SENATE BILL REPORT
SB 6309
As of February 2, 2026
Title: An act relating to enhanced municipal permitting tools for high capacity transit projects.
Brief Description: Providing for enhanced municipal permitting tools for high capacity transit projects.
Sponsors: Senators Liias, Alvarado and SaldaƱa.
Brief History:
Committee Activity: Local Government: 1/29/26.
Brief Summary of Bill
  • Allows a regional transit authority to apply for permits under certain conditions and construct specific facilities that exceed height limits and setback requirements under certain circumstances.
  • Establishes that a development agreement between a local government and a regional transit authority may set forth development standards that vary from applicable development regulations in certain circumstances.
  • Exempts the 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 from subdivision laws.
  • 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.
SENATE COMMITTEE ON LOCAL GOVERNMENT
Staff: Karen Epps (786-7424)
Background:

Regional Transit Authorities.  Regional transit authorities (RTAs) may be formed by two or more contiguous counties each with a population of 400,000 or more, for the purpose of developing and operating a high-capacity transit system. An RTA is authorized to use its tax revenues to plan, construct, and operate high-capacity transportation, such as express bus service and light rail. There is currently one RTA—Sound Transit—which operates light rail, commuter rail, and express bus service in Puget Sound.

 

Development Agreements.  A local government may enter into a development agreement with a person having ownership or control of real property within its jurisdiction. A development agreement must state the development standards and other provisions that shall govern and vest the development and use of the property for the term of the agreement. The agreement must be consistent with development regulations adopted by the local government under the Growth Management Act (GMA).

 

Exemptions from Subdivision Laws. The following land divisions are exempt from subdivision laws:

  • cemeteries and burial plots;
  • divisions into lots above a certain size; 
  • divisions made by testamentary provisions or the laws of descent; 
  • divisions for industrial or commercial use, lots for mobile homes, and for the development of condominiums when a binding site plan is used;
  • divisions by lease where no residential structures other than mobile homes, tiny houses or tiny houses with wheels, or trailers when a binding site plan is used;
  • boundary line adjustments where no additional lots are created;
  • 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; 
  • divisions for property leases for personal wireless services facilities; 
  • divisions for consumer-owned or investor-owned utilities; and
  • divisions into lots or tracts of less than two acres to establish a site for construction and operation of a rural fire district station.

 

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

 

Essential Public Facilities. Under the GMA, comprehensive plans of cities and counties must include a process for identifying and siting essential public facilities. Essential public facilities are those facilities that are typically difficult to site, such as airports, correctional facilities, regional transit authority facilities, and solid waste handling facilities.  Cities and counties may not preclude the siting of essential public facilities. 

 

Building Permit Applications. A valid and fully complete building permit application for a structure that is permitted under 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 zoning or other land use control ordinances in effect on the date of application.

Summary of Bill:

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.

 

A development agreement between a local government and a regional transit authority may set forth development standards that vary from otherwise applicable development regulations in order to accommodate development of the facilities of the regional transit authority.

 

The 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.

 

Applications submitted by a regional transit authority for permits issued by cities and counties under the state building code shall be considered under the 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: Requested on January 26, 2026.
Creates Committee/Commission/Task Force that includes Legislative members: No.
Effective Date: Ninety days after adjournment of session in which bill is passed.