Growth Management Act. The Growth Management Act (GMA) is the comprehensive land-use planning framework for counties and cities in Washington. The GMA establishes land-use designation and environmental protection requirements for all Washington counties and cities. The GMA also establishes a significantly wider array of planning duties for 28 counties, and the cities within those counties, that are obligated to satisfy all planning requirements of the GMA. These jurisdictions are sometimes said to be fully planning under the GMA.
Counties that fully plan under the GMA must designate urban growth areas (UGAs), within which urban growth must be encouraged and outside of which growth may occur only if it is not urban in nature. Planning jurisdictions must include within their UGAs sufficient areas and densities to accommodate projected urban growth for the succeeding 20-year period.
The GMA also directs fully planning jurisdictions to adopt internally consistent comprehensive land use plans. Comprehensive plans are implemented through locally adopted development regulations, and both the plans and the local regulations are subject to review and revision requirements prescribed in the GMA. When developing their comprehensive plans, counties and cities must consider various goals set forth in statute.
Comprehensive Plan—Mandatory Housing Element. The comprehensive plan of a fully planning county or city must consist of a map or maps and descriptive text covering objectives, principles, and standards used to develop the plan. The plan must be an internally consistent document and all elements must be consistent with the future land-use map. Each comprehensive plan must include a plan, scheme, or design for certain enumerated elements, including a mandatory housing element. The housing element must ensure the vitality and character of established residential neighborhoods and among other requirements:
Planning Actions. Fully planning cities are encouraged to take an array of specified planning actions to increase residential building capacity. Specified planning actions include, for example:
State Environmental Policy Act. The State Environmental Policy Act (SEPA) establishes a review process for state and local governments to identify environmental impacts that may result from governmental decisions, such as the issuance of permits or the adoption of land-use plans. The SEPA environmental review process involves a project proponent or the lead agency completing an environmental checklist to identify and evaluate probable environmental impacts.
The information collected through the SEPA review process may be used to condition a proposal mitigating environmental impacts or to deny a proposal when significant adverse environmental impacts are identified. Any appeal brought under SEPA must be linked to a specific governmental action.
Any fully planning city with a population of 20,000 or more must authorize the development of all middle housing types on all lots zoned for detached single-family residential use and within one-half mile of a major transit stop. "Middle housing" is defined as duplexes, triplexes, fourplexes, fiveplexes, sixplexes, stacked flats, townhouses, and courtyard apartments. Definitions for townhouses and courtyard apartments are also provided. "Major transit stop" is defined as:
Any fully planning city with a population of 20,000 or more must also authorize the development of duplexes, triplexes, and fourplexes on all other lots zoned for single-family residential use. Any fully planning city with a population of 10,000 or more must authorize the development of duplexes on all lots zoned for detached single-family residential use, and may allow all middle housing types in addition to duplexes.
As an alternativeto satisfying the new middle housing zoning policy and related requirements, such fully planning cities:
Any fully planning city choosing to alter local zoning to allow certain authorized average minimum density equivalents must also adopt findings of fact demonstrating that actions taken to implement that average minimum density will not result in racially disparate impacts, displacement, or further exclusion in housing, and transmit such findings to the Department of Commerce (Commerce).
Any fully planning city with a population of 20,000 or more that has not adopted local antidisplacement measures as a portion of the city's mandatory housing element must do so, within nine months of the effective date of this section, for areas within one-half mile of a major transit stop.
Any fully planning city with a population of 10,000 or more may adopt development and design standards related to the siting and design of middle housing, without discouraging the development of middle housing through unreasonable costs, fees, delays, or other requirements or actions that make impracticable the permitting, siting, or construction of middle housing. Such cities must apply to middle housing the same development permit and environmental review processes that apply to detached single-family residences.
Any fully planning city with a population of 10,000 or more may not:
Any fully planning city continues to be authorized to permit detached single-family residences.
The new middle housing zoning policy and related requirements apply and take effect on the latter of:
Commerce must provide technical assistance to fully planning cities to implement the new middle housing zoning policy and related requirements, and prioritize such technical assistance to cities demonstrating the greatest need.
Commerce must also publish model middle housing ordinances no later than 18 months after the effective date of the act. For any fully planning city with a population of 10,000 or more that has not passed ordinances, regulations, or other official controls within the required time frames, the model ordinance developed by Commerce supersedes, preempts, and invalidates local development regulations until the city takes all necessary implementation actions.
Commerce must also establish a process for cities implementing the new middle housing zoning policy and related requirements to seek approval of necessary local actions. Any such local actions approved by Commerce are exempt from appeals under the GMA and SEPA.
Any fully planning city with a population of 10,000 or more may apply to Commerce to extend the implementation timelines for the new middle housing zoning policy and related requirements. Any such extension certified by Commerce may apply only to specific areas where a city has identified water, sewer, stormwater, or transportation services currently deficient, or are expected to be deficient within the next five years, and for which the local government has established a plan of actions to remedy the deficiency in those services on a specific timeline. Commerce may also certify additional extensions of a city's remediation timeline. An application for an implementation timeline extension by a city must be filed with Commerce no later than 24 months following the effective date of the act. Commerce may establish by rule any procedures necessary to implement such extension allowances.