title: RCW 36.70A.816

text:
(1)(a) Except as provided in (b) of this subsection, any city that is required or chooses to plan under RCW 36.70A.040 with a population of 30,000 or more, as determined by the office of financial management under RCW 43.62.030, or any county that is required or chooses to plan under RCW 36.70A.040 that is not defined as a rural county under RCW 43.160.020, is prohibited from excluding residential uses in areas zoned for commercial or mixed-use development.
(b) The requirements of (a) of this subsection do not apply to any portion of a lot that:
(i) Is located in an industrial zone area, including zones with an employment overlay prohibiting all residential uses adopted prior to June 11, 2026;
(ii) Is within 3,200 feet of an active oil or gas refinery;
(iii) Requires the demolition of a structure designated as a historic landmark through a local preservation ordinance;
(iv) Is located outside the urban growth area or within any urban growth area that is not contiguous with a city subject to the limitations of (a) of this subsection;
(v) Is in an area where residential uses are prohibited to implement RCW 36.70.547 or 36.70A.530;
(vi) Is located in a tax increment financing area under chapter 39.114 RCW that was established prior to June 11, 2026;
(vii) Is adjacent to a shoreline environment where all multifamily residential or mixed-use development is prohibited by a shoreline master program; or
(viii) Is located in a critical area buffer or critical area governed by a critical area ordinance, except for critical aquifer recharge areas where a single-family detached house is an allowed use provided that any requirements to maintain aquifer recharge are met. However, where permissible under existing law, critical area buffers and critical areas governed by a critical area ordinance may be included when calculating the allowable density on a given lot.
(2)(a) Any city or county subject to the requirements of subsection (1) of this section may not require mixed use or ground floor commercial or retail as a condition of permitting development of residential housing, or a conditional use permit, special use permit, or departure from development regulations or design guidelines related to the location, siting, orientation, or architectural design features of residential or mixed-use development in more than 40 percent of the total acreage in areas zoned for commercial use or mixed use.
(b) For any publicly subsidized affordable housing project, a city or county subject to the requirements of subsection (1) of this section may not require mixed-use [mixed use] or ground floor commercial or retail as a condition of permitting development of residential housing, or a conditional use permit, special use permit, or departure from development regulations or design guidelines related to the location, siting, orientation, or architectural design features of residential or mixed-use development in areas zoned for commercial use or mixed use.
(c) For the purposes of (a) of this subsection, the following areas are not considered to be zoned for commercial or mixed use:
(i) Station areas;
(ii) Areas in which the city or county allows for development, or provides a height incentive to allow for development, of up to at least 85 feet;
(iii) Areas within an industrial zone area;
(iv) Areas within 3,200 feet of an active oil or gas refinery;
(v) Areas located outside the urban growth area or within any urban growth area that is not contiguous with a city subject to the limitations of subsection (1) of this section;
(vi) Areas where residential uses are prohibited to implement RCW 36.70.547 or 36.70A.530;
(vii) Areas within a tax increment financing area under chapter 39.114 RCW that was established prior to June 11, 2026;
(viii) Areas adjacent to a shoreline environment where all multifamily residential or mixed-use development is prohibited by a shoreline master program; and
(ix) Areas within a critical area buffer or critical area governed by a critical area ordinance, except for critical aquifer recharge areas where a single-family detached house is an allowed use provided that any requirements to maintain aquifer recharge are met. However, where permissible under existing law, critical area buffers and critical areas governed by a critical area ordinance may be included when calculating the allowable density on a given lot.
(3)(a) Any city or county subject to the requirements of subsection (1) of this section shall provide an administrative process for applicants to request a reduction or waiver from the ground floor commercial or retail use regulations applicable to a property. The county's or city's review of such a request must include consideration of the merits of the project and the increase in the number of dwelling units that would result from the reduction or waiver, and may also include consideration of other factors as the county or city deems appropriate. The city or county may establish criteria, timelines, and an application processes [process] for a city's or county's review of the reduction or waiver request.
(b) A county or city that has established a process prior to June 11, 2026, for the review of requests for the reduction or waiver of ground floor commercial or retail use regulations is not required to adopt a new process under this subsection.
(4) Nothing in this section requires a city to issue a building permit if other federal, state, and local requirements for a building permit are not met.
(5) Nothing in this section requires a city to update their growth and development assumptions required under this chapter until their next comprehensive plan update required after January 1, 2031, under RCW 36.70A.130.
(6) Nothing in this section shall limit or otherwise impede a local government's ability to work with developers, businesses, community groups, and building owners to ensure adequate access to grocery stores in a community including, but not limited to, allowing commercial use of ground floor building spaces for this purpose.
(7) Nothing in this section requires or authorizes a local government to invalidate or withdraw a development permit that was issued under regulations that imposed ground floor commercial or mixed use [mixed-use] requirements as a condition of permitting the development of residential housing, or a conditional use permit, special use permit, or departure from development regulations or design guidelines related to the location, siting, orientation, or architectural design features of residential or mixed-use development in areas zoned for commercial use or mixed use. If a lot subject to a development permit issued under such regulations within 18 months of June 11, 2026, is sold more than 18 months after June 11, 2026, the purchaser must be allowed to file a new development permit application. Nothing in chapter 236, Laws of 2026 prohibits an applicant from withdrawing an existing permit application and submitting a new permit application after the jurisdiction adopts or amends regulations in compliance with subsection (1) and (2) of this section.
(8) Nothing in this section limits a local government's ability to impose minimum density requirements within a commercial or mixed-use zone.
(9)(a) The requirements of subsection (1) of this section apply and take effect in any city or county that has not adopted or amended ordinances, regulations, or other official controls as required under this section by 18 months after June 11, 2026, and supersede, preempt, and invalidate any conflicting local regulations.
(b) Any city or county that has not adopted or amended ordinances, regulations, or other official controls in compliance with subsection (2) of this section within 18 months of June 11, 2026, may not require mixed-use [mixed use] or ground floor commercial or retail as a condition of permitting development of residential housing, or a conditional use permit, special use permit, or departure from development regulations or design guidelines related to the location, siting, orientation, or architectural design features of residential or mixed-use development in areas zoned for commercial use or mixed use outside of areas listed under subsection (2)(c) of this section until such time as the city or county has come into compliance with the requirements of subsection (2) of this section.
(10) For the purposes of this section, "publicly subsidized affordable housing" means any housing that receives or otherwise qualifies for an exemption from real and personal property taxes under RCW 84.36.560.
[ 2026 c 236 s 2.]
Notes:
Findings—2026 c 236: "The legislature finds that Washington continues to experience a shortage of homes affordable to its residents at all income levels. The legislature further finds that zoning reforms can support an environment that expands opportunities for housing development." [ 2026 c 236 s 1.]

catchline: Residential development in commercial and mixed-use zones—Prohibited regulations—Exceptions.


doc_type: statute

jurisdiction: wa

title: RCW 36.70A.817

text:
(1) Except as provided in subsection (2) of this section, a city or county planning under RCW 36.70A.040 may not require off-street parking as a condition of permitting the following types of residential projects:
(a) Affordable housing;
(b) New construction or the retrofit of existing buildings meeting passive house requirements;
(c) Modular construction; or
(d) Mass timber construction.
(2) A city or county may require off-street parking if the jurisdiction submits to the department of commerce an empirical study prepared by a credentialed transportation or land use planning expert that clearly demonstrates, and the department finds and certifies, that the application of the parking limitations in subsection (1) of this section will be significantly less safe for vehicle drivers or passengers, pedestrians, or bicyclists than if the jurisdiction's parking requirements were applied. The department must develop guidance to assist cities and counties on items to include in the study.
(3) A county may require off-street parking if the county's roads are not developed to the standards for streets and roads adopted by the cities within that county.
(4) For the purposes of this section:
(a) "Mass timber construction" means a building with structural components primarily made of mass timber products as defined in RCW 19.27.570.
(b) "Modular construction" means a multistory residential building constructed of standardized components produced off-site, which are transported and assembled at a final location.
(c) "Passive house requirements" means the criteria for certification as a passive house by Phius or the international passive house institute.
[ 2025 c 139 s 7.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Off-street parking requirements for residential projects.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 36.70A.819

text:
(1) Cities and counties planning under RCW 36.70A.040 may not require affordable housing units for low-income or very low-income households, regardless of the unit mix and size of the project, to exceed the following sizes:
(a) 400 square feet for a studio unit;
(b) 550 square feet for a one-bedroom unit;
(c) 750 square feet for a two-bedroom unit; and
(d) 1,000 square feet for a three-bedroom unit.
(2) If the average unit size in the project is smaller than the size requirements in this section, the city must allow the affordable housing units to be of a comparable size as the market rate units.
(3) Co-living housing units are subject to the provisions of RCW 36.70A.535.
(4) This section does not apply to low-income housing developed under an affordable housing incentive program as provided in RCW 36.70A.540.
[ 2025 c 139 s 9.]

catchline: Affordable housing unit size.


title: RCW 36.70A.820

text:
Cities and counties that plan under the growth management act must adopt or amend by ordinance, and incorporate into their development regulations, zoning regulations, and other official controls, the requirements of RCW 36.70A.810, 36.70A.812, 36.70A.813 through 36.70A.817, and 36.70A.819 by the sooner of six months after their next periodic comprehensive plan update or six months after their next implementation progress report.
[ 2025 c 139 s 10.]

catchline: Building code and development regulation update requirements.


title: RCW 36.70A.830

text:
A federally recognized Indian tribe and a city may agree by December 31, 2028, to extend urban governmental services beyond the city and urban growth areas to property within the jurisdiction of the federally recognized Indian tribe that abuts the boundaries of the city.
[ 2025 c 258 s 3.]
Notes:
Intent—2025 c 258: "The legislature is providing a clear statement of the authority for a city and tribal government to mutually agree to contract for urban governmental services beyond the urban growth boundary of the city to tribal lands with urban development and be in compliance with the provisions of the growth management act." [ 2025 c 258 s 1.]

catchline: Agreement for extension of services beyond urban growth areas between Indian tribes and cities.


title: RCW 36.70A.835

text:
(1) A county or city that is required or chooses to plan under RCW 36.70A.040 may submit their housing element required under RCW 36.70A.070(2) and any housing development regulations adopted or amended on or after July 27, 2025, to the department for review to determine whether the housing element or housing development regulations comply with the laws and regulations identified in subsection (7) of this section.
(2)(a) Not less than 120 days prior to applying for approval of a housing element, the county or city must notify the department in writing that it intends to apply for approval under subsection (1) of this section. The department shall review proposed housing elements prior to final adoption and advise the county or city of the actions necessary to receive approval.
(b) Prior to advising the county or city of the actions necessary to receive approval under (a) of this subsection, the department, along with the county or city, may consult with other relevant state agencies in making its determination.
(c) Prior to advising the county or city of the actions necessary to receive approval under (a) of this subsection, the department, along with the county or city, may consult with housing providers, developers, and builders that are located in or have completed work in the county or city.
(d) The department shall publish notice in the Washington state register that a city or county has notified the department of its intent to apply for approval and the department shall post a copy of the notice on the department website.
(3)(a) A county or city submitting a housing element or housing development regulation for review under subsection (1) of this section must submit its application to the department within 10 days after any final action to amend, repeal, or replace the housing element or housing development regulations.
(b) Notwithstanding subsection (1) of this section, the department may review housing development regulations adopted or amended before July 27, 2025, if amendments to those regulations are necessary to implement the housing element or any laws and regulations identified in subsection (7) of this section.
(4) Notwithstanding RCW 36.70A.320(1), a housing element or housing development regulation subject to review under this section does not take effect until the department issues a final decision determining that the housing element or housing development regulation complies with the laws and regulations identified in subsection (7) of this section.
(5)(a) An application for review must include, at a minimum, the following:
(i) A cover letter from the legislative authority requesting review of the housing element or housing development regulations;
(ii) A copy of the adopted ordinance or resolution taking the legislative action or actions required to adopt the housing element or housing development regulations;
(iii) A statement explaining how the adopted housing element or housing development regulations comply with the laws and regulations identified in subsection (7) of this section; and
(iv) A copy of the record developed by the city or county at any public meeting or public hearing at which action was taken on the housing element or housing development regulations.
(b) For the purposes of this subsection, "action" and "meeting" have the same meanings as in RCW 42.30.020.
(6)(a) Within 90 days of the date of receipt of an application, the department shall issue a decision determining whether the housing element and any housing development regulations comply with the laws and regulations identified in subsection (7) of this section. The department may extend the review period with written agreement of the city or county.
(b) The department must issue its decision in the form of a written statement, including findings of fact and conclusions, and noting the date of the issuance of its decision. The department's issued decision must conspicuously and plainly state that it is the department's final decision. In issuing a decision that finds that a city's or county's housing element and any housing development regulations are not in compliance with the laws and regulations identified in subsection (7) of this section, the department must demonstrate that the city's or county's housing element or development regulations are clearly erroneous.
(c) The department shall promptly publish its decision as follows:
(i) Notify the city or county in writing of its decision;
(ii) Publish a notice of action in the Washington State Register;
(iii) Post a notice of its decision on the agency website; and
(iv) Notify other relevant state agencies regarding the decision.
(7)(a) The department shall issue a determination of compliance for a housing element or housing development regulation unless it finds that the housing element or housing development regulation is not consistent with any of the following laws and regulations:
(i) The housing planning goal set forth in RCW 36.70A.020(4);
(ii) The housing element requirements set forth in RCW 36.70A.070(2);
(iii) Any relevant rules adopted by the department;
(iv) Any relevant state environmental policy act requirements in chapter 43.21C RCW;
(v) The county's or city's comprehensive plan;
(vi) Emergency shelters, transitional housing, emergency housing, and permanent supportive housing requirements in RCW 35.21.683 and 35A.21.430;
(vii) Co-living housing requirements in RCW 36.70A.535;
(viii) Density bonuses required in RCW 36.70A.545;
(ix) Parking requirements in RCW * 36.70A.620 and 36.70A.622; or
(x) Housing requirements in RCW 36.70A.115, 36.70A.635, 36.70A.636, 36.70A.637, 36.70A.638, 36.70A.680, 36.70A.681, 36.70A.682, 36.70A.696, 36.70A.697, 36.70A.698, and 36.70A.699.
(b) Within six months of July 27, 2025, the department shall publish a defined set of minimum objective standards that jurisdictions must meet in order to comply with this section.
(8)(a) The department shall publish and regularly update a local government compliance list that includes, at minimum, the following information for each city or county:
(i) Whether the city or county is subject to a targeted review under subsection (9) of this section;
(ii) Whether the city or county has applied for a determination of compliance and, if so, the date of the application; and
(iii) Whether the department has issued a decision on compliance for the city or county and, if so, the nature of the decision, the date that the decision was issued, and the status or outcome of any appeals.
(b) The local government compliance list must be made publicly available on the department's website.
(9)(a)(i) A city or county that is required or chooses to plan under RCW 36.70A.040 must submit its housing element required under RCW 36.70A.070(2) and any housing development regulations adopted or amended on or after July 27, 2025, to the department for review in accordance with this section if the department selects the city or county for targeted review under this subsection. The department may select up to 10 cities or counties for targeted review each calendar year and must prioritize selections for review based on criteria including, but not limited to, the following:
(A) The city or county has not planned for and accommodated for its portion of the countywide housing need determined by the county;
(B) The city's or county's housing production is less than 50 percent of the annual housing being produced within the county or regional council area, as applicable, adjusted by population;
(C) The city's or county's housing production consists of greater than 80 percent single-family homes aimed at primarily households whose income is at or greater than 120 percent of the median household income adjusted for household size for the city or county where the household is located.
(ii) Upon selection for review, the department must notify any selected cities or counties within 10 days.
(iii) During review of a city or county under this subsection, the department may consult with housing developers and builders that are located in or have completed work in the city or county.
(b)(i) If the department determines that a city or county subject to targeted review under this subsection is not in compliance with the laws and regulations identified in subsection (7) of this section, the department shall notify the city or county of the deficiencies identified and propose amendments to correct any deficiencies. The city or county has 120 days to amend its housing element and any relevant housing development regulations to address any deficiencies noted by the department in its decision issued under subsection (6)(a) of this section and must submit any amendments to its housing element or housing development regulations to the department in the same manner of the initial application for review under subsection (5)(a) of this section. The department may extend the 120-day correction period with written agreement of the city or county.
(ii) If the department determines that a housing element or housing development regulation amended under (b)(i) of this subsection does not comply with the laws and regulations identified in subsection (7) of this section, the city or county is subject to the requirements of subsection (11) of this section.
(10) The department's decision on compliance, including subsequent reviews under subsection (9)(b) of this section, and any housing element or housing development regulations subject to review under this section, may be appealed to the growth management hearings board by filing a petition as provided in RCW 36.70A.290.
(11)(a) A noncompliant city or county may not deny an affordable or moderate-income housing development, or approve an affordable or moderate-income housing development with conditions or restrictions that have a substantial adverse impact on the viability of the development or the degree of affordability of the development unless at least one of the following conditions is met:
(i) The city or county has received a final decision from the department determining that its housing element and any housing development regulations comply with the laws and regulations identified in subsection (7) of this section;
(ii) The denial of the affordable or moderate-income housing development, or the approval of the affordable or moderate-income housing development with conditions or restrictions that have a substantial adverse impact on the viability of the development or the degree of affordability of the development, is required in order to comply with specific state or federal law;
(iii) The affordable or moderate-income housing development or proposed development site is located outside an urban growth area, in a critical area, in a critical area buffer, or in an area where residential uses are not allowed by the applicable shoreline master program; or
(iv) The affordable or moderate-income housing development or proposed development site is located in an area where neither the local jurisdiction's comprehensive plan nor zoning ordinance permits residential or mixed uses.
(b) The county or city must require the developer of an affordable or moderate-income housing development to include legally binding, enforceable restrictions on the development, recorded as a covenant or deed restriction, to ensure that the following measures of affordability are met for a minimum 25-year period:
(i) At least 20 percent of the units are affordable housing as defined in **RCW 36A.70A.030;
(ii) At least 50 percent of the units are workforce housing; or
(iii) All of the units are moderate-income housing as defined in RCW 36.70A.030.
(c) The county or city must periodically audit compliance with the restrictions or provide another mechanism to ensure that the units committed to affordable or workforce housing meet the measures of affordability described in (b) of this subsection during the agreed term.
(d) For the purposes of this subsection, "noncompliant city or county" means a city or county subject to targeted review under subsection (9) of this section that:
(i) Does not take amendatory actions under subsection (9)(b)(i) of this section following a determination from the department that the city's or county's housing element or housing development regulations do not comply with the laws and regulations identified in subsection (7) of this section; or
(ii) Has a housing element or housing development regulation that does not comply with the laws and regulations identified in subsection (7) of this section as determined by the department under subsection (9)(b)(ii) of this section or, if appealed, the board under RCW 36.70A.290(3)(b).
(12) A city or county may not be required to submit their housing element or housing development regulations for department review and compliance under this section as a condition of eligibility or prioritization for funds or other programs and opportunities unless a city or county is required to submit their housing element or housing development regulations under subsection (9)(a)(i) of this section.
(13) The department may adopt any rules necessary to implement this section.
(14) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Affordable housing" has the same meaning as in RCW 36.70A.030.
(b) "Workforce housing" means housing with monthly costs, including utilities other than telephone, that do not exceed 30 percent of the monthly income of a household whose income is:
(i) For a rental: At or below 80 percent of the median household income adjusted for household size, for the county where the household is located, as reported by the United States department of housing and urban development;
(ii) For ownership: At or below 100 percent of the median household income adjusted for household size, for the county where the household is located, as reported by the United States department of housing and urban development.
(c) "Moderate-income housing" has the same meaning as "moderate-income household" in RCW 36.70A.030.
(d) "Housing development regulations" means any development regulations related to the housing element requirements under RCW 36.70A.070(2) including, but not limited to, development regulations related to affordable housing, middle housing, co-living housing, accessory dwelling units, emergency shelters, transitional housing, emergency housing, permanent supportive housing, conversions of nonresidential buildings to residential use, and any zoning maps and zoning districts.
[ 2025 c 269 s 1.]
Notes:
Reviser's note: *(1) RCW 36.70A.620 was repealed by 2025 c 204 s 6.
**(2) RCW 36A.70A.030 appears to be erroneous. RCW 36.70A.030 was apparently intended.
State representation—2025 c 269: "The state, through the department and the attorney general, shall represent its interest before agencies of the United States, interstate agencies, and the courts with regard to comprehensive plans, regulations, activities, or uses approved under this act. Where federal or interstate agency plans, activities, or procedures conflict with state policies, all reasonable steps available shall be taken by the state to preserve the integrity of its policies." [ 2025 c 269 s 7.]
Short title—2025 c 269: "This act may be known and cited as the housing accountability act." [ 2025 c 269 s 8.]

catchline: Department review of housing element compliance—Application.


title: RCW 36.70A.840

text:
(1) Cities planning under RCW 36.70A.040 may not enact or enforce any development regulation within a station area that would prohibit the siting of multifamily residential housing on lots where any other residential use is permissible.
(2)(a) Cities planning under RCW 36.70A.040 must allow new residential and mixed-use development within any station area at the transit-oriented development density of:
(i) At least 3.5 floor area ratio, on average, within a rail station area; and
(ii) At least 2.5 floor area ratio, on average, or at least a 3.0 floor area ratio, on average if a city exempts up to 25 percent of bus station areas, within a bus station area.
(A) Cities must adopt regulations that allow for greater building height and increased density in all bus station areas for developments built with all mass timber products.
(B) For the purposes of this subsection, "mass timber products" has the same meaning as in RCW 19.27.570.
(b) A city planning under RCW 36.70A.040 may adopt a modification to a station area designation, but only after consultation with and approval by the department.
(c) Cities planning under RCW 36.70A.040 may not enact or enforce any development regulation that imposes:
(i) A maximum floor area ratio of less than the transit-oriented development density in this subsection for any residential or mixed-use development within a station area, unless a city has adopted an exemption for the station area under (a)(ii) of this subsection; or
(ii) A maximum residential density, measured in residential units per acre or other metric of land area within a station area.
(3) For the purposes of this section:
(a) "Mixed-use development" means a building subject to a regulation specifying allowable residential proportions within mixed-use areas.
(b) "Workforce housing" means rental housing with monthly costs that do not exceed 30 percent of the monthly income of a household whose income is at or below 80 percent of the median household income adjusted for household size, for the county where the household is located, as reported by the United States department of housing and urban development.
(4) Within any station area, any building in which all units are affordable or workforce housing for at least 50 years or are dedicated to permanent supportive housing, an additional 1.5 floor area ratio in excess of the transit-oriented development density required under subsection (2)(a) of this section must be permitted.
(5) Any floor area within a building located in a station area that is reserved for residential units in multifamily housing that includes at least three bedrooms must not be counted toward applicable floor area ratio limits. A city may require the residential units to comply with affordability requirements to be eligible for an exclusion from the applicable floor area ratio limits.
(6) Cities planning under RCW 36.70A.040 may by ordinance designate parts of a station area in which to enact or enforce floor area ratios for residential or mixed-use development that are more or less than the applicable transit-oriented development density, if the average maximum floor area ratio of all residential and mixed-use areas within a station area is no less than the applicable transit-oriented development density.
(7)(a) Buildings constructed within a station area must maintain for at least 50 years:
(i) At least 10 percent of all residential units as affordable housing;
(ii) At least 10 percent of all residential units as workforce housing if at least 10 percent of the units are family sized units with more than two bedrooms; or
(iii) At least 20 percent of all residential units as workforce housing.
(b) A building constructed within a station area is exempt from the affordability requirements in (a) of this subsection if:
(i) The building is constructed on a lot in which a density that meets or exceeds the transit-oriented development density in subsection (2) of this section was authorized prior to January 1, 2025;
(ii) The building is subject to affordability requirements with a lower income threshold or a greater amount of required affordable housing that were enacted by a city prior to December 31, 2025; or
(iii) A city has enacted or expands a mandatory program under RCW 36.70A.540 that requires a minimum amount of affordable housing that must be provided by residential development, either on-site or through an in-lieu payment as allowed by RCW 36.70A.540, in an area where development regulations must comply with this section. Such mandatory program may be enacted, modified, or expanded by a city, and may require an amount of affordable housing and levels of affordability that differs or exceeds the requirements. An optional program established under RCW 36.70A.540 does not meet the requirements of this subsection (7)(b)(iii).
(c) For each building that is exempt from the requirements for affordable or workforce housing under (b)(i) or (ii) of this subsection, the city must identify the density and affordability requirements that apply to the building or parcel in its comprehensive planning documents. For each building that is exempt from the requirements for affordable or workforce housing under (b)(iii) of this subsection, the city must identify the density and affordability requirements that apply to the building or parcel in its municipal code.
(8) A city must approve an exemption under RCW 84.14.020(1)(a)(ii)(D) for multifamily residential housing within a station area that meets the affordability requirements in subsection (7)(a) of this section and the requirements of chapter 84.14 RCW, unless the city authorizes the 20-year exemption under RCW 84.14.020(1)(a)(ii)(C).
(9) A city that has enacted an incentive program prior to January 1, 2025, that requires public benefits, such as school capacity, greater amounts of affordable housing, green space, or green infrastructure, in return for additional development allowances, may continue to require such public benefits if the plan and implementing development regulations requiring those public benefits provides development capacity that is substantially similar to that required in this section.
(10)(a) No later than the deadlines established in subsection (15) of this section, cities planning under RCW 36.70A.040 must act to modify or repeal any existing development regulations applicable in a station area that, alone or in combination, are inconsistent with this section, and may not enact any development regulations applicable in a station area that, alone or in combination with other development regulations, are inconsistent with this section.
(b) A city may apply any objective development regulations within a station area that are required for other multifamily residential uses in the same zone, including tree canopy and retention requirements.
(c) This subsection (10) does not apply to development regulations that are generally applicable health and safety standards, including building code standards and fire and life safety standards.
(11) Nothing in this section requires alteration, displacement, or limitation of industrial or agricultural uses or industrial, manufacturing, or agricultural areas within the urban growth area.
(12) Nothing in this section requires a city to issue a building permit if other federal, state, and local requirements for a building permit are not met.
(13) Cities planning under RCW 36.70A.040 may exclude from the requirements in this section any portion of a lot that is designated as a shoreline environment governed by a shoreline master program or as a critical area governed by a critical area ordinance, except for critical aquifer recharge areas where a single-family detached house is an allowed use provided that any requirements to maintain aquifer recharge are met, and any lot that:
(a) Is nonconforming with development regulations governing lot dimensions including, but not limited to, standards related to lot width, area, geometry, or street access, unless an applicant demonstrates that the nonconforming lot may be developed in compliance with the development regulations governing lot dimensions by obtaining any modification, deviation, variance, or similar code departure approval allowed under the development regulations;
(b) Contains a designated landmark or is located within a historic district established under a local preservation ordinance adopted prior to July 27, 2025;
(c) Has been designated as containing urban separators by countywide planning policies as of July 27, 2025;
(d) Is an industrial, manufacturing, or agricultural designated lot that either is limited to one dwelling unit per lot or only allows housing for individuals and their families responsible for caretaking, farm work, security, or maintenance; or
(e) Is in a tsunami inundation area as mapped by the department of natural resources.
(14) For cities subject to a growth target adopted under RCW 36.70A.210 that limits the maximum residential capacity of the jurisdiction, any additional residential capacity required by this section may not be considered an inconsistency with the countywide planning policies, multicounty planning policies, or growth targets adopted under RCW 36.70A.210.
(15)(a) Any city that is required to review its comprehensive plan by the deadlines specified in RCW 36.70A.130(5)(a) must comply with the requirements of this section by the earlier of December 31, 2029, or its first implementation progress report due after December 31, 2024, as specified in RCW 36.70A.130(9), and thereafter at each comprehensive plan update or implementation progress report following the completion or funding of any major transit stop that would create a new station area within the jurisdiction.
(b) Any city that is required to review its comprehensive plan by the deadlines specified in RCW 36.70A.130(5) (b), (c), or (d) must comply with the requirements of this section no later than six months after its first comprehensive plan update due after December 31, 2024, and thereafter at each comprehensive plan update or implementation progress report following the completion or funding of any major transit stop that would create a new station area within the jurisdiction.
(c) A federally recognized Indian tribe may voluntarily choose to participate in the planning process to implement the requirements of this section in accordance with RCW 36.70A.040(8).
(16)(a) The department must publish a model transit-oriented development ordinance by June 30, 2027.
(b) In any city subject to this section that has not passed ordinances, regulations, or other official controls by the deadlines required under subsection (15) of this section, the model ordinance supersedes, preempts, and invalidates local development regulations until the city takes all actions necessary to implement this section.
(17) A city may seek an extension from the transit-oriented development density requirements of this section by applying to the department for an extension in any areas that are at high risk of displacement based on a city's antidisplacement analysis or an antidisplacement map. The department must review the city's analysis and certify a five-year extension from the requirements of this section for areas at high risk of displacement. The city must create an implementation plan that identifies the antidisplacement policies available to residents to mitigate displacement risk. During the extension, the city may delay implementation or enact alternative floor area ratio requirements within any areas at high risk of displacement. The department may recertify an extension for additional five-year periods based on evidence of ongoing displacement risk in the area.
(18)(a)(i) The department may approve actions under this subsection (18) for cities that have, by June 30, 2026, adopted a plan and implementing development regulations for a specific station area that are substantially similar to the requirements of this section for that station area. In determining whether a city's adopted plan and development regulations are substantially similar, the department's evaluation may include, but not be limited to, if:
(A) The regulations will provide a development capacity and allow the opportunity for creation of affordable housing that is at least equivalent to the amount of development capacity and affordable housing that would be allowed in that station area if the specific provisions of this section were adopted;
(B) The jurisdiction offers a way to achieve buildings that exceed 85 feet in height; and
(C) No lot within the station area is zoned exclusively for detached single-family residences.
(ii) The department must establish by rule any standards or procedures necessary to implement (a) of this subsection.
(b) Any local actions approved by the department pursuant to (a) of this subsection are exempt from appeals under this chapter and chapter 43.21C RCW.
(c) The department's final decision to approve or reject actions by cities under this subsection (18) may be appealed to the growth management hearings board by filing a petition as provided in RCW 36.70A.290.
[ 2025 c 267 s 3.]
Notes:
Findings—2025 c 267: "The legislature finds that the state has made groundbreaking investments in state-of-the-art mass transit and intermodal infrastructure. The legislature finds that to maximize the state's return on these investments, land use policies and practices must allow housing development to keep pace with progress being implemented in transportation infrastructure development. The legislature also intends new development to reflect the state's commitment to affordable housing and vibrant, walkable, accessible urban environments that improve health, expand multimodal transportation options, and include varied community facilities, parks, and green spaces that are open to people of all income levels.
The legislature recognizes that cities planning under chapter 36.70A RCW require direction and technical assistance to ensure the benefits of state transportation investments are maximized and shared equitably while avoiding unnecessary programmatic and cost burdens to local governments in their comprehensive planning, code enactment, and permit processing workloads. The legislature further recognizes that regulatory flexibility and local control are also important features of optimal planning outcomes." [ 2025 c 267 s 1.]

catchline: Transit-oriented development—Development regulation in station areas—Affordable housing—Exceptions—Timelines.


title: RCW 36.70A.841

text:
Subject to appropriation, the department must establish and administer a grant program to assist cities in providing:
(1) The infrastructure necessary to accommodate development at transit-oriented development densities within station areas, including water, sewer, stormwater, and transportation infrastructure and parks and recreation facilities;
(2) Station area planning or other predevelopment costs necessary for implementation of station area plans; and
(3) The staffing necessary to implement transit-oriented development requirements.
[ 2025 c 267 s 4.]
Notes:
Findings—2025 c 267: See note following RCW 36.70A.840.


title: RCW 36.70A.842

text:
(1) To encourage transit-oriented development and transit use and resulting substantial environmental benefits, cities planning under RCW 36.70A.040 may not require off-street automobile parking as a condition of permitting residential or mixed-use development within a station area as defined in RCW 36.70A.030, except for off-street automobile parking that is permanently marked for the exclusive use of individuals with disabilities or parking that is permanently marked for the short-term exclusive use of delivery vehicles.
(2) If a project permit application within a station area, as defined in RCW 36.70B.020, does not provide parking in compliance with this section, the proposed absence of parking may not be treated as a basis for issuance of a determination of significance pursuant to chapter 43.21C RCW.
(3) The parking provisions of this section do not apply:
(a) If a local government submits to the department an empirical study prepared by a credentialed transportation or land use planning expert that clearly demonstrates, and the department finds and certifies, that the application of the parking limitations under subsection (1) of this section will be significantly less safe for automobile drivers or passengers, pedestrians, or bicyclists than if the jurisdiction's parking requirements were applied to the same location. The department must develop guidance to assist cities and counties on items to include in the study; or
(b) To portions of cities within a one-mile radius of a commercial airport in Washington with at least 9,000,000 annual enplanements.
(4) If a residential or mixed-use development provides parking for residential uses in excess of what is required in subsection (1) of this section, cities planning under RCW 36.70A.040 may enact or enforce development regulations to:
(a) Require a share of any provided residential parking to be distributed between units designated as affordable housing and units offered at market rate; and
(b) Include all or a portion of the cost of unbundled parking charges into the monthly cost for rental units designated as affordable housing.
[ 2025 c 267 s 5.]
Notes:
Findings—2025 c 267: See note following RCW 36.70A.840.


title: RCW 36.70A.845

text:
(1)(a) A county or city planning under RCW 36.70A.040 must allow:
(i) Transitional housing or permanent supportive housing in any zones within an urban growth area in which residential dwelling units or hotels are allowed; and
(ii) Indoor emergency shelters and indoor emergency housing in any zones within an urban growth area in which hotels are allowed. Nothing in this subsection allows a county or city to limit indoor emergency shelters and indoor emergency housing in a manner where the capacity of indoor emergency shelters and indoor emergency housing is insufficient to meet the projected needs identified under RCW 36.70A.070(2)(a)(ii). A county or city must allow indoor emergency shelters and indoor emergency housing in additional types of zones when necessary to meet projected needs identified in RCW 36.70A.070(2)(a)(ii).
(b) A county or city may not require transitional housing, permanent supportive housing, indoor emergency housing, and indoor emergency shelters to be located in a zone within an urban growth area zoned for industrial use.
(2) Except as provided in subsections (5) through (7) of this section, a county or city may not require through development regulations, ordinances, or legal agreements any standards, conditions, or requirements for transitional housing, permanent supportive housing, indoor emergency housing, and indoor emergency shelters that are more restrictive than those required for other types of lodging or residential development within the same zone, but may apply any objective development regulations, including form-based codes, that are required for lodging or residential development including, but not limited to, density limits, dimensional standards, height restrictions, floor area ratio, setback, lot coverage, stormwater, clearing, and tree canopy and retention requirements.
(3) Except as provided in subsections (5) through (7) of this section, a county or city shall only apply the same development permit and environmental review processes to transitional housing, permanent supportive housing, indoor emergency shelters, and indoor emergency housing that apply to other types of lodging or residential development within the same zone, 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.
(4) If applying design review for transitional housing, permanent supportive housing, indoor emergency shelters, and indoor emergency housing, only administrative design review may be required.
(5)(a) For an indoor emergency shelter or indoor emergency housing, a county or city may require the sponsor or managing agency to certify in writing that it has, between the date the permit application was approved and the date the certificate of occupancy was issued:
(i) Provided the name, if any, of the facility and the name and headquarters address of the managing entity;
(ii) Provided a description of any other programs operating in the building and copies of the applicable licenses and certifications held by the program;
(iii) Notified residents within 500 feet of the indoor emergency shelter or indoor emergency housing;
(iv) Conducted more than one community meeting;
(v) Designated at least one point of contact authorized to make decisions and take corrective action in the case of an emergency, and provided at least one telephone number to be used in emergencies; and
(vi) Provided documentation of the sponsor's or managing agency's operational policies or procedures for:
(A) Promoting and addressing health and safety inside the building and in areas immediately adjacent to the building;
(B) Admissions, including a description of the populations the project will serve and potential sources of referral;
(C) Program exit or transfer;
(D) Handling complaints and grievances from occupants;
(E) Health, fire, safety, and occupancy; and
(F) Staffing to provide services and resources to the population being served comparable to standard or customary practices for the particular type of housing being provided. The staffing policy or procedure may include, but is not limited to, the number of staff or volunteers present during daytime and nighttime operations, staff or volunteer training, and other processes to provide services and resources to the populations being served.
(b) The written certification by the sponsor or managing entity constitutes full compliance with (a) of this subsection. A county or city may not require the sponsor or managing agency to provide additional certifications outside of what is allowed under (a) of this subsection (5) or to repeat or revise any of the items in (a)(i) through (vi) of this subsection (5). Nothing in this subsection (b) prohibits the sponsor or managing agency from voluntarily updating any of the information submitted under (a)(i) through (vi) of this subsection (5).
(6) Nothing in this section requires a city or county to approve a permit application for permanent supportive housing, transitional housing, indoor emergency housing, or indoor emergency shelters that are proposed in a critical area in which no lodging or residential development is permitted, an area of natural hazards that generally prohibit lodging or residential development, or on agricultural, forest, or mineral lands of long-term commercial significance.
(7)(a) Upon receipt of a permit application for an indoor emergency shelter or indoor emergency housing with a proposed location within 500 feet of walking distance from another indoor emergency shelter or other indoor emergency housing, or within 500 feet of walking distance from the physical grounds of a public school as defined in RCW 28A.150.010 or a private school approved by the board of education under chapter 28A.195 RCW that existed before an indoor emergency shelter or indoor emergency housing is in operation or has submitted a permit application, the city in which the indoor emergency shelter or indoor emergency housing is proposed, or the county if the indoor emergency shelter or indoor emergency housing is not proposed in a city, may enter into good faith negotiations with the sponsor of the indoor emergency shelter or indoor emergency housing to establish additional and reasonable requirements pertaining to health and safety protocols.
(b) If the parties are unable to come to an agreement under (a) of this subsection (7) within 180 days of the permit being submitted, the county or city may deny the permit. If a permit is denied under this subsection, the county or city must assist the sponsor in identifying suitable properties to site the indoor emergency shelter or indoor emergency housing.
(c) This subsection (7) does not apply to an indoor emergency shelter or indoor emergency housing designated for individuals under the age of 18, families, or victims of domestic violence.
(d) Nothing in this subsection (7) allows a county or city to limit indoor emergency shelters or indoor emergency housing in a manner where the capacity of indoor emergency shelters and indoor emergency housing is insufficient to meet the projected needs identified under RCW 36.70A.070(2)(a)(ii).
[ 2026 c 232 s 2.]
Notes:
Intent—Findings—2026 c 232: "The legislature finds that Washington state faces an acute shortage of housing affordable to households at all income levels, resulting in housing insecurity and a growing number of people experiencing homelessness. The legislature further finds that local regulatory barriers, inconsistent siting standards, and discretionary review processes have constrained the timely development of permanent supportive housing, transitional housing, indoor emergency housing, and indoor emergency shelters. It is the intent of the legislature to increase housing supply and advance fair housing by requiring these housing types to be permitted in urban areas on the same terms as other types of lodging and residential development, subject only to objective and nondiscriminatory development standards necessary to protect public health and safety. By streamlining permitting processes and ensuring consistent treatment across jurisdictions, the legislature intends to avoid unnecessary cost increases associated with delays and to facilitate the prompt delivery of safe, dignified, and stable housing and to support statewide efforts to address homelessness and the housing crisis." [ 2026 c 232 s 1.]
Application—2026 c 232: "(1) A county or city subject to this act shall adopt or amend by ordinance, and incorporate into its development regulations, zoning regulations, and other official controls, the requirements of this act within two years of June 11, 2026, or its next comprehensive plan update, whichever occurs first. The requirements of this act supersede, preempt, and invalidate any conflicting local regulations and apply regardless of whether a county or city has incorporated the requirements of this act into the county's or city's development regulations, zoning regulations, and other official controls.
(2) This act does not apply to transitional housing, permanent supportive housing, indoor emergency shelters, and indoor emergency housing in operation on June 11, 2026. A county or city may not deem transitional housing, permanent supportive housing, indoor emergency shelters, and indoor emergency housing in operation on June 11, 2026, unlawful or noncompliant due to the provisions of the act or due to ordinances, regulations, or controls adopted or amended under subsection (1) of this section." [ 2026 c 232 s 7.]

catchline: Transitional housing, permanent supportive housing, and emergency housing—Regulations—Permits.


title: RCW 36.70A.900

text:
If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
[ 1990 1st ex.s. c 17 s 88.]

catchline: Severability—1990 1st ex.s. c 17.


title: RCW 36.70A.901

text:
Part and section headings as used in this act do not constitute any part of the law.
[ 1990 1st ex.s. c 17 s 89.]

catchline: Part, section headings not law—1990 1st ex.s. c 17.


title: RCW 36.70A.902

text:
Section headings as used in this act do not constitute any part of the law.
[ 1991 sp.s. c 32 s 40.]

catchline: Section headings not law—1991 sp.s. c 32.


title: RCW 36.70A.903

text:
(1) The powers, duties, and functions of the growth management hearings board are hereby transferred to the environmental and land use hearings office.
(2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the growth management hearings board shall be delivered to the custody of the environmental and land use hearings office. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the growth management hearings board shall be made available to the environmental and land use hearings office. All funds, credits, or other assets held by the growth management hearings board shall be assigned to the environmental and land use hearings office.
(b) Any appropriations made to the growth management hearings board shall, on July 1, 2011, be transferred and credited to the environmental and land use hearings office.
(c) If any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.
(3) All employees of the growth management hearings board are transferred to the jurisdiction of the environmental and land use hearings office. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the environmental and land use hearings office to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.
(4) All existing rules and all pending cases before the growth management hearings board shall be continued and acted upon by the growth management hearings board located within the environmental and land use hearings office. All pending business, existing contracts, and obligations shall remain in full force and shall be performed by the environmental and land use hearings office.
(5) The transfer of the powers, duties, functions, and personnel of the growth management hearings board shall not affect the validity of any act performed before July 1, 2011.
(6) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.
[ 2010 c 210 s 43.]
Notes:
Intent—Effective dates—Application—Pending cases and rules—2010 c 210: See notes following RCW 43.21B.001.

catchline: Transfer of powers, duties, and functions.


title: RCW 36.70A.904

text:
If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state.
[ 2011 c 360 s 21.]

catchline: Conflict with federal requirements—2011 c 360.


title: RCW 36.70B.010

text:
The legislature finds and declares the following:
(1) As the number of environmental laws and development regulations has increased for land uses and development, so has the number of required local land use permits, each with its own separate approval process.
(2) The increasing number of local and state land use permits and separate environmental review processes required by agencies has generated continuing potential for conflict, overlap, and duplication between the various permit and review processes.
(3) This regulatory burden has significantly added to the cost and time needed to obtain local and state land use permits and has made it difficult for the public to know how and when to provide timely comments on land use proposals that require multiple permits and have separate environmental review processes.
[ 1995 c 347 s 401.]

catchline: Findings and declaration.


title: RCW 36.70B.020

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Closed record appeal" means an administrative appeal on the record to a local government body or officer, including the legislative body, following an open record hearing on a project permit application when the appeal is on the record with no or limited new evidence or information allowed to be submitted and only appeal argument allowed.
(2) "Development regulations" means the controls placed on development or land use activities by a county or city including, but not limited to, zoning ordinances, critical areas ordinances, shoreline master programs, official controls, planned unit development ordinances, subdivision ordinances, and binding site plan ordinances together with any amendments thereto. A development regulation does not include a decision to approve a project permit application, even though the decision may be expressed in a resolution or ordinance of the legislative body of the county or city.
(3) "Local government" means a county, city, or town.
(4) "Open record hearing" means a hearing, conducted by a single hearing body or officer authorized by the local government to conduct such hearings, that creates the local government's record through testimony and submission of evidence and information, under procedures prescribed by the local government by ordinance or resolution. An open record hearing may be held prior to a local government's decision on a project permit to be known as an "open record predecision hearing." An open record hearing may be held on an appeal, to be known as an "open record appeal hearing," if no open record predecision hearing has been held on the project permit.
(5)(a) "Project permit" or "project permit application" means any land use or environmental permit or license required from a local government for a project action, including but not limited to subdivisions, binding site plans, planned unit developments, conditional uses, shoreline substantial development permits, site plan review, permits or approvals required by critical area ordinances, site-specific rezones which do not require a comprehensive plan amendment, but excluding the adoption or amendment of a comprehensive plan, subarea plan, or development regulations except as otherwise specifically included in this subsection.
(b) "Project permit" or "project permit application" does not include permits issued based on compliance with state and local building codes, or a special purpose district's or public utility district's determination of service availability, system capacity, infrastructure requirements, or review of proposed water, sewer, or stormwater civil plans.
(6) "Public meeting" means an informal meeting, hearing, workshop, or other public gathering of people to obtain comments from the public or other agencies on a proposed project permit prior to the local government's decision. A public meeting may include, but is not limited to, a design review or architectural control board meeting, a special review district or community council meeting, or a scoping meeting on a draft environmental impact statement. A public meeting does not include an open record hearing. The proceedings at a public meeting may be recorded and a report or recommendation may be included in the local government's project permit application file.
[ 2026 c 235 s 1; 2025 c 102 s 1; 2023 c 338 s 5; 1995 c 347 s 402.]

catchline: Definitions.


title: RCW 36.70B.030

text:
(1) Fundamental land use planning choices made in adopted comprehensive plans and development regulations shall serve as the foundation for project review. The review of a proposed project's consistency with applicable development regulations, or in the absence of applicable regulations the adopted comprehensive plan, under RCW 36.70B.040 shall incorporate the determinations under this section.
(2) During project review, a local government or any subsequent reviewing body shall determine whether the items listed in this subsection are defined in the development regulations applicable to the proposed project or, in the absence of applicable regulations the adopted comprehensive plan. At a minimum, such applicable regulations or plans shall be determinative of the:
(a) Type of land use permitted at the site, including uses that may be allowed under certain circumstances, such as planned unit developments and conditional and special uses, if the criteria for their approval have been satisfied;
(b) Density of residential development in urban growth areas; and
(c) Availability and adequacy of public facilities identified in the comprehensive plan, if the plan or development regulations provide for funding of these facilities as required by chapter 36.70A RCW.
(3) During project review, the local government or any subsequent reviewing body shall not reexamine alternatives to or hear appeals on the items identified in subsection (2) of this section, except for issues of code interpretation. As part of its project review process, a local government shall provide a procedure for obtaining a code interpretation as provided in RCW 36.70B.110.
(4) Pursuant to RCW 43.21C.240, a local government may determine that the requirements for environmental analysis and mitigation measures in development regulations and other applicable laws provide adequate mitigation for some or all of the project's specific adverse environmental impacts to which the requirements apply.
(5) Nothing in this section limits the authority of a permitting agency to approve, condition, or deny a project as provided in its development regulations adopted under chapter 36.70A RCW and in its policies adopted under RCW 43.21C.060. Project review shall be used to identify specific project design and conditions relating to the character of development, such as the details of site plans, curb cuts, drainage swales, transportation demand management, the payment of impact fees, or other measures to mitigate a proposal's probable adverse environmental impacts, if applicable.
(6) Subsections (1) through (4) of this section apply only to local governments planning under RCW 36.70A.040.
[ 1995 c 347 s 404.]
Notes:
Intent—Findings—1995 c 347 ss 404 and 405: "In enacting RCW 36.70B.030 and 36.70B.040, the legislature intends to establish a mechanism for implementing the provisions of chapter 36.70A RCW regarding compliance, conformity, and consistency of proposed projects with adopted comprehensive plans and development regulations. In order to achieve this purpose the legislature finds that:
(1) Given the extensive investment that public agencies and a broad spectrum of the public are making and will continue to make in comprehensive plans and development regulations for their communities, it is essential that project review start from the fundamental land use planning choices made in these plans and regulations. If the applicable regulations or plans identify the type of land use, specify residential density in urban growth areas, and identify and provide for funding of public facilities needed to serve the proposed development and site, these decisions at a minimum provide the foundation for further project review unless there is a question of code interpretation. The project review process, including the environmental review process under chapter 43.21C RCW and the consideration of consistency, should start from this point and should not reanalyze these land use planning decisions in making a permit decision.
(2) Comprehensive plans and development regulations adopted by local governments under chapter 36.70A RCW and environmental laws and rules adopted by the state and federal government have addressed a wide range of environmental subjects and impacts. These provisions typically require environmental studies and contain specific standards to address various impacts associated with a proposed development, such as building size and location, drainage, transportation requirements, and protection of critical areas. When a permitting agency applies these existing requirements to a proposed project, some or all of a project's potential environmental impacts will be avoided or otherwise mitigated. Through the integrated project review process described in subsection (1) of this section, the local government will determine whether existing requirements, including the applicable regulations or plans, adequately analyze and address a project's environmental impacts. RCW 43.21C.240 provides that project review should not require additional studies or mitigation under chapter 43.21C RCW where existing regulations have adequately addressed a proposed project's probable specific adverse environmental impacts.
(3) Given the hundreds of jurisdictions and agencies in the state and the numerous communities and applicants affected by development regulations and comprehensive plans adopted under chapter 36.70A RCW, it is essential to establish a uniform framework for considering the consistency of a proposed project with the applicable regulations or plan. Consistency should be determined in the project review process by considering four factors found in applicable regulations or plans: The type of land use allowed; the level of development allowed, such as units per acre or other measures of density; infrastructure, such as the adequacy of public facilities and services to serve the proposed project; and the character of the proposed development, such as compliance with specific development standards. This uniform approach corresponds to existing project review practices and will not place a burden on applicants or local government. The legislature intends that this approach should be largely a matter of checking compliance with existing requirements for most projects, which are simple or routine, while more complex projects may require more analysis. RCW 43.21C.240 and 36.70B.030 establish this uniform framework and also direct state agencies to consult with local government and the public to develop a better format than the current environmental checklist to meet this objective.
(4) When an applicant applies for a project permit, consistency between the proposed project and applicable regulations or plan should be determined through a project review process that integrates land use and environmental impact analysis, so that governmental and public review of the proposed project as required by this chapter, by development regulations under chapter 36.70A RCW, and by the environmental process under chapter 43.21C RCW run concurrently and not separately.
(5) RCW 36.70B.030 and 36.70B.040 address three related needs with respect to how the project review process should address consistency between a proposed project and the applicable regulations or plan:
(a) A uniform framework for the meaning of consistency;
(b) An emphasis on relying on existing requirements and adopted standards, with the use of supplemental authority as specified by chapter 43.21C RCW to the extent that existing requirements do not adequately address a project's specific probable adverse environmental impacts; and
(c) The identification of three basic land use planning choices made in applicable regulations or plans that, at a minimum, serve as a foundation for project review and that should not be reanalyzed during project permitting." [ 1995 c 347 s 403.]


title: RCW 36.70B.040

text:
(1) A proposed project's consistency with a local government's development regulations adopted under chapter 36.70A RCW, or, in the absence of applicable development regulations, the appropriate elements of the comprehensive plan adopted under chapter 36.70A RCW shall be decided by the local government during project review by consideration of:
(a) The type of land use;
(b) The level of development, such as units per acre or other measures of density;
(c) Infrastructure, including public facilities and services needed to serve the development; and
(d) The characteristics of the development, such as development standards.
(2) In deciding whether a project is consistent, the determinations made pursuant to RCW 36.70B.030(2) shall be controlling.
(3) For purposes of this section, the term "consistency" shall include all terms used in this chapter and chapter 36.70A RCW to refer to performance in accordance with this chapter and chapter 36.70A RCW, including but not limited to compliance, conformity, and consistency.
(4) Nothing in this section requires documentation, dictates an agency's procedures for considering consistency, or limits a city or county from asking more specific or related questions with respect to any of the four main categories listed in subsection (1)(a) through (d) of this section.
(5) The department of commerce is authorized to develop and adopt by rule criteria to assist local governments planning under RCW 36.70A.040 to analyze the consistency of project actions. These criteria shall be jointly developed with the department of ecology.
[ 2023 c 470 s 2020; 1997 c 429 s 46; 1995 c 347 s 405.]
Notes:
Explanatory statement—2023 c 470: See note following RCW 10.99.030.
Severability—1997 c 429: See note following RCW 36.70A.3201.
Intent—Findings—1995 c 347 ss 404 and 405: See note following RCW 36.70B.030.

catchline: Determination of consistency.


title: RCW 36.70B.050

text:
Not later than March 31, 1996, each local government shall provide by ordinance or resolution for review of project permit applications to achieve the following objectives:
(1) Combine the environmental review process, both procedural and substantive, with the procedure for review of project permits; and
(2) Except for the appeal of a determination of significance as provided in RCW 43.21C.075, provide for no more than one open record hearing and one closed record appeal.
[ 1995 c 347 s 406.]

catchline: Local government review of project permit applications required—Objectives.


title: RCW 36.70B.060

text:
Not later than June 30, 2027, each local government planning under RCW 36.70A.040 shall establish by ordinance or resolution an integrated and consolidated project permit process that may be included in its development regulations. In addition to the elements required by RCW 36.70B.050, the process shall include the following elements:
(1) A determination of completeness to the applicant as required by RCW 36.70B.070;
(2)(a) The designation of a permit responsible official for project permit applications related to a residential project. This official has the authority to make all final administrative decisions on project permit applications related to residential projects consistent with the procedural requirements of this chapter. If a local government is also the lead agency responsible for the environmental analysis and procedural requirements under chapter 43.21C RCW for the residential project, then the permit responsible official must be designated as the responsible official under that chapter.
(b) The local government shall designate, for each project permit application, a single point of contact, which may be a designated official, position, office, or functional unit of the local government and may be identified by a publicly available telephone number or electronic mail address for purposes of applicant communication. The designation may vary by application. The designated official, position, office, or functional unit must coordinate with other departments and with other agencies or government entities with permit review responsibilities as necessary to ensure that a final decision on project permit applications is issued within the applicable timeline under RCW 36.70B.080. The designation of a single point of contact does not confer independent final decision-making authority unless otherwise provided under local ordinance;
(3) A notice of application to the public and agencies with jurisdiction as required by RCW 36.70B.110;
(4) Except as provided in RCW 36.70B.140, an optional consolidated project permit review process as provided in RCW 36.70B.120. The review process shall provide for no more than one consolidated open record hearing and one closed record appeal. If an open record predecision hearing is provided prior to the decision on a project permit, the process shall not allow a subsequent open record appeal hearing;
(5) Provision allowing for any public meeting or required open record hearing to be combined with any public meeting or open record hearing that may be held on the project by another local, state, regional, federal, or other agency, in accordance with provisions of RCW 36.70B.110;
(6) A single report stating all the decisions made as of the date of the report on all project permits included in the consolidated permit process that do not require an open record predecision hearing and any recommendations on project permits that do not require an open record predecision hearing. The report shall state any mitigation required or proposed under the development regulations or the agency's authority under RCW 43.21C.060. The report may be the local permit. If a threshold determination other than a determination of significance has not been issued previously by the local government, the report shall include or append this determination;
(7) Except for the appeal of a determination of significance as provided in RCW 43.21C.075, if a local government elects to provide an appeal of its threshold determinations or project permit decisions, the local government shall provide for no more than one consolidated open record hearing on such appeal. The local government need not provide for any further appeal and may provide an appeal for some but not all project permit decisions. If an appeal is provided after the open record hearing, it shall be a closed record appeal before a single decision-making body or officer;
(8) A notice of decision as required by RCW 36.70B.130 and issued within the time period provided in RCW 36.70B.080; and
(9) Any other provisions not inconsistent with the requirements of this chapter or chapter 43.21C RCW.
[ 2026 c 235 s 4; 1995 c 347 s 407.]

catchline: Local governments planning under the growth management act to establish integrated and consolidated project permit process—Required elements.


title: RCW 36.70B.070

text:
(1)(a) Within 28 days after receiving a project permit application, a local government planning pursuant to RCW 36.70A.040 shall provide a written determination to the applicant.
(b) The written determination must state either:
(i) That the application is procedurally complete; or
(ii) That the application is procedurally incomplete and that the procedural submission requirements of the local government have not been met. The determination shall outline what is necessary to make the application procedurally complete.
(c) The number of days shall be calculated by counting every calendar day.
(d) To the extent known by the local government, the local government shall identify other agencies of local, state, or federal governments that may have jurisdiction over some aspect of the application.
(2) A project permit application is procedurally complete for purposes of this section when it meets the procedural submission requirements of the local government, as outlined on the project permit application. A local government shall accept applications from a regional transit authority established under chapter 81.112 RCW regardless of whether the regional transit authority owns or has possession and use of the property subject to the application, so long as the application is otherwise complete. A determination of procedural completeness is not a substantive review of the application and shall not be conditioned on the adequacy, accuracy, or sufficiency of the information submitted. Additional information or studies may be required or project modifications may be undertaken subsequent to the procedural review of the application by the local government. The determination of completeness shall not preclude the local government from requesting additional information or studies either at the time of the notice of completeness or subsequently if new information is required or substantial changes in the proposed action occur. However, if the procedural submission requirements, as outlined on the project permit application have been provided, the need for additional information or studies may not preclude a completeness determination.
(3) The determination of completeness may include or be combined with the following:
(a) A preliminary determination of those development regulations that will be used for project mitigation;
(b) A preliminary determination of consistency, as provided under RCW 36.70B.040;
(c) Other information the local government chooses to include; or
(d) The notice of application pursuant to the requirements in RCW 36.70B.110.
(4)(a) An application shall be deemed procedurally complete on the 29th day after receiving a project permit application under this section if the local government does not provide a written determination to the applicant that the application is procedurally incomplete as provided in subsection (1)(b)(ii) of this section. When the local government does not provide a written determination, they may still seek additional information or studies as provided for in subsection (2) of this section.
(b) Within 14 days after an applicant has submitted to a local government additional information identified by the local government as being necessary for a complete application, the local government shall notify the applicant whether the application is complete or what additional information is necessary.
(c) The notice of application shall be provided within 14 days after the determination of procedural completeness pursuant to RCW 36.70B.110.
[ 2026 c 235 s 2; 2026 c 166 s 5; 2023 c 338 s 6; 1995 c 347 s 408; 1994 c 257 s 4. Formerly RCW 36.70A.440.]
Notes:
Reviser's note: This section was amended by 2026 c 166 s 5 and by 2026 c 235 s 2, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Severability—1994 c 257: See note following RCW 36.70A.270.

catchline: Project permit applications—Determination of completeness—Notice to applicant.