S-0529.3

SENATE BILL 5471

State of Washington
69th Legislature
2025 Regular Session
BySenators Goehner, Bateman, Chapman, Frame, Liias, Nobles, and Saldaña
Read first time 01/23/25.Referred to Committee on Housing.
AN ACT Relating to authorizing middle housing in unincorporated urban growth areas, certain limited areas of more intensive rural development, and fully contained communities; reenacting and amending RCW 43.21C.495 and 36.70A.280; and adding a new section to chapter 36.70A RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION.  Sec. 1. A new section is added to chapter 36.70A RCW to read as follows:
Any county that is required or chooses to plan under RCW 36.70A.040 may provide by ordinance and incorporate into its development regulations, zoning regulations, and other official controls, authorization for the following:
(1) At least one middle housing unit on each parcel that permits single-family residences in designated urban growth areas, limited areas of more intensive rural development designated according to the requirements in RCW 36.70A.070(5)(d)(i);
(2) If a county takes action authorized by this subsection, it may not authorize more than 4 residential units per lot in limited areas of more intensive rural development designated according to RCW 36.70A.070(5)(d)(i), and its development regulations must:
(a) Not require any standards for middle housing that are more restrictive than those required for detached single-family residences, but may apply any objective development regulations that are required for detached single-family residences, including, but not limited to, setback, lot coverage, stormwater, clearing, and tree canopy and retention requirements;
(b) Apply to middle housing the same development permit and environmental review processes that apply to detached single-family residences, unless otherwise required by state law, including, but not limited to, shoreline regulations under chapter 90.58 RCW, building codes under chapter 19.27 RCW, energy codes under chapter 19.27A RCW, or electrical codes under chapter 19.28 RCW; and
(c) Require that middle housing in limited areas of more intensive rural development be served by sewer service.
Sec. 2. RCW 43.21C.495 and 2023 c 334 s 6 and 2023 c 332 s 8 are each reenacted and amended to read as follows:
(1) Adoption of ordinances, development regulations and amendments to such regulations, and other nonproject actions taken by a city to implement: The actions specified in section 2, chapter 246, Laws of 2022 unless the adoption of such ordinances, development regulations and amendments to such regulations, or other nonproject actions has a probable significant adverse impact on fish habitat; and the increased residential building capacity actions identified in RCW 36.70A.600(1), with the exception of the action specified in RCW 36.70A.600(1)(f), are not subject to administrative or judicial appeals under this chapter.
(2) Amendments to development regulations and other nonproject actions taken by a city to implement the requirements under RCW 36.70A.635 pursuant to RCW 36.70A.636(3)(b) are not subject to administrative or judicial appeals under this chapter.
(3) Adoption of ordinances, development regulations and amendments to such regulations, and other nonproject actions taken by a city or county consistent with the requirements of RCW 36.70A.680 and 36.70A.681 are not subject to administrative or judicial appeals under this chapter.
(4) Adoption of ordinances, development regulations, amendments to such regulations, and other nonproject actions taken by a county to implement section 1 of this act are not subject to administrative or judicial appeals under this chapter.
Sec. 3. RCW 36.70A.280 and 2023 c 334 s 7, 2023 c 332 s 6, and 2023 c 228 s 7 are each reenacted and amended to read as follows:
(1) The growth management hearings board shall hear and determine only those petitions alleging either:
(a) That, except as provided otherwise by this subsection, a state agency, county, or city planning under this chapter is not in compliance with the requirements of this chapter, chapter 90.58 RCW as it relates to the adoption of shoreline master programs or amendments thereto, or chapter 43.21C RCW as it relates to plans, development regulations, or amendments, adopted under RCW 36.70A.040 or chapter 90.58 RCW. Nothing in this subsection authorizes the board to hear petitions alleging noncompliance based on a city or county's actions taken to implement the requirements of RCW 36.70A.680 ((and)), 36.70A.681, or section 1 of this act within an urban growth area;
(b) That the 20-year growth management planning population projections adopted by the office of financial management pursuant to RCW 43.62.035 should be adjusted;
(c) That the approval of a work plan adopted under RCW 36.70A.735(1)(a) is not in compliance with the requirements of the program established under RCW 36.70A.710;
(d) That regulations adopted under RCW 36.70A.735(1)(b) are not regionally applicable and cannot be adopted, wholly or partially, by another jurisdiction;
(e) That a department certification under RCW 36.70A.735(1)(c) is erroneous;
(f) That the department's final decision to approve or reject a proposed greenhouse gas emissions reduction subelement or amendments by a local government planning under RCW 36.70A.040 was not in compliance with the joint guidance issued by the department pursuant to RCW 70A.45.120; or
(g) That the department's final decision to approve or reject actions by a city implementing RCW 36.70A.635 is clearly erroneous.
(2) A petition may be filed only by: (a) The state, or a county or city that plans under this chapter; (b) a person who has participated orally or in writing before the county or city regarding the matter on which a review is being requested; (c) a person who is certified by the governor within 60 days of filing the request with the board; or (d) a person qualified pursuant to RCW 34.05.530.
(3) For purposes of this section "person" means any individual, partnership, corporation, association, state agency, governmental subdivision or unit thereof, or public or private organization or entity of any character.
(4) To establish participation standing under subsection (2)(b) of this section, a person must show that his or her participation before the county or city was reasonably related to the person's issue as presented to the board.
(5) When considering a possible adjustment to a growth management planning population projection prepared by the office of financial management, the board shall consider the implications of any such adjustment to the population forecast for the entire state.
The rationale for any adjustment that is adopted by the board must be documented and filed with the office of financial management within ten working days after adoption.
If adjusted by the board, a county growth management planning population projection shall only be used for the planning purposes set forth in this chapter and shall be known as the "board adjusted population projection." None of these changes shall affect the official state and county population forecasts prepared by the office of financial management, which shall continue to be used for state budget and planning purposes.
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