High cap. transit permits

AN ACT Relating to enhanced municipal permitting tools for high 1
capacity transit projects; amending RCW 36.70B.170, 58.17.040, 2
58.17.040, and 19.27.095; adding a new section to chapter 81.112 RCW; 3
providing an effective date; and providing an expiration date.4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
Sec. 1. RCW 36.70B.170 and 1995 c 347 s 502 are each amended to 6
read as follows: 7
(1) A local government may enter into a development agreement 8
with a person having ownership or control of real property within its 9
jurisdiction. A city may enter into a development agreement for real 10
property outside its boundaries as part of a proposed annexation or a 11
service agreement. A development agreement must set forth the 12
development standards and other provisions that shall apply to and 13
govern and vest the development, use, and mitigation of the 14
development of the real property for the duration specified in the 15
agreement. A development agreement shall be consistent with 16
applicable development regulations adopted by a local government 17
planning under chapter 36.70A RCW, except that a development 18
agreement with a regional transit authority created under chapter 19
81.112 RCW may set forth development standards that vary from 20
S-4173.1
SENATE BILL 6309
State of Washington 69th Legislature 2026 Regular Session
By Senators Liias, Alvarado, and Saldaña
Read first time 01/26/26. Referred to Committee on Local Government.
p. 1 SB 6309
otherwise applicable development regulations in order to accommodate 1
development of the facilities of the regional transit authority.2
(2) RCW 36.70B.170 through 36.70B.190 and section 501, chapter 3
347, Laws of 1995 do not affect the validity of a contract rezone, 4
concomitant agreement, annexation agreement, or other agreement in 5
existence on July 23, 1995, or adopted under separate authority, that 6
includes some or all of the development standards provided in 7
subsection (3) of this section. 8
(3) For the purposes of this section, "development standards" 9
includes, but is not limited to: 10
(a) Project elements such as permitted uses, residential 11
densities, and nonresidential densities and intensities or building 12
sizes; 13
(b) The amount and payment of impact fees imposed or agreed to in 14
accordance with any applicable provisions of state law, any 15
reimbursement provisions, other financial contributions by the 16
property owner, inspection fees, or dedications; 17
(c) Mitigation measures, development conditions, and other 18
requirements under chapter 43.21C RCW; 19
(d) Design standards such as maximum heights, setbacks, drainage 20
and water quality requirements, landscaping, and other development 21
features; 22
(e) Affordable housing; 23
(f) Parks and open space preservation; 24
(g) Phasing; 25
(h) Review procedures and standards for implementing decisions;26
(i) A build-out or vesting period for applicable standards; and27
(j) Any other appropriate development requirement or procedure.28
(4) The execution of a development agreement is a proper exercise 29
of county and city police power and contract authority. A development 30
agreement may obligate a party to fund or provide services, 31
infrastructure, or other facilities. A development agreement shall 32
reserve authority to impose new or different regulations to the 33
extent required by a serious threat to public health and safety.34
NEW SECTION. Sec. 2. A new section is added to chapter 81.112 35
RCW to read as follows: 36
A regional transit authority may: 37
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(1) Apply for land use and construction permits for its 1
facilities before acquiring the real property on which the facilities 2
will be constructed or operated; 3
(2) Apply for construction and technical permits for its 4
facilities before the local government makes a land use decision 5
regarding those facilities; and 6
(3) Construct facilities of a rail fixed guideway system as 7
defined in RCW 81.104.015 that exceed the height limits and setback 8
requirements of local development regulations so long as the regional 9
transit authority complies with those development regulations to the 10
extent practicable given the need to construct and operate the rail 11
fixed guideway system. 12
Sec. 3. RCW 58.17.040 and 2025 c 208 s 2 are each amended to 13
read as follows: 14
The provisions of this chapter shall not apply to:15
(1) Cemeteries and other burial plots while used for that 16
purpose; 17
(2) Divisions of land into lots or tracts each of which is one-18
one hundred twenty-eighth of a section of land or larger, or five 19
acres or larger if the land is not capable of description as a 20
fraction of a section of land, unless the governing authority of the 21
city, town, or county in which the land is situated shall have 22
adopted a subdivision ordinance requiring plat approval of such 23
divisions: PROVIDED, That for purposes of computing the size of any 24
lot under this item which borders on a street or road, the lot size 25
shall be expanded to include that area that would be bounded by the 26
center line of the road or street and the side lot lines of the lot 27
running perpendicular to such center line; 28
(3) Divisions made by testamentary provisions, or the laws of 29
descent; 30
(4) Divisions of land into lots or tracts classified for 31
industrial or commercial use when the city, town, or county has 32
approved a binding site plan for the use of the land in accordance 33
with local regulations. For the purposes of this section, 34
commercially zoned property includes property that is zoned to permit 35
or conditionally permit any multifamily residential uses;36
(5) A division for the purpose of lease when no residential 37
structure other than mobile homes, tiny houses or tiny houses with 38
wheels as defined in RCW 35.21.686, or travel trailers are permitted 39
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to be placed upon the land when the city, town, or county has 1
approved a binding site plan for the use of the land in accordance 2
with local regulations; 3
(6) A division made for the purpose of alteration by adjusting 4
boundary lines, between platted or unplatted lots or both, which does 5
not create any additional lot, tract, parcel, site, or division nor 6
create any lot, tract, parcel, site, or division ((which)) that 7
contains insufficient area and dimension to meet minimum requirements 8
for width and area for a building site; 9
(7) Divisions of land into lots or tracts if: (a) Such division 10
is the result of subjecting a portion of a parcel or tract of land to 11
either chapter 64.32 or 64.34 RCW subsequent to the recording of a 12
binding site plan for all such land; (b) the improvements constructed 13
or to be constructed thereon are required by the provisions of the 14
binding site plan to be included in one or more condominiums or owned 15
by an association or other legal entity in which the owners of units 16
therein or their owners' associations have a membership or other 17
legal or beneficial interest; (c) a city, town, or county has 18
approved the binding site plan for all such land; (d) such approved 19
binding site plan is recorded in the county or counties in which such 20
land is located; and (e) the binding site plan contains thereon the 21
following statement: "All development and use of the land described 22
herein shall be in accordance with this binding site plan, as it may 23
be amended with the approval of the city, town, or county having 24
jurisdiction over the development of such land, and in accordance 25
with such other governmental permits, approvals, regulations, 26
requirements, and restrictions that may be imposed upon such land and 27
the development and use thereof. Upon completion, the improvements on 28
the land shall be included in one or more condominiums or owned by an 29
association or other legal entity in which the owners of units 30
therein or their owners' associations have a membership or other 31
legal or beneficial interest. This binding site plan shall be binding 32
upon all now or hereafter having any interest in the land described 33
herein." The binding site plan may, but need not, depict or describe 34
the boundaries of the lots or tracts resulting from subjecting a 35
portion of the land to either chapter 64.32 or 64.34 RCW. A site plan 36
shall be deemed to have been approved if the site plan was approved 37
by a city, town, or county: (i) In connection with the final approval 38
of a subdivision plat or planned unit development with respect to all 39
of such land; or (ii) in connection with the issuance of building 40
p. 4 SB 6309
permits or final certificates of occupancy with respect to all of 1
such land; or (iii) if not approved pursuant to (i) and (ii) of this 2
subsection (7)(e), then pursuant to such other procedures as such 3
city, town, or county may have established for the approval of a 4
binding site plan; 5
(8) A division for the purpose of leasing land for facilities 6
providing personal wireless services while used for that purpose. 7
"Personal wireless services" means any federally licensed personal 8
wireless service. "Facilities" means unstaffed facilities that are 9
used for the transmission or reception, or both, of wireless 10
communication services including, but not necessarily limited to, 11
antenna arrays, transmission cables, equipment shelters, and support 12
structures; 13
(9) A division of land into lots or tracts of less than three 14
acres that is recorded in accordance with chapter 58.09 RCW and is 15
used or to be used for the purpose of establishing a site for 16
construction and operation of consumer-owned or investor-owned 17
electric utility facilities. For purposes of this subsection, 18
"electric utility facilities" means unstaffed facilities, except for 19
the presence of security personnel, that are used for or in 20
connection with or to facilitate the transmission, distribution, 21
sale, or furnishing of electricity including, but not limited to, 22
electric power substations. This subsection does not exempt a 23
division of land from the zoning and permitting laws and regulations 24
of cities, towns, counties, and municipal corporations. Furthermore, 25
this subsection only applies to electric utility facilities that will 26
be placed into service to meet the electrical needs of a utility's 27
existing and new customers. New customers are defined as electric 28
service locations not already in existence as of the date that 29
electric utility facilities subject to the provisions of this 30
subsection are planned and constructed; and 31
(10) A division of land into lots or tracts of less than two 32
acres that is recorded in accordance with chapter 58.09 RCW and is 33
used or to be used for the purpose of establishing a site for 34
construction and operation of a rural fire district station, provided 35
the proposed lots or tracts contain sufficient area and dimensions to 36
meet minimum building site width and area requirements, and 37
appropriate provisions are made for potable water supplies and 38
sanitary wastes. 39
p. 5 SB 6309
(11) A division of land caused by the acquisition of a portion of 1
an existing lot or tract by an agency with condemnation authority 2
that is acquiring land to build an essential public facility as 3
described in RCW 36.70A.200.4
Sec. 4. RCW 58.17.040 and 2025 c 208 s 3 are each amended to 5
read as follows: 6
The provisions of this chapter shall not apply to:7
(1) Cemeteries and other burial plots while used for that 8
purpose; 9
(2) Divisions of land into lots or tracts each of which is one-10
one hundred twenty-eighth of a section of land or larger, or five 11
acres or larger if the land is not capable of description as a 12
fraction of a section of land, unless the governing authority of the 13
city, town, or county in which the land is situated shall have 14
adopted a subdivision ordinance requiring plat approval of such 15
divisions: PROVIDED, That for purposes of computing the size of any 16
lot under this item which borders on a street or road, the lot size 17
shall be expanded to include that area that would be bounded by the 18
center line of the road or street and the side lot lines of the lot 19
running perpendicular to such center line; 20
(3) Divisions made by testamentary provisions, or the laws of 21
descent; 22
(4) Divisions of land into lots or tracts classified for 23
industrial or commercial use when the city, town, or county has 24
approved a binding site plan for the use of the land in accordance 25
with local regulations. For the purposes of this section, 26
commercially zoned property includes property that is zoned to permit 27
or conditionally permit any multifamily residential uses;28
(5) A division for the purpose of lease when no residential 29
structure other than mobile homes, tiny houses or tiny houses with 30
wheels as defined in RCW 35.21.686, or travel trailers are permitted 31
to be placed upon the land when the city, town, or county has 32
approved a binding site plan for the use of the land in accordance 33
with local regulations; 34
(6) A division made for the purpose of alteration by adjusting 35
boundary lines, between platted or unplatted lots or both, which does 36
not create any additional lot, tract, parcel, site, or division nor 37
create any lot, tract, parcel, site, or division ((which)) that 38
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contains insufficient area and dimension to meet minimum requirements 1
for width and area for a building site; 2
(7) Divisions of land into lots or tracts if: (a) Such division 3
is the result of subjecting a portion of a parcel or tract of land to 4
chapter 64.90 RCW subsequent to the recording of a binding site plan 5
for all such land; (b) the improvements constructed or to be 6
constructed thereon are required by the provisions of the binding 7
site plan to be included in one or more condominiums, cooperatives, 8
or owned by an association or other legal entity in which the owners 9
of units therein or their owners associations have a membership or 10
other legal or beneficial interest; (c) a city, town, or county has 11
approved the binding site plan for all such land; (d) such approved 12
binding site plan is recorded in the county or counties in which such 13
land is located; and (e) the binding site plan contains thereon the 14
following statement: "All development and use of the land described 15
herein shall be in accordance with this binding site plan, as it may 16
be amended with the approval of the city, town, or county having 17
jurisdiction over the development of such land, and in accordance 18
with such other governmental permits, approvals, regulations, 19
requirements, and restrictions that may be imposed upon such land and 20
the development and use thereof. Upon completion, the improvements on 21
the land shall be included in one or more condominiums, cooperatives, 22
or owned by an association or other legal entity in which the owners 23
of units therein or their owners associations have a membership or 24
other legal or beneficial interest. This binding site plan shall be 25
binding upon all now or hereafter having any interest in the land 26
described herein." The binding site plan may, but need not, depict or 27
describe the boundaries of the lots or tracts resulting from 28
subjecting a portion of the land to chapter 64.90 RCW. A site plan 29
shall be deemed to have been approved if the site plan was approved 30
by a city, town, or county: (i) In connection with the final approval 31
of a subdivision plat or planned unit development with respect to all 32
of such land; or (ii) in connection with the issuance of building 33
permits or final certificates of occupancy with respect to all of 34
such land; or (iii) if not approved pursuant to (i) and (ii) of this 35
subsection (7)(e), then pursuant to such other procedures as such 36
city, town, or county may have established for the approval of a 37
binding site plan; 38
(8) A division for the purpose of leasing land for facilities 39
providing personal wireless services while used for that purpose. 40
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"Personal wireless services" means any federally licensed personal 1
wireless service. "Facilities" means unstaffed facilities that are 2
used for the transmission or reception, or both, of wireless 3
communication services including, but not necessarily limited to, 4
antenna arrays, transmission cables, equipment shelters, and support 5
structures; 6
(9) A division of land into lots or tracts of less than three 7
acres that is recorded in accordance with chapter 58.09 RCW and is 8
used or to be used for the purpose of establishing a site for 9
construction and operation of consumer-owned or investor-owned 10
electric utility facilities. For purposes of this subsection, 11
"electric utility facilities" means unstaffed facilities, except for 12
the presence of security personnel, that are used for or in 13
connection with or to facilitate the transmission, distribution, 14
sale, or furnishing of electricity including, but not limited to, 15
electric power substations. This subsection does not exempt a 16
division of land from the zoning and permitting laws and regulations 17
of cities, towns, counties, and municipal corporations. Furthermore, 18
this subsection only applies to electric utility facilities that will 19
be placed into service to meet the electrical needs of a utility's 20
existing and new customers. New customers are defined as electric 21
service locations not already in existence as of the date that 22
electric utility facilities subject to the provisions of this 23
subsection are planned and constructed; and 24
(10) A division of land into lots or tracts of less than two 25
acres that is recorded in accordance with chapter 58.09 RCW and is 26
used or to be used for the purpose of establishing a site for 27
construction and operation of a rural fire district station, provided 28
the proposed lots or tracts contain sufficient area and dimensions to 29
meet minimum building site width and area requirements, and 30
appropriate provisions are made for potable water supplies and 31
sanitary wastes. 32
(11) A division of land caused by the acquisition of a portion of 33
an existing lot or tract by an agency with condemnation authority 34
that is acquiring land to build an essential public facility as 35
described in RCW 36.70A.200.36
Sec. 5. RCW 19.27.095 and 1991 c 281 s 27 are each amended to 37
read as follows: 38
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(1) A valid and fully complete building permit application for a 1
structure, that is permitted under the zoning or other land use 2
control ordinances in effect on the date of the application shall be 3
considered under the building permit ordinance in effect at the time 4
of application, and the zoning or other land use control ordinances 5
in effect on the date of application. 6
(2) The requirements for a fully completed application shall be 7
defined by local ordinance but for any construction project costing 8
more than ((five thousand dollars )) $5,000 the application shall 9
include, at a minimum: 10
(a) The legal description, or the tax parcel number assigned 11
pursuant to RCW 84.40.160, and the street address if available, and 12
may include any other identification of the construction site by the 13
prime contractor; 14
(b) The property owner's name, address, and phone number;15
(c) The prime contractor's business name, address, phone number, 16
current state contractor registration number; and 17
(d) Either: 18
(i) The name, address, and phone number of the office of the 19
lender administering the interim construction financing, if any; or20
(ii) The name and address of the firm that has issued a payment 21
bond, if any, on behalf of the prime contractor for the protection of 22
the owner, if the bond is for an amount not less than ((fifty)) 50 23
percent of the total amount of the construction project.24
(3) The information required on the building permit application 25
by subsection (2)(a) through (d) of this section shall be set forth 26
on the building permit document ((which)) that is issued to the 27
owner, and on the inspection record card which shall be posted at the 28
construction site. 29
(4) The information required by subsection (2) of this section 30
and information supplied by the applicant after the permit is issued 31
under subsection (5) of this section shall be kept on record in the 32
office where building permits are issued and made available to any 33
person on request. If a copy is requested, a reasonable charge may be 34
made. 35
(5) If any of the information required by subsection (2)(d) of 36
this section is not available at the time the application is 37
submitted, the applicant shall so state and the application shall be 38
processed forthwith and the permit issued as if the information had 39
been supplied, and the lack of the information shall not cause the 40
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application to be deemed incomplete for the purposes of vesting under 1
subsection (1) of this section. However, the applicant shall provide 2
the remaining information as soon as the applicant can reasonably 3
obtain such information. 4
(6) The limitations imposed by this section shall not restrict 5
conditions imposed under chapter 43.21C RCW. 6
(7) Applications submitted by a regional transit authority 7
created under chapter 81.112 RCW for permits issued by cities and 8
counties under the state building code shall be considered under the 9
ordinances in effect pursuant to RCW 19.27.031 and 19.27.040 at the 10
time the board of the regional transit authority chooses the route 11
alignment and station locations of a rail fixed guideway system.12
NEW SECTION. Sec. 6. Section 3 of this act expires January 1, 13
2028.14
NEW SECTION. Sec. 7. Section 4 of this act takes effect January 15
1, 2028.16
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