FINAL BILL REPORT
SSB 6309
C 166 L 26
Synopsis as Enacted
Brief Description: Providing for enhanced municipal permitting tools for high capacity transit projects.
Sponsors: Senate Committee on Local Government (originally sponsored by Senators Liias, Alvarado and SaldaƱa).
Senate Committee on Local Government
Senate Committee on Ways & Means
House Committee on Local Government
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).

 

Building Permits.  Before developing land, a developer must obtain various permits from the local government with jurisdiction over the land allowing the development, including a building permit. 

 

Exemptions from Subdivision Laws. Counties, cities, and towns are subject to laws regarding the subdivision of land. 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.

Summary:

An RTA 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, so long as the authority provides proof of notice to the subject property owner at the time of application;  
  • apply for construction and technical permits for its facilities before the local government makes a land use decision regarding those facilities , so long as the authority provides proof of notice to the subject property owner at the time of application; 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 an RTA may set forth development standards that vary from otherwise applicable development regulations not involving compliance with the Americans with Disabilities Act in order to accommodate development of the facilities of the RTA.

 

A local government must accept building permit applications from an RTA regardless of whether the RTA owns or has possession and use of the property subject to the application, so long as the application is otherwise complete. A local government may issue a land use, construction, or technical permit to an RTA for development on property that is not owned by the RTA if the RTA remains responsible for obtaining the necessary property right or permission from the property owner to proceed with the permitted work.

 

The division of land caused by the acquisition of a portion of an existing lot or tract by an RTA that is acquiring land to build RTA facilities is exempt from subdivision laws.

Votes on Final Passage:
Final Passage Votes
Senate 31 17
House 56 38 (House amended)
Senate 30 19 (Senate concurred)
Effective:

June 11, 2026

January 1, 2028 - Section 7