title: RCW 36.70A.635

text:
(1) Except as provided in subsection (4) of this section, any city that is required or chooses to plan under RCW 36.70A.040 must provide by ordinance and incorporate into its development regulations, zoning regulations, and other official controls, authorization for the following:
(a) For cities with a population of at least 25,000 but less than 75,000 based on office of financial management population estimates:
(i) The development of at least two units per lot on all lots zoned predominantly for residential use, unless zoning permitting higher densities or intensities applies;
(ii) The development of at least four units per lot on all lots zoned predominantly for residential use, unless zoning permitting higher densities or intensities applies, within one-quarter mile walking distance of a major transit stop; and
(iii) The development of at least four units per lot on all lots zoned predominantly for residential use, unless zoning permitting higher densities or intensities applies, if at least one unit is affordable housing.
(b) For cities with a population of at least 75,000 based on office of financial management population estimates:
(i) The development of at least four units per lot on all lots zoned predominantly for residential use, unless zoning permitting higher densities or intensities applies;
(ii) The development of at least six units per lot on all lots zoned predominantly for residential use, unless zoning permitting higher densities or intensities applies, within one-quarter mile walking distance of a major transit stop; and
(iii) The development of at least six units per lot on all lots zoned predominantly for residential use, unless zoning permitting higher densities or intensities applies, if at least two units are affordable housing.
(c) For cities with a population of less than 25,000, that are within a contiguous urban growth area with the largest city in a county with a population of more than 275,000, based on office of financial management population estimates the development of at least two units per lot on all lots zoned predominantly for residential use, unless zoning permitting higher densities or intensities applies.
(2)(a) To qualify for the additional units allowed under subsection (1) of this section, the applicant must commit to renting or selling the required number of units as affordable housing. The units must be maintained as affordable for a term of at least 50 years, and the property must satisfy that commitment and all required affordability and income eligibility conditions adopted by the local government under this chapter. A city must require the applicant to record a covenant or deed restriction that ensures the continuing rental of units subject to these affordability requirements consistent with the conditions in chapter 84.14 RCW for a period of no less than 50 years. The covenant or deed restriction must also address criteria and policies to maintain public benefit if the property is converted to a use other than which continues to provide for permanently affordable housing.
(b) The units dedicated as affordable must be provided in a range of sizes comparable to other units in the development. To the extent practicable, the number of bedrooms in affordable units must be in the same proportion as the number of bedrooms in units within the entire development. The affordable units must generally be distributed throughout the development and have substantially the same functionality as the other units in the development.
(c) If a city has enacted a program under RCW 36.70A.540, the terms of that program govern to the extent they vary from the requirements of this subsection.
(3) If a city has enacted a program under RCW 36.70A.540, subsection (1) of this section does not preclude the city from requiring any development, including development described in subsection (1) of this section, to provide affordable housing, either on-site or through an in-lieu payment, nor limit the city's ability to expand such a program or modify its requirements.
(4)(a) As an alternative to the density requirements in subsection (1) of this section, a city may implement the density requirements in subsection (1) of this section for at least 75 percent of lots in the city that are primarily dedicated to single-family detached housing units.
(b) The 25 percent of lots for which the requirements of subsection (1) of this section are not implemented must include but are not limited to:
(i) Any areas within the city for which the department has certified an extension of the implementation timelines under RCW 36.70A.637 due to the risk of displacement;
(ii) Any areas within the city for which the department has certified an extension of the implementation timelines under RCW 36.70A.638 due to a lack of infrastructure capacity;
(iii) Any lots, parcels, and tracts designated with critical areas or their buffers that are exempt from the density requirements as provided in subsection (8) of this section;
(iv) Any portion of a city within a one-mile radius of a commercial airport with at least 9,000,000 annual enplanements that is exempt from the parking requirements under subsection (7)(b) of this section; and
(v) Any areas subject to sea level rise, increased flooding, susceptible to wildfires, or geological hazards over the next 100 years.
(c) Unless identified as at higher risk of displacement under RCW 36.70A.070(2)(g), the 25 percent of lots for which the requirements of subsection (1) of this section are not implemented may not include:
(i) Any areas for which the exclusion would further racially disparate impacts or result in zoning with a discriminatory effect;
(ii) Any areas within one-half mile walking distance of a major transit stop; or
(iii) Any areas historically covered by a covenant or deed restriction excluding racial minorities from owning property or living in the area, as known to the city at the time of each comprehensive plan update.
(5) A city subject to the requirements of subsection (1)(a) or (b) of this section must allow at least six of the nine types of middle housing to achieve the unit density required in subsection (1) of this section. A city may allow accessory dwelling units to achieve the unit density required in subsection (1) of this section. Cities are not required to allow accessory dwelling units or middle housing types beyond the density requirements in subsection (1) of this section. A city must also allow zero lot line short subdivision where the number of lots created is equal to the unit density required in subsection (1) of this section.
(6) Any city subject to the requirements of this section:
(a) If applying design review for middle housing, only administrative design review shall be required;
(b) Except as provided in (a) of this subsection, shall not require through development regulations 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, set-back, lot coverage, stormwater, clearing, and tree canopy and retention requirements;
(c) Shall 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;
(d) Shall not require off-street parking as a condition of permitting development of middle housing within one-half mile walking distance of a major transit stop;
(e) Shall not require more than one off-street parking space per unit as a condition of permitting development of middle housing on lots no greater than 6,000 square feet before any zero lot line subdivisions or lot splits;
(f) Shall not require more than two off-street parking spaces per unit as a condition of permitting development of middle housing on lots greater than 6,000 square feet before any zero lot line subdivisions or lot splits; and
(g) Are not required to achieve the per unit density under chapter 332, Laws of 2023 on lots after subdivision below 1,000 square feet unless the city chooses to enact smaller allowable lot sizes.
(7) The provisions of subsection (6)(d) through (f) 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 of subsection (6)(d) through (f) of this section for middle housing will be significantly less safe for vehicle drivers or passengers, pedestrians, or bicyclists than if the jurisdiction's parking requirements were applied to the same location for the same number of detached houses. The department must develop guidance to assist cities 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.
(8) The provisions of this section do not apply to:
(a) Portions of a lot, parcel, or tract designated with critical areas designated under RCW 36.70A.170 or their buffers as required by RCW 36.70A.170, 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;
(b) Areas designated as sole-source aquifers by the United States environmental protection agency on islands in the Puget Sound;
(c) A watershed serving a reservoir for potable water if that watershed is or was listed, as of July 23, 2023, as impaired or threatened under section 303(d) of the federal clean water act (33 U.S.C. Sec. 1313(d));
(d) Lots that have been designated urban separators by countywide planning policies as of July 23, 2023; or
(e) A lot that was created through the splitting of a single residential lot pursuant to RCW 58.17.145.
(9) Nothing in this section prohibits a city from permitting detached single-family residences.
(10) 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.
(11) A city must comply with the requirements of this section on the latter of:
(a) Its next periodic comprehensive plan update required under RCW 36.70A.130 if the city meets the population threshold based on the 2020 office of financial management population data; or
(b) 12 months after their next implementation progress report required under RCW 36.70A.130 after a determination by the office of financial management that the city has reached a population threshold established under this section.
(12) A city complying with this section and not granted a timeline extension under RCW 36.70A.638 does not have to update its capital facilities plan element required by RCW 36.70A.070(3) to accommodate the increased housing required by chapter 332, Laws of 2023 until the first periodic comprehensive plan update required for the city under RCW 36.70A.130(5) that occurs on or after June 30, 2034.
(13) Until June 30, 2026, for cities subject to a growth target adopted under RCW 36.70A.210 that limit the maximum residential capacity of the jurisdiction, any additional residential capacity required by this section for lots, parcels, and tracts with critical areas or critical area buffers outside of critical areas or their buffers may not be considered an inconsistency with the countywide planning policies, multicounty planning policies, or growth targets adopted under RCW 36.70A.210.
[ 2025 c 301 s 3; 2025 c 148 s 3; 2024 c 152 s 2; 2023 c 332 s 3.]
Notes:
Reviser's note: This section was amended by 2025 c 148 s 3 and by 2025 c 301 s 3, 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).
Findings—Intent—2025 c 301: See note following RCW 58.17.145.
Finding—2023 c 332: "The legislature finds that Washington is facing an unprecedented housing crisis for its current population and a lack of housing choices, and is not likely to meet the affordability goals for future populations. In order to meet the goal of 1,000,000 new homes by 2044, and enhanced quality of life and environmental protection, innovative housing policies will need to be adopted.
Increasing housing options that are more affordable to various income levels is critical to achieving the state's housing goals, including those codified by the legislature under chapter 254, Laws of 2021.
There is continued need for the development of housing at all income levels, including middle housing that will provide a wider variety of housing options and configurations to allow Washingtonians to live near where they work.
Homes developed at higher densities are more affordable by design for Washington residents both in their construction and reduced household energy and transportation costs.
While creating more housing options, it is essential for cities to identify areas at higher risk of displacement and establish antidisplacement policies as required in Engrossed Second Substitute House Bill No. 1220 (chapter 254, Laws of 2021).
The state has made historic investments in subsidized affordable housing through the housing trust fund, yet even with these historic investments, the magnitude of the housing shortage requires both public and private investment.
In addition to addressing the housing shortage, allowing more housing options in areas already served by urban infrastructure will reduce the pressure to develop natural and working lands, support key strategies for climate change, food security, and Puget Sound recovery, and save taxpayers and ratepayers money." [ 2023 c 332 s 1.]

catchline: Minimum residential density.


doc_type: statute

jurisdiction: wa

title: RCW 36.70A.636

text:
(1)(a) The department is directed to provide technical assistance to cities as they implement the requirements under RCW 36.70A.635.
(b) The department shall prioritize such technical assistance to cities demonstrating the greatest need.
(2)(a) The department shall publish model middle housing ordinances no later than six months following July 23, 2023.
(b) In any city subject to RCW 36.70A.635 that has not passed ordinances, regulations, or other official controls within the time frames provided under RCW 36.70A.635(11), the model ordinance supersedes, preempts, and invalidates local development regulations until the city takes all actions necessary to implement RCW 36.70A.635.
(3)(a) The department is directed to establish a process by which cities implementing the requirements of RCW 36.70A.635 may seek approval of alternative local action necessary to meet the requirements of chapter 332, Laws of 2023.
(b) The department may approve actions under this section for cities that have, by January 1, 2023, adopted a comprehensive plan that is substantially similar to the requirements of chapter 332, Laws of 2023 and have adopted, or within one year of July 23, 2023, adopts, permanent development regulations that are substantially similar to the requirements of chapter 332, Laws of 2023. In determining whether a city's adopted comprehensive plan and permanent development regulations are substantially similar, the department must find as substantially similar plans and regulations that:
(i) Result in an overall increase in housing units allowed in single-family zones that is at least 75 percent of the increase in housing units allowed in single-family zones if the specific provisions of chapter 332, Laws of 2023 were adopted;
(ii) Allow for middle housing throughout the city, rather than just in targeted locations; and
(iii) Allow for additional density near major transit stops, and for projects that incorporate dedicated affordable housing.
(c) The department may also approve actions under this section for cities that have, by January 1, 2023, adopted a comprehensive plan or development regulations that have significantly reduced or eliminated residentially zoned areas that are predominantly single family. The department must find that a city's actions are substantially similar to the requirements of chapter 332, Laws of 2023 if they have adopted, or within one year of July 23, 2023, adopts, permanent development regulations that:
(i) Result in an overall increase in housing units allowed in single-family zones that is at least 75 percent of the increase in housing units allowed in single-family zones if the specific provisions of chapter 332, Laws of 2023 were adopted;
(ii) Allow for middle housing throughout the city, rather than just in targeted locations; and
(iii) Allow for additional density near major transit stops, and for projects that incorporate dedicated affordable housing.
(d) The department may determine that a comprehensive plan and development regulations that do not meet these criteria are otherwise substantially similar to the requirements of chapter 332, Laws of 2023 if the city can clearly demonstrate that the regulations adopted will allow for a greater increase in middle housing production within single family zones than would be allowed through implementation of RCW 36.70A.635.
(e) Any local actions approved by the department pursuant to (a) of this subsection to implement the requirements under RCW 36.70A.635 are exempt from appeals under this chapter and chapter 43.21C RCW.
(f) The department's final decision to approve or reject actions by cities implementing RCW 36.70A.635 may be appealed to the growth management hearings board by filing a petition as provided in RCW 36.70A.290.
(4) The department may issue guidance for local jurisdictions to ensure that the levels of middle housing zoning under chapter 332, Laws of 2023 can be integrated with the methods used by cities to calculate zoning densities and intensities in local zoning and development regulations.
[ 2023 c 332 s 4.]
Notes:
Finding—2023 c 332: See note following RCW 36.70A.635.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Department technical assistance—Approval of alternative action.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 36.70A.637

text:
Any city choosing the alternative density requirements in RCW 36.70A.635(4) may apply to the department for, and the department may certify, an extension for areas at risk of displacement as determined by the antidisplacement analysis that a jurisdiction is required to complete under RCW 36.70A.070(2). The city must create a plan for implementing antidisplacement policies by their next implementation progress report required by RCW 36.70A.130(9). The department may certify one further extension based on evidence of significant ongoing displacement risk in the impacted area.
[ 2023 c 332 s 5.]
Notes:
Finding—2023 c 332: See note following RCW 36.70A.635.

catchline: Extension for certain areas.


title: RCW 36.70A.638

text:
(1) Any city choosing the alternative density requirements in RCW 36.70A.635(4) may apply to the department for, and the department may certify, an extension of the implementation timelines established under RCW 36.70A.635(11).
(2) An extension certified under this section may be applied only to specific areas where a city can demonstrate that water, sewer, stormwater, transportation infrastructure, including facilities and transit services, or fire protection services lack capacity to accommodate the density required in RCW 36.70A.635, and the city has:
(a) Included one or more improvements, as needed, within its capital facilities plan to adequately increase capacity; or
(b) Identified which special district is responsible for providing the necessary infrastructure if the infrastructure is provided by a special purpose district.
(3) If an extension of the implementation timelines is requested due to lack of water supply from the city or the purveyors who serve water within the city, the department's evaluation of the extension must be based on the applicable water system plans in effect and approved by the department of health. Water system plan updates initiated after July 23, 2023, must include consideration of water supply requirements for middle housing types.
(4) An extension granted under this section remains in effect until the earliest of:
(a) The infrastructure is improved to accommodate the capacity;
(b) The city's deadline to complete its next periodic comprehensive plan update under RCW 36.70A.130; or
(c) The city's deadline to complete its implementation progress report to the department as required under RCW 36.70A.130(9).
(5) A city that has received an extension under this section may reapply for any needed extension with its next periodic comprehensive plan update under RCW 36.70A.130 or its implementation progress report to the department under RCW 36.70A.130(9). The application for an additional extension must include a list of infrastructure improvements necessary to meet the capacity required in RCW 36.70A.635. Such additional extension must only be to address infrastructure deficiency that a city is not reasonably able to address within the first extension.
(6) The department may establish by rule any standards or procedures necessary to implement this section.
(7) The department must provide the legislature with a list of projects identified in a city's capital facilities plan that were the basis for the extension under this section, including planning level estimates. Additionally, the city must contact special purpose districts to identify additional projects associated with extensions under this section.
(8) A city granted an extension for a specific area must allow development as provided under RCW 36.70A.635 if the developer commits to providing the necessary water, sewer, or stormwater infrastructure.
(9) If an area zoned predominantly for residential use is currently served only by private wells, group B water systems or group A water systems with less than 50 connections, or a city or water providers within the city do not have an adequate water supply or available connections to serve the zoning increase required under RCW 36.70A.635, the city may limit the areas subject to the requirements under RCW 36.70A.635 to match current water availability. Nothing in chapter 332, Laws of 2023 affects or modifies the responsibilities of cities to plan for or provide urban governmental services as defined in RCW 36.70A.030 or affordable housing as required by RCW 36.70A.070.
(10) No city shall approve a building permit for housing under RCW 36.70A.635 without compliance with the adequate water supply requirements of RCW 19.27.097.
(11) If an area zoned predominantly for residential use is currently served only by on-site sewage systems, development may be limited to two units per lot, until either the landowner or local government provides sewer service or demonstrates a sewer system will serve the development at the time of construction. Nothing in chapter 332, Laws of 2023 affects or modifies the responsibilities of cities to plan for or provide urban governmental services as defined in RCW 36.70A.030.
[ 2023 c 332 s 7.]
Notes:
Finding—2023 c 332: See note following RCW 36.70A.635.

catchline: Extension for lack of infrastructure capacity.


title: RCW 36.70A.639

text:
The department of commerce may establish by rule any standards or procedures necessary to implement RCW 36.70A.030, 36.70A.280, 36.70A.635, 36.70A.636, 36.70A.637, and 36.70A.638.
[ 2023 c 332 s 14.]
Notes:
Finding—2023 c 332: See note following RCW 36.70A.635.

catchline: Department rules.


title: RCW 36.70A.680

text:
(1)(a) Cities and counties planning under this chapter must adopt or amend by ordinance, and incorporate into their development regulations, zoning regulations, and other official controls the requirements of this section and of RCW 36.70A.681, to take effect at the same time as the jurisdiction's next periodic comprehensive plan update required under RCW 36.70A.130.
(b) In any city or county that has not adopted or amended ordinances, regulations, or other official controls as required under this section, the requirements of this section and RCW 36.70A.681 supersede, preempt, and invalidate any conflicting local development regulations.
(2) Ordinances, development regulations, and other official controls adopted or amended pursuant to this section and RCW 36.70A.681 must only apply in the portions of towns, cities, and counties that are within urban growth areas designated under this chapter.
(3) Any action taken by a city or county to comply with the requirements of this section or RCW 36.70A.681 is not subject to legal challenge under this chapter or chapter 43.21C RCW.
(4) Nothing in this section or RCW 36.70A.681 requires or authorizes a city or county to authorize the construction of an accessory dwelling unit in a location where development is restricted under other laws, rules, or ordinances as a result of physical proximity to on-site sewage system infrastructure, critical areas, or other unsuitable physical characteristics of a property.
(5) Nothing in this section or in RCW 36.70A.681 prohibits a city or county from:
(a) Restricting the use of accessory dwelling units for short-term rentals;
(b) Applying public health, safety, building code, and environmental permitting requirements to an accessory dwelling unit that would be applicable to the principal unit, including regulations to protect ground and surface waters from on-site wastewater;
(c) Applying generally applicable development regulations to the construction of an accessory unit, except when the application of such regulations would be contrary to this section or to RCW 36.70A.681;
(d) Prohibiting the construction of accessory dwelling units on lots that are not connected to or served by public sewers; or
(e) Prohibiting or restricting the construction of accessory dwelling units in residential zones with a density of one dwelling unit per acre or less that are within areas designated as wetlands, fish and wildlife habitats, flood plains, or geologically hazardous areas.
[ 2025 c 148 s 4; 2023 c 334 s 3.]
Notes:
Findings—Intent—2023 c 334: "(1) The legislature makes the following findings:
(a) Washington state is experiencing a housing affordability crisis. Many communities across the state are in need of more housing for renters across the income spectrum.
(b) Many cities dedicate the majority of residentially zoned land to single detached houses that are increasingly financially out of reach for many households. Due to their smaller size, accessory dwelling units can provide a more affordable housing option in those single-family zones.
(c) Localities can start to correct for historic economic and racial exclusion in single-family zones by opening up these neighborhoods to more diverse housing types, including accessory dwelling units, that provide lower cost homes. Increasing housing options in expensive, high-opportunity neighborhoods will give more families access to schools, parks, and other public amenities otherwise accessible to only the wealthy.
(d) Accessory dwelling units are frequently rented below market rate, providing additional affordable housing options for renters.
(e) Accessory dwelling units can also help to provide housing for very low-income households. More than 10 percent of accessory dwelling units in some areas are occupied by tenants who pay no rent at all; among these tenants are grandparents, adult children, family members with disabilities, friends going through life transitions, and community members in need. Accessory dwelling units meet the needs of these people who might otherwise require subsidized housing space and resources.
(f) Accessory dwelling units can meet the needs of Washington's growing senior population, making it possible for this population to age in their communities by offering senior-friendly housing, which prioritizes physical accessibility, in walkable communities near amenities essential to successful aging in place, including transit and grocery stores, without requiring costly renovations of existing housing stock.
(g) Homeowners who add an accessory dwelling unit may benefit from added income and an increased sense of security.
(h) Accessory dwelling units provide environmental benefits. On average they are more energy efficient than single detached houses, and they incentivize adaptive reuse of existing homes and materials.
(i) Siting accessory dwelling units near transit hubs, employment centers, and public amenities can help to reduce greenhouse gas emissions by increasing walkability, shortening household commutes, and curtailing sprawl.
(2) The legislature intends to promote and encourage the creation of accessory dwelling units as a means to address the need for additional affordable housing options." [ 2023 c 334 s 1.]

catchline: Accessory dwelling units—Local regulation.


title: RCW 36.70A.681

text:
(1) In addition to ordinances, development regulations, and other official controls adopted or amended to comply with this section and RCW 36.70A.680, a city or county must comply with all of the following policies:
(a) The city or county may not assess impact fees on the construction of accessory dwelling units that are greater than 50 percent of the impact fees that would be imposed on the principal unit;
(b) The city or county may not require the owner of a lot on which there is an accessory dwelling unit to reside in or occupy the accessory dwelling unit or another housing unit on the same lot;
(c) The city or county must allow at least two accessory dwelling units on all lots that are located in all zoning districts within an urban growth area that allow for single-family homes in the following configurations:
(i) One attached accessory dwelling unit and one detached accessory dwelling unit;
(ii) Two attached accessory dwelling units; or
(iii) Two detached accessory dwelling units, which may be comprised of either one or two detached structures;
(d) The city or county must permit accessory dwelling units in structures detached from the principal unit;
(e) The city or county must allow an accessory dwelling unit on any lot that meets the minimum lot size required for the principal unit;
(f) The city or county may not establish a maximum gross floor area requirement for accessory dwelling units that is less than 1,000 square feet;
(g) The city or county may not establish roof height limits on an accessory dwelling unit of less than 24 feet, unless the height limitation that applies to the principal unit is less than 24 feet, in which case a city or county may not impose roof height limitation on accessory dwelling units that is less than the height limitation that applies to the principal unit;
(h) A city or county may not impose setback requirements, yard coverage limits, tree retention mandates, restrictions on entry door locations, aesthetic requirements, or requirements for design review for accessory dwelling units that are more restrictive than those for principal units;
(i) A city or county must allow detached accessory dwelling units to be sited at a lot line if the lot line abuts a public alley, unless the city or county routinely plows snow on the public alley;
(j) A city or county must allow accessory dwelling units to be converted from existing structures, including but not limited to detached garages, even if they violate current code requirements for setbacks or lot coverage;
(k) A city or county may not prohibit the sale or other conveyance of a condominium unit independently of a principal unit solely on the grounds that the condominium unit was originally built as an accessory dwelling unit; and
(l) A city or county may not require public street improvements as a condition of permitting accessory dwelling units.
(2)(a) A city or county subject to the requirements of this section may not:
(i) Require off-street parking as a condition of permitting development of accessory dwelling units within one-half mile walking distance of a major transit stop;
(ii) Require more than one off-street parking space per unit as a condition of permitting development of accessory dwelling units on lots smaller than 6,000 square feet before any zero lot line subdivisions or lot splits; and
(iii) Require more than two off-street parking spaces per unit as a condition of permitting development of accessory dwelling units on lots greater than 6,000 square feet before any zero lot line subdivisions or lot splits.
(b) The provisions of (a) of this subsection do not apply:
(i) 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 of (a) of this subsection for accessory dwelling units will be significantly less safe for vehicle drivers or passengers, pedestrians, or bicyclists than if the jurisdiction's parking requirements were applied to the same location for the same number of detached houses. The department must develop guidance to assist cities and counties on items to include in the study; or
(ii) To portions of cities within a one mile radius of a commercial airport in Washington with at least 9,000,000 annual enplanements.
(3) When regulating accessory dwelling units, cities and counties may impose a limit of two accessory dwelling units, in addition to the principal unit, on a residential lot of 2,000 square feet or less.
(4) The provisions of this section do not apply to lots designated with critical areas or their buffers as designated in RCW 36.70A.060, or to a watershed serving a reservoir for potable water if that watershed is or was listed, as of July 23, 2023, as impaired or threatened under section 303(d) of the federal clean water act (33 U.S.C. Sec. 1313(d)).
[ 2023 c 334 s 4.]
Notes:
Findings—Intent—2023 c 334: See note following RCW 36.70A.680.

catchline: Accessory dwelling units—Limitations on local regulation.


title: RCW 36.70A.682

text:
(1) By December 31, 2023, the department must revise its recommendations for encouraging accessory dwelling units to include the provisions of RCW 36.70A.680 and 36.70A.681.
(2) During each comprehensive plan review required by RCW 36.70A.130, the department must review local government comprehensive plans and development regulations for compliance with RCW 36.70A.680 and 36.70A.681 and the department's recommendations under subsection (1) of this section.
[ 2023 c 334 s 8.]

catchline: Accessory dwelling units—Department review of comprehensive plans.


title: RCW 36.70A.683

text:
(1) Cities planning under this chapter may, in compliance with the conditions set forth in subsection (2) of this section, operate a self-certification program to allow for registered architects as provided for in chapter 18.08 RCW to self-certify compliance with applicable building code requirements for the construction or development of one or more detached accessory dwelling units on a residential property. If a permit application has been self-certified, then the city reviewing the permit application may consider the application to be in compliance with applicable building code requirements without the need for additional review after determining that it is procedurally complete pursuant to RCW 36.70B.070. A permit issued after a permit review that includes a self-certified component shall have the same effect as a permit issued after full project permit review under chapter 36.70B RCW.
(2)(a) A city must adopt rules for its self-certification program. These rules must consist of, at a minimum:
(i) Any professional requirements, other than the registration required in subsection (1) of this section, that must be met in order for an architect to qualify for the self-certification program within the city;
(ii) Requirements for random audits of self-certified program permit applications, utilizing any randomization process the city deems appropriate, to ensure that submissions are satisfying applicable building code requirements, including that a minimum 20 percent of applications, or five applications, whichever is fewer, must be audited each calendar year in addition to any additional nonrandom audits the city deems necessary;
(iii) Penalties for project permits that fail an audit, including any appropriate financial penalties and a requirement that an architect who has submitted an application that has failed an audit be temporarily prohibited from participating in the self-certification program for a period of not less than one year and that the submission of a second application that fails an audit within five years of a preceding submission that failed an audit will result in a permanent prohibition on participation in the self-certification program, and provisions for administrative hearing procedures to resolve any disputes over the results of an audit or resulting penalties;
(iv) Requirements that architects participating in the program maintain an appropriate level of professional liability insurance coverage as determined by the city.
(b) A city may adopt any additional rules, and may exceed the minimum rules in this subsection, as the city deems appropriate.
(3) A city operating a self-certification program must create a self-certification form that includes, at a minimum:
(a) An attestation that the architect certifying the permit application will correct any false or inaccurate statements within the application as soon as they become known to the architect;
(b) An acknowledgment that participation in the program is conditional upon the accuracy of the architect's certification, and that discovery of inaccuracies, insufficiencies, or errors during an audit may result in suspension or termination from the self-certification program;
(c) An agreement, signed by the property owner, the owner or authorized representative of the company that will construct the accessory dwelling unit for which the permit has been submitted, and the certifying architect, to protect, defend, indemnify, and hold harmless the city for any claims or injuries connected with the design or construction of the accessory dwelling unit for which the self-certification program permit application was submitted, or for the issuance of a project permit pursuant to the self-certification program; and
(d) An acknowledgment from the property owner for whom the project permit is submitted that the property owner has authorized the architect to submit the self-certification project permit application and that the owner has the responsibility and obligation to correct, at the owner's expense, any nonconformities with the applicable building code requirements within a reasonable period after such nonconformities are discovered.
(4)(a) Cities utilizing a self-certification program must notify the department whenever any penalty is imposed on an architect because of a failed audit under this section.
(b) The department shall maintain a database that is accessible to cities of architects that are currently subject to penalties within a city because of a failed audit under this section. No city shall accept a self-certified project permit application from an architect that is currently subject to penalties because of a failed audit under this section in another city.
(5)(a) Any city operating a self-certification program shall submit a report on its program to the department by July 31, 2028. The report must include, at a minimum:
(i) The number of projects within the city for which a self-certification was submitted;
(ii) The number of such projects for which a permit was issued;
(iii) The average length of time, excluding any periods in which the city is awaiting additional information from an applicant, in which the applicant has requested that review of the application be suspended, or in which an administrative appeal is pending, from project permit submission for detached accessory dwelling units to the issuance of the project permit within the city for both self-certified project permit applications and nonself-certified project permit applications; and
(iv) The results of any audits of self-certified project permit applications undertaken by the jurisdiction.
(b) The department shall submit a report to the appropriate committees of the legislature by December 31, 2028, summarizing the information received from cities pursuant to (a) of this subsection.
(6) For the purposes of this section, "building code" means the state building code, the state energy code, and any local building, electrical, plumbing, mechanical, or fire codes. It does not include any utility connection requirements.
[ 2025 c 22 s 1.]
Notes:
Construction—2025 c 22: "Nothing in this act may be construed to affect the validity of any self-certification or similar program existing prior to the effective date of section 1 of this act." [ 2025 c 22 s 2.]

catchline: Accessory dwelling units—Permit self-certification program—Forms—Audit.


title: RCW 36.70A.685

text:
(1) Counties that are required or choose to plan under this chapter may allow detached accessory dwelling units outside of urban growth areas if the county meets the requirements in subsections (2) and (3) of this section, and such detached accessory dwelling units are subject to development regulations that include the following limitations:
(a) No parcel may have more than one accessory dwelling unit, whether attached or detached;
(b) The detached accessory dwelling unit must be subject to the water supply requirements of RCW 19.27.097 and any groundwater mitigation requirements adopted by the county or department of ecology;
(c) The combined water withdrawal for the detached accessory dwelling unit, the principal unit, and any other domestic uses on the parcel may not exceed the use limitations in RCW 90.44.050 for domestic use;
(d) Withdrawals of water by each dwelling unit on the parcel must be metered;
(e) The applicant must provide documentation that the existing or proposed sewage or septic system is capable of handling the additional demand placed upon it by the detached accessory dwelling unit;
(f) The gross floor area of the detached accessory dwelling unit may not exceed the gross floor area of what could be authorized by the county as an expansion of the principal unit to create an attached accessory dwelling unit; however, in no case may the gross floor area be greater than 1,296 square feet. Floor areas exclude garages, porches, and unfinished basements;
(g) The detached accessory dwelling unit must utilize the same driveway or other means of ingress and egress as the principal unit;
(h) The detached accessory dwelling unit must be sited within 150 feet of the principal unit;
(i) The detached accessory dwelling unit may be the existing principal unit if the existing principal unit meets the requirements of this subsection, is a single-family dwelling unit, and a new principal unit that is a single-family dwelling unit is constructed on the same parcel;
(j) The detached accessory dwelling unit must not be allowed on nonconforming lots under one acre; and
(k) A parcel may not be subdivided for the purposes of avoiding the limits on development regulations described in this subsection.
(2) In addition to the requirements in subsections (1) and (3) of this section, counties that allow detached accessory dwelling units outside of urban growth areas must have the following code enforcement measures in place:
(a) A voluntary county code compliance process through which the owner of an unpermitted detached accessory dwelling unit may bring the unpermitted detached accessory dwelling unit into compliance with applicable regulations. In such a case, a permit penalty of at least double the normal permit fee must be applied;
(b) Owners who do not seek voluntary compliance and are found to have constructed or placed a detached accessory dwelling unit without all required permits must be subject to a civil infraction of at least $1,000 and must be required to remove the detached accessory dwelling unit or ensure that it meets all existing development regulations, if applicable. A penalty of at least triple the normal permit fee must be applied if the accessory dwelling unit remains and meets all existing development regulations; and
(c) Any owner who does not seek voluntary compliance and has received a civil infraction for constructing or placing an accessory dwelling unit without all required permits must be prohibited from receiving any permits for the placement or construction of new accessory dwelling units for a period of at least three years.
(3) In addition to the requirements in subsections (1) and (2) of this section, counties that allow detached accessory dwelling units outside of urban growth areas must take the following actions to account for detached accessory dwelling unit development:
(a) The county must track and annually report to the department the number of detached accessory dwelling unit permits completed;
(b) Utilizing the data collected and reported in (a) of this subsection, the county must update its comprehensive land use plan during its next required review and all subsequent reviews required under RCW 36.70A.130(5) to properly account for the number of detached accessory dwelling units completed since June 11, 2026, and the projected development over the next 20-year planning period so that the housing units will not exceed the underlying densities for the comprehensive plan designations and zones outside of urban growth areas;
(c) The county must limit future amendments to its comprehensive land use plan under (b) of this subsection such that these amendments may not occur more than once every five years; and
(d) The county must include the following limits on population growth targets in its comprehensive plan:
(i) If the county is a rural county as defined in RCW 43.160.020, the county may allocate no more than 10 percent of its rural population target to detached accessory dwelling units; and
(ii) If the county is not a rural county as defined in RCW 43.160.020, the county may allocate no more than seven percent of its rural population target to detached accessory dwelling units.
(4) Subsection (1) of this section is in addition to other county authority enumerated in this chapter and does not:
(a) Affect or modify the validity of any county ordinance authorizing accessory dwelling units adopted prior to June 11, 2026;
(b) Exclude other means of authorizing accessory dwelling units in urban or rural areas, if consistent with this section; or
(c) Exclude other innovative techniques under RCW 36.70A.070(5)(b), 36.70A.090, or 36.70A.177, if consistent with this section.
[ 2026 c 231 s 1.]

catchline: Accessory dwelling units outside of urban growth areas.


title: RCW 36.70A.690

text:
This chapter does not preclude counties from authorizing inspections of on-site sewage systems to be conducted by a homeowner, a homeowner's family member, or a homeowner's tenant that has completed certification requirements specified by the county. Nothing in this section eliminates the requirement that counties protect water quality consistent with RCW 36.70A.070 (1) and (5).
[ 2017 c 105 s 1.]

catchline: On-site sewage system self-inspection.


title: RCW 36.70A.695

text:
(1) By July 1, 2010, the development regulations of any jurisdiction:
(a) Adjacent to Interstate 5, Interstate 90, Interstate 405, or state route number 520, with a population over twenty thousand, and located in a county with a population over one million five hundred thousand; or
(b) Adjacent to Interstate 5 and located in a county with a population greater than six hundred thousand; or
(c) Adjacent to Interstate 5 and located in a county with a state capitol within its borders;
planning under this chapter must allow electric vehicle infrastructure as a use in all areas except those zoned for residential or resource use or critical areas. A jurisdiction may adopt and apply other development regulations that do not have the effect of precluding the siting of electric vehicle infrastructure in areas where that use is allowed.
(2) By July 1, 2011, or six months after the distribution required under RCW 43.31.970 occurs, whichever is later, the development regulations of any jurisdiction adjacent to Interstate 5, Interstate 90, Interstate 405, or state route number 520 planning under this chapter must allow electric vehicle infrastructure as a use in all areas except those zoned for residential or resource use or critical areas. A jurisdiction may adopt and apply other development regulations that do not have the effect of precluding the siting of electric vehicle infrastructure in areas where that use is allowed.
(3) By July 1, 2011, or six months after the distribution required under RCW 43.31.970 occurs, whichever is later, the development regulations of any jurisdiction planning under this chapter must allow battery charging stations as a use in all areas except those zoned for residential or resource use or critical areas. A jurisdiction may adopt and apply other development regulations that do not have the effect of precluding the siting of electric vehicle infrastructure in areas where that use is allowed.
(4) Cities are authorized to adopt incentive programs to encourage the retrofitting of existing structures with the electrical outlets capable of charging electric vehicles. Incentives may include bonus height, site coverage, floor area ratio, and transferable development rights for use in urban growth areas.
(5) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Battery charging station" means an electrical component assembly or cluster of component assemblies designed specifically to charge batteries within electric vehicles, which meet or exceed any standards, codes, and regulations set forth by chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540.
(b) "Battery exchange station" means a fully automated facility that will enable an electric vehicle with a swappable battery to enter a drive lane and exchange the depleted battery with a fully charged battery through a fully automated process, which meets or exceeds any standards, codes, and regulations set forth by chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540.
(c) "Electric vehicle infrastructure" means structures, machinery, and equipment necessary and integral to support an electric vehicle, including battery charging stations, rapid charging stations, and battery exchange stations.
(d) "Rapid charging station" means an industrial grade electrical outlet that allows for faster recharging of electric vehicle batteries through higher power levels, which meets or exceeds any standards, codes, and regulations set forth by chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540.
(6) If federal funding for public investment in electric vehicles, electric vehicle infrastructure, or alternative fuel distribution infrastructure is not provided by February 1, 2010, subsection (1) of this section is null and void.
[ 2009 c 459 s 12.]
Notes:
Finding—Purpose—2009 c 459: See note following RCW 47.80.090.
Regional transportation planning organizations—Electric vehicle infrastructure: RCW 47.80.090.

catchline: Development regulations—Jurisdictions specified—Electric vehicle infrastructure.


title: RCW 36.70A.696

text:
The definitions in this section apply throughout RCW 36.70A.697, 36.70A.698, 36.70A.680, 36.70A.681, and 36.70A.685 unless the context clearly requires otherwise.
(1) "Accessory dwelling unit" means a dwelling unit located on the same lot as a single-family housing unit, duplex, triplex, townhome, or other housing unit.
(2) "Attached accessory dwelling unit" means an accessory dwelling unit located within or attached to a single-family housing unit, duplex, triplex, townhome, or other housing unit.
(3) "City" means any city, code city, and town located in a county planning under RCW 36.70A.040.
(4) "County" means any county planning under RCW 36.70A.040.
(5) "Detached accessory dwelling unit" means an accessory dwelling unit that consists partly or entirely of a building that is separate and detached from a single-family housing unit, duplex, triplex, townhome, or other housing unit and is on the same property.
(6) "Dwelling unit" means a residential living unit that provides complete independent living facilities for one or more persons and that includes permanent provisions for living, sleeping, eating, cooking, and sanitation.
(7) "Gross floor area" means the interior habitable area of a dwelling unit including basements and attics but not including a garage or accessory structure.
(8) "Major transit stop" means:
(a) A stop on a high capacity transportation system funded or expanded under the provisions of chapter 81.104 RCW;
(b) Commuter rail stops;
(c) Stops on rail or fixed guideway systems, including transitways;
(d) Stops on bus rapid transit routes or routes that run on high occupancy vehicle lanes; or
(e) Stops for a bus or other transit mode providing actual fixed route service at intervals of at least fifteen minutes for at least five hours during the peak hours of operation on weekdays.
(9) "Owner" means any person who has at least 50 percent ownership in a property on which an accessory dwelling unit is located.
(10) "Principal unit" means the single-family housing unit, duplex, triplex, townhome, or other housing unit located on the same lot as an accessory dwelling unit.
(11) "Short-term rental" means a lodging use, that is not a hotel or motel or bed and breakfast, in which a dwelling unit, or portion thereof, is offered or provided to a guest by a short-term rental operator for a fee for fewer than 30 consecutive nights.
[ 2026 c 231 s 2; 2023 c 334 s 2; 2021 c 306 s 2; 2020 c 217 s 2.]
Notes:
Findings—Intent—2023 c 334: See note following RCW 36.70A.680.
Findings—Intent—2020 c 217: "(1) The legislature makes the following findings:
(a) Washington state is experiencing a housing affordability crisis. Many communities across the state are in need of more housing for renters, across the income spectrum. Accessory dwelling units are frequently rented at below market rate, providing additional affordable housing options for renters.
(b) Accessory dwelling units are often occupied by tenants who pay no rent at all; among these tenants are grandparents, adult children, family members with disabilities, friends going through life transitions, and community members in need. Accessory dwelling units meet the needs of these people who might otherwise require scarce subsidized housing space and resources.
(c) Accessory dwelling units can meet the needs of Washington's growing senior population, making it possible for this population to age in their communities by offering senior-friendly housing, which prioritizes physical accessibility, in walkable communities near amenities essential to successful aging in place, including transit and grocery stores, without requiring costly renovations of existing housing stock.
(d) Homeowners who add an accessory dwelling unit may benefit from added income and an increased sense of security.
(e) Siting accessory dwelling units near transit hubs and near public amenities can help to reduce greenhouse gas emissions by increasing walkability, shortening household commutes, and limiting sprawl.
(2) The legislature intends to promote and encourage the creation of accessory dwelling units as a means to address the need for additional affordable housing options." [ 2020 c 217 s 1.]

catchline: Accessory dwelling units—Definitions.


title: RCW 36.70A.697

text:
(1) Cities must adopt or amend by ordinance, and incorporate into their development regulations, zoning regulations, and other official controls the requirements of RCW 36.70A.698 to take effect by July 1, 2021.
(2) Beginning July 1, 2021, the requirements of RCW 36.70A.698:
(a) Apply and take effect in any city that has not adopted or amended ordinances, regulations, or other official controls as required under this section; and
(b) Supersede, preempt, and invalidate any local development regulations that conflict with RCW 36.70A.698.
[ 2020 c 217 s 3.]
Notes:
Findings—Intent—2020 c 217: See note following RCW 36.70A.696.

catchline: Accessory dwelling units—Adoption of requirements.


title: RCW 36.70A.698

text:
(1) Except as provided in subsection[s] (2) and (3) of this section, through ordinances, development regulations, zoning regulations, and other official controls as required under RCW 36.70A.697, cities may not require the provision of off-street parking for accessory dwelling units within one-quarter mile of a major transit stop.
(2) A city may require the provision of off-street parking for an accessory dwelling unit located within one-quarter mile of a major transit stop if the city has determined that the accessory dwelling unit is in an area with a lack of access to street parking capacity, physical space impediments, or other reasons supported by evidence that would make on-street parking infeasible for the accessory dwelling unit.
(3) A city that has adopted or substantively amended accessory dwelling unit regulations within the four years previous to June 11, 2020, is not subject to the requirements of this section.
[ 2020 c 217 s 4.]
Notes:
Findings—Intent—2020 c 217: See note following RCW 36.70A.696.

catchline: Accessory dwelling units—Off-street parking—When prohibited.


title: RCW 36.70A.699

text:
Nothing in chapter 217, Laws of 2020 modifies or limits any rights or interests legally recorded in the governing documents of associations subject to chapter 64.32, 64.34, 64.38, or 64.90 RCW.
[ 2020 c 217 s 5.]
Notes:
Findings—Intent—2020 c 217: See note following RCW 36.70A.696.
PDF
RCW 36.70A.699
Accessory dwelling units—Rights not modified. (Effective January 1, 2028.)
Nothing in chapter 217, Laws of 2020 modifies or limits any rights or interests legally recorded in the governing documents of associations subject to chapter 64.90 RCW.
[ 2024 c 321 s 404; 2020 c 217 s 5.]
Notes:
Effective dates—2024 c 321 ss 319 and 401-432: See note following RCW 64.90.485.
Findings—Intent—2020 c 217: See note following RCW 36.70A.696.

catchline: Accessory dwelling units—Rights not modified. (Effective until January 1, 2028.)


title: RCW 36.70A.700

text:
(1) The purpose of chapter 360, Laws of 2011 is to establish the voluntary stewardship program as recommended in the report submitted by the William D. Ruckelshaus Center to the legislature as required by chapter 353, Laws of 2007 and chapter 203, Laws of 2010.
(2) It is the intent of chapter 360, Laws of 2011 to:
(a) Promote plans to protect and enhance critical areas within the area where agricultural activities are conducted, while maintaining and improving the long-term viability of agriculture in the state of Washington and reducing the conversion of farmland to other uses;
(b) Focus and maximize voluntary incentive programs to encourage good riparian and ecosystem stewardship as an alternative to historic approaches used to protect critical areas;
(c) Rely upon RCW 36.70A.060 for the protection of critical areas for those counties that do not choose to participate in this program;
(d) Leverage existing resources by relying upon existing work and plans in counties and local watersheds, as well as existing state and federal programs to the maximum extent practicable to achieve program goals;
(e) Encourage and foster a spirit of cooperation and partnership among county, tribal, environmental, and agricultural interests to better assure the program success;
(f) Improve compliance with other laws designed to protect water quality and fish habitat; and
(g) Rely upon voluntary stewardship practices as the primary method of protecting critical areas and not require the cessation of agricultural activities.
[ 2011 c 360 s 1.]

catchline: Purpose—Intent—2011 c 360.


title: RCW 36.70A.702

text:
Nothing in RCW 36.70A.700 through 36.70A.760 may be construed to:
(1) Interfere with or supplant the ability of any agricultural operator to work cooperatively with a conservation district or participate in state or federal conservation programs;
(2) Require an agricultural operator to discontinue agricultural activities legally existing before July 22, 2011;
(3) Prohibit the voluntary sale or leasing of land for conservation purposes, either in fee or as an easement;
(4) Grant counties or state agencies additional authority to regulate critical areas on lands used for agricultural activities; and
(5) Limit the authority of a state agency, local government, or landowner to carry out its obligations under any other federal, state, or local law.
[ 2011 c 360 s 15.]

catchline: Construction.


title: RCW 36.70A.703

text:
The definitions in this section apply to RCW 36.70A.700 through 36.70A.760 and RCW 36.70A.130 and 36.70A.280 unless the context clearly requires otherwise.
(1) "Agricultural activities" means all agricultural uses and practices as defined in RCW 90.58.065.
(2) "Commission" means the state conservation commission as defined in RCW 89.08.030.
(3) "Director" means the executive director of the state conservation commission.
(4) "Enhance" or "enhancement" means to improve the processes, structure, and functions existing, as of July 22, 2011, of ecosystems and habitats associated with critical areas.
(5) "Participating watershed" means a watershed identified by a county under RCW 36.70A.710(1) to participate in the program.
(6) "Priority watershed" means a geographic area nominated by the county and designated by the commission.
(7) "Program" means the voluntary stewardship program established in RCW 36.70A.705.
(8) "Protect" or "protecting" means to prevent the degradation of functions and values existing as of July 22, 2011.
(9) "Receipt of funding" means the date a county takes legislative action accepting any funds as required in RCW 36.70A.715(1) to implement the program.
(10) "Statewide advisory committee" means the statewide advisory committee created in RCW 36.70A.745.
(11) "Technical panel" means the directors or director designees of the following agencies: The department of fish and wildlife; the department of agriculture; the department of ecology; and the commission.
(12) "Watershed" means a water resource inventory area, salmon recovery planning area, or a subbasin as determined by a county.
(13) "Watershed group" means an entity designated by a county under the provisions of RCW 36.70A.715.
(14) "Work plan" means a watershed work plan developed under the provisions of RCW 36.70A.720.
[ 2011 c 360 s 2.]

catchline: Definitions.


title: RCW 36.70A.705

text:
(1) The voluntary stewardship program is established to be administered by the commission. The program shall be designed to protect and enhance critical areas on lands used for agricultural activities through voluntary actions by agricultural operators.
(2) In administering the program, the commission must:
(a) Establish policies and procedures for implementing the program;
(b) Administer funding for counties to implement the program including, but not limited to, funding to develop strategies and incentive programs and to establish local guidelines for watershed stewardship programs;
(c) Administer the program's technical assistance funds and coordinate among state agencies and other entities for the implementation of the program;
(d) Establish a technical panel;
(e) In conjunction with the technical panel, review and evaluate: (i) Work plans submitted for approval under RCW 36.70A.720(2)(a); and (ii) reports submitted under RCW 36.70A.720(2)(b);
(f) Review and evaluate the program's success and effectiveness and make appropriate changes to policies and procedures for implementing the program, in consultation with the statewide advisory committee and other affected agencies;
(g) Designate priority watersheds based upon the recommendation of the statewide advisory committee. The commission and the statewide advisory committee may only consider watersheds nominated by counties under RCW 36.70A.710. When designating priority watersheds, the commission and the statewide advisory committee shall consider the statewide significance of the criteria listed in RCW 36.70A.710(3);
(h) Provide administrative support for the program's statewide advisory committee in its work. The administrative support must be in collaboration with the department of ecology and other agencies involved in the program;
(i) Maintain a website about the program that includes times, locations, and agenda information for meetings of the statewide advisory committee;
(j) Report to the legislature on the general status of program implementation by December 1, 2013, and December 1, 2015;
(k) In conjunction with the statewide advisory committee, conduct a review of the program beginning in 2017 and every five years thereafter, and report its findings to the legislature by December 1st; and
(l) Report to the appropriate committees of the legislature in the format provided in RCW 43.01.036.
(3) The department shall assist counties participating in the program to develop plans and development regulations under RCW 36.70A.735(1).
(4) The commission, department, department of agriculture, department of fish and wildlife, department of ecology, and other state agencies as directed by the governor shall:
(a) Cooperate and collaborate to implement the program; and
(b) Develop materials to assist local watershed groups in development of work plans.
(5) State agencies conducting new monitoring to implement the program in a watershed must focus on the goals and benchmarks of the work plan.
[ 2011 c 360 s 3.]

catchline: Voluntary stewardship program established—Administered by commission—Agency participation.


title: RCW 36.70A.710

text:
(1)(a) As an alternative to protecting critical areas in areas used for agricultural activities through development regulations adopted under RCW 36.70A.060, the legislative authority of a county may elect to protect such critical areas through the program.
(b) In order to participate in the program, the legislative authority of a county must adopt an ordinance or resolution that:
(i) Elects to have the county participate in the program;
(ii) Identifies the watersheds that will participate in the program; and
(iii) Based on the criteria in subsection (4) of this section, nominates watersheds for consideration by the commission as state priority watersheds.
(2) Before adopting the ordinance or resolution under subsection (1) of this section, the county must (a) confer with tribes, and environmental and agricultural interests; and (b) provide notice following the public participation and notice provisions of RCW 36.70A.035 to property owners and other affected and interested individuals, tribes, government agencies, businesses, school districts, and organizations.
(3) In identifying watersheds to participate in the program, a county must consider:
(a) The role of farming within the watershed, including the number and acreage of farms, the economic value of crops and livestock, and the risk of the conversion of farmland;
(b) The overall likelihood of completing a successful program in the watershed; and
(c) Existing watershed programs, including those of other jurisdictions in which the watershed has territory.
(4) In identifying priority watersheds, a county must consider the following:
(a) The role of farming within the watershed, including the number and acreage of farms, the economic value of crops and livestock, and the risk of the conversion of farmland;
(b) The importance of salmonid resources in the watershed;
(c) An evaluation of the biological diversity of wildlife species and their habitats in the geographic region including their significance and vulnerability;
(d) The presence of leadership within the watershed that is representative and inclusive of the interests in the watershed;
(e) Integration of regional watershed strategies, including the availability of a data and scientific review structure related to all types of critical areas;
(f) The presence of a local watershed group that is willing and capable of overseeing a successful program, and that has the operational structures to administer the program effectively, including professional technical assistance staff, and monitoring and adaptive management structures; and
(g) The overall likelihood of completing a successful program in the watershed.
(5) Except as otherwise provided in subsection (9) of this section, beginning with the effective date of the ordinance or resolution adopted under subsection (1) of this section, the program applies to all unincorporated property upon which agricultural activities occur within a participating watershed.
(6)(a) Except as otherwise provided in (b) of this subsection, within two years after July 22, 2011, a county must review and, if necessary, revise development regulations adopted under this chapter to protect critical areas as they specifically apply to agricultural activities:
(i) If the county has not elected to participate in the program, for all unincorporated areas; or
(ii) If the county has elected to participate in the program, for any watershed not participating in the program.
(b) A county that between July 1, 2003, and June 30, 2007, in accordance with RCW 36.70A.130 completed the review of its development regulations as required by RCW 36.70A.130 to protect critical areas as they specifically apply to agricultural activities is not required to review and revise its development regulations until required by RCW 36.70A.130.
(c) After the review and amendment required under (a) of this subsection, RCW 36.70A.130 applies to the subsequent review and amendment of development regulations adopted under this chapter to protect critical areas as they specifically apply to agricultural activities.
(7)(a) A county that has made the election under subsection (1) of this section may withdraw a participating watershed from the program by adopting an ordinance or resolution withdrawing the watershed from the program. A county may withdraw a watershed from the program at the end of three years, five years, or eight years after receipt of funding, or any time after ten years from receipt of funding.
(b) Within 18 months after withdrawing a participating watershed from the program, the county must review and, if necessary, revise its development regulations that protect critical areas in that watershed as they specifically apply to agricultural activities. The development regulations must protect the critical area functions and values as they existed on July 22, 2011. RCW 36.70A.130 applies to the subsequent review and amendment of development regulations adopted under this chapter to protect critical areas as they specifically apply to agricultural activities.
(8)(a) A county that has made the election under subsection (1) of this section is eligible for a share of the funding made available to implement the program, subject to funding availability from the state.
(b) A county that has made the election under subsection (1) of this section and after July 23, 2023, is eligible for a share of the funding made available to implement the program, subject to funding availability from the state.
(9)(a) A county that has made the election under subsection (1) of this section is not required to implement the program in a participating watershed until adequate funding for the program in that watershed is provided to the county.
(b) A county that has made the election under subsection (1) of this section and after July 23, 2023, is not required to implement the program in a participating watershed until adequate funding for the program in that watershed is provided to the county. The election under subsection (1) of this section may not take effect until new adequate funding for the program in that watershed is provided to the county.
[ 2023 c 187 s 1; 2011 c 360 s 4.]

catchline: Critical areas protection—Alternative to RCW 36.70A.060—County's responsibilities—Procedures.


title: RCW 36.70A.715

text:
(1) When the commission makes funds available to a county that has made the election provided in RCW 36.70A.710(1), the county must within sixty days:
(a) Acknowledge the receipt of funds; and
(b) Designate a watershed group and an entity to administer funds for each watershed for which funding has been provided.
(2) A county must confer with tribes and interested stakeholders before designating or establishing a watershed group.
(3) The watershed group must include broad representation of key watershed stakeholders and, at a minimum, representatives of agricultural and environmental groups and tribes that agree to participate. The county should encourage existing lead entities, watershed planning units, or other integrating organizations to serve as the watershed group.
(4) The county may designate itself, a tribe, or another entity to coordinate the local watershed group.
[ 2011 c 360 s 5.]

catchline: Funding by commission—County's duties—Watershed group established.


title: RCW 36.70A.720

text:
(1) A watershed group designated by a county under RCW 36.70A.715 must develop a work plan to protect critical areas while maintaining the viability of agriculture in the watershed. The work plan must include goals and benchmarks for the protection and enhancement of critical areas. In developing and implementing the work plan, the watershed group must:
(a) Review and incorporate applicable water quality, watershed management, farmland protection, and species recovery data and plans;
(b) Seek input from tribes, agencies, and stakeholders;
(c) Develop goals for participation by agricultural operators conducting commercial and noncommercial agricultural activities in the watershed necessary to meet the protection and enhancement benchmarks of the work plan;
(d) Ensure outreach and technical assistance is provided to agricultural operators in the watershed;
(e) Create measurable benchmarks that, within ten years after the receipt of funding, are designed to result in (i) the protection of critical area functions and values and (ii) the enhancement of critical area functions and values through voluntary, incentive-based measures;
(f) Designate the entity or entities that will provide technical assistance;
(g) Work with the entity providing technical assistance to ensure that individual stewardship plans contribute to the goals and benchmarks of the work plan;
(h) Incorporate into the work plan any existing development regulations relied upon to achieve the goals and benchmarks for protection;
(i) Establish baseline monitoring for: (i) Participation activities and implementation of the voluntary stewardship plans and projects; (ii) stewardship activities; and (iii) the effects on critical areas and agriculture relevant to the protection and enhancement benchmarks developed for the watershed;
(j) Conduct periodic evaluations, institute adaptive management, and provide a written report of the status of plans and accomplishments to the county and to the commission within sixty days after the end of each biennium;
(k) Assist state agencies in their monitoring programs; and
(l) Satisfy any other reporting requirements of the program.
(2)(a) The watershed group shall develop and submit the work plan to the director for approval as provided in RCW 36.70A.725.
(b)(i) Not later than five years after the receipt of funding for a participating watershed, the watershed group must report to the director and the county on whether it has met the work plan's protection and enhancement goals and benchmarks.
(ii) If the watershed group determines the protection goals and benchmarks have been met, and the director concurs under RCW 36.70A.730, the watershed group shall continue to implement the work plan.
(iii) If the watershed group determines the protection goals and benchmarks have not been met, it must propose and submit to the director an adaptive management plan to achieve the goals and benchmarks that were not met. If the director does not approve the adaptive management plan under RCW 36.70A.730, the watershed is subject to RCW 36.70A.735.
(iv) If the watershed group determines the enhancement goals and benchmarks have not been met, the watershed group must determine what additional voluntary actions are needed to meet the benchmarks, identify the funding necessary to implement these actions, and implement these actions when funding is provided.
(c)(i) Not later than ten years after receipt of funding for a participating watershed, and every five years thereafter, the watershed group must report to the director and the county on whether it has met the protection and enhancement goals and benchmarks of the work plan.
(ii) If the watershed group determines the protection goals and benchmarks have been met, and the director concurs under RCW 36.70A.730, the watershed group shall continue to implement the work plan.
(iii) If the watershed group determines the protection goals and benchmarks have not been met, the watershed is subject to RCW 36.70A.735.
(iv) If the watershed group determines the enhancement goals and benchmarks have not been met, the watershed group must determine what additional voluntary actions are needed to meet the benchmarks, identify the funding necessary to implement these actions, and implement these actions when funding is provided.
(3) Following approval of a work plan, a county or watershed group may request a state or federal agency to focus existing enforcement authority in that participating watershed, if the action will facilitate progress toward achieving work plan protection goals and benchmarks.
(4) The commission may provide priority funding to any watershed designated under the provisions of RCW 36.70A.705(2)(g). The director, in consultation with the statewide advisory committee, shall work with the watershed group to develop an accelerated implementation schedule for watersheds that receive priority funding.
(5) Commercial and noncommercial agricultural operators participating in the program are eligible to receive funding and assistance under watershed programs.
[ 2011 c 360 s 6.]

catchline: Watershed group's duties—Work plan—Conditional priority funding.


title: RCW 36.70A.725

text:
(1) Upon receipt of a work plan submitted to the director under RCW 36.70A.720(2)(a), the director must submit the work plan to the technical panel for review.
(2) The technical panel shall review the work plan and report to the director within ninety days after the director receives the work plan. The technical panel shall assess whether at the end of ten years after receipt of funding, the work plan, in conjunction with other existing plans and regulations, will protect critical areas while maintaining and enhancing the viability of agriculture in the watershed.
(3)(a) If the technical panel determines the proposed work plan will protect critical areas while maintaining and enhancing the viability of agriculture in the watershed:
(i) It must recommend approval of the work plan; and
(ii) The director must approve the work plan.
(b) If the technical panel determines the proposed work plan will not protect critical areas while maintaining and enhancing the viability of agriculture in the watershed:
(i) It must identify the reasons for its determination; and
(ii) The director must advise the watershed group of the reasons for disapproval.
(4) The watershed group may modify and resubmit its work plan for review and approval consistent with this section.
(5) If the director does not approve a work plan submitted under this section within two years and nine months after receipt of funding, the director shall submit the work plan to the statewide advisory committee for resolution. If the statewide advisory committee recommends approval, the director must approve the work plan.
(6) If the director does not approve a work plan for a watershed within three years after receipt of funding, the provisions of RCW 36.70A.735(2) apply to the watershed.
[ 2017 3rd sp.s. c 1 s 961; 2011 c 360 s 7.]
Notes:
Effective date—2017 3rd sp.s. c 1: See note following RCW 43.41.455.

catchline: Technical review of work plan—Time frame for action by director.


title: RCW 36.70A.730

text:
(1) Upon receipt of a report by a watershed group under RCW 36.70A.720(2)(b) that the work plan goals and benchmarks have been met, the director must consult with the statewide advisory committee. If the director concurs with the watershed group report, the watershed group shall continue to implement the work plan. If the director does not concur with the watershed group report, the director shall consult with the statewide advisory committee following the procedures in subsection (2) of this section.
(2) If either the director, following receipt of a report under subsection (1) of this section, or the watershed group, in the report submitted to the director under RCW 36.70A.720(2)(b), concludes that the work plan goals and benchmarks for protection have not been met, the director must consult with the statewide advisory committee for a recommendation on how to proceed. If the director, acting upon recommendation from the statewide advisory committee, determines that the watershed is likely to meet the goals and benchmarks with an additional six months of planning and implementation time, the director must grant an extension. If the director, acting upon a recommendation from the statewide advisory committee, determines that the watershed is unlikely to meet the goals and benchmarks within six months, the watershed is subject to RCW 36.70A.735.
(3) A watershed that fails to meet its goals and benchmarks for protection within the six-month time extension under subsection (2) of this section is subject to RCW 36.70A.735.
[ 2011 c 360 s 8.]

catchline: Report by watershed group—Director consults with statewide advisory committee.


title: RCW 36.70A.735

text:
(1) Within eighteen months after one of the events in subsection (2) of this section, a county must:
(a) Develop, adopt, and implement a watershed work plan approved by the department that protects critical areas in areas used for agricultural activities while maintaining the viability of agriculture in the watershed. The department shall consult with the departments of agriculture, ecology, and fish and wildlife and the commission, and other relevant state agencies before approving or disapproving the proposed work plan. The appeal of the department's decision under this subsection is subject to appeal under RCW 36.70A.280;
(b) Adopt development regulations previously adopted under this chapter by another local government for the purpose of protecting critical areas in areas used for agricultural activities. Regulations adopted under this subsection (1)(b) must be from a region with similar agricultural activities, geography, and geology and must: (i) Be from Clallam, Clark, King, or Whatcom counties; or (ii) have been upheld by a growth management hearings board or court after July 1, 2011, where the board or court determined that the provisions adequately protected critical areas functions and values in areas used for agricultural activities;
(c) Adopt development regulations certified by the department as protective of critical areas in areas used for agricultural activities as required by this chapter. The county may submit existing or amended regulations for certification. The department must make its decision on whether to certify the development regulations within ninety days after the county submits its request. If the department denies the certification, the county shall take an action under (a), (b), or (d) of this subsection. The department must consult with the departments of agriculture, ecology, and fish and wildlife and the commission before making a certification under this section. The appeal of the department's decision under this subsection (1)(c) is subject to appeal under RCW 36.70A.280; or
(d) Review and, if necessary, revise development regulations adopted under this chapter to protect critical areas as they relate to agricultural activities.
(2) A participating watershed is subject to this section if:
(a) The work plan is not approved by the director as provided in RCW 36.70A.725;
(b) The work plan's goals and benchmarks for protection have not been met as provided in RCW 36.70A.720;
(c) The commission has determined under RCW 36.70A.740 that the county, department, commission, or departments of agriculture, ecology, or fish and wildlife have not received adequate funding to implement a program in the watershed; or
(d) The commission has determined under RCW 36.70A.740 that the watershed has not received adequate funding to implement the program.
(3) The department shall adopt rules to implement subsection (1)(a) and (c) of this section.
[ 2011 c 360 s 9.]

catchline: When work plan is not approved, fails, or is unfunded—County's duties—Rules.


title: RCW 36.70A.740

text:
(1) The commission must:
(a) In consultation with each county that has elected under RCW 36.70A.710 to participate in the program, determine which participating watersheds received adequate funding to establish and implement the program in a participating watershed; and
(b) In consultation with other state agencies, for each participating watershed determine whether state agencies required to take action under the provisions of RCW 36.70A.700 through 36.70A.760 have received adequate funding to support the program.
(2) By July 31, 2023, and every two years thereafter, in consultation with each county that has elected under RCW 36.70A.710 to participate in the program and other state agencies, the commission shall determine for each participating watershed whether adequate funding to implement the program was provided during the preceding biennium as provided in subsection (1) of this section.
(3) If the commission determines under subsection (1) or (2) of this section that a participating watershed has not received adequate funding, the watershed is subject to the provisions of RCW 36.70A.735.
(4) In consultation with the statewide advisory committee and other state agencies, not later than August 31, 2015, and each August 31st every two years thereafter, the commission shall report to the legislature and each county that has elected under RCW 36.70A.710 to participate in the program on the participating watersheds that have received adequate funding to establish and implement the program.
[ 2023 c 187 s 2; 2011 c 360 s 10.]

catchline: Commission's duties—Timelines.


title: RCW 36.70A.745

text:
(1)(a) From the nominations made under (b) of this subsection, the commission shall appoint a statewide advisory committee, consisting of: Two persons representing county government, two persons representing agricultural organizations, and two persons representing environmental organizations. The commission, in conjunction with the governor's office, shall also invite participation by two representatives of tribal governments.
(b) Organizations representing county, agricultural, and environmental organizations shall submit nominations of their representatives to the commission within ninety days of July 22, 2011. Members of the statewide advisory committee shall serve two-year terms except that for the first year, one representative from each of the sectors shall be appointed to the statewide advisory committee for a term of one year. Members may be reappointed by the commission for additional two-year terms and replacement members shall be appointed in accordance with the process for selection of the initial members of the statewide advisory committee.
(c) Upon notification of the commission by an appointed member, the appointed member may designate a person to serve as an alternate.
(d) The executive director of the commission shall serve as a nonvoting chair of the statewide advisory committee.
(e) Members of the statewide advisory committee shall serve without compensation and, unless serving as a state officer or employee, are not eligible for reimbursement for subsistence, lodging, and travel expenses under RCW 43.03.050 and 43.03.060.
(2) The role of the statewide advisory committee is to advise the commission and other agencies involved in development and operation of the program.
[ 2011 c 360 s 11.]


title: RCW 36.70A.750

text:
(1) Agricultural operators implementing an individual stewardship plan consistent with a work plan are presumed to be working toward the protection and enhancement of critical areas.
(2) If the watershed group determines that additional or different practices are needed to achieve the work plan's goals and benchmarks, the agricultural operator may not be required to implement those practices but may choose to implement the revised practices on a voluntary basis and is eligible for funding to revise the practices.
[ 2011 c 360 s 12.]

catchline: Agricultural operators—Individual stewardship plan.


title: RCW 36.70A.755

text:
In developing stewardship practices to implement the work plan, to the maximum extent practical the watershed group should:
(1) Avoid management practices that may have unintended adverse consequences for other habitats, species, and critical areas functions and values; and
(2) Administer the program in a manner that allows participants to be eligible for public or private environmental protection and enhancement incentives while protecting and enhancing critical area functions and values.
[ 2011 c 360 s 13.]

catchline: Implementing the work plan.


title: RCW 36.70A.760

text:
An agricultural operator participating in the program may withdraw from the program and is not required to continue voluntary measures after the expiration of an applicable contract. The watershed group must account for any loss of protection resulting from withdrawals when establishing goals and benchmarks for protection and a work plan under RCW 36.70A.720.
[ 2011 c 360 s 14.]

catchline: Agricultural operators—Withdrawal from program.


title: RCW 36.70A.800

text:
The growth strategies commission created by executive order shall:
(1) Analyze different methods for assuring that county and city comprehensive plans adopted under chapter 36.70A RCW are consistent with the planning goals under RCW 36.70A.020 and with other requirements of chapter 36.70A RCW;
(2) Recommend to the legislature and the governor by October 1, 1990, a specific structure or process that, among other things:
(a) Ensures county and city comprehensive plans adopted under chapter 36.70A RCW are coordinated and comply with planning goals and other requirements under chapter 36.70A RCW;
(b) Requires state agencies to comply with this chapter and to consider and be consistent with county and city comprehensive plans in actions by state agencies, including the location, financing, and expansion of transportation systems and other public facilities;
(c) Defines the state role in growth management;
(d) Addresses lands and resources of statewide significance, including to:
(i) Protect these lands and resources of statewide significance by developing standards for their preservation and protection and suggesting the appropriate structure to monitor and enforce the preservation of these lands and resources; and
(ii) Consider the environmental, economic, and social values of the lands and resources with statewide significance;
(e) Identifies potential state funds that may be withheld and incentives that promote county and city compliance with chapter 36.70A RCW;
(f) Increases affordable housing statewide and promotes linkages between land use and transportation;
(g) Addresses vesting of rights; and
(h) Addresses short subdivisions; and
(3) Develop recommendations to provide for the resolution of disputes over urban growth areas between counties and cities, including incorporations and annexations.
[ 1990 1st ex.s. c 17 s 86.]

catchline: Role of growth strategies commission.


title: RCW 36.70A.810

text:
(1) A city or county planning under RCW 36.70A.040 must allow for the following:
(a) For retrofits of existing buildings to be used for residential housing:
(i) The portion of exterior wall assemblies that includes insulation must be allowed to project up to an additional eight inches into the setbacks on all sides;
(ii) The building must be allowed to exceed the maximum allowable roof height by eight inches to accommodate additional insulation; and
(iii) Gross floor area must be measured from the interior face of the exterior walls, which includes drywall, as typically depicted on the architectural floor plans.
(b) For existing nonconforming buildings already projecting into setbacks, the portion of exterior wall assemblies that include insulation must be allowed to project up to an additional eight inches into the setbacks on all sides if the building is to be used for residential housing.
(2) Nothing in this section prohibits a city or county from applying the requirements of the state building code or requires a city or county to allow a setback of less than 36 inches between residential dwelling units.
[ 2025 c 139 s 1.]

catchline: Retrofits of existing buildings for residential housing—Nonconforming setbacks.


title: RCW 36.70A.812

text:
(1) For new construction or the retrofit of existing buildings meeting passive house requirements, a city or county planning under RCW 36.70A.040 must allow for the following:
(a) Any required setback must be measured to the outside face of the foundation, and the portion of exterior wall assemblies that include insulation must be allowed to project up to eight inches into setbacks on all sides;
(b) The building must be allowed to exceed the maximum allowable roof height by eight inches to accommodate additional insulation; and
(c) Gross floor area must be measured from the interior face of the exterior walls, which includes drywall, as typically depicted on the architectural floor plans.
(2) For the purposes of this section, "passive house requirements" means the criteria for certification as a passive house by Phius or the international passive house institute.
(3) Nothing in this section prohibits a city or county from applying the requirements of the state building code or requires a city or county to allow a setback of less than 36 inches between residential dwelling units.
[ 2025 c 139 s 2.]

catchline: Accommodation for passive house requirements.


title: RCW 36.70A.813

text:
(1) A city or county planning under RCW 36.70A.040 must allow a building to exceed any maximum allowable roof height limits by at least 48 inches to accommodate a roof-mounted solar energy panel.
(2) For purposes of this section, "solar energy panel" means a panel device or system or combination of panel devices or systems that relies on direct sunlight as an energy source, including a panel device or system or combination of panel devices or systems that collects sunlight for use in:
(a) The heating or cooling of a structure or building;
(b) The heating or pumping of water;
(c) Industrial, commercial, or agricultural processes; or
(d) The generation of electricity.
(3) Nothing in this section prohibits a city or county from applying the requirements of the state building code or requires a city or county to allow a setback of less than 36 inches between residential dwelling units.
[ 2025 c 139 s 5.]

catchline: Accommodation for roof-mounted solar energy panels.


title: RCW 36.70A.815

text:
(1) A city or county planning under RCW 36.70A.040 may not require façade modulation or upper-level setbacks as a condition of permitting the following types of residential projects:
(a) Affordable housing;
(b) New construction meeting passive house requirements;
(c) The retrofit of existing buildings meeting passive house requirements;
(d) The conversion of existing buildings to housing or mixed-use development that includes housing;
(e) Modular construction; or
(f) Mass timber construction.
(2) For the purposes of this section:
(a) "Façade modulation" means a change in building plane, either a recess or a projection, that changes the shape of the exterior massing of the building.
(b) "Mass timber construction" means a building with structural components primarily made of mass timber products as defined in RCW 19.27.570.
(c) "Modular construction" means a multistory residential or commercial building constructed of standardized components produced off-site, which are transported and assembled at a final location.
(d) "Passive house requirements" means the criteria for certification as a passive house by Phius or the international passive house institute.
(e) "Upper-level setback" means a required distance between the lot line and the building façade applied only to portions of the building above a specified height.
[ 2025 c 139 s 6.]

catchline: Façade modulation and upper-level setbacks on residential projects.