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(RCHARD Meeting Location: Phone (360) 874-5533
Meeting is being held via Zoom Email planning@portorchardwa.gov
www.portorchardwa.gov
Land Use Committee
Regular Meeting
Wednesday, May 20, 2026
4:45 PM
Remote Access
Zoom Webinar Public Link (not to be used by LU Committee):
https://us02web.zoom.us/I/81034433449
Dial -in: 1 253 215 8782
Webinar ID: 810 3443 3449
1. Call to Order
2. Welcome and Introduction
3. Discussion Items
(No Action to Be Taken.)
A. Survey Results Code Efficiency
B. Givens Park Master Plan Update
C. 2026 Legislative Session
1) HB 2266 Encouraging permanent supportive housing
2) HB 2418 Concerning permit review processes
3) HB 1859 Affordable housing on religious -owned properties
4. Next Land Use Committee Meeting
A. June and July Land Use Committee Schedule
5. Adjournment
Page 1 of 52
CERTIFICATION OF ENROLLMENT
ENGROSSED SUBSTITUTE HOUSE BILL 2266
Chapter 232, Laws of 2026
69th Legislature
2026 Regular Session
PERMANENT SUPPORTIVE HOUSING, TRANSITIONAL HOUSING, INDOOR EMERGENCY
HOUSING, AND INDOOR EMERGENCY SHELTERS -SITING AND PERMITTING
EFFECTIVE DATE: June 11, 2026
Passed by the House March 9, 2026
Yeas 56 Nays 39
LAURIE JINKINS
Speaker of the House of
Representatives
Passed by the Senate March 4, 2026
Yeas 29 Nays 20
DENNY HECK
President of the Senate
Approved March 27, 2026 11:22 AM
BOB FERGUSON
Governor of the State of Washington
CERTIFICATE
I, Bernard Dean, Chief Clerk of the
House of Representatives of the
State of Washington, do hereby
certify that the attached is
ENGROSSED SUBSTITUTE HOUSE BILL
2266 as passed by the House of
Representatives and the Senate on
the dates hereon set forth.
BERNARD DEAN
Chief Clerk
FILED
March 31, 2026
Secretary of State
State of Washington
Page 2 of 52
ENGROSSED SUBSTITUTE HOUSE BILL 2266
AS AMENDED BY THE SENATE
Passed Legislature - 2026 Regular Session
State of Washington 69th Legislature 2026 Regular Session
By House Housing (originally sponsored by Representatives Peterson,
Macri, Ryu, Parshley, Ramel, Scott, Mena, Reed, Obras, Fitzgibbon,
Street, Thomas, Taylor, Doglio, Gregerson, Ormsby, Goodman, Reeves,
Farivar, Fosse, Bergquist, Salahuddin, Hill, Pollet, and Wylie)
READ FIRST TIME 02/04/26.
1 AN ACT Relating to encouraging permanent supportive housing,
2 transitional housing, indoor emergency housing, and indoor emergency
3 shelters; amending RCW 35.21.683, 35A.21.430, and 36.130.020;
4 reenacting and amending RCW 36.70A.030; adding a new section to
5 chapter 36.70A RCW; and creating new sections.
6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
7 NEW SECTION. Sec. 1. The legislature finds that Washington
8 state faces an acute shortage of housing affordable to households at
9 all income levels, resulting in housing insecurity and a growing
10 number of people experiencing homelessness. The legislature further
11 finds that local regulatory barriers, inconsistent siting standards,
12 and discretionary review processes have constrained the timely
13 development of permanent supportive housing, transitional housing,
14 indoor emergency housing, and indoor emergency shelters. It is the
15 intent of the legislature to increase housing supply and advance fair
16 housing by requiring these housing types to be permitted in urban
17 areas on the same terms as other types of lodging and residential
18 development, subject only to objective and nondiscriminatory
19 development standards necessary to protect public health and safety.
20 By streamlining permitting processes and ensuring consistent
21 treatment across jurisdictions, the legislature intends to avoid
p. 1 ESHB 2266.SL
Page 3 of 52
1 unnecessary cost increases associated with delays and to facilitate
2 the prompt delivery of safe, dignified, and stable housing and to
3 support statewide efforts to address homelessness and the housing
4 crisis.
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NEW SECTION. Sec. 2. A new section is added to chapter 36.70A
RCW to read as follows:
(1)(a) A county or city planning under RCW 36.70A.040 must allow:
(i) Transitional housing or permanent supportive housing in any
zones within an urban growth area in which residential dwelling units
or hotels are allowed; and
(ii) Indoor emergency shelters and indoor emergency housing in
any zones within an urban growth area in which hotels are allowed.
Nothing in this subsection allows a county or city to limit indoor
emergency shelters and indoor emergency housing in a manner where the
capacity of indoor emergency shelters and indoor emergency housing is
insufficient to meet the projected needs identified under RCW
36.70A.070(2) (a) (ii). A county or city must allow indoor emergency
shelters and indoor emergency housing in additional types of zones
when necessary to meet projected needs identified in RCW
36.70A.070(2) (a) (ii) .
(b) A county or city may not require transitional housing,
permanent supportive housing, indoor emergency housing, and indoor
emergency shelters to be located in a zone within an urban growth
area zoned for industrial use.
(2) Except as provided in subsections (5) through (7) of this
section, a county or city may not require through development
regulations, ordinances, or legal agreements any standards,
conditions, or requirements for transitional housing, permanent
supportive housing, indoor emergency housing, and indoor emergency
shelters that are more restrictive than those required for other
types of lodging or residential development within the same zone, but
may apply any objective development regulations, including form -based
codes, that are required for lodging or residential development
including, but not limited to, density limits, dimensional standards,
height restrictions, floor area ratio, setback, lot coverage,
stormwater, clearing, and tree canopy and retention requirements.
(3) Except as provided in subsections (5) through (7) of this
section, a county or city shall only apply the same development
permit and environmental review processes to transitional housing,
p. 2 ESHB 2266.SL
Page 4 of 52
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permanent supportive housing, indoor emergency shelters, and indoor
emergency housing that apply to other types of lodging or residential
development within the same zone, unless otherwise required by state
law including, but not limited to, shoreline regulations under
chapter 90.58 RCW, building codes under chapter 19.27 RCW, energy
codes under chapter 19.27A RCW, or electrical codes under chapter
19.28 RCW.
(4) If applying design review for transitional housing, permanent
supportive housing, indoor emergency shelters, and indoor emergency
housing, only administrative design review may be required.
(5)(a) For an indoor emergency shelter or indoor emergency
housing, a county or city may require the sponsor or managing agency
to certify in writing that it has, between the date the permit
application was approved and the date the certificate of occupancy
was issued:
(i) Provided the name, if any, of the facility and the name and
headquarters address of the managing entity;
(ii) Provided a description of any other programs operating in
the building and copies of the applicable licenses and certifications
held by the program;
(iii) Notified residents within 500 feet of the indoor emergency
shelter or indoor emergency housing;
(iv) Conducted more than one community meeting;
(v) Designated at least one point of contact authorized to make
decisions and take corrective action in the case of an emergency, and
provided at least one telephone number to be used in emergencies; and
(vi) Provided documentation of the sponsor's or managing agency's
operational policies or procedures for:
(A) Promoting and addressing health and safety inside the
building and in areas immediately adjacent to the building;
(B) Admissions, including a description of the populations the
project will serve and potential sources of referral;
(C) Program exit or transfer;
(D) Handling complaints and grievances from occupants;
(E) Health, fire, safety, and occupancy; and
(F) Staffing to provide services and resources to the population
being served comparable to standard or customary practices for the
particular type of housing being provided. The staffing policy or
procedure may include, but is not limited to, the number of staff or
volunteers present during daytime and nighttime operations, staff or
p. 3
ESHB 2266.SL
Page 5 of 52
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volunteer training, and other processes to provide services and
resources to the populations being served.
(b) The written certification by the sponsor or managing entity
constitutes full compliance with (a) of this subsection. A county or
city may not require the sponsor or managing agency to provide
additional certifications outside of what is allowed under (a) of
this subsection (5) or to repeat or revise any of the items in (a)(i)
through (vi) of this subsection (5). Nothing in this subsection (b)
prohibits the sponsor or managing agency from voluntarily updating
any of the information submitted under (a) (i) through (vi) of this
subsection (5)
(6) Nothing in this section requires a city or county to approve
a permit application for permanent supportive housing, transitional
housing, indoor emergency housing, or indoor emergency shelters that
are proposed in a critical area in which no lodging or residential
development is permitted, an area of natural hazards that generally
prohibit lodging or residential development, or on agricultural,
forest, or mineral lands of long-term commercial significance.
(7)(a) Upon receipt of a permit application for an indoor
emergency shelter or indoor emergency housing with a proposed
location within 500 feet of walking distance from another indoor
emergency shelter or other indoor emergency housing, or within 500
feet of walking distance from the physical grounds of a public school
as defined in RCW 28A.150.010 or a private school approved by the
board of education under chapter 28A.195 RCW that existed before an
indoor emergency shelter or indoor emergency housing is in operation
or has submitted a permit application, the city in which the indoor
emergency shelter or indoor emergency housing is proposed, or the
county if the indoor emergency shelter or indoor emergency housing is
not proposed in a city, may enter into good faith negotiations with
the sponsor of the indoor emergency shelter or indoor emergency
housing to establish additional and reasonable requirements
pertaining to health and safety protocols.
(b) If the parties are unable to come to an agreement under (a)
of this subsection (7) within 180 days of the permit being submitted,
the county or city may deny the permit. If a permit is denied under
this subsection, the county or city must assist the sponsor in
identifying suitable properties to site the indoor emergency shelter
or indoor emergency housing.
p. 4
ESHB 2266.SL
Page 6 of 52
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(c) This subsection (7) does not apply to an indoor emergency
shelter or indoor emergency housing designated for individuals under
the age of 18, families, or victims of domestic violence.
(d) Nothing in this subsection (7) allows a county or city to
limit indoor emergency shelters or indoor emergency housing in a
manner where the capacity of indoor emergency shelters and indoor
emergency housing is insufficient to meet the projected needs
identified under RCW 36.70A.070(2)(a)(ii).
Sec. 3. RCW 35.21.683 and 2021 c 254 s 4 are each amended to
read as follows:
(1) (a) A city ((shall not prohibt transitional)) must allow:
JjjZ Transitional housing or permanent supportive housing in any
zones in which residential dwelling units or hotels are allowed((..
Effcctiyc Scptcmbcr 30, 2621, a city shallt prohibit indoor)); and
(ii) Indoor emergency shelters and indoor emergency housing in
any zones in which hotels are allowedN, cxccpt in suchr-eities that
hvc ad op eelan ordinancc authorizing indoor cmcrgcncy sti,cicess and
indoor c _cr Jcney housing in amajority -of zoncs within a enc mrlc
prey o transit. RReasonable—occupancy, —s c i n g d intcnsity of
use rcguircmcn} s may bc imposcd by ordinance en pc
housing, ' i indoor cmcrgcncy
y housing,rd indoor
c ___r Je__ey sh_l ers to pre�__r public heal tl., e f_}ly. Any sr}a-7_l.,
rcguircmcnts on occupancy, spacing, and intcnsity of usc may not
pr rt the siting of a suffie-ie nu- cr of permancnt
housing, transitional housing, indoor in or indoor
cmcrgcncy shelters ncccssary to ee to cach city's r tcd
nccd for such housing and shcltcr undcr ROW . ))_
Nothing in this subsection allows a county or city to limit indoor
emergency shelters and indoor emergency housing in a manner where the
capacity of indoor emergency shelters and indoor emergency housing is
insufficient to meet the projected needs identified under RCW
36.70A.070(2) (a) (ii). A county or city must allow indoor emergency
shelters and indoor emergency housing in additional types of zones
when necessary to meet projected needs identified in RCW
36.70A.070(2) (a) (ii)_
(bb) A city may not require transitional housing, permanent
supportive housing, indoor emergency housing, and indoor emergency
shelters to be located in a zone within an area zoned for industrial
use.
p. 5
ESHB 2266.SL
Page 7 of 52
1 (2) Except as provided in subsections (5) through (7) of this
2 section, a city may not require through development regulations,
3 ordinances, or legal agreements any development or operating
4 standards, conditions, or requirements for transitional housing,
5 permanent supportive housing, indoor emergency housing, and indoor
6 emergency shelters that are more restrictive than those required for
7 other types of lodging or residential development within the same
8 zone, but may apply any objective development regulations, including
9 form -based codes, that are required for lodging or residential
10 development including, but not limited to, density limits,
11 dimensional standards, height restrictions, floor area ratio,
12 setback, lot coverage, stormwater, clearing, and tree canopy and
13 retention requirements.
14 1Z Except as provided in subsections (5) through (7) of this
15 section, a county or city shall only apply the same development
16 permit and environmental review processes to transitional housing,
17 permanent supportive housing, indoor emergency shelters, and indoor
18 emergency housing that apply to other types of lodging or residential
19 development within the same zone, unless otherwise required by state
20 law including, but not limited to, shoreline regulations under
21 chapter 90.58 RCW, building codes under chapter 19.27 RCW, energy
22 codes under chapter 19.27A RCW, or electrical codes under chapter
23 19.28 RCW_
24 If applying design review for transitional housing, permanent
25 supportive housing, indoor emergency shelters, and indoor emergency
26 housing, only administrative design review may be required. For the
27 purposes of this subsection, "administrative design review" means a
28 development permit process whereby an application is reviewed,
29 approved, or denied by the planning director or the planning
30 director's designee based solely on objective design and development
31 standards without a public predecision hearing, unless such review is
32 otherwise required by state or federal law, or the structure is a
33 designated landmark or within a historic district established under a
34 local preservation ordinance. A city may approve requests for
35 variances from locally established design review standards.
36 (5)(a) For an indoor emergency shelter or indoor emergency
37 housing, a city may require the sponsor or managing agency to certify
38 in writing that it has, between the date the permit application was
39 approved and the date the certificate of occupancy was issued:
ESHB 2266.SL
Page 8 of 52
1 IIIProvided the name, if any, of the facility and the name and
2 headquarters address of the managing entity;
3 (ii) Provided a description of any other programs operating in
4 the building and copies of the applicable licenses and certifications
5 held by the program;
6 (iii) Notified residents within 500 feet of the indoor emergency
7 shelter or indoor emergency housing;
8 (iv)Conducted more than one community meeting;
9 jj Designated at least one point of contact authorized to make
10 decisions and take corrective action in the case of an emergency, and
11 provided at least one telephone number to be used in emergencies; and
12 (vi) Provided documentation of the sponsor's or managing agency's
13 operational policies or procedures for:
14 (AA) Promoting and addressing health and safety inside the
15 building and in areas immediately adjacent to the building;
16 Admissions, including a description of the populations the
17 project will serve and potential sources of referral;
18 j�Z_Program exit or transfer;
19 Jj_Handling complaints and grievances from occupants;
20 J_Health, fire, safety, and occupancy; and
21 Staffing to provide services and resources to the population
22 being served comparable to standard or customary practices for the
23 particular type of housing being provided. The staffing policy or
24 procedure may include, but is not limited to, the number of staff or
25 volunteers present during daytime and nighttime operations, staff or
26 volunteer training, and other processes to provide services and
27 resources to the populations being served.
28 (bb) The written certification by the sponsor or managing entity
29 constitutes full compliance with (a) of this subsection (5). A city
30 may not require the sponsor or managing agency to provide additional
31 certifications outside of what is allowed under (a) of this
32 subsection (5) or to repeat or revise any of the items in (a)(i)
33 through (vi) of this subsection (5). Nothing in this subsection (b)
34 prohibits the sponsor or managing agency from voluntarily updating
35 any of the information submitted under (a)(i) through (vi) of this
36 subsection II-
37 Jj Nothing in this section requires a city to approve a permit
38 application for permanent supportive housing, transitional housing,
39 indoor emergency housing, or indoor emergency shelters that are
40 proposed in a critical area in which no lodging or residential
p. 7 ESHB 2266.SL
Page 9 of 52
1 development is permitted, an area of natural hazards that generally
2 prohibit lodging or residential development, or on agricultural,
3 forest, or mineral lands of long-term commercial significance.
4 (7)(a) Upon receipt of a permit application for an indoor
5 emergency shelter or indoor emergency housing with a proposed
6 location within 500 feet of walking distance from another indoor
7 emergency shelter or other indoor emergency housing, or within 500
8 feet of walking distance from the physical grounds of a public school
9 as defined in RCW 28A.150.010 or a private school approved by the
10 board of education under chapter 28A.195 RCW that existed before an
11 indoor emergency shelter or indoor emergency housing is in operation
12 or has submitted a permit application, a city may enter into good
13 faith negotiations with the sponsor of the indoor emergency shelter
14 or indoor emergency housing to establish additional and reasonable
15 requirements pertaining to health and safety protocols.
16 jIf the parties are unable to come to an agreement under (a)
17 of this subsection within 180 days of the permit being submitted,
18 the city may deny the permit. If a permit is denied under this
19 subsection, the city must assist the sponsor in identifying suitable
20 properties to site the indoor emergency shelter or indoor emergency
21 housing.
22 This subsection (7) does not apply to an indoor emergency
23 shelter or indoor emergency housing designated for individuals under
24 the age of 18, families, or victims of domestic violence.
25 1Z_Nothing in this subsection (7) allows a city to limit indoor
26 emergency shelters or indoor emergency housing in a manner where the
27 capacity of indoor emergency shelters and indoor emergency housing is
28 insufficient to meet the projected needs identified under RCW
29 36.70A.070 (2) (a) (ii)_
30 For purposes of this section, "emergency housing," "emergency
31 shelter," "permanent supportive housing," and "transitional housing"
32 have the same meaning as in RCW 36.70A.030.
33 Sec. 4. RCW 35A.21.430 and 2021 c 254 s 3 are each amended to
34 read as follows:
35 (1) (a) A code city ((Ghall net prohibit transitional)) must
36 allow:
37 1Z Transitional housing or permanent supportive housing in any
38 zones in which residential dwelling units or hotels are allowed((.
p. 8 ESHB 2266.SL
Page 10 of 52
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Effective— cpelser 30, 202, a cock city shall not prohibit
indoor)); and
(ii) Indoor emergency shelters and indoor emergency housing in
any zones in which hotels are allowed((;
usercguircmcnts may bc imposcd by ordinancc on pc
housing, transitional housing, indoor cmcrgcncy housing, and indoor
c ___r Jc__cy shelters to pretcr public health d f_}ly. Any sr}--7ch
rcguircmcnts on occupancy, spacing, and intcnsity of usc may not
prevent the siting of a suffie-ie t numbcr of pc
hosing, transitional housing, indoor housing, or indoor
cmcrgcncy shcltcrs ncccssary to accoodatc—each cods citya
36.70A.070(2) (a)))) . Nothing in this subsection allows a county or
city to limit indoor emergency shelters and indoor emergency housing
in a manner where the capacity of indoor emergency shelters and
indoor emergency housing is insufficient to meet the projected needs
identified under RCW 36.70A.070(2) (a) (ii). A county or city must
allow indoor emergency shelters and indoor emergency housing in
additional types of zones when necessary to meet projected needs
identified in RCW 36.70A.070(2) (a) (ii) .
(bb) A code city may not require transitional housing, permanent
supportive housing, indoor emergencv housing, and indoor emeraenc
shelters to be located in a zone within an area zoned for industrial
use.
JJ_Except as provided in subsections (5) through (7) of this
section, a code city may not require through development regulations,
ordinances, or legal agreements any development or operating
standards, conditions, or requirements for transitional housing,
permanent supportive housing, indoor emergency housing, and indoor
emergency shelters that are more restrictive than those required for
other types of lodging or residential development within the same
zone, but may apply any objective development regulations, including
form -based codes, that are required for lodging or residential
development including, but not limited to, density limits,
dimensional standards, height restrictions, floor area ratio,
setback, lot coverage, stormwater, clearing, and tree canopv and
retention requirements.
p. 9
ESHB 2266.SL
Page 11 of 52
1 1Z Except as provided in subsections (5) through (7) of this
2 section, a code city shall only apply the same development permit and
3 environmental review processes to transitional housing, permanent
4 supportive housing, indoor emergency shelters, and indoor emergency
5 housing that apply to other types of lodging or residential
6 development within the same zone, unless otherwise required by state
7 law including, but not limited to, shoreline regulations under
8 chapter 90.58 RCW, building codes under chapter 19.27 RCW, energy
9 codes under chapter 19.27A RCW, or electrical codes under chapter
10 19.28 RCW_
11 (4) If applying design review for transitional housing, permanent
12 supportive housing, indoor emergency shelters, and indoor emergency
13 housing, only administrative design review may be required. For the
14 purposes of this subsection, "administrative design review" means a
15 development permit process whereby an application is reviewed,
16 approved, or denied by the planning director or the planning
17 director's designee based solely on objective design and development
18 standards without a public predecision hearing, unless such review is
19 otherwise required by state or federal law, or the structure is a
20 designated landmark or within a historic district established under a
21 local preservation ordinance. A city may approve requests for
22 variances from locally established design review standards.
23 (5)(a) For an indoor emergency shelter or indoor emergency
24 housing, a code city may require the sponsor or managing agency to
25 certify in writing that it has, between the date the permit
26 application was approved and the date the certificate of occupancy
27 was issued:
28 IiiProvided the name, if any, of the facility and the name and
29 headquarters address of the managing entity;
30(ii) Provided a description of any other programs operating in
31 the building and copies of the applicable licenses and certifications
32 held by the program;
33 (iii) Notified residents within 500 feet of the indoor emergency
34 shelter or indoor emergency housing;
35 iv Conducted more than one community meeting;
36 jj Designated at least one point of contact authorized to make
37 decisions and take corrective action in the case of an emergency, and
38 provided at least one telephone number to be used in emergencies; and
39 (vi) Provided documentation of the sponsor's or managing agency's
40 operational policies or procedures for:
p. 10 ESHB 2266.SL
Page 12 of 52
1 jjPromoting and addressing health and safety inside the
2 building and in areas immediately adjacent to the building;
3 Admissions, including a description of the populations the
4 project will serve and potential sources of referral;
5 JZ_Program exit or transfer;
6 JZ_Handling complaints and grievances from occupants;
7 J_Health, fire, safety, and occupancy; and
8 Staffing to provide services and resources to the population
9 being served comparable to standard or customary practices for the
10 particular type of housing being provided. The staffing policy or
11 procedure may include, but is not limited to, the number of staff or
12 volunteers present during daytime and nighttime operations, staff or
13 volunteer training, and other processes to provide services and
14 resources to the populations being served.
15 (bb) The written certification by the sponsor or managing entity
16 constitutes full compliance with (a) of this subsection (5). A code
17 city may not require the sponsor or managing agency to provide
18 additional certifications outside of what is allowed under (a) of
19 this subsection j_or to repeat or revise any of the items in (a)(i)
20 through (vi) of this subsection (5). Nothing in this subsection (b)
21 prohibits the sponsor or managing agency from voluntarily updating
22 any of the information submitted under (a) (i) through (vi) of this
23 subsection II-
24 Jj Nothing in this section requires a city to approve a permit
25 application for permanent supportive housing, transitional housing,
26 indoor emergency housing, or indoor emergency shelters that are
27 proposed in a critical area in which no lodging or residential
28 development is permitted, an area of natural hazards that generally
29 prohibit lodging or residential development, or on agricultural,
30 forest, or mineral lands of long-term commercial significance.
31 (7)(a) Upon receipt of a permit application for an indoor
32 emergency shelter or indoor emergency housing with a proposed
33 location within 500 feet of walking distance from another indoor
34 emergency shelter or other indoor emergency housing, or within 500
35 feet of walking distance from the physical grounds of a public school
36 as defined in RCW 28A.150.010 or a private school approved by the
37 board of education under chapter 28A.195 RCW that existed before an
38 indoor emergency shelter or indoor emergency housing is in operation
39 or has submitted a permit application, a code city may enter into
40 good faith negotiations with the sponsor of the indoor emergencv
P. 11 ESHB 2266.SL
Page 13 of 52
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shelter or indoor emergency housing to establish additional and
reasonable requirements pertaining to health and safety protocols.
jj_If the parties are unable to come to an agreement under (a)
of this subsection Sl within 180 days of the permit being submitted,
the code city may deny the permit. If a permit is denied under this
subsection, the city must assist the sponsor in identifying suitable
properties to site the indoor emergency shelter or indoor emergency
housing.
J�jThis subsection (7) does not apply to an indoor emergency
shelter or indoor emergency housing designated for individuals under
the age of 18, families, or victims of domestic violence.
1Z Nothing in this subsection (7) allows a code city to limit
indoor emergency shelters or indoor emergency housing in a manner
where the capacity of indoor emergency shelters and indoor emergency
housing is insufficient to meet the projected needs identified under
RCW 36.70A.070(2) (a) (ii)_
JJ_For purposes of this section, "emergency housing," "emergency
shelter," "permanent supportive housing," and "transitional housing"
have the same meaning as in RCW 36.70A.030.
Sec. 5. RCW 36.130.020 and 2008 c 118 s 3 are each amended to
read as follows:
(1) A city, county, or other local governmental entity or agency
may not adopt, impose, or enforce requirements on an affordable
housing development that are different than the requirements imposed
on housing developments generally.
(2) This section does not prohibit any city, county, or other
local governmental entity or agency from extending preferential
treatment to affordable housing developments intended for including,
but not limited to, occupancy by homeless persons, farmworkers,
persons with disabilities, senior citizens, or low-income households.
Preferential treatment may include, but is not limited to: A
reduction or waiver of fees or changes in applicable requirements
including, without limitation, architectural requirements, site
development requirements, property line requirements, building
setback requirements, or vehicle parking requirements; or other
treatment that reduces or is likely to reduce the development or
operating costs of an affordable housing development.
(3) A city, county, or other local governmental entity or agency
may impose and enforce income qualification, coordinated entry,
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reporting, and monitoring requirements on affordable housing
developments as conditions of loans, grants, financial support, tax
benefits, subsidy funds, or sale or lease of public property, or as
conditions to eligibility for any affordable housing incentive
program under RCW 36.70A.540 or any other program involving bonus
density, transfer of development rights, waiver of development
regulations or fees, or other development incentives.
(4) (a) A county or city may enter into a contract with a sponsor
proposing transitional housing, permanent supportive housing, an
indoor emergency shelter, or indoor emergency housing to establish
additional and reasonable operational requirements pertaining to
health and safety protocols.
(bb) Legal consideration for a contract entered into under this
subsection (4) on the part of the county or city must, at a minimum,
include:
A donation of real property or a long-term lease of land at
least 50 years in length, to be used for the transitional housing,
permanent supportive housing, indoor emergency shelter, or indoor
emergency housing; or
(ii) A significant contribution from the general fund for capital
or operating expenses to be mutually determined by both parties.
i A county or city that unilaterally withdraws from or modifies
the consideration specified in (b) of this subsection (4) is in
material breach of the contract and the operational requirements
specified in the contract no longer apply to the transitional
housing, permanent supportive housing, indoor emergency shelter, or
indoor emergency housing.
JA county or city may not construe a sponsor's refusal to
accept contract terms pertaining to the consideration specified in
jjjof this subsection (4) as a failure to meet any of the
requirements of other fund sources available for the capital or
operational support, or of those otherwise allowed in RCW 35.21.683
or 35A.21.430_or section 2 of this act.
j Nothing in this subsection requires a county or city to
enter into a contract under this subsection (4).
IfI_For purposes of this subsection (4), "emergency housing,"
"emergency shelter," "permanent supportive housing," and
"transitional housing" have the same meanings as in RCW 36.70A.030.
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Sec. 6. RCW 36.70A.030 and 2025 c 267 s 2 are each reenacted and
amended to read as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout this chapter.
(1) "Active transportation" means forms of pedestrian mobility
including walking or running, the use of a mobility assistive device
such as a wheelchair, bicycling and cycling irrespective of the
number of wheels, and the use of small personal devices such as foot
scooters or skateboards. Active transportation includes both
traditional and electric assist bicycles and other devices. Planning
for active transportation must consider and address accommodation
pursuant to the Americans with disabilities act and the distinct
needs of each form of active transportation.
(2) "Active transportation facilities" means facilities provided
for the safety and mobility of active transportation users including,
but not limited to, trails, as defined in RCW 47.30.005, sidewalks,
bike lanes, shared -use paths, and other facilities in the public
right-of-way.
(3) "Administrative design review" means a development permit
process whereby an application is reviewed, approved, or denied by
the planning director or the planning director's designee based
solely on objective design and development standards without a public
predecision hearing, unless such review is otherwise required by
state or federal law, or the structure is a designated landmark or
historic district established under a local preservation ordinance. A
city may utilize public meetings, hearings, or voluntary review
boards to consider, recommend, or approve requests for variances from
locally established design review standards.
(4) "Adopt a comprehensive land use plan" means to enact a new
comprehensive land use plan or to update an existing comprehensive
land use plan.
(5) "Affordable housing" means, unless the context clearly
indicates otherwise, residential housing whose monthly costs,
including utilities other than telephone, do not exceed 30 percent of
the monthly income of a household whose income is:
(a) For rental housing, 60 percent of the median household income
adjusted for household size, for the county where the household is
located, as reported by the United States department of housing and
urban development; or
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(b) For owner -occupied housing, 80 percent of the median
household income adjusted for household size, for the county where
the household is located, as reported by the United States department
of housing and urban development.
(6) "Agricultural land" means land primarily devoted to the
commercial production of horticultural, viticultural, floricultural,
dairy, apiary, vegetable, or animal products or of berries, grain,
hay, straw, turf, seed, Christmas trees not subject to the excise tax
imposed by RCW 84.33.100 through 84.33.140, finfish in upland
hatcheries, or livestock, and that has long-term commercial
significance for agricultural production.
(7) "Bus station area" means all lots that are:
(a) Fully within an urban growth area; and
(b) Fully or partially within one -quarter mile walking distance
of a stop on a fixed route bus system that is designated as a bus
rapid transit stop in the transit development plan as required in RCW
35.58.2795, for which an environmental determination has been issued
as required under chapter 43.21C RCW, and that features fixed transit
assets that indicate permanent, high capacity service including, but
not limited to, elevated platforms or enhanced stations, off -board
fare collection, dedicated lanes, busways, or transit signal
priority.
(8) "City" means any city or town, including a code city.
(9) "Comprehensive land use plan," "comprehensive plan," or
"plan" means a generalized coordinated land use policy statement of
the governing body of a county or city that is adopted pursuant to
this chapter.
(10) "Cottage housing" means residential units on a lot with a
common open space that either: (a) Is owned in common; or (b) has
units owned as condominium units with property owned in common and a
minimum of 20 percent of the lot size as open space.
(11) "Courtyard apartments" means attached dwelling units
arranged on two or three sides of a yard or court.
(12) "Critical areas" include the following areas and ecosystems:
(a) Wetlands; (b) areas with a critical recharging effect on aquifers
used for potable water; (c) fish and wildlife habitat conservation
areas; (d) frequently flooded areas; and (e) geologically hazardous
areas. "Fish and wildlife habitat conservation areas" does not
include such artificial features or constructs as irrigation delivery
systems, irrigation infrastructure, irrigation canals, or drainage
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ditches that lie within the boundaries of and are maintained by a
port district or an irrigation district or company.
(13) "Department" means the department of commerce.
(14) "Development regulations" or "regulation" means the controls
placed on development or land use activities by a county or city,
including, but not limited to, zoning ordinances, critical areas
ordinances, shoreline master programs, official controls, planned
unit development ordinances, subdivision ordinances, and binding site
plan ordinances together with any amendments thereto. A development
regulation does not include a decision to approve a project permit
application, as defined in ROW 36.70B.020, even though the decision
may be expressed in a resolution or ordinance of the legislative body
of the county or city.
(15) "Emergency housing" means temporary indoor accommodations
for individuals or families who are homeless or at imminent risk of
becoming homeless that is intended to address the basic health, food,
clothing, and personal hygiene needs of individuals or families.
Emergency housing may or may not require occupants to enter into a
lease or an occupancy agreement.
(16) "Emergency shelter" means a facility that provides a
temporary shelter for individuals or families who are currently
homeless. Emergency shelter may not require occupants to enter into a
lease or an occupancy agreement. Emergency shelter facilities may
include day and warming centers that do not provide overnight
accommodations.
(17) "Environmental justice" means the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to development,
implementation, and enforcement of environmental laws, regulations,
and policies. Environmental justice includes addressing
disproportionate environmental and health impacts in all laws, rules,
and policies with environmental impacts by prioritizing vulnerable
populations and overburdened communities and the equitable
distribution of resources and benefits.
(18) "Extremely low-income household" means a single person,
family, or unrelated persons living together whose adjusted income is
at or below 30 percent of the median household income adjusted for
household size, for the county where the household is located, as
reported by the United States department of housing and urban
development.
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(19) "Floor area ratio" means a measure of development intensity
equal to building square footage divided by the developable property
square footage. Developable property excludes public facilities and
portions of lots with critical areas and critical area buffers as
designated in RCW 36.70A.060, 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.
(20) "Forestland" means land primarily devoted to growing trees
for long-term commercial timber production on land that can be
economically and practically managed for such production, including
Christmas trees subject to the excise tax imposed under RCW 84.33.100
through 84.33.140, and that has long-term commercial significance. In
determining whether forestland is primarily devoted to growing trees
for long-term commercial timber production on land that can be
economically and practically managed for such production, the
following factors shall be considered: (a) The proximity of the land
to urban, suburban, and rural settlements; (b) surrounding parcel
size and the compatibility and intensity of adjacent and nearby land
uses; (c) long-term local economic conditions that affect the ability
to manage for timber production; and (d) the availability of public
facilities and services conducive to conversion of forestland to
other uses.
(21) "Freight rail dependent uses" means buildings and other
infrastructure that are used in the fabrication, processing, storage,
and transport of goods where the use is dependent on and makes use of
an adjacent short line railroad. Such facilities are both urban and
rural development for purposes of this chapter. "Freight rail
dependent uses" does not include buildings and other infrastructure
that are used in the fabrication, processing, storage, and transport
of coal, liquefied natural gas, or "crude oil" as defined in RCW
90.56.010.
(22) "Geologically hazardous areas" means areas that because of
their susceptibility to erosion, sliding, earthquake, or other
geological events, are not suited to the siting of commercial,
residential, or industrial development consistent with public health
or safety concerns.
(23) "Green infrastructure" means a wide array of natural assets
and built structures within an urban growth area boundary, including
parks and other areas with protected tree canopy, and management
practices at multiple scales that manage wet weather and that
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maintain and restore natural hydrology by storing, infiltrating,
evapotranspiring, and harvesting and using stormwater.
(24) "Green space" means an area of land, vegetated by natural
features such as grass, trees, or shrubs, within an urban context and
less than one acre in size that creates public value through one or
more of the following attributes:
(a) Is accessible to the public;
(b) Promotes physical and mental health of residents;
(c) Provides relief from the urban heat island effects;
(d) Promotes recreational and aesthetic values;
(e) Protects streams or water supply; or
(f) Preserves visual quality along highway, road, or street
corridors.
(25) "Long-term commercial significance" includes the growing
capacity, productivity, and soil composition of the land for long-
term commercial production, in consideration with the land's
proximity to population areas, and the possibility of more intense
uses of the land.
(26) "Low-income household" means a single person, family, or
unrelated persons living together whose adjusted income is at or
below 80 percent of the median household income adjusted for
household size, for the county where the household is located, as
reported by the United States department of housing and urban
development.
(27) "Major transit stop" means:
(a) A stop on a high capacity transportation system funded or
expanded under the provisions of chapter 81.104 ROW, except for any
stop that solely serves express bus service or serves express bus
service and other bus services not otherwise meeting the definition
of major transit stop;
(b) Commuter rail stops;
(c) Stops on rail or fixed guideway systems; or
(d) Stops on bus rapid transit routes, including those stops that
are under construction.
(28) "Middle housing" means buildings that are compatible in
scale, form, and character with single-family houses and contain two
or more attached, stacked, or clustered homes including duplexes,
triplexes, fourplexes, fiveplexes, sixplexes, townhouses, stacked
flats, courtyard apartments, and cottage housing.
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(29) "Minerals" include gravel, sand, and valuable metallic
substances.
(30) "Moderate -income household" means a single person, family,
or unrelated persons living together whose adjusted income is at or
below 120 percent of the median household income adjusted for
household size, for the county where the household is located, as
reported by the United States department of housing and urban
development.
(31) "Overburdened community" means a geographic area where
vulnerable populations face combined, multiple environmental harms
and health impacts, and includes, but is not limited to, highly
impacted communities as defined in RCW 19.405.020.
(32) "Per capita vehicle miles traveled" means the number of
miles traveled using cars and light trucks in a calendar year divided
by the number of residents in Washington. The calculation of this
value excludes vehicle miles driven conveying freight.
(33) "Permanent supportive housing" is subsidized, leased housing
with no limit on length of stay that prioritizes people who need
comprehensive support services to retain tenancy and utilizes
admissions practices designed to use lower barriers to entry than
would be typical for other subsidized or unsubsidized rental housing,
especially related to rental history, criminal history, and personal
behaviors. Permanent supportive housing is paired with on -site or
off -site voluntary services designed to support a person living with
a complex and disabling behavioral health or physical health
condition who was experiencing homelessness or was at imminent risk
of homelessness prior to moving into housing to retain their housing
and be a successful tenant in a housing arrangement, improve the
resident's health status, and connect the resident of the housing
with community -based health care, treatment, or employment services.
Permanent supportive housing is subject to all of the rights and
responsibilities defined in chapter 59.18 RCW.
(34) "Public facilities" include streets, roads, highways,
sidewalks, street and road lighting systems, traffic signals,
domestic water systems, storm and sanitary sewer systems, parks and
recreational facilities, and schools.
(35) "Public services" include fire protection and suppression,
law enforcement, public health, education, recreation, environmental
protection, and other governmental services.
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(36) "Rail station area" means all lots fully within an urban
growth area that are:
(a) Fully or partially within one-half mile walking distance of
an entrance to a train station with a stop on a light rail system, a
commuter rail stop in a city with a population greater than 15,000,
or a stop on a rail trolley operated west of the crest of the Cascade
mountains; or
(b) Fully or partially within one -quarter mile walking distance
of an entrance to a train station with a commuter rail stop in a city
with a population no greater than 15,000.
(37) "Recreational land" means land so designated under RCW
36.70A.1701 and that, immediately prior to this designation, was
designated as agricultural land of long-term commercial significance
under RCW 36.70A.170. Recreational land must have playing fields and
supporting facilities existing before July 1, 2004, for sports played
on grass playing fields.
(38) "Rural character" refers to the patterns of land use and
development established by a county in the rural element of its
comprehensive plan:
(a) In which open space, the natural landscape, and vegetation
predominate over the built environment;
(b) That foster traditional rural lifestyles, rural -based
economies, and opportunities to both live and work in rural areas;
(c) That provide visual landscapes that are traditionally found
in rural areas and communities;
(d) That are compatible with the use of the land by wildlife and
for fish and wildlife habitat;
(e) That reduce the inappropriate conversion of undeveloped land
into sprawling, low -density development;
(f) That generally do not require the extension of urban
governmental services; and
(g) That are consistent with the protection of natural surface
water flows and groundwater and surface water recharge and discharge
areas.
(39) "Rural development" refers to development outside the urban
growth area and outside agricultural, forest, and mineral resource
lands designated pursuant to RCW 36.70A.170. Rural development can
consist of a variety of uses and residential densities, including
clustered residential development, at levels that are consistent with
the preservation of rural character and the requirements of the rural
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element. Rural development does not refer to agriculture or forestry
activities that may be conducted in rural areas.
(40) "Rural governmental services" or "rural services" include
those public services and public facilities historically and
typically delivered at an intensity usually found in rural areas, and
may include domestic water systems and fire and police protection
services associated with rural development and normally not
associated with urban areas. Rural services do not include storm or
sanitary sewers, except as otherwise authorized by RCW 36.70A.110(4).
(41) "Short line railroad" means those railroad lines designated
class II or class III by the United States surface transportation
board.
(42) "Single-family zones" means those zones where single-family
detached housing is the predominant land use.
(43) "Stacked flat" means dwelling units in a residential
building of no more than three stories on a residential zoned lot in
which each floor may be separately rented or owned.
(44) "Station area" means a bus station area or a rail station
area.
(45) "Townhouses" means buildings that contain three or more
attached single-family dwelling units that extend from foundation to
roof and that have a yard or public way on not less than two sides.
(46) "Transitional housing" has the same meaning as in RCW
84.36.043_
(47) "Transportation system" means all infrastructure and
services for all forms of transportation within a geographical area,
irrespective of the responsible jurisdiction or transportation
provider.
(((47))) (48) "Urban governmental services" or "urban services"
include those public services and public facilities at an intensity
historically and typically provided in cities, specifically including
storm and sanitary sewer systems, domestic water systems, street
cleaning services, fire and police protection services, public
transit services, and other public utilities associated with urban
areas and normally not associated with rural areas.
(((48))) (49) "Urban growth" refers to growth that makes
intensive use of land for the location of buildings, structures, and
impermeable surfaces to such a degree as to be incompatible with the
primary use of land for the production of food, other agricultural
products, or fiber, or the extraction of mineral resources, rural
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uses, rural development, and natural resource lands designated
pursuant to RCW 36.70A.170. A pattern of more intensive rural
development, as provided in RCW 36.70A.070(5)(d), is not urban
growth. When allowed to spread over wide areas, urban growth
typically requires urban governmental services. "Characterized by
urban growth" refers to land having urban growth located on it, or to
land located in relationship to an area with urban growth on it as to
be appropriate for urban growth.
(((49))) (50) "Urban growth areas" means those areas designated
by a county pursuant to RCW 36.70A.110.
(((5&))) (51) "Very low-income household" means a single person,
family, or unrelated persons living together whose adjusted income is
at or below 50 percent of the median household income adjusted for
household size, for the county where the household is located, as
reported by the United States department of housing and urban
development.
(((51))) (52) (a) "Vulnerable populations" means population groups
that are more likely to be at higher risk for poor health outcomes in
response to environmental harms, due to: (i) Adverse socioeconomic
factors, such as unemployment, high housing and transportation costs
relative to income, limited access to nutritious food and adequate
health care, linguistic isolation, and other factors that negatively
affect health outcomes and increase vulnerability to the effects of
environmental harms; and (ii) sensitivity factors, such as low birth
weight and higher rates of hospitalization.
(b) "Vulnerable populations" includes, but is not limited to:
(i) Racial or ethnic minorities;
(ii) Low-income populations; and
(iii) Populations disproportionately impacted by environmental
harms.
(((52))) (53) "Wetland" or "wetlands" means areas that are
inundated or saturated by surface water or groundwater at a frequency
and duration sufficient to support, and that under normal
circumstances do support, a prevalence of vegetation typically
adapted for life in saturated soil conditions. Wetlands generally
include swamps, marshes, bogs, and similar areas. Wetlands do not
include those artificial wetlands intentionally created from
nonwetland sites, including, but not limited to, irrigation and
drainage ditches, grass -lined swales, canals, detention facilities,
wastewater treatment facilities, farm ponds, and landscape amenities,
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or those wetlands created after July
unintentionally created as a result of the
street, or highway. Wetlands may include t1
intentionally created from nonwetland areE
conversion of wetlands.
(((53))) (54) "Wildland urban interface"
area where structures and other human
intermingles with wildland vegetative fuels.
1, 1990, that were
construction of a road,
ose artificial wetlands
s created to mitigate
means the geographical
development meets or
NEW SECTION. Sec. 7. (1) A county or city subject to this act
shall adopt or amend by ordinance, and incorporate into its
development regulations, zoning regulations, and other official
controls, the requirements of this act within two years of the
effective date of this section or its next comprehensive plan update,
whichever occurs first. The requirements of this act supersede,
preempt, and invalidate any conflicting local regulations and apply
regardless of whether a county or city has incorporated the
requirements of this act into the county's or city's development
regulations, zoning regulations, and other official controls.
(2) This act does not apply to transitional housing, permanent
supportive housing, indoor emergency shelters, and indoor emergency
housing in operation on the effective date of this section. A county
or city may not deem transitional housing, permanent supportive
housing, indoor emergency shelters, and indoor emergency housing in
operation on the effective date of this section unlawful or
noncompliant due to the provisions of the act or due to ordinances,
regulations, or controls adopted or amended under subsection (1) of
this section.
Passed by the House March 9, 2026.
Passed by the Senate March 4, 2026.
Approved by the Governor March 27, 2026.
Filed in Office of Secretary of State March 31, 2026.
--- END ---
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CERTIFICATION OF ENROLLMENT
ENGROSSED SECOND SUBSTITUTE HOUSE BILL 2418
Chapter 235, Laws of 2026
69th Legislature
2026 Regular Session
PROJECT PERMITS -REVIEW PROCESS
EFFECTIVE DATE: June 11, 2026
Passed by the House March 11, 2026
Yeas 96 Nays 0
LAURIE JINKINS
Speaker of the House of
Representatives
Passed by the Senate March 4, 2026
Yeas 49 Nays 0
DENNY HECK
President of the Senate
Approved March 27, 2026 11:28 AM
BOB FERGUSON
Governor of the State of Washington
CERTIFICATE
I, Bernard Dean, Chief Clerk of the
House of Representatives of the
State of Washington, do hereby
certify that the attached is
ENGROSSED SECOND SUBSTITUTE HOUSE
BILL 2418 as passed by the House of
Representatives and the Senate on
the dates hereon set forth.
BERNARD DEAN
Chief Clerk
FILED
March 31, 2026
Secretary of State
State of Washington
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ENGROSSED SECOND SUBSTITUTE HOUSE BILL 2418
AS AMENDED BY THE SENATE
Passed Legislature - 2026 Regular Session
State of Washington 69th Legislature 2026 Regular Session
By House Appropriations (originally sponsored by Representatives
Duerr, Zahn, Parshley, Peterson, and Reed)
READ FIRST TIME 02/09/26.
1 AN
ACT
Relating to permit review processes;
amending
RCW
2 36.70B.020,
36.70B.070, 36.70B.080, and 36.70B.060;
reenacting
and
3 amending
RCW
36.70B.160; adding a new section to chapter 54.04
RCW;
4 adding a
new
section to chapter 43.21A RCW; adding a
new section
to
5 chapter
57.08
RCW; adding a new section to chapter
86.09 RCW;
and
6 adding a
new
section to chapter 43.21C RCW.
7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
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Sec. 1. RCW 36.70B.020 and 2025 c 102 s 1 are each amended to
read as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout this chapter.
(1) "Closed record appeal" means an administrative appeal on the
record to a local government body or officer, including the
legislative body, following an open record hearing on a project
permit application when the appeal is on the record with no or
limited new evidence or information allowed to be submitted and only
appeal argument allowed.
(2) "Development regulations" means the controls placed on
development or land use activities by a county or city including, but
not limited to, zoning ordinances, critical areas ordinances,
shoreline master programs, official controls, planned unit
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development ordinances, subdivision ordinances, and binding site plan
ordinances together with any amendments thereto. A development
regulation does not include a decision to approve a project permit
application, even though the decision may be expressed in a
resolution or ordinance of the legislative body of the county or
city.
(Z "Local government" means a county, city, or town.
(({3-)-)) I4JZ "Open record hearing" means a hearing, conducted by a
single hearing body or officer authorized by the local government to
conduct such hearings, that creates the local government's record
through testimony and submission of evidence and information, under
procedures prescribed by the local government by ordinance or
resolution. An open record hearing may be held prior to a local
government's decision on a project permit to be known as an "open
record predecision hearing." An open record hearing may be held on an
appeal, to be known as an "open record appeal hearing," if no open
record predecision hearing has been held on the project permit.
((+4+)) Li(a) "Project permit" or "project permit application"
means any land use or environmental permit or license required from a
local government for a project action, including but not limited to
subdivisions, binding site plans, planned unit developments,
conditional uses, shoreline substantial development permits, site
plan review, permits or approvals required by critical area
ordinances, site -specific rezones which do not require a
comprehensive plan amendment, but excluding the adoption or amendment
of a comprehensive plan, subarea plan, or development regulations
except as otherwise specifically included in this subsection.
(b) "Project permit" or "project permit application" does not
include ((bud)) permits issued based on compliance with state
and local building codes, or a special purpose district's or public
utility district's determination of service availability, system
capacity, infrastructure requirements, or review of proposed water,
sewer, or stormwater civil plans.
JjZ "Public meeting" means an informal meeting, hearing,
workshop, or other public gathering of people to obtain comments from
the public or other agencies on a proposed project permit prior to
the local government's decision. A public meeting may include, but is
not limited to, a design review or architectural control board
meeting, a special review district or community council meeting, or a
scoping meeting on a draft environmental impact statement. A public
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1 meeting does not include an open record hearing. The proceedings at a
2 public meeting may be recorded and a report or recommendation may be
3 included in the local government's project permit application file.
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Sec. 2. RCW 36.70B.070 and 2023 c 338 s 6 are each amended to
read as follows:
(1)(a) Within 28 days after receiving a project permit
application, a local government planning pursuant to RCW 36.70A.040
shall provide a written determination to the applicant.
(b) The written determination must state either:
(i) That the application is procedurally complete; or
(ii) That the application is procedurally incomplete and that the
procedural submission requirements of the local government have not
been met. The determination shall outline what is necessary to make
the application procedurally complete.
(c) The number of days shall be calculated by counting every
calendar day.
(d) To the extent known by the local government, the local
government shall identify other agencies of local, state, or federal
governments that may have jurisdiction over some aspect of the
application.
(2) A project permit application is procedurally complete for
purposes of this section when it meets the procedural submission
requirements of the local government, as outlined on the project
permit application. A determination of procedural completeness is not
a substantive review of the application and shall not be conditioned
on the adequacy, accuracy, or sufficiency of the information
submitted. Additional information or studies may be required or
project modifications may be undertaken subsequent to the procedural
review of the application by the local government. The determination
of completeness shall not preclude the local government from
requesting additional information or studies either at the time of
the notice of completeness or subsequently if new information is
required or substantial changes in the proposed action occur.
However, if the procedural submission requirements, as outlined on
the project permit application have been provided, the need for
additional information or studies may not preclude a completeness
determination.
(3) The determination of completeness may include or be combined
with the following:
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(a) A preliminary determination of those development regulations
that will be used for project mitigation;
(b) A preliminary determination of consistency, as provided under
RCW 36.70B.040;
(c) Other information the local government chooses to include; or
(d) The notice of application pursuant to the requirements in RCW
36.70B.110.
(4) (a) An application shall be deemed procedurally complete on
the 29th day after receiving a project permit application under this
section if the local government does not provide a written
determination to the applicant that the application is procedurally
incomplete as provided in subsection (1) (b) (ii) of this section. When
the local government does not provide a written determination, they
may still seek additional information or studies as provided for in
subsection (2) of this section.
(b) Within 14 days after an applicant has submitted to a local
government additional information identified by the local government
as being necessary for a complete application, the local government
shall notify the applicant whether the application is complete or
what additional information is necessary.
(c) The notice of application shall be provided within 14 days
after the determination of procedural completeness pursuant to RCW
36.70B.110.
Sec. 3. RCW 36.70B.080 and 2025 c 208 s 5 are each amended to
read as follows:
(1)(a) Development regulations adopted pursuant to RCW 36.70A.040
must establish and implement time periods for local government
actions for each type of project permit application and provide
timely and predictable procedures to determine whether a completed
project permit application meets the requirements of those
development regulations. Except for modifications by a jurisdiction
provided for in (e) of this subsection, the time periods for local
government actions for each type of complete project permit
application or project type may not exceed those specified in this
section.
(b) For project permits submitted after January 1, 2025, the
development regulations must, for each type of permit application,
specify the contents of a completed project permit application
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necessary for the complete compliance with the time periods and
procedures.
(c) A jurisdiction may exclude certain permit types and timelines
for processing project permit applications as provided for in RCW
36.70B.140.
(d) The time periods for local government action to issue a final
decision for each type of complete project permit application or
project type subject to this chapter should not exceed the following
time periods unless modified by the local government pursuant to this
section or RCW 36.70B.140:
(i) For project permits which do not require public notice under
RCW 36.70B.110, a local government must issue a final decision within
65 days of the determination of completeness under RCW 36.70B.070;
(ii) For project permits which require public notice under RCW
36.70B.110, a local government must issue a final decision within 100
days of the determination of completeness under RCW 36.70B.070; and
(iii) For project permits which require public notice under RCW
36.70B.110 and a public hearing, a local government must issue a
final decision within 170 days of the determination of completeness
under RCW 36.70B.070.
(e) A jurisdiction may modify the provisions in (d) of this
subsection to add permit types not identified, change the permit
names or types in each category, address how consolidated review time
periods may be different than permits submitted individually, and
provide for how projects of a certain size or type may be
differentiated, including by differentiating between permits that
include a residential land use as a principal use of the land and
permits that do not. Unless otherwise provided for the consolidated
review of more than one permit, the time period for a final decision
shall be the longest of the permit time periods identified in (d) of
this subsection or as amended by a local government.
(f) If a local government does not adopt an ordinance or
resolution modifying the provisions in (d) of this subsection, the
time periods in (d) of this subsection apply.
(g) The number of days an application is in review with the
county or city shall be calculated from the day completeness is
determined under RCW 36.70B.070 to the date a final decision is
issued on the project permit application. The number of days shall be
calculated by counting every calendar day and excluding the following
time periods:
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(i) Any period between the day that the county or city has
notified the applicant, in writing, that additional information is
required to further process the application, an applicable fee must
be paid, or a required notice must be posted, and the day when
responsive information is resubmitted by the applicant, the fee is
paid, or the notice is posted;
(ii) Any period after an applicant informs the local government,
in writing, that they would like to temporarily suspend review of the
project permit application until the time that the applicant notifies
the local government, in writing, that they would like to resume the
application. A local government may set conditions for the temporary
suspension of a permit application; (())
(iii) Any period that the local government has completed all
possible work on the application but must wait for necessary action
by a government entity subject to subsection or (3) of this
section;
iv Any period during which a draft or final environmental
impact statement is being prepared following a determination of
significance under chapter 43.21C RCW;
jj Any period between issuance of a final decision and the
expiration of the applicable administrative appeal period; and
vi Any period after an administrative appeal is filed until the
administrative appeal is resolved and any additional time period
provided by the administrative appeal has expired.
(h) The time periods for a local government to process a permit
shall start over if an applicant proposes a change in use that adds
or removes commercial or residential elements from the original
application that would make the application fail to meet the
determination of procedural completeness for the new use, as required
by the local government under RCW 36.70B.070.
(i) If, at any time, an applicant informs the local government,
in writing, that the applicant would like to temporarily suspend the
review of the project for more than 60 days, or if an applicant is
not responsive for more than 60 consecutive days after the county or
city has notified the applicant, in writing, that additional
information is required to further process the application, an
additional 30 days may be added to the time periods for local
government action to issue a final decision for each type of project
permit that is subject to this chapter. Any written notice from the
local government to the applicant that additional information is
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required to further process the application must include a notice
that nonresponsiveness for 60 consecutive days may result in 30 days
being added to the time for review. For the purposes of this
subsection, "nonresponsiveness" means that an applicant is not making
demonstrable progress on providing additional requested information
to the local government, or that there is no ongoing communication
from the applicant to the local government on the applicant's ability
or willingness to provide the additional information.
(j) Annual amendments to the comprehensive plan are not subject
to the requirements of this section.
(k) A county's or city's adoption of a resolution or ordinance to
implement this subsection shall not be subject to appeal under
chapter 36.70A RCW unless the resolution or ordinance modifies the
time periods provided in (d) of this subsection by providing for a
review period of more than 170 days for any project permit.
(1) (i) When permit time periods provided for in (d) of this
subsection, as may be amended by a local government, and as may be
extended as provided for in (i) of this subsection, are not met, a
portion of the permit fee must be refunded to the applicant as
provided in this subsection. A local government may provide for the
collection of only 80 percent of a permit fee initially, and for the
collection of the remaining balance if the permitting time periods
are met. The portion of the fee refunded for missing time periods
shall be:
(A) 10 percent if the final decision of the project permit
application was made after the applicable deadline but the period
from the passage of the deadline to the time of issuance of the final
decision did not exceed 20 percent of the original time period; or
(B) 20 percent if the period from the passage of the deadline to
the time of the issuance of the final decision exceeded 20 percent of
the original time period.
(ii) Except as provided in RCW 36.70B.160, the provisions in
((+-(+)-+)) 1)(i) of this subsection are not applicable to ((dice
and counties)) a local government which ((fie)) has implemented at
least three of the options in RCW 36.70B.160(1) (a) through (j) at
the time an application is deemed procedurally complete.
(2)jZ Any government entity other than a local government,
special purpose district, or public utility district, that imposes a
fee on an applicant for review of a project permit application, or a
portion thereof, related to a residential project must complete its
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1 review of the project permit application within the time periods
2 established in subsection (1)(d) of this section, unless the
3 applicant agrees in writing to waive the application of the time
4 period for review. Such a waiver may occur at any time prior to the
5 denial of the project permit application or the exhaustion of the
6 time period for review. If an applicant has agreed to waive the
7 application of the time period, then the provisions of this
8 subsection (2) do not apply to the review of the project permit
9 application.
10 jjjThe time that a government entity has taken to review a
11 project permit application must be determined as provided for in
12 subsection (1) (a) of this section, and is exclusive of the time that
13 a local government or other entity has taken to conduct its review of
14 its portion of the project permit application.
15 �Z A government entity that does not complete its review within
16 the required time periods must refund or forgo 20 percent of the fee
17 that it collected or would have collected for its review. A
18 government entity that does not collect a fee for its review of a
19 portion of a project permit application is not required to provide
20 any refund under this section.
21 (3)(a) When a local government requires a special purpose
22 district's or public utility district's determination in order to
23 complete review of a residential project permit application including
24 approval of a preliminary plat or other land division, the review
25 must be conducted as provided for in this subsection (3).
26 (b)(i)_A special purpose district's or public utility district's
27 review period begins when a local government provides a complete
28 referral to the district. A referral is complete if it includes civil
29 plans and supporting materials based on the district's adopted
30 engineering and design standards in effect on the date of the
31 referral, and when the referral includes all materials required to
32 constitute a complete application under the district's adopted
33 procedures.
34 (ii) Within 15 calendar days of receipt of the referral, the
35 district must notify the local government and applicant in writing if
36 the referral is incomplete and identify the additional information
37 required. If a referral is deemed incomplete, a district has an
38 additional 15 calendar days from the receipt of the requested
39 information to notify the local government and applicant in writing
40 if the referral is still incomplete and identify the additional
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1 information required. If the district does not provide notice within
2 15 calendar days of the initial referral or of the submission of
3 additional information, the referral is deemed complete for purposes
4 of this section.
5 (c) (U_For routine infrastructure extensions or connections that
6 do not require specialized engineering analysis or external
7 regulatory approval, the district shall issue its written technical
8 determination in the form of written comments within 45 business days
9 of its receipt of a complete referral. A written response may
10 include:
11 (AA) Confirmation of consistency with adopted engineering and
12 design standards;
13 J_Identification of revisions required to achieve compliance;
14 jZ Conditions of service or infrastructure improvements
15 authorized by law; or
16 Identification of capacity, regulatory, or system limitations
17 that preclude approval.
18 (ii)When a proposal involves complex infrastructure or requires
19 specialized engineering review, regulatory coordination, or third -
20 party technical consultation, the time review period for completing
21 the review or issuing a decision may be extended by up to 60 business
22 days over the time period provided for in (c)(i) of this subsection.
23 If a time period is extended in this way, the district must provide
24 written notice to the local government and applicant identifying the
25 basis for extended review and an estimated time frame for completion.
26 No review period may exceed a total of more than 120 calendar days,
27 exclusive of any excluded periods provided for in (d) of this
28 subsection. Complex infrastructure includes, but is not limited to:
29 (AA)_Sewage lift stations or pump stations;
30 Mechanical, electrical, hydraulic, or supervisory control and
31 data acquisition systems;
32 jZ Directional drilling, boring, or installation within state or
33 county rights -of -way;
34 Construction of new off -site capital facilities that are not
35 existing or previously approved for construction and that are
36 required to provide system capacity beyond a direct connection to
37 existing infrastructure;
38 J_System-wide hydraulic or capacity modeling;
39 J_Projects requiring specialty engineering consultation; and
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1 jZ Projects in critical aquifer protection areas, where
2 additional assessment is required.
3 (d)(i) The time periods that a district has been reviewing an
4 application under (c) of this subsection may not include any period
5 in which the district is awaiting:
6 j Approval or other authorization from a state or federal
7 agency;
8 Jj_Right-of-way permits from the state or a local government;
9 J_Franchise utility coordination or relocation approval;
10 Final land use conditions, site layout decisions, or building
11 design necessary to complete engineering review; or
12 J Any other approvals required by state or federal law that are
13 outside the authority of the district.
14 (ii)The review period also does not include any period in which
15 the district is awaiting revisions from the applicant in response to
16 written review comments from the district. The period excluded under
17 this subsection begins on the date the written comments are
18 transmitted to the applicant and ends on the date the district
19 receives revised materials that are responsive to those comments.
20 After an initial period is excluded under this subsection, subsequent
21 excluded periods are limited to those related to review comments
22 arising from revised materials and may not reopen issues previously
23 resolved unless required for public health, safety, or regulatory
24 compliance.
25 (iii) Nothing in this subsection (3) limits the authority of a
26 district to issue additional comments if revised materials introduce
27 new deficiencies or design changes.
28 e i If a district does not provide written comments within the
29 time periods established in (c) of this subsection, exclusive of any
30 periods excluded under (d) of this subsection, the district must
31 refund or forgo 20 percent of the fee that it collected or would have
32 collected for its review of the application.
33 (ii) Only that portion of the fee attributable to civil plan or
34 infrastructure review under this section is subject to a refund.
35 iii _A district's failure to complete review within the
36 applicable time period does not constitute approval of service.
37 fj_Nothing in this subsection Ill-
38 Jjj Expands or limits the substantive authority of a special
39 purpose district or public utility district;
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(ii)_Authorizes the imposition of requirements not otherwise
authorized by law;
(iii) —Creates a cause of action for damages; or
iv Requires provision of service that cannot be safely or
legally delivered.
(g) Districts subject to this section shall provide review
performance information to a local government that referred the
residential project permit application to the district if the local
government is required to create a performance report under
subsection (4 _of this section. The information must include:
_The date the referral was received;
(ii)_The date the referral was deemed complete;
(iii) Whether the referral was for an application eligible for an
extension of the initial time period as provided for in (c) (ii) of
this subsection;
(iv)_The date that written comments were issued; and
jj_Whether a refund was issued under (e) of this subsection.
IIL(a) Counties subject to the requirements of RCW 36.70A.215 and
the cities within those counties that have populations of at least
20,000 must, for each type of permit application, identify the total
number of project permit applications for which decisions are issued
according to the provisions of this chapter. For each type of project
permit application identified, these counties and cities must
establish and implement a deadline for issuing a notice of final
decision as required by subsection (1) of this section and minimum
requirements for applications to be deemed complete under RCW
36.70B.070 as required by subsection (1) of this section.
(b) Counties and cities subject to the requirements of this
subsection also must prepare an annual performance report that
includes information outlining time periods for certain permit types
associated with housing. The report must provide:
(i) Permit time periods for certain permit processes in the
county or city in relation to those established under this section,
including whether the county or city has established shorter time
periods than those provided in this section;
(ii) The total number of decisions issued during the year for the
following permit types: Preliminary subdivisions, final subdivisions,
binding site plans, permit processes associated with the approval of
multifamily housing, and construction plan review for each of these
permit types when submitted separately;
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(iii) The total number of decisions for each permit type which
included consolidated project permit review, such as concurrent
review of a rezone or construction plans;
(iv) The average number of days from a submittal to a decision
being issued for the project permit types listed in ((subsection
(2) (b) (ii) f bn]
�zthis �etre r}—�, this - -..- tom - ) ) (b) (ii) of
this subsection. This shall be calculated from the day completeness
is determined under RCW 36.70B.070 to the date a decision is issued
on the application. The number of days shall be calculated by
counting every calendar day;
(v) The total number of days each project permit application of a
type listed in ( (: c Lien (2) (�ri) of this section [ (b) ( of
this s bscction;) ) (b) (ii) of this subsection was in review with the
county or city. This shall be calculated from the day completeness is
determined under RCW 36.70B.070 to the date a final decision is
issued on the application. The number of days shall be calculated by
counting every calendar day. The days the application is in review
with the county or city does not include the time periods in
subsection (1)(g)(i) through (iii) of this section;
(vi) The total number of days that were excluded from the time
period calculation under subsection (1) (g) (i) through (iii) of this
section for each project permit application of a type listed in
( (s bsoctien (2) ri) of this section [ (b) of this
_,bscct-_n,)) (b)(ii)_of this subsection; and
vii Any information received from a special purpose district or
public utility district under subsection (3)(a) of this section.
(c) Counties and cities subject to the requirements of this
subsection must:
(i) Post the annual performance report through the county's or
city's website; and
(ii) Submit the annual performance report to the department of
commerce by March 1st each year.
(d) No later than July 1st each year, the department of commerce
shall publish a report which includes the annual performance report
data for each county and city subject to the requirements of this
subsection and a list of those counties and cities whose time periods
are shorter than those provided for in this section.
The annual report must also include key metrics and findings from
the information collected.
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(e) The initial annual report required under this subsection must
be submitted to the department of commerce by March 1, 2025, and must
include information from permitting in 2024.
(({3-)-)) 1Z Nothing in this section prohibits a county or city
from extending a deadline for issuing a decision for a specific
project permit application for any reasonable and certain period of
time specified and mutually agreed upon in writing by the applicant
and the local government. If an applicant has agreed to extend the
deadline for issuing a decision on a specific project permit
application, then the provisions of subsection (1) of this section do
not apply to the review of the project permit application. Such an
extension may occur at any time prior to the denial of the project
permit application or the exhaustion of the time period for review.
No local government may require or request an extension of an
applicable deadline for issuance of a decision for a specific project
permit application as a condition or an option at initial submission
of a project permit application.
Sec. 4. RCW 36.70B.060 and 1995 c 347 s 407 are each amended to
read as follows:
Not later than ((March 31, 1996)) June 30, 2027, each local
government planning under RCW 36.70A.040 shall establish by ordinance
or resolution an integrated and consolidated project permit process
that may be included in its development regulations. In addition to
the elements required by RCW 36.70B.050, the process shall include
the following elements:
(1) A determination of completeness to the applicant as required
by RCW 36.70B.070;
(2)(a) The designation of a permit responsible official for
project permit applications related to a residential project. This
official has the authority to make all final administrative decisions
on project permit applications related to residential projects
consistent with the procedural requirements of this chapter. If a
local government is also the lead agency responsible for the
environmental analysis and procedural requirements under chapter
43.21C RCW for the residential project, then the permit responsible
official must be designated as the responsible official under that
chapter.
jJjThe local government shall designate, for each project permit
application, a single point of contact, which may be a designated
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official, position, office, or functional unit of the local
government and may be identified by a publicly available telephone
number or electronic mail address for purposes of applicant
communication. The designation may vary by application. The
designated official, position, office, or functional unit must
coordinate with other departments and with other agencies or
government entities with permit review responsibilities as necessary
to ensure that a final decision on project permit applications is
issued within the applicable timeline under RCW 36.70B.080. The
designation of a single point of contact does not confer independent
final decision -making authority unless otherwise provided under local
ordinance;
Jj A notice of application to the public and agencies with
jurisdiction as required by RCW 36.70B.110;
(({3-)-)) LIZ Except as provided in RCW 36.70B.140, an optional
consolidated project permit review process as provided in RCW
36.70B.120. The review process shall provide for no more than one
consolidated open record hearing and one closed record appeal. If an
open record predecision hearing is provided prior to the decision on
a project permit, the process shall not allow a subsequent open
record appeal hearing;
(({4-)-)) ±J) Provision allowing for any public meeting or required
open record hearing to be combined with any public meeting or open
record hearing that may be held on the project by another local,
state, regional, federal, or other agency, in accordance with
provisions of RCW ((36.gGB .G rd)) 36.70B.110;
((-3-})) j A single report stating all the decisions made as of
the date of the report on all project permits included in the
consolidated permit process that do not require an open record
predecision hearing and any recommendations on project permits that
do not require an open record predecision hearing. The report shall
state any mitigation required or proposed under the development
regulations or the agency's authority under RCW 43.21C.060. The
report may be the local permit. If a threshold determination other
than a determination of significance has not been issued previously
by the local government, the report shall include or append this
determination;
((+6+)) I7J Except for the appeal of a determination of
significance as provided in RCW 43.21C.075, if a local government
elects to provide an appeal of its threshold determinations or
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project permit decisions, the local government shall provide for no
more than one consolidated open record hearing on such appeal. The
local government need not provide for any further appeal and may
provide an appeal for some but not all project permit decisions. If
an appeal is provided after the open record hearing, it shall be a
closed record appeal before a single decision -making body or officer;
((+7+)) LJZ A notice of decision as required by RCW 36.70B.130
and issued within the time period provided in RCW 36.70B.080 (&n-
36.70E.090i-
-(-8-)-_Oomplction of pro j cct rcvicw by thc local govcrnmcnt,
including cnvironmcntal rcvicw and public rcvicw and any appoals to
the local govcrnmcnt, within any applicabic—time- cried, undcr ROW
3G Inn nnn
���)); and
(9) Any other provisions not inconsistent with the requirements
of this chapter or chapter 43.21C RCW.
Sec. 5. RCW 36.70B.160 and 2023 c 338 s 8 and 2023 c 333 s 2 are
each reenacted and amended to read as follows:
(1) Each local government is encouraged to adopt further project
review and code provisions to provide prompt, coordinated, and
objective review and ensure accountability to applicants and the
public by:
(a) Expediting review for project permit applications for
projects that are consistent with adopted development regulations or
that include dwelling units that are affordable to low-income or
moderate -income households;
(b) Imposing reasonable fees, consistent with RCW 82.02.020, on
applicants for permits or other governmental approvals to cover the
cost to the city, town, county, or other municipal corporation of
processing applications, inspecting and reviewing plans, or preparing
detailed statements required by chapter 43.21C RCW. The fees imposed
may not include a fee for the cost of processing administrative
appeals. Nothing in this subsection limits the ability of a county or
city to impose a fee for the processing of administrative appeals as
otherwise authorized by law;
(c) Entering into an interlocal agreement with another
jurisdiction to share permitting staff and resources;
(d) Maintaining and budgeting for on -call permitting assistance
for when permit volumes or staffing levels change rapidly;
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(e) Having new positions budgeted that are contingent on
increased permit revenue;
(f) Adopting development regulations which only require public
hearings for permit applications that are required to have a public
hearing by statute;
(g) Adopting development regulations which make preapplication
meetings optional rather than a requirement of permit application
submittal;
(h) Adopting development regulations which make housing types an
outright permitted use in all zones where the housing type is
permitted;
(i) Adopting a program to allow for outside professionals with
appropriate professional licenses to certify components of
applications consistent with their license; or
(j) Meeting with the applicant to attempt to resolve outstanding
issues during the review process. The meeting must be scheduled
within 14 days of a second request for corrections during permit
review. If the meeting cannot resolve the issues and a local
government proceeds with a third request for additional information
or corrections, the local government must approve or deny the
application upon receiving the additional information or corrections.
(2)(a) After January 1, 2026, a county or city must adopt
additional measures under subsection (1) of this section at the time
of its next comprehensive plan update under RCW 36.70A.130 if it
meets the following conditions:
(i) The county or city has adopted at least three project review
and code provisions under subsection (1) of this section more than
five years prior; and
(ii) The county or city is not meeting the permitting deadlines
established in RCW 36.70B.080 at least half of the time over the
period since its most recent comprehensive plan update under RCW
36.7 0A. 130.
(b) A city or county that is required to adopt new measures under
(a) of this subsection but fails to do so becomes subject to the
provisions of RCW 36.70B.080(1)(1), notwithstanding RCW
36.70B.080(1) (1) (ii) .
(3) Nothing in this chapter is intended or shall be construed to
prevent a local government from requiring a preapplication conference
or a public meeting by rule, ordinance, or resolution, where
otherwise required by applicable state law.
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(4) Each local government shall adopt procedures to monitor and
enforce permit decisions and conditions.
(5) Nothing in this chapter modifies any independent statutory
authority for a government agency to appeal a project permit issued
by a local government.
(6) For the purposes of this section:
(a) A dwelling unit is affordable if it requires payment of
monthly housing costs, including utilities other than telephone, of
no more than 30 percent of the family's income.
(b) "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, and that is sold or rented separately from
other dwelling units.
(c) "Low-income household" means a single person, family, or
unrelated persons living together whose adjusted income is less than
80 percent of the median family income, adjusted for household size,
for the county where the household is located, as reported by the
United States department of housing and urban development, or less
than 80 percent of the city's median income if the project is located
in the city, the city has median income of more than 20 percent above
the county median income, and the city has adopted an alternative
local median income.
(d) "Moderate -income household" means a single person, family, or
unrelated persons living together whose adjusted income is at or
below 120 percent of the median household income, adjusted for
household size, for the county where the household is located, as
reported by the United States department of housing and urban
development, or less than 120 percent of the city's median income if
the project is located in the city, the city has median income of
more than 20 percent above the county median income, and the city has
adopted an alternative local median income.
NEW SECTION. Sec. 6. A new section is added to chapter 54.04
RCW to read as follows:
(1) Whenever a public utility district imposes a fee on an
applicant for the review of a project permit application related to a
residential project, the district must complete its review within the
time frames provided for in RCW 36.70B.080(3).
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(2) If a public utility district does not complete its review
within the required time frame, it must refund or forgo 20 percent of
the fee that it charged, or would have charged, the applicant for the
review. A district that does not collect a fee for its review of a
portion of a project permit application is not required to provide
any refund under this section.
(3) For the purposes of this section, "project permit" has the
same meaning as in RCW 36.70B.020.
NEW SECTION. Sec. 7. A new section is added to chapter 43.21A
RCW to read as follows:
(1) Whenever the department imposes a fee on an applicant for the
review of a project permit application related to a residential
project, the department must complete its review within the time
frames provided for a local government to issue a final decision in
RCW 36.70B.080(1) (d) . The time that a project permit application has
been under review must be calculated from the date that the
department receives the information necessary for it to begin its
review until the department has issued its final decision, and
excludes any time period that would be excluded from the calculation
of the time that a local government has been reviewing an application
under RCW 36.70E.080(1) (g)
(2) If the department does not complete its review within the
required time frame, it must refund or forgo 20 percent of the fee
that it charged, or would have charged, the applicant for the review.
If the department does not collect a fee for its review of a portion
of a project permit application, it is not required to provide any
refund under this section.
(3) For the purposes of this section, "project permit" has the
same meaning as in RCW 36.70B.020.
NEW SECTION. Sec. 8. A new section is added to chapter 57.08
RCW to read as follows:
(1) Whenever a district imposes a fee on an applicant for the
review of a project permit application related to a residential
project, the district must complete its review within the time frames
provided for in RCW 36.70B.080(3).
(2) If a district does not complete its review within the
required time frame, it must refund or forgo 20 percent of the fee
that it charged, or would have charged, the applicant for the review.
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A district that does not collect a fee for its review of a portion of
a project permit application is not required to provide any refund
under this section.
(3) For the purposes of this section, "project permit" has the
same meaning as in RCW 36.70B.020.
NEW SECTION. Sec. 9. A new section is added to chapter 86.09
RCW to read as follows:
(1) Whenever a district imposes a fee on an applicant for the
review of a project permit application related to a residential
project, the district must complete its review within the time frames
provided for in RCW 36.70B.080(3).
(2) If a district does not complete its review within the
required time frame, it must refund or forgo 20 percent of the fee
that it charged, or would have charged, the applicant for the review.
A district that does not collect a fee for its review of a portion of
a project permit application is not required to provide any refund
under this section.
(3) For the purposes of this section, "project permit" has the
same meaning as in RCW 36.70B.020.
NEW SECTION. Sec. 10. A new section is added to chapter 43.21C
RCW to read as follows:
If a county, city, or town has designated a permit responsible
official under RCW 36.70B.060 on a residential project permit
application, that official must also be designated as the responsible
official when the county, city, or town is the lead agency
responsible for complying with the requirements of this chapter
related to the application for the residential project.
Passed by the House March 11, 2026.
Passed by the Senate March 4, 2026.
Approved by the Governor March 27, 2026.
Filed in Office of Secretary of State March 31, 2026.
--- END ---
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CERTIFICATION OF ENROLLMENT
SECOND SUBSTITUTE HOUSE BILL 1859
Chapter 2, Laws of 2026
69th Legislature
2026 Regular Session
AFFORDABLE HOUSING DEVELOPMENT -PROPERTIES OWNED BY RELIGIOUS
ORGANIZATIONS
EFFECTIVE DATE: June 11, 2026
Passed by the House February 11, 2026
Yeas 94 Nays 1
LAURIE JINKINS
Speaker of the House of
Representatives
Passed by the Senate February 28,
2026
Yeas 48 Nays 1
DENNY HECK
President of the Senate
Approved March 9, 2026 9:10 AM
BOB FERGUSON
Governor of the State of Washington
CERTIFICATE
I, Bernard Dean, Chief Clerk of the
House of Representatives of the
State of Washington, do hereby
certify that the attached is SECOND
SUBSTITUTE HOUSE BILL 1859 as
passed by the House of
Representatives and the Senate on
the dates hereon set forth.
BERNARD DEAN
Chief Clerk
FILED
March 10, 2026
Secretary of State
State of Washington
Page 46 of 52
SECOND SUBSTITUTE HOUSE BILL 1859
Passed Legislature - 2026 Regular Session
State of Washington 69th Legislature 2026 Regular Session
By House Finance (originally sponsored by Representatives Salahuddin,
Peterson, Doglio, Parshley, Dufault, Leavitt, Reed, Gregerson, Nance,
Street, Obras, Ormsby, Hill, Timmons, Duerr, and Callan)
READ FIRST TIME 02/03/26.
1 AN ACT Relating to expanding opportunities for affordable housing
2 developments on properties owned by religious organizations; and
3 amending RCW 35.63.280, 35A.63.300, and 36.70A.545.
4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
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Sec. 1. RCW 35.63.280 and 2019 c 218 s 1 are each amended to
read as follows:
(1) A city planning under this chapter must allow an increased
density bonus consistent with local needs for any affordable housing
development of any single-family or multifamily residence located on
real property owned or controlled by a religious organization
provided that:
(a) ((fie)) (i) At least 50 percent of the affordable housing
development is set aside for or occupied exclusively by low-income
households; or
(ii) At least 20 percent of the affordable housing development is
set aside for or occupied exclusively by very low-income households;
(b) The affordable housing development is part of a lease or
other binding obligation that requires ((thc dcvclopmcnt to be uocd
excluoivcly for affordabic housing )) the affordability
requirements and other conditions in this subsection (1) to be
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maintained for at least ((may)) 50 years, even if the religious
organization no longer owns the property; and
(c) The affordable housing development does not discriminate
against any person who qualifies as a member of a low-income
household based on race, creed, color, national origin, sex, veteran
or military status, sexual orientation, or mental or physical
disability; or otherwise act in violation of the federal fair housing
amendments act of 1988 (42 U.S.C. Sec. 3601 et seq.).
(2) A city ((may)) must develop policies to implement this
section if it receives a request from a religious organization for an
increased density bonus for an affordable housing development. A city
may establish policies to require an affordable housing development
to set aside more residential dwelling units for low-income or very
low-income households than is required under subsection (1) of this
section to qualify for the increased density bonus.
(3) The religious organization or an entity leasing the property
for the purpose of developing the affordable housing development must
pay all fees, mitigation costs, and other charges required through
the development of the affordable housing development.
(4) If applicable, the religious organization developing the
affordable housing development should work with the local transit
agency to ensure appropriate transit services are provided to the
affordable housing development.
(5) This section applies to any religious organization
rehabilitating an existing affordable housing development.
(6) For purposes of this section:
(a) "Affordable housing development" means a proposed or existing
structure in which ((o c h„nEi )) 50 percent of all single-family or
multifamily residential dwelling units within the development are set
aside for or are occupied by low-income households ((at—a-al_e
or rcnt amountof exceed thirty pereent of thc ineomc limit
for elow —incomc houoin unit)) or 20 percent of all single-family
or multifamily residential dwelling units within the development are
set aside for or occupied by very low-income households, whose
monthly housing costs, including utilities other than telephone, do
not exceed 30 percent of the household's monthly income;
(b) "Low-income household" means a single person, family, or
unrelated persons living together whose adjusted income is ((fie
than cig ty)) at or below 80 percent of the median family income,
J - - 1
adjusted for household size, for the county where the affordable
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housing development is located, as reported by the United States
department of housing and urban development; (())
(c) "Religious organization" has the same meaning as in RCW
35.21.915; and
j "Very low-income household" means a single person, family, or
unrelated persons living together whose adjusted income is at or
below 50 percent of the median family income, adjusted for household
size, for the county where the affordable housing development is
located, as reported by the United States department of housing and
urban development.
Sec. 2. RCW 35A.63.300 and 2019 c 218 s 2 are each amended to
read as follows:
(1) A city planning under this chapter must allow an increased
density bonus consistent with local needs for any affordable housing
development of any single-family or multifamily residence located on
real property owned or controlled by a religious organization
provided that:
(a) ((ire)) (i) At least 50 percent of the affordable housing
development is set aside for or occupied exclusively by low-income
households; or
(ii) At least 20 percent of the affordable housing development is
set aside for or occupied exclusively by very low-income households;
(b) The affordable housing development is part of a lease or
other binding obligation that requires ((thc dcvclopmcnt to be uscd
exclusively for affordablc housing ) ) the affordability
requirements and other conditions in this subsection (1) to be
maintained for at least ((may)) 50 years, even if the religious
organization no longer owns the property; and
(c) The affordable housing development does not discriminate
against any person who qualifies as a member of a low-income
household based on race, creed, color, national origin, sex, veteran
or military status, sexual orientation, or mental or physical
disability; or otherwise act in violation of the federal fair housing
amendments act of 1988 (42 U.S.C. Sec. 3601 et seq.).
(2) A city ((may)) must develop policies to implement this
section if it receives a request from a religious organization for an
increased density bonus for an affordable housing development. A city
may establish policies to require an affordable housing development
to set aside more residential dwelling units for low-income or very
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low-income households than is required under subsection (1) of this
section to qualify for the increased density bonus.
(3) The religious organization or an entity leasing the property
for the purpose of developing the affordable housing development must
pay all fees, mitigation costs, and other charges required through
the development of the affordable housing development.
(4) If applicable, the religious organization developing the
affordable housing development should work with the local transit
agency to ensure appropriate transit services are provided to the
affordable housing development.
(5) This section applies to any religious organization
rehabilitating an existing affordable housing development.
(6) For purposes of this section:
(a) "Affordable housing development" means a proposed or existing
structure in which ((o c h„nel )) 50 percent of all single-family or
multifamily residential dwelling units within the development are set
aside for or are occupied by low-income households ((at—asa1cTpr-__
or rct amount that may not cxcccd thirty pereent of thc- neomc limit
for elow —ineeFfte heusin )) or 20 percent of all single-family
or multifamily residential dwelling units within the development are
set aside for or occupied by very low-income households, whose
monthly housing costs, including utilities other than telephone, do
not exceed 30 percent of the household's monthly income;
(b) "Low-income household" means a single person, family, or
unrelated persons living together whose adjusted income is ((less
than cig ty)) at or below 80 percent of the median family income,
J - - 1
adjusted for household size, for the county where the affordable
housing development is located, as reported by the United States
department of housing and urban development; (())
(c) "Religious organization" has the same meaning as in RCW
35A.21.360; and
j "Very low-income household" means a single person, family, or
unrelated persons living together whose adjusted income is at or
below 50 percent of the median family income, adjusted for household
size, for the county where the affordable housing development is
located, as reported by the United States department of housing and
urban development.
Sec. 3. RCW 36.70A.545 and 2019 c 218 s 3 are each amended to
read as follows:
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(1) Any city or county fully planning under this chapter must
allow an increased density bonus consistent with local needs for any
affordable housing development of any single-family or multifamily
residence located on real property owned or controlled by a religious
organization provided that:
(a) ((fie)) (i) At least 50 percent of the affordable housing
development is set aside for or occupied exclusively by low-income
households; or
(ii) At least 20 percent of the affordable housing development is
set aside for or occupied exclusively by very low-income households;
(b) The affordable housing development is part of a lease or
other binding obligation that requires ((thc dcvclopmcnt to be uocd
excluively for afferdablc hung ) ) the affordability
requirements and other conditions in this subsection (1) to be
maintained for at least ((may)) 50 years, even if the religious
organization no longer owns the property; and
(c) The affordable housing development does not discriminate
against any person who qualifies as a member of a low-income
household based on race, creed, color, national origin, sex, veteran
or military status, sexual orientation, or mental or physical
disability; or otherwise act in violation of the federal fair housing
amendments act of 1988 (42 U.S.C. Sec. 3601 et seq.).
(2) A city or county (()) must develop policies to implement
this section if it receives a request from a religious organization
for an increased density bonus for an affordable housing development.
A city or county may establish policies to require an affordable
housing development to set aside more residential dwelling units for
low-income or very low-income households than is required under
subsection (1) of this section to qualify for the increased density
bonus.
(3) An affordable housing development created by a religious
institution within a city or county fully planning under RCW
36.70A.040 must be located within an urban growth area as defined in
RCW 36.70A.110.
(4) The religious organization or an entity leasing the property
for the purpose of developing the affordable housing development must
pay all fees, mitigation costs, and other charges required through
the development of the affordable housing development.
(5) If applicable, the religious organization developing the
affordable housing development should work with the local transit
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agency to ensure appropriate transit services are provided to the
affordable housing development.
(6) This section applies to any religious organization
rehabilitating an existing affordable housing development.
(7) For purposes of this section:
(a) "Affordable housing development" means a proposed or existing
structure in which ((o c h„nEi )) 50 percent of all single-family or
multifamily residential dwelling units within the development are set
aside for or are occupied by low-income households ((at—a-c3a1cc3 pricc
or rct amount that may not exceed thirty pereent of thc- neomc limit
for elow —ineeffte hou3in )) or 20 percent of all single-family
or multifamily residential dwelling units within the development are
set aside for or occupied by very low-income households, whose
monthly housing costs, including utilities other than telephone, do
not exceed 30 percent of the household's monthly income;
(b) "Low-income household" means a single person, family, or
unrelated persons living together whose adjusted income is ((303e
than eighty)) at or below 80 percent of the median family income,
adjusted for household size, for the county where the affordable
housing development is located, as reported by the United States
department of housing and urban development; (())
(c) "Religious organization" has the same meaning as in ROW
36.01.290; and
j�flZ "Very low-income household" means a single person, family, or
unrelated persons living together whose adjusted income is at or
below 50 percent of the median family income, adjusted for household
size, for the county where the affordable housing development is
located, as reported by the United States department of housing and
urban development.
Passed by the House February 11, 2026.
Passed by the Senate February 28, 2026.
Approved by the Governor March 9, 2026.
Filed in Office of Secretary of State March 10, 2026.
--- END ---
I• •
2SHB 1859.SL
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