Washington State
House of Representatives
Office of Program Research
BILL
ANALYSIS
Local Government Committee
HB 2517
Brief Description: Providing for enhanced municipal permitting tools for high capacity transit projects.
Sponsors: Representatives Fitzgibbon, Reed, Springer, Berg, Duerr, Ryu, Zahn, Kloba, Berry, Scott, Thomas, Reeves, Doglio, Nance, Macri and Street.
Brief Summary of Bill
  • Allows development agreements with a regional transit authority to establish development standards that vary from otherwise applicable development regulations to accommodate transit facilities.
  • Allows a regional transit authority to take specified actions related to land use and construction.
  • Exempts from subdivision laws a land division for the acquisition of an existing lot to build an essential public facility.
  • Requires building permit applications submitted by a regional transit authority to be considered under the building permit ordinances in effect at the time the regional transit authority makes decisions regarding the route alignment and station location of a rail fixed guideway system.
Hearing Date: 1/27/26
Staff: Elizabeth Rehn (786-7129).
Background:

Transit Authorities.

A transit authority is a special purpose district established to provide public transportation within a specific region.  There are various types of transit authorities, including city transit departments, and county transit authorities.  A regional transit authority may be formed by two or more contiguous counties with a population of 400,000 or more for the purpose of developing and operating a high-capacity transit system.

 

Development Agreements for Land Use.

A local government is authorized to enter into a development agreement with a person who owns or controls real property within its jurisdiction.  A city is authorized to enter into a development agreement for real property outside its boundaries as part of a proposed annexation or a service agreement.  A development agreement must set forth various provisions and must be consistent with applicable development regulations adopted by a local government planning under the Growth Management Act.

 

Subdivisions.

Counties, cities, and towns are subject to laws regarding the subdivision of land.  There is a two-step process for approving subdivisions, which consists of a preliminary plat approval and a final plat approval.

 

The following land divisions are exempt from subdivision laws:

  • burial plots;
  • divisions into lots above a certain size;
  • divisions made by testamentary provisions or the laws of descent;
  • boundary line adjustments where no additional lots are created;
  • divisions for industrial or commercial use, lots for mobile homes, and for the development of condominiums when a binding site plan is used; and
  • divisions of land into lots or tracts if certain conditions relating to binding site plans are met, including a statement that development and use of the land will be in accordance with the binding site plan, permits, regulations, and other requirements.

 

The exemptions are not exempt from zoning and permitting laws and other regulations.

 

Building Permit Applications.

A valid and fully complete building permit application for a structure that is permitted under the zoning or other land use control ordinances in effect on the date of the application must be considered under the building permit ordinance in effect at the time of application and the zoning or other land use control ordinances in effect on the date of application.

Summary of Bill:

Regional Transit Authorities.

A regional transit authority may:

  • apply for land use and construction permits for its facilities before acquiring the real property on which the facilities will be constructed or operated;
  • apply for construction and technical permits for its facilities before the local government makes a land use decision regarding those facilities; and
  • construct facilities of a rail fixed guideway system that exceed the height limits and setback requirements of local development regulations so long as the regional transit authority complies with those development regulations to the extent practicable given the need to construct and operate the rail fixed guideway system.

 

Development Agreements for Land Use.

A development agreement with a regional transit authority may set forth development standards that vary from otherwise applicable development regulations to accommodate the regional transit authority's facilities development.

 

Subdivisions.

A division of land caused by the acquisition of a portion of an existing lot or tract by an agency with condemnation authority that is acquiring land to build an essential public facility is exempt from subdivision laws.

 

Building Permit Applications.

Applications submitted by a regional transit authority for permits issued by cities and counties under the state building code must be considered under the building permit ordinances in effect at the time the board of the regional transit authority chooses the route alignment and station locations of a rail fixed guideway system.

Appropriation: None.
Fiscal Note: Available.
Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.