4
population and must meet the following requirements:5
(I) Any included retail or food service space must not exceed the 6
footprint of previously occupied space or 5,000 square feet, 7
whichever is greater, for the same or similar use, unless the retail 8
space is for an essential rural retail service and the designated 9
limited area is located at least 10 miles from an existing urban 10
growth area, then the retail space must not exceed the footprint of 11
the previously occupied space or 10,000 square feet, whichever is 12
greater; and 13
(II) Any included retail or food service space must not exceed 14
2,500 square feet for a new use, unless the new retail space is for 15
an essential rural retail service and the designated limited area is 16
located at least 10 miles from an existing urban growth area, then 17
the new retail space must not exceed 10,000 square feet;18
For the purposes of this subsection (5)(d), "essential rural 19
retail services" means services including grocery, pharmacy, 20
hardware, automotive parts, and similar uses that sell or provide 21
products necessary for health and safety, such as food, medication, 22
sanitation supplies, and products to maintain habitability and 23
mobility; 24
(ii) The intensification of development on lots containing, or 25
new development of, small-scale recreational or tourist uses, 26
including commercial facilities to serve those recreational or 27
tourist uses, that rely on a rural location and setting, but that do 28
not include new residential development. A small-scale recreation or 29
tourist use is not required to be principally designed to serve the 30
existing and projected rural population. Public services and public 31
facilities shall be limited to those necessary to serve the 32
recreation or tourist use and shall be provided in a manner that does 33
not permit low-density sprawl; 34
(iii) The intensification of development on lots containing 35
isolated nonresidential uses or new development of isolated cottage 36
industries and isolated small-scale businesses that are not 37
principally designed to serve the existing and projected rural 38
population and nonresidential uses, but do provide job opportunities 39
for rural residents. Rural counties may allow the expansion of small-40
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scale businesses as long as those small-scale businesses conform with 1
the rural character of the area as defined by the local government 2
according to RCW 36.70A.030(((35))). Rural counties may also allow 3
new small-scale businesses to utilize a site previously occupied by 4
an existing business as long as the new small-scale business conforms 5
to the rural character of the area as defined by the local government 6
according to RCW 36.70A.030(((35))). Public services and public 7
facilities shall be limited to those necessary to serve the isolated 8
nonresidential use and shall be provided in a manner that does not 9
permit low-density sprawl; 10
(iv) A county shall adopt measures to minimize and contain the 11
existing areas of more intensive rural development, as appropriate, 12
authorized under this subsection. Lands included in such existing 13
areas shall not extend beyond the logical outer boundary of the 14
existing area, thereby allowing a new pattern of low-density sprawl. 15
Existing areas are those that are clearly identifiable and contained 16
and where there is a logical boundary delineated predominately by the 17
built environment, but that may also include undeveloped lands if 18
limited as provided in this subsection. The county shall establish 19
the logical outer boundary of an area of more intensive rural 20
development. In establishing the logical outer boundary, the county 21
shall address (A) the need to preserve the character of existing 22
natural neighborhoods and communities, (B) physical boundaries, such 23
as bodies of water, streets and highways, and land forms and 24
contours, (C) the prevention of abnormally irregular boundaries, and 25
(D) the ability to provide public facilities and public services in a 26
manner that does not permit low-density sprawl; 27
(v) For purposes of this subsection (5)(d), an existing area or 28
existing use is one that was in existence: 29
(A) On July 1, 1990, in a county that was initially required to 30
plan under all of the provisions of this chapter; 31
(B) On the date the county adopted a resolution under RCW 32
36.70A.040(2), in a county that is planning under all of the 33
provisions of this chapter under RCW 36.70A.040(2); or34
(C) On the date the office of financial management certifies the 35
county's population as provided in RCW 36.70A.040(5), in a county 36
that is planning under all of the provisions of this chapter pursuant 37
to RCW 36.70A.040(5). 38
(e) Exception. This subsection shall not be interpreted to permit 39
in the rural area a major industrial development or a master planned 40
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resort unless otherwise specifically permitted under RCW 36.70A.360 1
and 36.70A.365. 2
(6) A transportation element that implements, and is consistent 3
with, the land use element. 4
(a) The transportation element shall include the following 5
subelements: 6
(i) Land use assumptions used in estimating travel;7
(ii) Estimated multimodal level of service impacts to state-owned 8
transportation facilities resulting from land use assumptions to 9
assist in monitoring the performance of state facilities, to plan 10
improvements for the facilities, and to assess the impact of land-use 11
decisions on state-owned transportation facilities;12
(iii) Facilities and services needs, including:13
(A) An inventory of air, water, and ground transportation 14
facilities and services, including transit alignments, active 15
transportation facilities, and general aviation airport facilities, 16
to define existing capital facilities and travel levels to inform 17
future planning. This inventory must include state-owned 18
transportation facilities within the city or county's jurisdictional 19
boundaries; 20
(B) Multimodal level of service standards for all locally owned 21
arterials, locally and regionally operated transit routes that serve 22
urban growth areas, state-owned or operated transit routes that serve 23
urban areas if the department of transportation has prepared such 24
standards, and active transportation facilities to serve as a gauge 25
to judge performance of the system and success in helping to achieve 26
the goals of this chapter consistent with environmental justice. 27
These standards should be regionally coordinated; 28
(C) For state-owned transportation facilities, multimodal level 29
of service standards for highways, as prescribed in chapters 47.06 30
and 47.80 RCW, to gauge the performance of the system. The purposes 31
of reflecting multimodal level of service standards for state 32
highways in the local comprehensive plan are to monitor the 33
performance of the system, to evaluate improvement strategies, and to 34
facilitate coordination between the county's or city's six-year 35
street, road, active transportation, or transit program and the 36
office of financial management's ten-year investment program. The 37
concurrency requirements of (b) of this subsection do not apply to 38
transportation facilities and services of statewide significance 39
except for counties consisting of islands whose only connection to 40
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the mainland are state highways or ferry routes. In these island 1
counties, state highways and ferry route capacity must be a factor in 2
meeting the concurrency requirements in (b) of this subsection;3
(D) Specific actions and requirements for bringing into 4
compliance transportation facilities or services that are below an 5
established multimodal level of service standard; 6
(E) Forecasts of multimodal transportation demand and needs 7
within cities and urban growth areas, and forecasts of multimodal 8
transportation demand and needs outside of cities and urban growth 9
areas, for at least ten years based on the adopted land use plan to 10
inform the development of a transportation element that balances 11
transportation system safety and convenience to accommodate all users 12
of the transportation system to safely, reliably, and efficiently 13
provide access and mobility to people and goods. Priority must be 14
given to inclusion of transportation facilities and services 15
providing the greatest multimodal safety benefit to each category of 16
roadway users for the context and speed of the facility;17
(F) Identification of state and local system needs to equitably 18
meet current and future demands. Identified needs on state-owned 19
transportation facilities must be consistent with the statewide 20
multimodal transportation plan required under chapter 47.06 RCW. 21
Local system needs should reflect the regional transportation system 22
and local goals, and strive to equitably implement the multimodal 23
network; 24
(G) A transition plan for transportation as required in Title II 25
of the Americans with disabilities act of 1990 (ADA). As a necessary 26
step to a program access plan to provide accessibility under the ADA, 27
state and local government, public entities, and public agencies are 28
required to perform self-evaluations of their current facilities, 29
relative to accessibility requirements of the ADA. The agencies are 30
then required to develop a program access plan, which can be called a 31
transition plan, to address any deficiencies. The plan is intended to 32
achieve the following: 33
(I) Identify physical obstacles that limit the accessibility of 34
facilities to individuals with disabilities; 35
(II) Describe the methods to be used to make the facilities 36
accessible; 37
(III) Provide a schedule for making the access modifications; and38
(IV) Identify the public officials responsible for implementation 39
of the transition plan; 40
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(iv) Finance, including: 1
(A) An analysis of funding capability to judge needs against 2
probable funding resources; 3
(B) A multiyear financing plan based on the needs identified in 4
the comprehensive plan, the appropriate parts of which shall serve as 5
the basis for the six-year street, road, or transit program required 6
by RCW 35.77.010 for cities, RCW 36.81.121 for counties, and RCW 7
35.58.2795 for public transportation systems. The multiyear financing 8
plan should be coordinated with the ten-year investment program 9
developed by the office of financial management as required by RCW 10
47.05.030; 11
(C) If probable funding falls short of meeting the identified 12
needs of the transportation system, including state transportation 13
facilities, a discussion of how additional funding will be raised, or 14
how land use assumptions will be reassessed to ensure that level of 15
service standards will be met; 16
(v) Intergovernmental coordination efforts, including an 17
assessment of the impacts of the transportation plan and land use 18
assumptions on the transportation systems of adjacent jurisdictions;19
(vi) Demand-management strategies; 20
(vii) Active transportation component to include collaborative 21
efforts to identify and designate planned improvements for active 22
transportation facilities and corridors that address and encourage 23
enhanced community access and promote healthy lifestyles.24
(b) After adoption of the comprehensive plan by jurisdictions 25
required to plan or who choose to plan under RCW 36.70A.040, local 26
jurisdictions must adopt and enforce ordinances which prohibit 27
development approval if the development causes the level of service 28
on a locally owned or locally or regionally operated transportation 29
facility to decline below the standards adopted in the transportation 30
element of the comprehensive plan, unless transportation improvements 31
or strategies to accommodate the impacts of development are made 32
concurrent with the development. These strategies may include active 33
transportation facility improvements, increased or enhanced public 34
transportation service, ride-sharing programs, demand management, and 35
other transportation systems management strategies. For the purposes 36
of this subsection (6), "concurrent with the development" means that 37
improvements or strategies are in place at the time of development, 38
or that a financial commitment is in place to complete the 39
improvements or strategies within six years. If the collection of 40
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impact fees is delayed under RCW 82.02.050(3), the six-year period 1
required by this subsection (6)(b) must begin after full payment of 2
all impact fees is due to the county or city. A development proposal 3
may not be denied for causing the level of service on a locally owned 4
or locally or regionally operated transportation facility to decline 5
below the standards adopted in the transportation element of the 6
comprehensive plan where such impacts could be adequately mitigated 7
through active transportation facility improvements, increased or 8
enhanced public transportation service, ride-sharing programs, demand 9
management, or other transportation systems management strategies 10
funded by the development. 11
(c) The transportation element described in this subsection (6), 12
the six-year plans required by RCW 35.77.010 for cities, RCW 13
36.81.121 for counties, and RCW 35.58.2795 for public transportation 14
systems, and the ten-year investment program required by RCW 15
47.05.030 for the state, must be consistent. 16
(d) Counties and cities shall evaluate whether local street, 17
frontage, and right-of-way standards are consistent with adopted land 18
use and housing goals, including infill development and missing 19
middle housing. Such standards should allow for context-sensitive 20
design that considers existing conditions, anticipated traffic 21
volumes, and surrounding development patterns, and should avoid 22
unnecessary infrastructure requirements that materially constrain 23
housing feasibility on infill or redevelopment sites.24
(7) An economic development element establishing local goals, 25
policies, objectives, and provisions for economic growth and vitality 26
and a high quality of life. A city that has chosen to be a 27
residential community is exempt from the economic development element 28
requirement of this subsection. 29
(8) A park and recreation element that implements, and is 30
consistent with, the capital facilities plan element as it relates to 31
park and recreation facilities. The element shall include: (a) 32
Estimates of park and recreation demand for at least a ten-year 33
period; (b) an evaluation of facilities and service needs; (c) an 34
evaluation of tree canopy coverage within the urban growth area; and 35
(d) an evaluation of intergovernmental coordination opportunities to 36
provide regional approaches for meeting park and recreational demand.37
(9)(a) A climate change and resiliency element that is designed 38
to result in reductions in overall greenhouse gas emissions and that 39
must enhance resiliency to and avoid the adverse impacts of climate 40
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change, which must include efforts to reduce localized greenhouse gas 1
emissions and avoid creating or worsening localized climate impacts 2
to vulnerable populations and overburdened communities.3
(b) The climate change and resiliency element shall include the 4
following subelements: 5
(i) A greenhouse gas emissions reduction subelement;6
(ii) A resiliency subelement. 7
(c) The greenhouse gas emissions reduction subelement of the 8
climate change and resiliency element is mandatory for the 9
jurisdictions specified in RCW 36.70A.095 and is encouraged for all 10
other jurisdictions, including those planning under RCW 36.70A.040 11
and those planning under chapter 36.70 RCW. The resiliency subelement 12
of the climate change and resiliency element is mandatory for all 13
jurisdictions planning under RCW 36.70A.040 and is encouraged for 14
those jurisdictions planning under chapter 36.70 RCW.15
(d)(i) The greenhouse gas emissions reduction subelement of the 16
comprehensive plan, and its related development regulations, must 17
identify the actions the jurisdiction will take during the planning 18
cycle consistent with the guidelines published by the department 19
pursuant to RCW 70A.45.120 that will: 20
(A) Result in reductions in overall greenhouse gas emissions 21
generated by transportation and land use within the jurisdiction but 22
without increasing greenhouse gas emissions elsewhere in the state;23
(B) Result in reductions in per capita vehicle miles traveled 24
within the jurisdiction but without increasing greenhouse gas 25
emissions elsewhere in the state; and 26
(C) Prioritize reductions that benefit overburdened communities 27
in order to maximize the cobenefits of reduced air pollution and 28
environmental justice. 29
(ii) Actions not specifically identified in the guidelines 30
developed by the department pursuant to RCW 70A.45.120 may be 31
considered consistent with these guidelines only if:32
(A) They are projected to achieve greenhouse gas emissions 33
reductions or per capita vehicle miles traveled reductions equivalent 34
to what would be required of the jurisdiction under the guidelines 35
adopted by the department; and 36
(B) They are supported by scientifically credible projections and 37
scenarios that indicate their adoption is likely to result in 38
reductions of greenhouse gas emissions or per capita vehicle miles 39
traveled. 40
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(iii) A jurisdiction may not restrict population growth or limit 1
population allocation in order to achieve the requirements set forth 2
in this subsection (9)(d). 3
(e)(i) The resiliency subelement must equitably enhance 4
resiliency to, and avoid or substantially reduce the adverse impacts 5
of, climate change in human communities and ecological systems 6
through goals, policies, and programs consistent with the best 7
available science and scientifically credible climate projections and 8
impact scenarios that moderate or avoid harm, enhance the resiliency 9
of natural and human systems, and enhance beneficial opportunities. 10
The resiliency subelement must prioritize actions that benefit 11
overburdened communities that will disproportionately suffer from 12
compounding environmental impacts and will be most impacted by 13
natural hazards due to climate change. Specific goals, policies, and 14
programs of the resiliency subelement must include, but are not 15
limited to, those designed to: 16
(A) Identify, protect, and enhance natural areas to foster 17
resiliency to climate impacts, as well as areas of vital habitat for 18
safe passage and species migration; 19
(B) Identify, protect, and enhance community resiliency to 20
climate change impacts, including social, economic, and built 21
environment factors, that support adaptation to climate impacts 22
consistent with environmental justice; and 23
(C) Address natural hazards created or aggravated by climate 24
change, including sea level rise, landslides, flooding, drought, 25
heat, smoke, wildfire, and other effects of changes to temperature 26
and precipitation patterns. 27
(ii) A natural hazard mitigation plan or similar plan that is 28
guided by RCW 36.70A.020(14), that prioritizes actions that benefit 29
overburdened communities, and that complies with the applicable 30
requirements of this chapter, including the requirements set forth in 31
this subsection (9)(e), may be adopted by reference to satisfy these 32
requirements, except that to the extent any of the substantive 33
requirements of this subsection (9)(e) are not addressed, or are 34
inadequately addressed, in the referenced natural hazard mitigation 35
plan, a county or city must supplement the natural hazard mitigation 36
plan accordingly so that the adopted resiliency subelement complies 37
fully with the substantive requirements of this subsection (9)(e).38
(A) If a county or city intends to adopt by reference a federal 39
emergency management agency natural hazard mitigation plan in order 40
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to meet all or part of the substantive requirements set forth in this 1
subsection (9)(e), and the most recently adopted federal emergency 2
management agency natural hazard mitigation plan does not comply with 3
the requirements of this subsection (9)(e), the department may grant 4
the county or city an extension of time in which to submit a natural 5
hazard mitigation plan. 6
(B) Eligibility for an extension under this subsection prior to 7
July 1, 2027, is limited to a city or county required to review and, 8
if needed, revise its comprehensive plan on or before June 30, 2025, 9
as provided in RCW 36.70A.130, or for a city or county with an 10
existing, unexpired federal emergency management agency natural 11
hazard mitigation plan scheduled to expire before December 31, 2024.12
(C) Extension requests after July 1, 2027, may be granted if 13
requirements for the resiliency subelement are amended or added by 14
the legislature or if the department finds other circumstances that 15
may result in a potential finding of noncompliance with a 16
jurisdiction's existing and approved federal emergency management 17
agency natural hazard mitigation plan. 18
(D) A city or county that wishes to request an extension of time 19
must submit a request in writing to the department no later than the 20
date on which the city or county is required to review and, if 21
needed, revise its comprehensive plan as provided in RCW 36.70A.130.22
(E) Upon the submission of such a request to the department, the 23
city or county may have an additional 48 months from the date 24
provided in RCW 36.70A.130 in which to either adopt by reference an 25
updated federal emergency management agency natural hazard mitigation 26
plan or adopt its own natural hazard mitigation plan, and to then 27
submit that plan to the department. 28
(F) The adoption of ordinances, amendments to comprehensive 29
plans, amendments to development regulations, and other nonproject 30
actions taken by a county or city pursuant to (d) of this subsection 31
in order to implement measures specified by the department pursuant 32
to RCW 70A.45.120 are not subject to administrative or judicial 33
appeal under chapter 43.21C RCW. 34
(10) It is the intent that new or amended elements required after 35
January 1, 2002, be adopted concurrent with the scheduled update 36
provided in RCW 36.70A.130. Requirements to incorporate any such new 37
or amended elements shall be null and void until funds sufficient to 38
cover applicable local government costs are appropriated and 39
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distributed by the state at least two years before local government 1
must update comprehensive plans as required in RCW 36.70A.130.2
Sec. 2. RCW 36.70A.130 and 2025 c 269 s 5 and 2025 c 148 s 1 are 3
each reenacted and amended to read as follows: 4
(1)(a) Each comprehensive land use plan and development 5
regulations shall be subject to continuing review and evaluation by 6
the county or city that adopted them. Except as otherwise provided, a 7
county or city shall take legislative action to review and, if 8
needed, revise its comprehensive land use plan and development 9
regulations to ensure the plan and regulations comply with the 10
requirements of this chapter according to the deadlines in 11
subsections (4) and (5) of this section. 12
(b)(i) A city or town located within a county planning under RCW 13
36.70A.040 may opt out of a full review and revisions of its 14
comprehensive plan established in this section if the city or town 15
meets the following criteria: 16
(A) Has a population fewer than 500; 17
(B) Is not located within 10 miles of a city with a population 18
over 100,000; 19
(C) Experienced a population growth rate of fewer than 10 percent 20
in the preceding 10 years; and 21
(D) Has provided the department with notice of its intent to 22
participate in a partial review and revision of its comprehensive 23
plan. 24
(ii) The department shall review the population growth rate for a 25
city or town participating in the partial review and revision of its 26
comprehensive plan process at least three years before the periodic 27
update is due as outlined in subsection (4) of this section and 28
notify cities of their eligibility. 29
(iii) A city or town that opts out of a full review and revision 30
of its comprehensive plan must update its critical areas regulations 31
and its capital facilities element and its transportation element.32
(c) Except as otherwise provided, a county or city not planning 33
under RCW 36.70A.040 shall take action to review and, if needed, 34
revise its policies and development regulations regarding critical 35
areas and natural resource lands adopted according to this chapter to 36
ensure these policies and regulations comply with the requirements of 37
this chapter according to the deadlines in subsections (4) and (5) of 38
this section. Legislative action means the adoption of a resolution 39
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or ordinance following notice and a public hearing indicating at a 1
minimum, a finding that a review and evaluation has occurred and 2
identifying the revisions made, or that a revision was not needed and 3
the reasons therefor. 4
(d) The review and evaluation required by this subsection shall 5
include, but is not limited to, consideration of critical area 6
ordinances and, if planning under RCW 36.70A.040, an analysis of the 7
population allocated to a city or county from the most recent 10-year 8
population forecast by the office of financial management.9
(e) Any amendment of or revision to a comprehensive land use plan 10
shall conform to this chapter. Any amendment of or revision to 11
development regulations shall be consistent with and implement the 12
comprehensive plan. 13
(2)(a) Each county and city shall establish and broadly 14
disseminate to the public a public participation program consistent 15
with RCW 36.70A.035 and 36.70A.140 that identifies procedures and 16
schedules whereby updates, proposed amendments, or revisions of the 17
comprehensive plan are considered by the governing body of the county 18
or city no more frequently than once every year. "Updates" means to 19
review and revise, if needed, according to subsection (1) of this 20
section, and the deadlines in subsections (4) and (5) of this section 21
or in accordance with the provisions of subsection (6) of this 22
section. Amendments may be considered more frequently than once per 23
year under the following circumstances: 24
(i) The initial adoption of a subarea plan. Subarea plans adopted 25
under this subsection (2)(a)(i) must clarify, supplement, or 26
implement jurisdiction-wide comprehensive plan policies, and may only 27
be adopted if the cumulative impacts of the proposed plan are 28
addressed by appropriate environmental review under chapter 43.21C 29
RCW; 30
(ii) The development of an initial subarea plan for economic 31
development located outside of the 100 year floodplain in a county 32
that has completed a state-funded pilot project that is based on 33
watershed characterization and local habitat assessment;34
(iii) The adoption or amendment of a shoreline master program 35
under the procedures set forth in chapter 90.58 RCW;36
(iv) The amendment of the capital facilities element of a 37
comprehensive plan that occurs concurrently with the adoption or 38
amendment of a county or city budget; 39
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(v) The adoption of comprehensive plan amendments necessary to 1
enact a planned action under RCW 43.21C.440, provided that amendments 2
are considered in accordance with the public participation program 3
established by the county or city under this subsection (2)(a) and 4
all persons who have requested notice of a comprehensive plan update 5
are given notice of the amendments and an opportunity to comment; or6
(vi) The adoption or amendment of any housing element necessary 7
to receive a determination of compliance under RCW 36.70A.835.8
(b) Except as otherwise provided in (a) of this subsection, all 9
proposals shall be considered by the governing body concurrently so 10
the cumulative effect of the various proposals can be ascertained. 11
However, after appropriate public participation a county or city may 12
adopt amendments or revisions to its comprehensive plan that conform 13
with this chapter whenever an emergency exists or to resolve an 14
appeal of a comprehensive plan filed with the growth management 15
hearings board or with the court. 16
(3)(a) Each county that designates urban growth areas under RCW 17
36.70A.110 shall review, according to the schedules established in 18
subsections (4) and (5) of this section, its designated urban growth 19
area or areas, patterns of development occurring within the urban 20
growth area or areas, and the densities permitted within both the 21
incorporated and unincorporated portions of each urban growth area. 22
In conjunction with this review by the county, each city located 23
within an urban growth area shall review the densities permitted 24
within its boundaries, and the extent to which the urban growth 25
occurring within the county has located within each city and the 26
unincorporated portions of the urban growth areas.27
(b) The county comprehensive plan designating urban growth areas, 28
and the densities permitted in the urban growth areas by the 29
comprehensive plans of the county and each city located within the 30
urban growth areas, shall be revised to accommodate the urban growth 31
projected to occur in the county for the succeeding 20-year period. 32
The review required by this subsection may be combined with the 33
review and evaluation required by RCW 36.70A.215. 34
(c) If, during the county's review under (a) of this subsection, 35
the county determines revision of the urban growth area is not 36
required to accommodate the urban growth projected to occur in the 37
county for the succeeding 20-year period, but does determine that 38
patterns of development have created pressure in areas that exceed 39
available, developable lands within the urban growth area, the urban 40
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growth area or areas may be revised to accommodate identified 1
patterns of development and likely future development pressure for 2
the succeeding 20-year period if the following requirements are met:3
(i) The revised urban growth area may not result in an increase 4
in the total surface areas of the urban growth area or areas;5
(ii) The areas added to the urban growth area are not or have not 6
been designated as agricultural, forest, or mineral resource lands of 7
long-term commercial significance; 8
(iii) Less than 15 percent of the areas added to the urban growth 9
area are critical areas; 10
(iv) The areas added to the urban growth areas are suitable for 11
urban growth; 12
(v) The transportation element and capital facility plan element 13
have identified the transportation facilities, and public facilities 14
and services needed to serve the urban growth area and the funding to 15
provide the transportation facilities and public facilities and 16
services; 17
(vi) The urban growth area is not larger than needed to 18
accommodate the growth planned for the succeeding 20-year planning 19
period and a reasonable land market supply factor;20
(vii) The areas removed from the urban growth area do not include 21
urban growth or urban densities; and 22
(viii) The revised urban growth area is contiguous, does not 23
include holes or gaps, and will not increase pressures to urbanize 24
rural or natural resource lands. 25
(4) Except as otherwise provided in subsections (6) and (8) of 26
this section, counties and cities shall take action to review and, if 27
needed, revise their comprehensive plans and development regulations 28
to ensure the plan and regulations comply with the requirements of 29
this chapter as follows: 30
(a) On or before June 30, 2015, for King, Pierce, and Snohomish 31
counties and the cities within those counties; 32
(b) On or before June 30, 2016, for Clallam, Clark, Island, 33
Jefferson, Kitsap, Mason, San Juan, Skagit, Thurston, and Whatcom 34
counties and the cities within those counties; 35
(c) On or before June 30, 2017, for Benton, Chelan, Cowlitz, 36
Douglas, Kittitas, Lewis, Skamania, Spokane, and Yakima counties and 37
the cities within those counties; and 38
(d) On or before June 30, 2018, for Adams, Asotin, Columbia, 39
Ferry, Franklin, Garfield, Grant, Grays Harbor, Klickitat, Lincoln, 40
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Okanogan, Pacific, Pend Oreille, Stevens, Wahkiakum, Walla Walla, and 1
Whitman counties and the cities within those counties.2
(5) Except as otherwise provided in subsections (6) and (8) of 3
this section, following the review of comprehensive plans and 4
development regulations required by subsection (4) of this section, 5
counties and cities shall take action to review and, if needed, 6
revise their comprehensive plans and development regulations to 7
ensure the plan and regulations comply with the requirements of this 8
chapter as follows: 9
(a) Except as provided in subsection (10) of this section, on or 10
before December 31, 2024, with the following review and, if needed, 11
revision on or before June 30, 2034, and then every 10 years 12
thereafter, for King, Kitsap, Pierce, and Snohomish counties and the 13
cities within those counties; 14
(b) On or before December 31, 2025, with the following review 15
and, if needed, revision on or before June 30, 2035, and then every 16
10 years thereafter, for Clallam, Clark, Island, Jefferson, Lewis, 17
Mason, San Juan, Skagit, Thurston, and Whatcom counties and the 18
cities within those counties; 19
(c) On or before December 31, 2026, with the following review 20
and, if needed, revision, on or before June 30, 2036, and every 10 21
years thereafter, for Benton, Chelan, Cowlitz, Douglas, Franklin, 22
Kittitas, Skamania, Spokane, Walla Walla, and Yakima counties and the 23
cities within those counties; and 24
(d) On or before June 30, 2027, and every 10 years thereafter, 25
for Adams, Asotin, Columbia, Ferry, Garfield, Grant, Grays Harbor, 26
Klickitat, Lincoln, Okanogan, Pacific, Pend Oreille, Stevens, 27
Wahkiakum, and Whitman counties and the cities within those counties.28
(6)(a) Nothing in this section precludes a county or city from 29
conducting the review and evaluation required by this section before 30
the deadlines established in subsections (4) and (5) of this section. 31
Counties and cities may begin this process early and may be eligible 32
for grants from the department, subject to available funding, if they 33
elect to do so. 34
(b) A county that is subject to a deadline established in 35
subsection (5)(b) through (d) of this section and meets the following 36
criteria may comply with the requirements of this section at any time 37
within the 24 months following the deadline established in subsection 38
(5) of this section: The county has a population of less than 50,000 39
and has had its population increase by no more than 17 percent in the 40
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10 years preceding the deadline established in subsection (5) of this 1
section as of that date. 2
(c) A city that is subject to a deadline established in 3
subsection (5)(b) through (d) of this section and meets the following 4
criteria may comply with the requirements of this section at any time 5
within the 24 months following the deadline established in subsection 6
(5) of this section: The city has a population of no more than 5,000 7
and has had its population increase by the greater of either no more 8
than 100 persons or no more than 17 percent in the 10 years preceding 9
the deadline established in subsection (5) of this section as of that 10
date. 11
(d) State agencies are encouraged to provide technical assistance 12
to the counties and cities in the review of critical area ordinances, 13
comprehensive plans, and development regulations. 14
(7)(a) The requirements imposed on counties and cities under this 15
section shall be considered "requirements of this chapter" under the 16
terms of RCW 36.70A.040(1). Only those counties and cities that meet 17
the following criteria may receive grants, loans, pledges, or 18
financial guarantees under chapter 43.155 or 70A.135 RCW:19
(i) The county or city is in compliance with the deadlines in 20
this section; 21
(ii) The county or city demonstrates substantial progress towards 22
compliance with the deadlines in this section for development 23
regulations that protect critical areas. For the purposes of this 24
subsection (7)(a)(ii), a county or city that is fewer than 12 months 25
out of compliance with the deadlines in this section for development 26
regulations that protect critical areas is making substantial 27
progress towards compliance with the deadlines in this section; or28
(iii) The county or city demonstrates substantial progress 29
towards compliance with the deadlines in this section for any housing 30
element and any housing development regulations required to be 31
submitted to the department for review under RCW 36.70A.835. For the 32
purposes of this subsection (7)(a)(iii), a county or city that 33
applies to the department for review within the timelines specified 34
under RCW 36.70A.835 demonstrates substantial progress towards 35
compliance with the deadlines in this section and is eligible for 36
grants, loans, pledges, or financial guarantees under chapter 43.155 37
or 70A.135 RCW until the department or the growth management hearings 38
board issues a final decision determining that the county's or city's 39
housing element or any related housing development regulations are 40
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not in compliance with the laws and regulations identified in RCW 1
36.70A.835(7). 2
(b) Only those counties and cities in compliance with the 3
schedules in this section may receive preference for grants or loans 4
subject to the provisions of RCW 43.17.250. 5
(8)(a) Except as otherwise provided in (c) of this subsection, if 6
a participating watershed is achieving benchmarks and goals for the 7
protection of critical areas functions and values, the county is not 8
required to update development regulations to protect critical areas 9
as they specifically apply to agricultural activities in that 10
watershed. 11
(b) A county that has made the election under RCW 36.70A.710(1) 12
may only adopt or amend development regulations to protect critical 13
areas as they specifically apply to agricultural activities in a 14
participating watershed if: 15
(i) A work plan has been approved for that watershed in 16
accordance with RCW 36.70A.725; 17
(ii) The local watershed group for that watershed has requested 18
the county to adopt or amend development regulations as part of a 19
work plan developed under RCW 36.70A.720; 20
(iii) The adoption or amendment of the development regulations is 21
necessary to enable the county to respond to an order of the growth 22
management hearings board or court; 23
(iv) The adoption or amendment of development regulations is 24
necessary to address a threat to human health or safety; or25
(v) Three or more years have elapsed since the receipt of 26
funding. 27
(c) Beginning 10 years from the date of receipt of funding, a 28
county that has made the election under RCW 36.70A.710(1) must review 29
and, if necessary, revise development regulations to protect critical 30
areas as they specifically apply to agricultural activities in a 31
participating watershed in accordance with the review and revision 32
requirements and timeline in subsection (5) of this section. This 33
subsection (8)(c) does not apply to a participating watershed that 34
has determined under RCW 36.70A.720(2)(c)(ii) that the watershed's 35
goals and benchmarks for protection have been met.36
(9)(a) Counties subject to planning deadlines established in 37
subsection (5) of this section that are required or that choose to 38
plan under RCW 36.70A.040 and that meet either criteria of (a)(i) or 39
(ii) of this subsection, and cities with a population of more than 40
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6,000 as of April 1, 2021, within those counties, must provide to the 1
department an implementation progress report detailing the progress 2
they have achieved in implementing their comprehensive plan five 3
years after the review and revision of their comprehensive plan. Once 4
a county meets the criteria in (a)(i) or (ii) of this subsection, the 5
implementation progress report requirements remain in effect 6
thereafter for that county and the cities therein with populations 7
greater than 6,000 as of April 1, 2021, even if the county later no 8
longer meets either or both criteria. A county is subject to the 9
implementation progress report requirement if it meets either of the 10
following criteria on or after April 1, 2021: 11
(i) The county has a population density of at least 100 people 12
per square mile and a population of at least 200,000; or13
(ii) The county has a population density of at least 75 people 14
per square mile and an annual growth rate of at least 1.75 percent as 15
determined by the office of financial management. 16
(b) The department shall adopt guidelines for indicators, 17
measures, milestones, and criteria for use by counties and cities in 18
the implementation progress report that must cover:19
(i) The implementation of previously adopted changes to the 20
housing element and any effect those changes have had on housing 21
affordability and availability within the jurisdiction;22
(ii) Permit processing timelines; and 23
(iii) Progress toward implementing any actions required to 24
achieve reductions to meet greenhouse gas and vehicle miles traveled 25
requirements as provided for in any element of the comprehensive plan 26
under RCW 36.70A.070. 27
(c) If a city or county required to provide an implementation 28
progress report under this subsection (9) has not implemented any 29
specifically identified regulations, zoning and land use changes, or 30
taken other legislative or administrative action necessary to 31
implement any changes in the most recent periodic update in their 32
comprehensive plan by the due date for the implementation progress 33
report, the city or county must identify the need for such action in 34
the implementation progress report. Cities and counties must adopt a 35
work plan to implement any necessary regulations, zoning and land use 36
changes, or take other legislative or administrative action 37
identified in the implementation progress report and complete all 38
work necessary for implementation within two years of submission of 39
the implementation progress report. 40
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(10) Any county or city that is required by RCW 36.70A.095 to 1
include in its comprehensive plan a climate change and resiliency 2
element and that is also required by subsection (5)(a) of this 3
section to review and, if necessary, revise its comprehensive plan on 4
or before December 31, 2024, must update its transportation element 5
and incorporate a climate change and resiliency element into its 6
comprehensive plan as part of the first implementation progress 7
report required by subsection (9) of this section if funds are 8
appropriated and distributed by December 31, 2027, as required under 9
RCW 36.70A.070(10). 10
(11) In addition to comprehensive plans and development 11
regulations, counties and cities shall periodically review and, if 12
necessary, revise street standards, frontage improvement 13
requirements, and related public works design standards to ensure 14
consistency with current land use patterns, housing needs, and growth 15
management goals. Such review should occur on a schedule aligned with 16
the periodic review of comprehensive plans under subsection (5) of 17
this section.18
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