RCW 36.70A.635
Minimum residential density.
(1) Except as provided in subsection (4) of this section, any city that is required or chooses to plan under RCW 36.70A.040
must provide by ordinance and incorporate into its development regulations, zoning regulations, and other official controls, authorization for the following:
(a) For cities with a population of at least 25,000 but less than 75,000 based on office of financial management population estimates:
(i) The development of at least two units per lot on all lots zoned predominantly for residential use, unless zoning permitting higher densities or intensities applies;
(ii) The development of at least four units per lot on all lots zoned predominantly for residential use, unless zoning permitting higher densities or intensities applies, within one-quarter mile walking distance of a major transit stop; and
(iii) The development of at least four units per lot on all lots zoned predominantly for residential use, unless zoning permitting higher densities or intensities applies, if at least one unit is affordable housing.
(b) For cities with a population of at least 75,000 based on office of financial management population estimates:
(i) The development of at least four units per lot on all lots zoned predominantly for residential use, unless zoning permitting higher densities or intensities applies;
(ii) The development of at least six units per lot on all lots zoned predominantly for residential use, unless zoning permitting higher densities or intensities applies, within one-quarter mile walking distance of a major transit stop; and
(iii) The development of at least six units per lot on all lots zoned predominantly for residential use, unless zoning permitting higher densities or intensities applies, if at least two units are affordable housing.
(c) For cities with a population of less than 25,000, that are within a contiguous urban growth area with the largest city in a county with a population of more than 275,000, based on office of financial management population estimates the development of at least two units per lot on all lots zoned predominantly for residential use, unless zoning permitting higher densities or intensities applies.
(2)(a) To qualify for the additional units allowed under subsection (1) of this section, the applicant must commit to renting or selling the required number of units as affordable housing. The units must be maintained as affordable for a term of at least 50 years, and the property must satisfy that commitment and all required affordability and income eligibility conditions adopted by the local government under this chapter. A city must require the applicant to record a covenant or deed restriction that ensures the continuing rental of units subject to these affordability requirements consistent with the conditions in chapter
84.14
RCW for a period of no less than 50 years. The covenant or deed restriction must also address criteria and policies to maintain public benefit if the property is converted to a use other than which continues to provide for permanently affordable housing.
(b) The units dedicated as affordable must be provided in a range of sizes comparable to other units in the development. To the extent practicable, the number of bedrooms in affordable units must be in the same proportion as the number of bedrooms in units within the entire development. The affordable units must generally be distributed throughout the development and have substantially the same functionality as the other units in the development.
(c) If a city has enacted a program under RCW 36.70A.540, the terms of that program govern to the extent they vary from the requirements of this subsection.
(3) If a city has enacted a program under RCW 36.70A.540, subsection (1) of this section does not preclude the city from requiring any development, including development described in subsection (1) of this section, to provide affordable housing, either on-site or through an in-lieu payment, nor limit the city's ability to expand such a program or modify its requirements.
(4)(a) As an alternative to the density requirements in subsection (1) of this section, a city may implement the density requirements in subsection (1) of this section for at least 75 percent of lots in the city that are primarily dedicated to single-family detached housing units.
(b) The 25 percent of lots for which the requirements of subsection (1) of this section are not implemented must include but are not limited to:
(i) Any areas within the city for which the department has certified an extension of the implementation timelines under RCW 36.70A.637
due to the risk of displacement;
(ii) Any areas within the city for which the department has certified an extension of the implementation timelines under RCW 36.70A.638
due to a lack of infrastructure capacity;
(iii) Any lots, parcels, and tracts designated with critical areas or their buffers that are exempt from the density requirements as provided in subsection (8) of this section;
(iv) Any portion of a city within a one-mile radius of a commercial airport with at least 9,000,000 annual enplanements that is exempt from the parking requirements under subsection (7)(b) of this section; and
(v) Any areas subject to sea level rise, increased flooding, susceptible to wildfires, or geological hazards over the next 100 years.
(c) Unless identified as at higher risk of displacement under RCW 36.70A.070
(2)(g), the 25 percent of lots for which the requirements of subsection (1) of this section are not implemented may not include:
(i) Any areas for which the exclusion would further racially disparate impacts or result in zoning with a discriminatory effect;
(ii) Any areas within one-half mile walking distance of a major transit stop; or
(iii) Any areas historically covered by a covenant or deed restriction excluding racial minorities from owning property or living in the area, as known to the city at the time of each comprehensive plan update.
(5) A city subject to the requirements of subsection (1)(a) or (b) of this section must allow at least six of the nine types of middle housing to achieve the unit density required in subsection (1) of this section. A city may allow accessory dwelling units to achieve the unit density required in subsection (1) of this section. Cities are not required to allow accessory dwelling units or middle housing types beyond the density requirements in subsection (1) of this section. A city must also allow zero lot line short subdivision where the number of lots created is equal to the unit density required in subsection (1) of this section.
(6) Any city subject to the requirements of this section:
(a) If applying design review for middle housing, only administrative design review shall be required;
(b) Except as provided in (a) of this subsection, shall not require through development regulations any standards for middle housing that are more restrictive than those required for detached single-family residences, but may apply any objective development regulations that are required for detached single-family residences, including, but not limited to, set-back, lot coverage, stormwater, clearing, and tree canopy and retention requirements;
(c) Shall apply to middle housing the same development permit and environmental review processes that apply to detached single-family residences, unless otherwise required by state law including, but not limited to, shoreline regulations under chapter
90.58
RCW, building codes under chapter
19.27
RCW, energy codes under chapter
19.27A
RCW, or electrical codes under chapter
19.28
RCW;
(d) Shall not require off-street parking as a condition of permitting development of middle housing within one-half mile walking distance of a major transit stop;
(e) Shall not require more than one off-street parking space per unit as a condition of permitting development of middle housing on lots no greater than 6,000 square feet before any zero lot line subdivisions or lot splits;
(f) Shall not require more than two off-street parking spaces per unit as a condition of permitting development of middle housing on lots greater than 6,000 square feet before any zero lot line subdivisions or lot splits; and
(g) Are not required to achieve the per unit density under chapter 332, Laws of 2023 on lots after subdivision below 1,000 square feet unless the city chooses to enact smaller allowable lot sizes.
(7) The provisions of subsection (6)(d) through (f) of this section do not apply:
(a) If a local government submits to the department an empirical study prepared by a credentialed transportation or land use planning expert that clearly demonstrates, and the department finds and certifies, that the application of the parking limitations of subsection (6)(d) through (f) of this section for middle housing will be significantly less safe for vehicle drivers or passengers, pedestrians, or bicyclists than if the jurisdiction's parking requirements were applied to the same location for the same number of detached houses. The department must develop guidance to assist cities on items to include in the study; or
(b) To portions of cities within a one-mile radius of a commercial airport in Washington with at least 9,000,000 annual enplanements.
(8) The provisions of this section do not apply to:
(a) Portions of a lot, parcel, or tract designated with critical areas designated under RCW 36.70A.170
or their buffers as required by RCW 36.70A.170, except for critical aquifer recharge areas where a single-family detached house is an allowed use provided that any requirements to maintain aquifer recharge are met;
(b) Areas designated as sole-source aquifers by the United States environmental protection agency on islands in the Puget Sound;
(c) A watershed serving a reservoir for potable water if that watershed is or was listed, as of July 23, 2023, as impaired or threatened under section 303(d) of the federal clean water act (33 U.S.C. Sec. 1313(d));
(d) Lots that have been designated urban separators by countywide planning policies as of July 23, 2023; or
(e) A lot that was created through the splitting of a single residential lot pursuant to RCW 58.17.145
.
(9) Nothing in this section prohibits a city from permitting detached single-family residences.
(10) Nothing in this section requires a city to issue a building permit if other federal, state, and local requirements for a building permit are not met.
(11) A city must comply with the requirements of this section on the latter of:
(a) Its next periodic comprehensive plan update required under RCW 36.70A.130
if the city meets the population threshold based on the 2020 office of financial management population data; or
(b) 12 months after their next implementation progress report required under RCW 36.70A.130
after a determination by the office of financial management that the city has reached a population threshold established under this section.
(12) A city complying with this section and not granted a timeline extension under RCW 36.70A.638
does not have to update its capital facilities plan element required by RCW 36.70A.070
(3) to accommodate the increased housing required by chapter 332, Laws of 2023 until the first periodic comprehensive plan update required for the city under RCW 36.70A.130
(5) that occurs on or after June 30, 2034.
(13) Until June 30, 2026, for cities subject to a growth target adopted under RCW 36.70A.210
that limit the maximum residential capacity of the jurisdiction, any additional residential capacity required by this section for lots, parcels, and tracts with critical areas or critical area buffers outside of critical areas or their buffers may not be considered an inconsistency with the countywide planning policies, multicounty planning policies, or growth targets adopted under RCW 36.70A.210
.
[
2025 c 301 s 3
;
2025 c 148 s 3
;
2024 c 152 s 2
;
2023 c 332 s 3
.]
NOTES:
Reviser's note:
This section was amended by 2025 c 148 s 3 and by 2025 c 301 s 3, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025
(2). For rule of construction, see RCW 1.12.025
(1).
Findings
—
Intent
—
2025 c 301:
See note following RCW 58.17.145
.
Finding
—
2023 c 332:
"The legislature finds that Washington is facing an unprecedented housing crisis for its current population and a lack of housing choices, and is not likely to meet the affordability goals for future populations. In order to meet the goal of 1,000,000 new homes by 2044, and enhanced quality of life and environmental protection, innovative housing policies will need to be adopted.
Increasing housing options that are more affordable to various income levels is critical to achieving the state's housing goals, including those codified by the legislature under chapter 254, Laws of 2021.
There is continued need for the development of housing at all income levels, including middle housing that will provide a wider variety of housing options and configurations to allow Washingtonians to live near where they work.
Homes developed at higher densities are more affordable by design for Washington residents both in their construction and reduced household energy and transportation costs.
While creating more housing options, it is essential for cities to identify areas at higher risk of displacement and establish antidisplacement policies as required in Engrossed Second Substitute House Bill No. 1220 (chapter 254, Laws of 2021).
The state has made historic investments in subsidized affordable housing through the housing trust fund, yet even with these historic investments, the magnitude of the housing shortage requires both public and private investment.
In addition to addressing the housing shortage, allowing more housing options in areas already served by urban infrastructure will reduce the pressure to develop natural and working lands, support key strategies for climate change, food security, and Puget Sound recovery, and save taxpayers and ratepayers money." [
2023 c 332 s 1
.]
RCW 36.70A.636
Department technical assistance
—
Approval of alternative action.
(1)(a) The department is directed to provide technical assistance to cities as they implement the requirements under RCW 36.70A.635
.
(b) The department shall prioritize such technical assistance to cities demonstrating the greatest need.
(2)(a) The department shall publish model middle housing ordinances no later than six months following July 23, 2023.
(b) In any city subject to RCW 36.70A.635
that has not passed ordinances, regulations, or other official controls within the time frames provided under RCW 36.70A.635
(11), the model ordinance supersedes, preempts, and invalidates local development regulations until the city takes all actions necessary to implement RCW 36.70A.635
.
(3)(a) The department is directed to establish a process by which cities implementing the requirements of RCW 36.70A.635
may seek approval of alternative local action necessary to meet the requirements of chapter 332, Laws of 2023.
(b) The department may approve actions under this section for cities that have, by January 1, 2023, adopted a comprehensive plan that is substantially similar to the requirements of chapter 332, Laws of 2023 and have adopted, or within one year of July 23, 2023, adopts, permanent development regulations that are substantially similar to the requirements of chapter 332, Laws of 2023. In determining whether a city's adopted comprehensive plan and permanent development regulations are substantially similar, the department must find as substantially similar plans and regulations that:
(i) Result in an overall increase in housing units allowed in single-family zones that is at least 75 percent of the increase in housing units allowed in single-family zones if the specific provisions of chapter 332, Laws of 2023 were adopted;
(ii) Allow for middle housing throughout the city, rather than just in targeted locations; and
(iii) Allow for additional density near major transit stops, and for projects that incorporate dedicated affordable housing.
(c) The department may also approve actions under this section for cities that have, by January 1, 2023, adopted a comprehensive plan or development regulations that have significantly reduced or eliminated residentially zoned areas that are predominantly single family. The department must find that a city's actions are substantially similar to the requirements of chapter 332, Laws of 2023 if they have adopted, or within one year of July 23, 2023, adopts, permanent development regulations that:
(i) Result in an overall increase in housing units allowed in single-family zones that is at least 75 percent of the increase in housing units allowed in single-family zones if the specific provisions of chapter 332, Laws of 2023 were adopted;
(ii) Allow for middle housing throughout the city, rather than just in targeted locations; and
(iii) Allow for additional density near major transit stops, and for projects that incorporate dedicated affordable housing.
(d) The department may determine that a comprehensive plan and development regulations that do not meet these criteria are otherwise substantially similar to the requirements of chapter 332, Laws of 2023 if the city can clearly demonstrate that the regulations adopted will allow for a greater increase in middle housing production within single family zones than would be allowed through implementation of RCW 36.70A.635
.
(e) Any local actions approved by the department pursuant to (a) of this subsection to implement the requirements under RCW 36.70A.635
are exempt from appeals under this chapter and chapter
43.21C
RCW.
(f) The department's final decision to approve or reject actions by cities implementing RCW 36.70A.635
may be appealed to the growth management hearings board by filing a petition as provided in RCW 36.70A.290
.
(4) The department may issue guidance for local jurisdictions to ensure that the levels of middle housing zoning under chapter 332, Laws of 2023 can be integrated with the methods used by cities to calculate zoning densities and intensities in local zoning and development regulations.
[
2023 c 332 s 4
.]
NOTES:
Finding
—
2023 c 332:
See note following RCW 36.70A.635
.
RCW 36.70A.637
Extension for certain areas.
Any city choosing the alternative density requirements in RCW 36.70A.635
(4) may apply to the department for, and the department may certify, an extension for areas at risk of displacement as determined by the antidisplacement analysis that a jurisdiction is required to complete under RCW 36.70A.070
(2). The city must create a plan for implementing antidisplacement policies by their next implementation progress report required by RCW 36.70A.130
(9). The department may certify one further extension based on evidence of significant ongoing displacement risk in the impacted area.
[
2023 c 332 s 5
.]
NOTES:
Finding
—
2023 c 332:
See note following RCW 36.70A.635
.
RCW 36.70A.638
Extension for lack of infrastructure capacity.
(1) Any city choosing the alternative density requirements in RCW 36.70A.635
(4) may apply to the department for, and the department may certify, an extension of the implementation timelines established under RCW 36.70A.635
(11).
(2) An extension certified under this section may be applied only to specific areas where a city can demonstrate that water, sewer, stormwater, transportation infrastructure, including facilities and transit services, or fire protection services lack capacity to accommodate the density required in RCW 36.70A.635, and the city has:
(a) Included one or more improvements, as needed, within its capital facilities plan to adequately increase capacity; or
(b) Identified which special district is responsible for providing the necessary infrastructure if the infrastructure is provided by a special purpose district.
(3) If an extension of the implementation timelines is requested due to lack of water supply from the city or the purveyors who serve water within the city, the department's evaluation of the extension must be based on the applicable water system plans in effect and approved by the department of health. Water system plan updates initiated after July 23, 2023, must include consideration of water supply requirements for middle housing types.
(4) An extension granted under this section remains in effect until the earliest of:
(a) The infrastructure is improved to accommodate the capacity;
(b) The city's deadline to complete its next periodic comprehensive plan update under RCW 36.70A.130
; or
(c) The city's deadline to complete its implementation progress report to the department as required under RCW 36.70A.130
(9).
(5) A city that has received an extension under this section may reapply for any needed extension with its next periodic comprehensive plan update under RCW 36.70A.130
or its implementation progress report to the department under RCW 36.70A.130
(9). The application for an additional extension must include a list of infrastructure improvements necessary to meet the capacity required in RCW 36.70A.635
. Such additional extension must only be to address infrastructure deficiency that a city is not reasonably able to address within the first extension.
(6) The department may establish by rule any standards or procedures necessary to implement this section.
(7) The department must provide the legislature with a list of projects identified in a city's capital facilities plan that were the basis for the extension under this section, including planning level estimates. Additionally, the city must contact special purpose districts to identify additional projects associated with extensions under this section.
(8) A city granted an extension for a specific area must allow development as provided under RCW 36.70A.635
if the developer commits to providing the necessary water, sewer, or stormwater infrastructure.
(9) If an area zoned predominantly for residential use is currently served only by private wells, group B water systems or group A water systems with less than 50 connections, or a city or water providers within the city do not have an adequate water supply or available connections to serve the zoning increase required under RCW 36.70A.635, the city may limit the areas subject to the requirements under RCW 36.70A.635
to match current water availability. Nothing in chapter 332, Laws of 2023 affects or modifies the responsibilities of cities to plan for or provide urban governmental services as defined in RCW 36.70A.030
or affordable housing as required by RCW 36.70A.070
.
(10) No city shall approve a building permit for housing under RCW 36.70A.635
without compliance with the adequate water supply requirements of RCW 19.27.097
.
(11) If an area zoned predominantly for residential use is currently served only by on-site sewage systems, development may be limited to two units per lot, until either the landowner or local government provides sewer service or demonstrates a sewer system will serve the development at the time of construction. Nothing in chapter 332, Laws of 2023 affects or modifies the responsibilities of cities to plan for or provide urban governmental services as defined in RCW 36.70A.030
.
[
2023 c 332 s 7
.]
NOTES:
Finding
—
2023 c 332:
See note following RCW 36.70A.635
.
RCW 36.70A.639
Department rules.
The department of commerce may establish by rule any standards or procedures necessary to implement RCW 36.70A.030, 36.70A.280, 36.70A.635, 36.70A.636, 36.70A.637, and
36.70A.638
.
[
2023 c 332 s 14
.]
NOTES:
Finding
—
2023 c 332:
See note following RCW 36.70A.635
.
RCW 36.70A.680
Accessory dwelling units
—
Local regulation.
(1)(a) Cities and counties planning under this chapter must adopt or amend by ordinance, and incorporate into their development regulations, zoning regulations, and other official controls the requirements of this section and of RCW 36.70A.681, to take effect at the same time as the jurisdiction's next periodic comprehensive plan update required under RCW 36.70A.130
.
(b) In any city or county that has not adopted or amended ordinances, regulations, or other official controls as required under this section, the requirements of this section and RCW 36.70A.681
supersede, preempt, and invalidate any conflicting local development regulations.
(2) Ordinances, development regulations, and other official controls adopted or amended pursuant to this section and RCW 36.70A.681
must only apply in the portions of towns, cities, and counties that are within urban growth areas designated under this chapter.
(3) Any action taken by a city or county to comply with the requirements of this section or RCW 36.70A.681
is not subject to legal challenge under this chapter or chapter
43.21C
RCW.
(4) Nothing in this section or RCW 36.70A.681
requires or authorizes a city or county to authorize the construction of an accessory dwelling unit in a location where development is restricted under other laws, rules, or ordinances as a result of physical proximity to on-site sewage system infrastructure, critical areas, or other unsuitable physical characteristics of a property.
(5) Nothing in this section or in RCW 36.70A.681
prohibits a city or county from:
(a) Restricting the use of accessory dwelling units for short-term rentals;
(b) Applying public health, safety, building code, and environmental permitting requirements to an accessory dwelling unit that would be applicable to the principal unit, including regulations to protect ground and surface waters from on-site wastewater;
(c) Applying generally applicable development regulations to the construction of an accessory unit, except when the application of such regulations would be contrary to this section or to RCW 36.70A.681
;
(d) Prohibiting the construction of accessory dwelling units on lots that are not connected to or served by public sewers; or
(e) Prohibiting or restricting the construction of accessory dwelling units in residential zones with a density of one dwelling unit per acre or less that are within areas designated as wetlands, fish and wildlife habitats, flood plains, or geologically hazardous areas.
[
2025 c 148 s 4
;
2023 c 334 s 3
.]
NOTES:
Findings
—
Intent
—
2023 c 334:
"(1) The legislature makes the following findings:
(a) Washington state is experiencing a housing affordability crisis. Many communities across the state are in need of more housing for renters across the income spectrum.
(b) Many cities dedicate the majority of residentially zoned land to single detached houses that are increasingly financially out of reach for many households. Due to their smaller size, accessory dwelling units can provide a more affordable housing option in those single-family zones.
(c) Localities can start to correct for historic economic and racial exclusion in single-family zones by opening up these neighborhoods to more diverse housing types, including accessory dwelling units, that provide lower cost homes. Increasing housing options in expensive, high-opportunity neighborhoods will give more families access to schools, parks, and other public amenities otherwise accessible to only the wealthy.
(d) Accessory dwelling units are frequently rented below market rate, providing additional affordable housing options for renters.
(e) Accessory dwelling units can also help to provide housing for very low-income households. More than 10 percent of accessory dwelling units in some areas are occupied by tenants who pay no rent at all; among these tenants are grandparents, adult children, family members with disabilities, friends going through life transitions, and community members in need. Accessory dwelling units meet the needs of these people who might otherwise require subsidized housing space and resources.
(f) Accessory dwelling units can meet the needs of Washington's growing senior population, making it possible for this population to age in their communities by offering senior-friendly housing, which prioritizes physical accessibility, in walkable communities near amenities essential to successful aging in place, including transit and grocery stores, without requiring costly renovations of existing housing stock.
(g) Homeowners who add an accessory dwelling unit may benefit from added income and an increased sense of security.
(h) Accessory dwelling units provide environmental benefits. On average they are more energy efficient than single detached houses, and they incentivize adaptive reuse of existing homes and materials.
(i) Siting accessory dwelling units near transit hubs, employment centers, and public amenities can help to reduce greenhouse gas emissions by increasing walkability, shortening household commutes, and curtailing sprawl.
(2) The legislature intends to promote and encourage the creation of accessory dwelling units as a means to address the need for additional affordable housing options." [
2023 c 334 s 1
.]
RCW 36.70A.681
Accessory dwelling units
—
Limitations on local regulation.
(1) In addition to ordinances, development regulations, and other official controls adopted or amended to comply with this section and RCW 36.70A.680, a city or county must comply with all of the following policies:
(a) The city or county may not assess impact fees on the construction of accessory dwelling units that are greater than 50 percent of the impact fees that would be imposed on the principal unit;
(b) The city or county may not require the owner of a lot on which there is an accessory dwelling unit to reside in or occupy the accessory dwelling unit or another housing unit on the same lot;
(c) The city or county must allow at least two accessory dwelling units on all lots that are located in all zoning districts within an urban growth area that allow for single-family homes in the following configurations:
(i) One attached accessory dwelling unit and one detached accessory dwelling unit;
(ii) Two attached accessory dwelling units; or
(iii) Two detached accessory dwelling units, which may be comprised of either one or two detached structures;
(d) The city or county must permit accessory dwelling units in structures detached from the principal unit;
(e) The city or county must allow an accessory dwelling unit on any lot that meets the minimum lot size required for the principal unit;
(f) The city or county may not establish a maximum gross floor area requirement for accessory dwelling units that is less than 1,000 square feet;
(g) The city or county may not establish roof height limits on an accessory dwelling unit of less than 24 feet, unless the height limitation that applies to the principal unit is less than 24 feet, in which case a city or county may not impose roof height limitation on accessory dwelling units that is less than the height limitation that applies to the principal unit;
(h) A city or county may not impose setback requirements, yard coverage limits, tree retention mandates, restrictions on entry door locations, aesthetic requirements, or requirements for design review for accessory dwelling units that are more restrictive than those for principal units;
(i) A city or county must allow detached accessory dwelling units to be sited at a lot line if the lot line abuts a public alley, unless the city or county routinely plows snow on the public alley;
(j) A city or county must allow accessory dwelling units to be converted from existing structures, including but not limited to detached garages, even if they violate current code requirements for setbacks or lot coverage;
(k) A city or county may not prohibit the sale or other conveyance of a condominium unit independently of a principal unit solely on the grounds that the condominium unit was originally built as an accessory dwelling unit; and
(l) A city or county may not require public street improvements as a condition of permitting accessory dwelling units.
(2)(a) A city or county subject to the requirements of this section may not:
(i) Require off-street parking as a condition of permitting development of accessory dwelling units within one-half mile walking distance of a major transit stop;
(ii) Require more than one off-street parking space per unit as a condition of permitting development of accessory dwelling units on lots smaller than 6,000 square feet before any zero lot line subdivisions or lot splits; and
(iii) Require more than two off-street parking spaces per unit as a condition of permitting development of accessory dwelling units on lots greater than 6,000 square feet before any zero lot line subdivisions or lot splits.
(b) The provisions of (a) of this subsection do not apply:
(i) If a local government submits to the department an empirical study prepared by a credentialed transportation or land use planning expert that clearly demonstrates, and the department finds and certifies, that the application of the parking limitations of (a) of this subsection for accessory dwelling units will be significantly less safe for vehicle drivers or passengers, pedestrians, or bicyclists than if the jurisdiction's parking requirements were applied to the same location for the same number of detached houses. The department must develop guidance to assist cities and counties on items to include in the study; or
(ii) To portions of cities within a one mile radius of a commercial airport in Washington with at least 9,000,000 annual enplanements.
(3) When regulating accessory dwelling units, cities and counties may impose a limit of two accessory dwelling units, in addition to the principal unit, on a residential lot of 2,000 square feet or less.
(4) The provisions of this section do not apply to lots designated with critical areas or their buffers as designated in RCW 36.70A.060, or to a watershed serving a reservoir for potable water if that watershed is or was listed, as of July 23, 2023, as impaired or threatened under section 303(d) of the federal clean water act (33 U.S.C. Sec. 1313(d)).
[
2023 c 334 s 4
.]
NOTES:
Findings
—
Intent
—
2023 c 334:
See note following RCW 36.70A.680
.
RCW 36.70A.682
Accessory dwelling units
—
Department review of comprehensive plans.
(1) By December 31, 2023, the department must revise its recommendations for encouraging accessory dwelling units to include the provisions of RCW 36.70A.680
and
36.70A.681
.
(2) During each comprehensive plan review required by RCW 36.70A.130, the department must review local government comprehensive plans and development regulations for compliance with RCW 36.70A.680
and
36.70A.681
and the department's recommendations under subsection (1) of this section.
[
2023 c 334 s 8
.]
RCW 36.70A.683
Accessory dwelling units
—
Permit self-certification program
—
Forms
—
Audit.
(1) Cities planning under this chapter may, in compliance with the conditions set forth in subsection (2) of this section, operate a self-certification program to allow for registered architects as provided for in chapter
18.08
RCW to self-certify compliance with applicable building code requirements for the construction or development of one or more detached accessory dwelling units on a residential property. If a permit application has been self-certified, then the city reviewing the permit application may consider the application to be in compliance with applicable building code requirements without the need for additional review after determining that it is procedurally complete pursuant to RCW 36.70B.070
. A permit issued after a permit review that includes a self-certified component shall have the same effect as a permit issued after full project permit review under chapter
36.70B
RCW.
(2)(a) A city must adopt rules for its self-certification program. These rules must consist of, at a minimum:
(i) Any professional requirements, other than the registration required in subsection (1) of this section, that must be met in order for an architect to qualify for the self-certification program within the city;
(ii) Requirements for random audits of self-certified program permit applications, utilizing any randomization process the city deems appropriate, to ensure that submissions are satisfying applicable building code requirements, including that a minimum 20 percent of applications, or five applications, whichever is fewer, must be audited each calendar year in addition to any additional nonrandom audits the city deems necessary;
(iii) Penalties for project permits that fail an audit, including any appropriate financial penalties and a requirement that an architect who has submitted an application that has failed an audit be temporarily prohibited from participating in the self-certification program for a period of not less than one year and that the submission of a second application that fails an audit within five years of a preceding submission that failed an audit will result in a permanent prohibition on participation in the self-certification program, and provisions for administrative hearing procedures to resolve any disputes over the results of an audit or resulting penalties;
(iv) Requirements that architects participating in the program maintain an appropriate level of professional liability insurance coverage as determined by the city.
(b) A city may adopt any additional rules, and may exceed the minimum rules in this subsection, as the city deems appropriate.
(3) A city operating a self-certification program must create a self-certification form that includes, at a minimum:
(a) An attestation that the architect certifying the permit application will correct any false or inaccurate statements within the application as soon as they become known to the architect;
(b) An acknowledgment that participation in the program is conditional upon the accuracy of the architect's certification, and that discovery of inaccuracies, insufficiencies, or errors during an audit may result in suspension or termination from the self-certification program;
(c) An agreement, signed by the property owner, the owner or authorized representative of the company that will construct the accessory dwelling unit for which the permit has been submitted, and the certifying architect, to protect, defend, indemnify, and hold harmless the city for any claims or injuries connected with the design or construction of the accessory dwelling unit for which the self-certification program permit application was submitted, or for the issuance of a project permit pursuant to the self-certification program; and
(d) An acknowledgment from the property owner for whom the project permit is submitted that the property owner has authorized the architect to submit the self-certification project permit application and that the owner has the responsibility and obligation to correct, at the owner's expense, any nonconformities with the applicable building code requirements within a reasonable period after such nonconformities are discovered.
(4)(a) Cities utilizing a self-certification program must notify the department whenever any penalty is imposed on an architect because of a failed audit under this section.
(b) The department shall maintain a database that is accessible to cities of architects that are currently subject to penalties within a city because of a failed audit under this section. No city shall accept a self-certified project permit application from an architect that is currently subject to penalties because of a failed audit under this section in another city.
(5)(a) Any city operating a self-certification program shall submit a report on its program to the department by July 31, 2028. The report must include, at a minimum:
(i) The number of projects within the city for which a self-certification was submitted;
(ii) The number of such projects for which a permit was issued;
(iii) The average length of time, excluding any periods in which the city is awaiting additional information from an applicant, in which the applicant has requested that review of the application be suspended, or in which an administrative appeal is pending, from project permit submission for detached accessory dwelling units to the issuance of the project permit within the city for both self-certified project permit applications and nonself-certified project permit applications; and
(iv) The results of any audits of self-certified project permit applications undertaken by the jurisdiction.
(b) The department shall submit a report to the appropriate committees of the legislature by December 31, 2028, summarizing the information received from cities pursuant to (a) of this subsection.
(6) For the purposes of this section, "building code" means the state building code, the state energy code, and any local building, electrical, plumbing, mechanical, or fire codes. It does not include any utility connection requirements.
[
2025 c 22 s 1
.]
NOTES:
Construction
—
2025 c 22:
"Nothing in this act may be construed to affect the validity of any self-certification or similar program existing prior to the effective date of section 1 of this act." [
2025 c 22 s 2
.]
RCW 36.70A.690
On-site sewage system self-inspection.
This chapter does not preclude counties from authorizing inspections of on-site sewage systems to be conducted by a homeowner, a homeowner's family member, or a homeowner's tenant that has completed certification requirements specified by the county. Nothing in this section eliminates the requirement that counties protect water quality consistent with RCW 36.70A.070
(1) and (5).
[
2017 c 105 s 1
.]
RCW 36.70A.695
Development regulations
—
Jurisdictions specified
—
Electric vehicle infrastructure.
(1) By July 1, 2010, the development regulations of any jurisdiction:
(a) Adjacent to Interstate 5, Interstate 90, Interstate 405, or state route number 520, with a population over twenty thousand, and located in a county with a population over one million five hundred thousand; or
(b) Adjacent to Interstate 5 and located in a county with a population greater than six hundred thousand; or
(c) Adjacent to Interstate 5 and located in a county with a state capitol within its borders;
planning under this chapter must allow electric vehicle infrastructure as a use in all areas except those zoned for residential or resource use or critical areas. A jurisdiction may adopt and apply other development regulations that do not have the effect of precluding the siting of electric vehicle infrastructure in areas where that use is allowed.
(2) By July 1, 2011, or six months after the distribution required under RCW 43.31.970
occurs, whichever is later, the development regulations of any jurisdiction adjacent to Interstate 5, Interstate 90, Interstate 405, or state route number 520 planning under this chapter must allow electric vehicle infrastructure as a use in all areas except those zoned for residential or resource use or critical areas. A jurisdiction may adopt and apply other development regulations that do not have the effect of precluding the siting of electric vehicle infrastructure in areas where that use is allowed.
(3) By July 1, 2011, or six months after the distribution required under RCW 43.31.970
occurs, whichever is later, the development regulations of any jurisdiction planning under this chapter must allow battery charging stations as a use in all areas except those zoned for residential or resource use or critical areas. A jurisdiction may adopt and apply other development regulations that do not have the effect of precluding the siting of electric vehicle infrastructure in areas where that use is allowed.
(4) Cities are authorized to adopt incentive programs to encourage the retrofitting of existing structures with the electrical outlets capable of charging electric vehicles. Incentives may include bonus height, site coverage, floor area ratio, and transferable development rights for use in urban growth areas.
(5) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Battery charging station" means an electrical component assembly or cluster of component assemblies designed specifically to charge batteries within electric vehicles, which meet or exceed any standards, codes, and regulations set forth by chapter
19.28
RCW and consistent with rules adopted under RCW 19.27.540
.
(b) "Battery exchange station" means a fully automated facility that will enable an electric vehicle with a swappable battery to enter a drive lane and exchange the depleted battery with a fully charged battery through a fully automated process, which meets or exceeds any standards, codes, and regulations set forth by chapter
19.28
RCW and consistent with rules adopted under RCW 19.27.540
.
(c) "Electric vehicle infrastructure" means structures, machinery, and equipment necessary and integral to support an electric vehicle, including battery charging stations, rapid charging stations, and battery exchange stations.
(d) "Rapid charging station" means an industrial grade electrical outlet that allows for faster recharging of electric vehicle batteries through higher power levels, which meets or exceeds any standards, codes, and regulations set forth by chapter
19.28
RCW and consistent with rules adopted under RCW 19.27.540
.
(6) If federal funding for public investment in electric vehicles, electric vehicle infrastructure, or alternative fuel distribution infrastructure is not provided by February 1, 2010, subsection (1) of this section is null and void.
[
2009 c 459 s 12
.]
NOTES:
Finding
—
Purpose
—
2009 c 459:
See note following RCW 47.80.090
.
Regional transportation planning organizations
—
Electric vehicle infrastructure: RCW 47.80.090
.
RCW 36.70A.696
Accessory dwelling units
—
Definitions.
The definitions in this section apply throughout RCW 36.70A.697, 36.70A.698, 36.70A.680, and
36.70A.681
unless the context clearly requires otherwise.
(1) "Accessory dwelling unit" means a dwelling unit located on the same lot as a single-family housing unit, duplex, triplex, townhome, or other housing unit.
(2) "Attached accessory dwelling unit" means an accessory dwelling unit located within or attached to a single-family housing unit, duplex, triplex, townhome, or other housing unit.
(3) "City" means any city, code city, and town located in a county planning under RCW 36.70A.040
.
(4) "County" means any county planning under RCW 36.70A.040
.
(5) "Detached accessory dwelling unit" means an accessory dwelling unit that consists partly or entirely of a building that is separate and detached from a single-family housing unit, duplex, triplex, townhome, or other housing unit and is on the same property.
(6) "Dwelling unit" means a residential living unit that provides complete independent living facilities for one or more persons and that includes permanent provisions for living, sleeping, eating, cooking, and sanitation.
(7) "Gross floor area" means the interior habitable area of a dwelling unit including basements and attics but not including a garage or accessory structure.
(8) "Major transit stop" means:
(a) A stop on a high capacity transportation system funded or expanded under the provisions of chapter
81.104
RCW;
(b) Commuter rail stops;
(c) Stops on rail or fixed guideway systems, including transitways;
(d) Stops on bus rapid transit routes or routes that run on high occupancy vehicle lanes; or
(e) Stops for a bus or other transit mode providing actual fixed route service at intervals of at least fifteen minutes for at least five hours during the peak hours of operation on weekdays.
(9) "Owner" means any person who has at least 50 percent ownership in a property on which an accessory dwelling unit is located.
(10) "Principal unit" means the single-family housing unit, duplex, triplex, townhome, or other housing unit located on the same lot as an accessory dwelling unit.
(11) "Short-term rental" means a lodging use, that is not a hotel or motel or bed and breakfast, in which a dwelling unit, or portion thereof, is offered or provided to a guest by a short-term rental operator for a fee for fewer than 30 consecutive nights.
[
2023 c 334 s 2
;
2021 c 306 s 2
;
2020 c 217 s 2
.]
NOTES:
Findings
—
Intent
—
2023 c 334:
See note following RCW 36.70A.680
.
Findings
—
Intent
—
2020 c 217:
"(1) The legislature makes the following findings:
(a) Washington state is experiencing a housing affordability crisis. Many communities across the state are in need of more housing for renters, across the income spectrum. Accessory dwelling units are frequently rented at below market rate, providing additional affordable housing options for renters.
(b) Accessory dwelling units are often occupied by tenants who pay no rent at all; among these tenants are grandparents, adult children, family members with disabilities, friends going through life transitions, and community members in need. Accessory dwelling units meet the needs of these people who might otherwise require scarce subsidized housing space and resources.
(c) Accessory dwelling units can meet the needs of Washington's growing senior population, making it possible for this population to age in their communities by offering senior-friendly housing, which prioritizes physical accessibility, in walkable communities near amenities essential to successful aging in place, including transit and grocery stores, without requiring costly renovations of existing housing stock.
(d) Homeowners who add an accessory dwelling unit may benefit from added income and an increased sense of security.
(e) Siting accessory dwelling units near transit hubs and near public amenities can help to reduce greenhouse gas emissions by increasing walkability, shortening household commutes, and limiting sprawl.
(2) The legislature intends to promote and encourage the creation of accessory dwelling units as a means to address the need for additional affordable housing options." [
2020 c 217 s 1
.]
RCW 36.70A.697
Accessory dwelling units
—
Adoption of requirements.
(1) Cities must adopt or amend by ordinance, and incorporate into their development regulations, zoning regulations, and other official controls the requirements of RCW 36.70A.698
to take effect by July 1, 2021.
(2) Beginning July 1, 2021, the requirements of RCW 36.70A.698
:
(a) Apply and take effect in any city that has not adopted or amended ordinances, regulations, or other official controls as required under this section; and
(b) Supersede, preempt, and invalidate any local development regulations that conflict with RCW 36.70A.698
.
[
2020 c 217 s 3
.]
NOTES:
Findings
—
Intent
—
2020 c 217:
See note following RCW 36.70A.696
.
RCW 36.70A.698
Accessory dwelling units
—
Off-street parking
—
When prohibited.
(1) Except as provided in subsection[s] (2) and (3) of this section, through ordinances, development regulations, zoning regulations, and other official controls as required under RCW 36.70A.697, cities may not require the provision of off-street parking for accessory dwelling units within one-quarter mile of a major transit stop.
(2) A city may require the provision of off-street parking for an accessory dwelling unit located within one-quarter mile of a major transit stop if the city has determined that the accessory dwelling unit is in an area with a lack of access to street parking capacity, physical space impediments, or other reasons supported by evidence that would make on-street parking infeasible for the accessory dwelling unit.
(3) A city that has adopted or substantively amended accessory dwelling unit regulations within the four years previous to June 11, 2020, is not subject to the requirements of this section.
[
2020 c 217 s 4
.]
NOTES:
Findings
—
Intent
—
2020 c 217:
See note following RCW 36.70A.696
.
RCW 36.70A.699
Accessory dwelling units
—
Rights not modified.
(Effective until January 1, 2028.)
Nothing in chapter 217, Laws of 2020 modifies or limits any rights or interests legally recorded in the governing documents of associations subject to chapter
64.32, 64.34, 64.38, or
64.90
RCW.
[
2020 c 217 s 5
.]
NOTES:
Findings
—
Intent
—
2020 c 217:
See note following RCW 36.70A.696
.
PDF
RCW 36.70A.699
Accessory dwelling units
—
Rights not modified.
(Effective January 1, 2028.)
Nothing in chapter 217, Laws of 2020 modifies or limits any rights or interests legally recorded in the governing documents of associations subject to chapter
64.90
RCW.
[
2024 c 321 s 404
;
2020 c 217 s 5
.]
NOTES:
Effective dates
—
2024 c 321 ss 319 and 401-432:
See note following RCW 64.90.485
.
Findings
—
Intent
—
2020 c 217:
See note following RCW 36.70A.696
.
RCW 36.70A.700
Purpose
—
Intent
—
2011 c 360.
(1) The purpose of chapter 360, Laws of 2011 is to establish the voluntary stewardship program as recommended in the report submitted by the William D. Ruckelshaus Center to the legislature as required by chapter 353, Laws of 2007 and chapter 203, Laws of 2010.
(2) It is the intent of chapter 360, Laws of 2011 to:
(a) Promote plans to protect and enhance critical areas within the area where agricultural activities are conducted, while maintaining and improving the long-term viability of agriculture in the state of Washington and reducing the conversion of farmland to other uses;
(b) Focus and maximize voluntary incentive programs to encourage good riparian and ecosystem stewardship as an alternative to historic approaches used to protect critical areas;
(c) Rely upon RCW 36.70A.060
for the protection of critical areas for those counties that do not choose to participate in this program;
(d) Leverage existing resources by relying upon existing work and plans in counties and local watersheds, as well as existing state and federal programs to the maximum extent practicable to achieve program goals;
(e) Encourage and foster a spirit of cooperation and partnership among county, tribal, environmental, and agricultural interests to better assure the program success;
(f) Improve compliance with other laws designed to protect water quality and fish habitat; and
(g) Rely upon voluntary stewardship practices as the primary method of protecting critical areas and not require the cessation of agricultural activities.
[
2011 c 360 s 1
.]
RCW 36.70A.702
Construction.
Nothing in RCW 36.70A.700
through
36.70A.760
may be construed to:
(1) Interfere with or supplant the ability of any agricultural operator to work cooperatively with a conservation district or participate in state or federal conservation programs;
(2) Require an agricultural operator to discontinue agricultural activities legally existing before July 22, 2011;
(3) Prohibit the voluntary sale or leasing of land for conservation purposes, either in fee or as an easement;
(4) Grant counties or state agencies additional authority to regulate critical areas on lands used for agricultural activities; and
(5) Limit the authority of a state agency, local government, or landowner to carry out its obligations under any other federal, state, or local law.
[
2011 c 360 s 15
.]
RCW 36.70A.703
Definitions.
The definitions in this section apply to RCW 36.70A.700
through
36.70A.760
and RCW 36.70A.130
and
36.70A.280
unless the context clearly requires otherwise.
(1) "Agricultural activities" means all agricultural uses and practices as defined in RCW 90.58.065
.
(2) "Commission" means the state conservation commission as defined in RCW 89.08.030
.
(3) "Director" means the executive director of the state conservation commission.
(4) "Enhance" or "enhancement" means to improve the processes, structure, and functions existing, as of July 22, 2011, of ecosystems and habitats associated with critical areas.
(5) "Participating watershed" means a watershed identified by a county under RCW 36.70A.710
(1) to participate in the program.
(6) "Priority watershed" means a geographic area nominated by the county and designated by the commission.
(7) "Program" means the voluntary stewardship program established in RCW 36.70A.705
.
(8) "Protect" or "protecting" means to prevent the degradation of functions and values existing as of July 22, 2011.
(9) "Receipt of funding" means the date a county takes legislative action accepting any funds as required in RCW 36.70A.715
(1) to implement the program.
(10) "Statewide advisory committee" means the statewide advisory committee created in RCW 36.70A.745
.
(11) "Technical panel" means the directors or director designees of the following agencies: The department of fish and wildlife; the department of agriculture; the department of ecology; and the commission.
(12) "Watershed" means a water resource inventory area, salmon recovery planning area, or a subbasin as determined by a county.
(13) "Watershed group" means an entity designated by a county under the provisions of RCW 36.70A.715
.
(14) "Work plan" means a watershed work plan developed under the provisions of RCW 36.70A.720
.
[
2011 c 360 s 2
.]
RCW 36.70A.705
Voluntary stewardship program established
—
Administered by commission
—
Agency participation.
(1) The voluntary stewardship program is established to be administered by the commission. The program shall be designed to protect and enhance critical areas on lands used for agricultural activities through voluntary actions by agricultural operators.
(2) In administering the program, the commission must:
(a) Establish policies and procedures for implementing the program;
(b) Administer funding for counties to implement the program including, but not limited to, funding to develop strategies and incentive programs and to establish local guidelines for watershed stewardship programs;
(c) Administer the program's technical assistance funds and coordinate among state agencies and other entities for the implementation of the program;
(d) Establish a technical panel;
(e) In conjunction with the technical panel, review and evaluate: (i) Work plans submitted for approval under RCW 36.70A.720
(2)(a); and (ii) reports submitted under RCW 36.70A.720
(2)(b);
(f) Review and evaluate the program's success and effectiveness and make appropriate changes to policies and procedures for implementing the program, in consultation with the statewide advisory committee and other affected agencies;
(g) Designate priority watersheds based upon the recommendation of the statewide advisory committee. The commission and the statewide advisory committee may only consider watersheds nominated by counties under RCW 36.70A.710
. When designating priority watersheds, the commission and the statewide advisory committee shall consider the statewide significance of the criteria listed in RCW 36.70A.710
(3);
(h) Provide administrative support for the program's statewide advisory committee in its work. The administrative support must be in collaboration with the department of ecology and other agencies involved in the program;
(i) Maintain a website about the program that includes times, locations, and agenda information for meetings of the statewide advisory committee;
(j) Report to the legislature on the general status of program implementation by December 1, 2013, and December 1, 2015;
(k) In conjunction with the statewide advisory committee, conduct a review of the program beginning in 2017 and every five years thereafter, and report its findings to the legislature by December 1st; and
(l) Report to the appropriate committees of the legislature in the format provided in RCW 43.01.036
.
(3) The department shall assist counties participating in the program to develop plans and development regulations under RCW 36.70A.735
(1).
(4) The commission, department, department of agriculture, department of fish and wildlife, department of ecology, and other state agencies as directed by the governor shall:
(a) Cooperate and collaborate to implement the program; and
(b) Develop materials to assist local watershed groups in development of work plans.
(5) State agencies conducting new monitoring to implement the program in a watershed must focus on the goals and benchmarks of the work plan.
[
2011 c 360 s 3
.]
RCW 36.70A.710
Critical areas protection
—
Alternative to RCW 36.70A.060
—
County's responsibilities
—
Procedures.
(1)(a) As an alternative to protecting critical areas in areas used for agricultural activities through development regulations adopted under RCW 36.70A.060, the legislative authority of a county may elect to protect such critical areas through the program.
(b) In order to participate in the program, the legislative authority of a county must adopt an ordinance or resolution that:
(i) Elects to have the county participate in the program;
(ii) Identifies the watersheds that will participate in the program; and
(iii) Based on the criteria in subsection (4) of this section, nominates watersheds for consideration by the commission as state priority watersheds.
(2) Before adopting the ordinance or resolution under subsection (1) of this section, the county must (a) confer with tribes, and environmental and agricultural interests; and (b) provide notice following the public participation and notice provisions of RCW 36.70A.035
to property owners and other affected and interested individuals, tribes, government agencies, businesses, school districts, and organizations.
(3) In identifying watersheds to participate in the program, a county must consider:
(a) The role of farming within the watershed, including the number and acreage of farms, the economic value of crops and livestock, and the risk of the conversion of farmland;
(b) The overall likelihood of completing a successful program in the watershed; and
(c) Existing watershed programs, including those of other jurisdictions in which the watershed has territory.
(4) In identifying priority watersheds, a county must consider the following:
(a) The role of farming within the watershed, including the number and acreage of farms, the economic value of crops and livestock, and the risk of the conversion of farmland;
(b) The importance of salmonid resources in the watershed;
(c) An evaluation of the biological diversity of wildlife species and their habitats in the geographic region including their significance and vulnerability;
(d) The presence of leadership within the watershed that is representative and inclusive of the interests in the watershed;
(e) Integration of regional watershed strategies, including the availability of a data and scientific review structure related to all types of critical areas;
(f) The presence of a local watershed group that is willing and capable of overseeing a successful program, and that has the operational structures to administer the program effectively, including professional technical assistance staff, and monitoring and adaptive management structures; and
(g) The overall likelihood of completing a successful program in the watershed.
(5) Except as otherwise provided in subsection (9) of this section, beginning with the effective date of the ordinance or resolution adopted under subsection (1) of this section, the program applies to all unincorporated property upon which agricultural activities occur within a participating watershed.
(6)(a) Except as otherwise provided in (b) of this subsection, within two years after July 22, 2011, a county must review and, if necessary, revise development regulations adopted under this chapter to protect critical areas as they specifically apply to agricultural activities:
(i) If the county has not elected to participate in the program, for all unincorporated areas; or
(ii) If the county has elected to participate in the program, for any watershed not participating in the program.
(b) A county that between July 1, 2003, and June 30, 2007, in accordance with RCW 36.70A.130
completed the review of its development regulations as required by RCW 36.70A.130
to protect critical areas as they specifically apply to agricultural activities is not required to review and revise its development regulations until required by RCW 36.70A.130
.
(c) After the review and amendment required under (a) of this subsection, RCW 36.70A.130
applies to the subsequent review and amendment of development regulations adopted under this chapter to protect critical areas as they specifically apply to agricultural activities.
(7)(a) A county that has made the election under subsection (1) of this section may withdraw a participating watershed from the program by adopting an ordinance or resolution withdrawing the watershed from the program. A county may withdraw a watershed from the program at the end of three years, five years, or eight years after receipt of funding, or any time after ten years from receipt of funding.
(b) Within 18 months after withdrawing a participating watershed from the program, the county must review and, if necessary, revise its development regulations that protect critical areas in that watershed as they specifically apply to agricultural activities. The development regulations must protect the critical area functions and values as they existed on July 22, 2011. RCW 36.70A.130
applies to the subsequent review and amendment of development regulations adopted under this chapter to protect critical areas as they specifically apply to agricultural activities.
(8)(a) A county that has made the election under subsection (1) of this section is eligible for a share of the funding made available to implement the program, subject to funding availability from the state.
(b) A county that has made the election under subsection (1) of this section and after July 23, 2023, is eligible for a share of the funding made available to implement the program, subject to funding availability from the state.
(9)(a) A county that has made the election under subsection (1) of this section is not required to implement the program in a participating watershed until adequate funding for the program in that watershed is provided to the county.
(b) A county that has made the election under subsection (1) of this section and after July 23, 2023, is not required to implement the program in a participating watershed until adequate funding for the program in that watershed is provided to the county. The election under subsection (1) of this section may not take effect until new adequate funding for the program in that watershed is provided to the county.
[
2023 c 187 s 1
;
2011 c 360 s 4
.]
RCW 36.70A.715
Funding by commission
—
County's duties
—
Watershed group established.
(1) When the commission makes funds available to a county that has made the election provided in RCW 36.70A.710
(1), the county must within sixty days:
(a) Acknowledge the receipt of funds; and
(b) Designate a watershed group and an entity to administer funds for each watershed for which funding has been provided.
(2) A county must confer with tribes and interested stakeholders before designating or establishing a watershed group.
(3) The watershed group must include broad representation of key watershed stakeholders and, at a minimum, representatives of agricultural and environmental groups and tribes that agree to participate. The county should encourage existing lead entities, watershed planning units, or other integrating organizations to serve as the watershed group.
(4) The county may designate itself, a tribe, or another entity to coordinate the local watershed group.
[
2011 c 360 s 5
.]
RCW 36.70A.720
Watershed group's duties
—
Work plan
—
Conditional priority funding.
(1) A watershed group designated by a county under RCW 36.70A.715
must develop a work plan to protect critical areas while maintaining the viability of agriculture in the watershed. The work plan must include goals and benchmarks for the protection and enhancement of critical areas. In developing and implementing the work plan, the watershed group must:
(a) Review and incorporate applicable water quality, watershed management, farmland protection, and species recovery data and plans;
(b) Seek input from tribes, agencies, and stakeholders;
(c) Develop goals for participation by agricultural operators conducting commercial and noncommercial agricultural activities in the watershed necessary to meet the protection and enhancement benchmarks of the work plan;
(d) Ensure outreach and technical assistance is provided to agricultural operators in the watershed;
(e) Create measurable benchmarks that, within ten years after the receipt of funding, are designed to result in (i) the protection of critical area functions and values and (ii) the enhancement of critical area functions and values through voluntary, incentive-based measures;
(f) Designate the entity or entities that will provide technical assistance;
(g) Work with the entity providing technical assistance to ensure that individual stewardship plans contribute to the goals and benchmarks of the work plan;
(h) Incorporate into the work plan any existing development regulations relied upon to achieve the goals and benchmarks for protection;
(i) Establish baseline monitoring for: (i) Participation activities and implementation of the voluntary stewardship plans and projects; (ii) stewardship activities; and (iii) the effects on critical areas and agriculture relevant to the protection and enhancement benchmarks developed for the watershed;
(j) Conduct periodic evaluations, institute adaptive management, and provide a written report of the status of plans and accomplishments to the county and to the commission within sixty days after the end of each biennium;
(k) Assist state agencies in their monitoring programs; and
(l) Satisfy any other reporting requirements of the program.
(2)(a) The watershed group shall develop and submit the work plan to the director for approval as provided in RCW 36.70A.725
.
(b)(i) Not later than five years after the receipt of funding for a participating watershed, the watershed group must report to the director and the county on whether it has met the work plan's protection and enhancement goals and benchmarks.
(ii) If the watershed group determines the protection goals and benchmarks have been met, and the director concurs under RCW 36.70A.730, the watershed group shall continue to implement the work plan.
(iii) If the watershed group determines the protection goals and benchmarks have not been met, it must propose and submit to the director an adaptive management plan to achieve the goals and benchmarks that were not met. If the director does not approve the adaptive management plan under RCW 36.70A.730, the watershed is subject to RCW 36.70A.735
.
(iv) If the watershed group determines the enhancement goals and benchmarks have not been met, the watershed group must determine what additional voluntary actions are needed to meet the benchmarks, identify the funding necessary to implement these actions, and implement these actions when funding is provided.
(c)(i) Not later than ten years after receipt of funding for a participating watershed, and every five years thereafter, the watershed group must report to the director and the county on whether it has met the protection and enhancement goals and benchmarks of the work plan.
(ii) If the watershed group determines the protection goals and benchmarks have been met, and the director concurs under RCW 36.70A.730, the watershed group shall continue to implement the work plan.
(iii) If the watershed group determines the protection goals and benchmarks have not been met, the watershed is subject to RCW 36.70A.735
.
(iv) If the watershed group determines the enhancement goals and benchmarks have not been met, the watershed group must determine what additional voluntary actions are needed to meet the benchmarks, identify the funding necessary to implement these actions, and implement these actions when funding is provided.
(3) Following approval of a work plan, a county or watershed group may request a state or federal agency to focus existing enforcement authority in that participating watershed, if the action will facilitate progress toward achieving work plan protection goals and benchmarks.
(4) The commission may provide priority funding to any watershed designated under the provisions of RCW 36.70A.705
(2)(g). The director, in consultation with the statewide advisory committee, shall work with the watershed group to develop an accelerated implementation schedule for watersheds that receive priority funding.
(5) Commercial and noncommercial agricultural operators participating in the program are eligible to receive funding and assistance under watershed programs.
[
2011 c 360 s 6
.]
RCW 36.70A.725
Technical review of work plan
—
Time frame for action by director.
(1) Upon receipt of a work plan submitted to the director under RCW 36.70A.720
(2)(a), the director must submit the work plan to the technical panel for review.
(2) The technical panel shall review the work plan and report to the director within ninety days after the director receives the work plan. The technical panel shall assess whether at the end of ten years after receipt of funding, the work plan, in conjunction with other existing plans and regulations, will protect critical areas while maintaining and enhancing the viability of agriculture in the watershed.
(3)(a) If the technical panel determines the proposed work plan will protect critical areas while maintaining and enhancing the viability of agriculture in the watershed:
(i) It must recommend approval of the work plan; and
(ii) The director must approve the work plan.
(b) If the technical panel determines the proposed work plan will not protect critical areas while maintaining and enhancing the viability of agriculture in the watershed:
(i) It must identify the reasons for its determination; and
(ii) The director must advise the watershed group of the reasons for disapproval.
(4) The watershed group may modify and resubmit its work plan for review and approval consistent with this section.
(5) If the director does not approve a work plan submitted under this section within two years and nine months after receipt of funding, the director shall submit the work plan to the statewide advisory committee for resolution. If the statewide advisory committee recommends approval, the director must approve the work plan.
(6) If the director does not approve a work plan for a watershed within three years after receipt of funding, the provisions of RCW 36.70A.735
(2) apply to the watershed.
[
2017 3rd sp.s. c 1 s 961
;
2011 c 360 s 7
.]
NOTES:
Effective date
—
2017 3rd sp.s. c 1:
See note following RCW 43.41.455
.
RCW 36.70A.730
Report by watershed group
—
Director consults with statewide advisory committee.
(1) Upon receipt of a report by a watershed group under RCW 36.70A.720
(2)(b) that the work plan goals and benchmarks have been met, the director must consult with the statewide advisory committee. If the director concurs with the watershed group report, the watershed group shall continue to implement the work plan. If the director does not concur with the watershed group report, the director shall consult with the statewide advisory committee following the procedures in subsection (2) of this section.
(2) If either the director, following receipt of a report under subsection (1) of this section, or the watershed group, in the report submitted to the director under RCW 36.70A.720
(2)(b), concludes that the work plan goals and benchmarks for protection have not been met, the director must consult with the statewide advisory committee for a recommendation on how to proceed. If the director, acting upon recommendation from the statewide advisory committee, determines that the watershed is likely to meet the goals and benchmarks with an additional six months of planning and implementation time, the director must grant an extension. If the director, acting upon a recommendation from the statewide advisory committee, determines that the watershed is unlikely to meet the goals and benchmarks within six months, the watershed is subject to RCW 36.70A.735
.
(3) A watershed that fails to meet its goals and benchmarks for protection within the six-month time extension under subsection (2) of this section is subject to RCW 36.70A.735
.
[
2011 c 360 s 8
.]
RCW 36.70A.735
When work plan is not approved, fails, or is unfunded
—
County's duties
—
Rules.
(1) Within eighteen months after one of the events in subsection (2) of this section, a county must:
(a) Develop, adopt, and implement a watershed work plan approved by the department that protects critical areas in areas used for agricultural activities while maintaining the viability of agriculture in the watershed. The department shall consult with the departments of agriculture, ecology, and fish and wildlife and the commission, and other relevant state agencies before approving or disapproving the proposed work plan. The appeal of the department's decision under this subsection is subject to appeal under RCW 36.70A.280
;
(b) Adopt development regulations previously adopted under this chapter by another local government for the purpose of protecting critical areas in areas used for agricultural activities. Regulations adopted under this subsection (1)(b) must be from a region with similar agricultural activities, geography, and geology and must: (i) Be from Clallam, Clark, King, or Whatcom counties; or (ii) have been upheld by a growth management hearings board or court after July 1, 2011, where the board or court determined that the provisions adequately protected critical areas functions and values in areas used for agricultural activities;
(c) Adopt development regulations certified by the department as protective of critical areas in areas used for agricultural activities as required by this chapter. The county may submit existing or amended regulations for certification. The department must make its decision on whether to certify the development regulations within ninety days after the county submits its request. If the department denies the certification, the county shall take an action under (a), (b), or (d) of this subsection. The department must consult with the departments of agriculture, ecology, and fish and wildlife and the commission before making a certification under this section. The appeal of the department's decision under this subsection (1)(c) is subject to appeal under RCW 36.70A.280
; or
(d) Review and, if necessary, revise development regulations adopted under this chapter to protect critical areas as they relate to agricultural activities.
(2) A participating watershed is subject to this section if:
(a) The work plan is not approved by the director as provided in RCW 36.70A.725
;
(b) The work plan's goals and benchmarks for protection have not been met as provided in RCW 36.70A.720
;
(c) The commission has determined under RCW 36.70A.740
that the county, department, commission, or departments of agriculture, ecology, or fish and wildlife have not received adequate funding to implement a program in the watershed; or
(d) The commission has determined under RCW 36.70A.740
that the watershed has not received adequate funding to implement the program.
(3) The department shall adopt rules to implement subsection (1)(a) and (c) of this section.
[
2011 c 360 s 9
.]
RCW 36.70A.740
Commission's duties
—
Timelines.
(1) The commission must:
(a) In consultation with each county that has elected under RCW 36.70A.710
to participate in the program, determine which participating watersheds received adequate funding to establish and implement the program in a participating watershed; and
(b) In consultation with other state agencies, for each participating watershed determine whether state agencies required to take action under the provisions of RCW 36.70A.700
through
36.70A.760
have received adequate funding to support the program.
(2) By July 31, 2023, and every two years thereafter, in consultation with each county that has elected under RCW 36.70A.710
to participate in the program and other state agencies, the commission shall determine for each participating watershed whether adequate funding to implement the program was provided during the preceding biennium as provided in subsection (1) of this section.
(3) If the commission determines under subsection (1) or (2) of this section that a participating watershed has not received adequate funding, the watershed is subject to the provisions of RCW 36.70A.735
.
(4) In consultation with the statewide advisory committee and other state agencies, not later than August 31, 2015, and each August 31st every two years thereafter, the commission shall report to the legislature and each county that has elected under RCW 36.70A.710
to participate in the program on the participating watersheds that have received adequate funding to establish and implement the program.
[
2023 c 187 s 2
;
2011 c 360 s 10
.]
RCW 36.70A.745
Statewide advisory committee
—
Membership.
(1)(a) From the nominations made under (b) of this subsection, the commission shall appoint a statewide advisory committee, consisting of: Two persons representing county government, two persons representing agricultural organizations, and two persons representing environmental organizations. The commission, in conjunction with the governor's office, shall also invite participation by two representatives of tribal governments.
(b) Organizations representing county, agricultural, and environmental organizations shall submit nominations of their representatives to the commission within ninety days of July 22, 2011. Members of the statewide advisory committee shall serve two-year terms except that for the first year, one representative from each of the sectors shall be appointed to the statewide advisory committee for a term of one year. Members may be reappointed by the commission for additional two-year terms and replacement members shall be appointed in accordance with the process for selection of the initial members of the statewide advisory committee.
(c) Upon notification of the commission by an appointed member, the appointed member may designate a person to serve as an alternate.
(d) The executive director of the commission shall serve as a nonvoting chair of the statewide advisory committee.
(e) Members of the statewide advisory committee shall serve without compensation and, unless serving as a state officer or employee, are not eligible for reimbursement for subsistence, lodging, and travel expenses under RCW 43.03.050
and
43.03.060
.
(2) The role of the statewide advisory committee is to advise the commission and other agencies involved in development and operation of the program.
[
2011 c 360 s 11
.]
RCW 36.70A.750
Agricultural operators
—
Individual stewardship plan.
(1) Agricultural operators implementing an individual stewardship plan consistent with a work plan are presumed to be working toward the protection and enhancement of critical areas.
(2) If the watershed group determines that additional or different practices are needed to achieve the work plan's goals and benchmarks, the agricultural operator may not be required to implement those practices but may choose to implement the revised practices on a voluntary basis and is eligible for funding to revise the practices.
[
2011 c 360 s 12
.]
RCW 36.70A.755
Implementing the work plan.
In developing stewardship practices to implement the work plan, to the maximum extent practical the watershed group should:
(1) Avoid management practices that may have unintended adverse consequences for other habitats, species, and critical areas functions and values; and
(2) Administer the program in a manner that allows participants to be eligible for public or private environmental protection and enhancement incentives while protecting and enhancing critical area functions and values.
[
2011 c 360 s 13
.]
RCW 36.70A.760
Agricultural operators
—
Withdrawal from program.
An agricultural operator participating in the program may withdraw from the program and is not required to continue voluntary measures after the expiration of an applicable contract. The watershed group must account for any loss of protection resulting from withdrawals when establishing goals and benchmarks for protection and a work plan under RCW 36.70A.720
.
[
2011 c 360 s 14
.]
RCW 36.70A.800
Role of growth strategies commission.
The growth strategies commission created by executive order shall:
(1) Analyze different methods for assuring that county and city comprehensive plans adopted under chapter
36.70A
RCW are consistent with the planning goals under RCW 36.70A.020
and with other requirements of chapter
36.70A
RCW;
(2) Recommend to the legislature and the governor by October 1, 1990, a specific structure or process that, among other things:
(a) Ensures county and city comprehensive plans adopted under chapter
36.70A
RCW are coordinated and comply with planning goals and other requirements under chapter
36.70A
RCW;
(b) Requires state agencies to comply with this chapter and to consider and be consistent with county and city comprehensive plans in actions by state agencies, including the location, financing, and expansion of transportation systems and other public facilities;
(c) Defines the state role in growth management;
(d) Addresses lands and resources of statewide significance, including to:
(i) Protect these lands and resources of statewide significance by developing standards for their preservation and protection and suggesting the appropriate structure to monitor and enforce the preservation of these lands and resources; and
(ii) Consider the environmental, economic, and social values of the lands and resources with statewide significance;
(e) Identifies potential state funds that may be withheld and incentives that promote county and city compliance with chapter
36.70A
RCW;
(f) Increases affordable housing statewide and promotes linkages between land use and transportation;
(g) Addresses vesting of rights; and
(h) Addresses short subdivisions; and
(3) Develop recommendations to provide for the resolution of disputes over urban growth areas between counties and cities, including incorporations and annexations.
[
1990 1st ex.s. c 17 s 86
.]
RCW 36.70A.810
Retrofits of existing buildings for residential housing
—
Nonconforming setbacks.
(1) A city or county planning under RCW 36.70A.040
must allow for the following:
(a) For retrofits of existing buildings to be used for residential housing:
(i) The portion of exterior wall assemblies that includes insulation must be allowed to project up to an additional eight inches into the setbacks on all sides;
(ii) The building must be allowed to exceed the maximum allowable roof height by eight inches to accommodate additional insulation; and
(iii) Gross floor area must be measured from the interior face of the exterior walls, which includes drywall, as typically depicted on the architectural floor plans.
(b) For existing nonconforming buildings already projecting into setbacks, the portion of exterior wall assemblies that include insulation must be allowed to project up to an additional eight inches into the setbacks on all sides if the building is to be used for residential housing.
(2) Nothing in this section prohibits a city or county from applying the requirements of the state building code or requires a city or county to allow a setback of less than 36 inches between residential dwelling units.
[
2025 c 139 s 1
.]
RCW 36.70A.812
Accommodation for passive house requirements.
(1) For new construction or the retrofit of existing buildings meeting passive house requirements, a city or county planning under RCW 36.70A.040
must allow for the following:
(a) Any required setback must be measured to the outside face of the foundation, and the portion of exterior wall assemblies that include insulation must be allowed to project up to eight inches into setbacks on all sides;
(b) The building must be allowed to exceed the maximum allowable roof height by eight inches to accommodate additional insulation; and
(c) Gross floor area must be measured from the interior face of the exterior walls, which includes drywall, as typically depicted on the architectural floor plans.
(2) For the purposes of this section, "passive house requirements" means the criteria for certification as a passive house by Phius or the international passive house institute.
(3) Nothing in this section prohibits a city or county from applying the requirements of the state building code or requires a city or county to allow a setback of less than 36 inches between residential dwelling units.
[
2025 c 139 s 2
.]
RCW 36.70A.813
Accommodation for roof-mounted solar energy panels.
(1) A city or county planning under RCW 36.70A.040
must allow a building to exceed any maximum allowable roof height limits by at least 48 inches to accommodate a roof-mounted solar energy panel.
(2) For purposes of this section, "solar energy panel" means a panel device or system or combination of panel devices or systems that relies on direct sunlight as an energy source, including a panel device or system or combination of panel devices or systems that collects sunlight for use in:
(a) The heating or cooling of a structure or building;
(b) The heating or pumping of water;
(c) Industrial, commercial, or agricultural processes; or
(d) The generation of electricity.
(3) Nothing in this section prohibits a city or county from applying the requirements of the state building code or requires a city or county to allow a setback of less than 36 inches between residential dwelling units.
[
2025 c 139 s 5
.]
RCW 36.70A.815
Façade modulation and upper-level setbacks on residential projects.
(1) A city or county planning under RCW 36.70A.040
may not require façade modulation or upper-level setbacks as a condition of permitting the following types of residential projects:
(a) Affordable housing;
(b) New construction meeting passive house requirements;
(c) The retrofit of existing buildings meeting passive house requirements;
(d) The conversion of existing buildings to housing or mixed-use development that includes housing;
(e) Modular construction; or
(f) Mass timber construction.
(2) For the purposes of this section:
(a) "Façade modulation" means a change in building plane, either a recess or a projection, that changes the shape of the exterior massing of the building.
(b) "Mass timber construction" means a building with structural components primarily made of mass timber products as defined in RCW 19.27.570
.
(c) "Modular construction" means a multistory residential or commercial building constructed of standardized components produced off-site, which are transported and assembled at a final location.
(d) "Passive house requirements" means the criteria for certification as a passive house by Phius or the international passive house institute.
(e) "Upper-level setback" means a required distance between the lot line and the building façade applied only to portions of the building above a specified height.
[
2025 c 139 s 6
.]
RCW 36.70A.817
Off-street parking requirements for residential projects.
(1) Except as provided in subsection (2) of this section, a city or county planning under RCW 36.70A.040
may not require off-street parking as a condition of permitting the following types of residential projects:
(a) Affordable housing;
(b) New construction or the retrofit of existing buildings meeting passive house requirements;
(c) Modular construction; or
(d) Mass timber construction.
(2) A city or county may require off-street parking if the jurisdiction submits to the department of commerce an empirical study prepared by a credentialed transportation or land use planning expert that clearly demonstrates, and the department finds and certifies, that the application of the parking limitations in subsection (1) of this section will be significantly less safe for vehicle drivers or passengers, pedestrians, or bicyclists than if the jurisdiction's parking requirements were applied. The department must develop guidance to assist cities and counties on items to include in the study.
(3) A county may require off-street parking if the county's roads are not developed to the standards for streets and roads adopted by the cities within that county.
(4) For the purposes of this section:
(a) "Mass timber construction" means a building with structural components primarily made of mass timber products as defined in RCW 19.27.570
.
(b) "Modular construction" means a multistory residential building constructed of standardized components produced off-site, which are transported and assembled at a final location.
(c) "Passive house requirements" means the criteria for certification as a passive house by Phius or the international passive house institute.
[
2025 c 139 s 7
.]
RCW 36.70A.819
Affordable housing unit size.
(1) Cities and counties planning under RCW 36.70A.040
may not require affordable housing units for low-income or very low-income households, regardless of the unit mix and size of the project, to exceed the following sizes:
(a) 400 square feet for a studio unit;
(b) 550 square feet for a one-bedroom unit;
(c) 750 square feet for a two-bedroom unit; and
(d) 1,000 square feet for a three-bedroom unit.
(2) If the average unit size in the project is smaller than the size requirements in this section, the city must allow the affordable housing units to be of a comparable size as the market rate units.
(3) Co-living housing units are subject to the provisions of RCW 36.70A.535
.
(4) This section does not apply to low-income housing developed under an affordable housing incentive program as provided in RCW 36.70A.540
.
[
2025 c 139 s 9
.]
RCW 36.70A.820
Building code and development regulation update requirements.
Cities and counties that plan under the growth management act must adopt or amend by ordinance, and incorporate into their development regulations, zoning regulations, and other official controls, the requirements of RCW 36.70A.810, 36.70A.812, 36.70A.813
through
36.70A.817, and
36.70A.819
by the sooner of six months after their next periodic comprehensive plan update or six months after their next implementation progress report.
[
2025 c 139 s 10
.]
RCW 36.70A.830
Agreement for extension of services beyond urban growth areas between Indian tribes and cities.
A federally recognized Indian tribe and a city may agree by December 31, 2028, to extend urban governmental services beyond the city and urban growth areas to property within the jurisdiction of the federally recognized Indian tribe that abuts the boundaries of the city.
[
2025 c 258 s 3
.]
NOTES:
Intent
—
2025 c 258:
"The legislature is providing a clear statement of the authority for a city and tribal government to mutually agree to contract for urban governmental services beyond the urban growth boundary of the city to tribal lands with urban development and be in compliance with the provisions of the growth management act." [
2025 c 258 s 1
.]
RCW 36.70A.835
Department review of housing element compliance
—
Application.
(1) A county or city that is required or chooses to plan under RCW 36.70A.040
may submit their housing element required under RCW 36.70A.070
(2) and any housing development regulations adopted or amended on or after July 27, 2025, to the department for review to determine whether the housing element or housing development regulations comply with the laws and regulations identified in subsection (7) of this section.
(2)(a) Not less than 120 days prior to applying for approval of a housing element, the county or city must notify the department in writing that it intends to apply for approval under subsection (1) of this section. The department shall review proposed housing elements prior to final adoption and advise the county or city of the actions necessary to receive approval.
(b) Prior to advising the county or city of the actions necessary to receive approval under (a) of this subsection, the department, along with the county or city, may consult with other relevant state agencies in making its determination.
(c) Prior to advising the county or city of the actions necessary to receive approval under (a) of this subsection, the department, along with the county or city, may consult with housing providers, developers, and builders that are located in or have completed work in the county or city.
(d) The department shall publish notice in the Washington state register that a city or county has notified the department of its intent to apply for approval and the department shall post a copy of the notice on the department website.
(3)(a) A county or city submitting a housing element or housing development regulation for review under subsection (1) of this section must submit its application to the department within 10 days after any final action to amend, repeal, or replace the housing element or housing development regulations.
(b) Notwithstanding subsection (1) of this section, the department may review housing development regulations adopted or amended before July 27, 2025, if amendments to those regulations are necessary to implement the housing element or any laws and regulations identified in subsection (7) of this section.
(4) Notwithstanding RCW 36.70A.320
(1), a housing element or housing development regulation subject to review under this section does not take effect until the department issues a final decision determining that the housing element or housing development regulation complies with the laws and regulations identified in subsection (7) of this section.
(5)(a) An application for review must include, at a minimum, the following:
(i) A cover letter from the legislative authority requesting review of the housing element or housing development regulations;
(ii) A copy of the adopted ordinance or resolution taking the legislative action or actions required to adopt the housing element or housing development regulations;
(iii) A statement explaining how the adopted housing element or housing development regulations comply with the laws and regulations identified in subsection (7) of this section; and
(iv) A copy of the record developed by the city or county at any public meeting or public hearing at which action was taken on the housing element or housing development regulations.
(b) For the purposes of this subsection, "action" and "meeting" have the same meanings as in RCW 42.30.020
.
(6)(a) Within 90 days of the date of receipt of an application, the department shall issue a decision determining whether the housing element and any housing development regulations comply with the laws and regulations identified in subsection (7) of this section. The department may extend the review period with written agreement of the city or county.
(b) The department must issue its decision in the form of a written statement, including findings of fact and conclusions, and noting the date of the issuance of its decision. The department's issued decision must conspicuously and plainly state that it is the department's final decision. In issuing a decision that finds that a city's or county's housing element and any housing development regulations are not in compliance with the laws and regulations identified in subsection (7) of this section, the department must demonstrate that the city's or county's housing element or development regulations are clearly erroneous.
(c) The department shall promptly publish its decision as follows:
(i) Notify the city or county in writing of its decision;
(ii) Publish a notice of action in the Washington State Register;
(iii) Post a notice of its decision on the agency website; and
(iv) Notify other relevant state agencies regarding the decision.
(7)(a) The department shall issue a determination of compliance for a housing element or housing development regulation unless it finds that the housing element or housing development regulation is not consistent with any of the following laws and regulations:
(i) The housing planning goal set forth in RCW 36.70A.020
(4);
(ii) The housing element requirements set forth in RCW 36.70A.070
(2);
(iii) Any relevant rules adopted by the department;
(iv) Any relevant state environmental policy act requirements in chapter
43.21C
RCW;
(v) The county's or city's comprehensive plan;
(vi) Emergency shelters, transitional housing, emergency housing, and permanent supportive housing requirements in RCW 35.21.683
and
35A.21.430
;
(vii) Co-living housing requirements in RCW 36.70A.535
;
(viii) Density bonuses required in RCW 36.70A.545
;
(ix) Parking requirements in RCW *
36.70A.620
and
36.70A.622
; or
(x) Housing requirements in RCW 36.70A.115, 36.70A.635, 36.70A.636, 36.70A.637, 36.70A.638, 36.70A.680, 36.70A.681, 36.70A.682, 36.70A.696, 36.70A.697, 36.70A.698, and
36.70A.699
.
(b) Within six months of July 27, 2025, the department shall publish a defined set of minimum objective standards that jurisdictions must meet in order to comply with this section.
(8)(a) The department shall publish and regularly update a local government compliance list that includes, at minimum, the following information for each city or county:
(i) Whether the city or county is subject to a targeted review under subsection (9) of this section;
(ii) Whether the city or county has applied for a determination of compliance and, if so, the date of the application; and
(iii) Whether the department has issued a decision on compliance for the city or county and, if so, the nature of the decision, the date that the decision was issued, and the status or outcome of any appeals.
(b) The local government compliance list must be made publicly available on the department's website.
(9)(a)(i) A city or county that is required or chooses to plan under RCW 36.70A.040
must submit its housing element required under RCW 36.70A.070
(2) and any housing development regulations adopted or amended on or after July 27, 2025, to the department for review in accordance with this section if the department selects the city or county for targeted review under this subsection. The department may select up to 10 cities or counties for targeted review each calendar year and must prioritize selections for review based on criteria including, but not limited to, the following:
(A) The city or county has not planned for and accommodated for its portion of the countywide housing need determined by the county;
(B) The city's or county's housing production is less than 50 percent of the annual housing being produced within the county or regional council area, as applicable, adjusted by population;
(C) The city's or county's housing production consists of greater than 80 percent single-family homes aimed at primarily households whose income is at or greater than 120 percent of the median household income adjusted for household size for the city or county where the household is located.
(ii) Upon selection for review, the department must notify any selected cities or counties within 10 days.
(iii) During review of a city or county under this subsection, the department may consult with housing developers and builders that are located in or have completed work in the city or county.
(b)(i) If the department determines that a city or county subject to targeted review under this subsection is not in compliance with the laws and regulations identified in subsection (7) of this section, the department shall notify the city or county of the deficiencies identified and propose amendments to correct any deficiencies. The city or county has 120 days to amend its housing element and any relevant housing development regulations to address any deficiencies noted by the department in its decision issued under subsection (6)(a) of this section and must submit any amendments to its housing element or housing development regulations to the department in the same manner of the initial application for review under subsection (5)(a) of this section. The department may extend the 120-day correction period with written agreement of the city or county.
(ii) If the department determines that a housing element or housing development regulation amended under (b)(i) of this subsection does not comply with the laws and regulations identified in subsection (7) of this section, the city or county is subject to the requirements of subsection (11) of this section.
(10) The department's decision on compliance, including subsequent reviews under subsection (9)(b) of this section, and any housing element or housing development regulations subject to review under this section, may be appealed to the growth management hearings board by filing a petition as provided in RCW 36.70A.290
.
(11)(a) A noncompliant city or county may not deny an affordable or moderate-income housing development, or approve an affordable or moderate-income housing development with conditions or restrictions that have a substantial adverse impact on the viability of the development or the degree of affordability of the development unless at least one of the following conditions is met:
(i) The city or county has received a final decision from the department determining that its housing element and any housing development regulations comply with the laws and regulations identified in subsection (7) of this section;
(ii) The denial of the affordable or moderate-income housing development, or the approval of the affordable or moderate-income housing development with conditions or restrictions that have a substantial adverse impact on the viability of the development or the degree of affordability of the development, is required in order to comply with specific state or federal law;
(iii) The affordable or moderate-income housing development or proposed development site is located outside an urban growth area, in a critical area, in a critical area buffer, or in an area where residential uses are not allowed by the applicable shoreline master program; or
(iv) The affordable or moderate-income housing development or proposed development site is located in an area where neither the local jurisdiction's comprehensive plan nor zoning ordinance permits residential or mixed uses.
(b) The county or city must require the developer of an affordable or moderate-income housing development to include legally binding, enforceable restrictions on the development, recorded as a covenant or deed restriction, to ensure that the following measures of affordability are met for a minimum 25-year period:
(i) At least 20 percent of the units are affordable housing as defined in **RCW 36A.70A.030
;
(ii) At least 50 percent of the units are workforce housing; or
(iii) All of the units are moderate-income housing as defined in RCW 36.70A.030
.
(c) The county or city must periodically audit compliance with the restrictions or provide another mechanism to ensure that the units committed to affordable or workforce housing meet the measures of affordability described in (b) of this subsection during the agreed term.
(d) For the purposes of this subsection, "noncompliant city or county" means a city or county subject to targeted review under subsection (9) of this section that:
(i) Does not take amendatory actions under subsection (9)(b)(i) of this section following a determination from the department that the city's or county's housing element or housing development regulations do not comply with the laws and regulations identified in subsection (7) of this section; or
(ii) Has a housing element or housing development regulation that does not comply with the laws and regulations identified in subsection (7) of this section as determined by the department under subsection (9)(b)(ii) of this section or, if appealed, the board under RCW 36.70A.290
(3)(b).
(12) A city or county may not be required to submit their housing element or housing development regulations for department review and compliance under this section as a condition of eligibility or prioritization for funds or other programs and opportunities unless a city or county is required to submit their housing element or housing development regulations under subsection (9)(a)(i) of this section.
(13) The department may adopt any rules necessary to implement this section.
(14) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Affordable housing" has the same meaning as in RCW 36.70A.030
.
(b) "Workforce housing" means housing with monthly costs, including utilities other than telephone, that do not exceed 30 percent of the monthly income of a household whose income is:
(i) For a rental: At or below 80 percent of the median household income adjusted for household size, for the county where the household is located, as reported by the United States department of housing and urban development;
(ii) For ownership: At or below 100 percent of the median household income adjusted for household size, for the county where the household is located, as reported by the United States department of housing and urban development.
(c) "Moderate-income housing" has the same meaning as "moderate-income household" in RCW 36.70A.030
.
(d) "Housing development regulations" means any development regulations related to the housing element requirements under RCW 36.70A.070
(2) including, but not limited to, development regulations related to affordable housing, middle housing, co-living housing, accessory dwelling units, emergency shelters, transitional housing, emergency housing, permanent supportive housing, conversions of nonresidential buildings to residential use, and any zoning maps and zoning districts.
[
2025 c 269 s 1
.]
NOTES:
Reviser's note:
*(1) RCW 36.70A.620
was repealed by
2025 c 204 s 6
.
**(2) RCW 36A.70A.030
appears to be erroneous. RCW 36.70A.030
was apparently intended.
State representation
—
2025 c 269:
"The state, through the department and the attorney general, shall represent its interest before agencies of the United States, interstate agencies, and the courts with regard to comprehensive plans, regulations, activities, or uses approved under this act. Where federal or interstate agency plans, activities, or procedures conflict with state policies, all reasonable steps available shall be taken by the state to preserve the integrity of its policies." [
2025 c 269 s 7
.]
Short title
—
2025 c 269:
"This act may be known and cited as the housing accountability act." [
2025 c 269 s 8
.]
RCW 36.70A.840
Transit-oriented development
—
Development regulation in station areas
—
Affordable housing
—
Exceptions
—
Timelines.
(1) Cities planning under RCW 36.70A.040
may not enact or enforce any development regulation within a station area that would prohibit the siting of multifamily residential housing on lots where any other residential use is permissible.
(2)(a) Cities planning under RCW 36.70A.040
must allow new residential and mixed-use development within any station area at the transit-oriented development density of:
(i) At least 3.5 floor area ratio, on average, within a rail station area; and
(ii) At least 2.5 floor area ratio, on average, or at least a 3.0 floor area ratio, on average if a city exempts up to 25 percent of bus station areas, within a bus station area.
(A) Cities must adopt regulations that allow for greater building height and increased density in all bus station areas for developments built with all mass timber products.
(B) For the purposes of this subsection, "mass timber products" has the same meaning as in RCW 19.27.570
.
(b) A city planning under RCW 36.70A.040
may adopt a modification to a station area designation, but only after consultation with and approval by the department.
(c) Cities planning under RCW 36.70A.040
may not enact or enforce any development regulation that imposes:
(i) A maximum floor area ratio of less than the transit-oriented development density in this subsection for any residential or mixed-use development within a station area, unless a city has adopted an exemption for the station area under (a)(ii) of this subsection; or
(ii) A maximum residential density, measured in residential units per acre or other metric of land area within a station area.
(3) For the purposes of this section:
(a) "Mixed-use development" means a building subject to a regulation specifying allowable residential proportions within mixed-use areas.
(b) "Workforce housing" means rental housing with monthly costs that do not exceed 30 percent of the monthly income of a household whose income is at or below 80 percent of the median household income adjusted for household size, for the county where the household is located, as reported by the United States department of housing and urban development.
(4) Within any station area, any building in which all units are affordable or workforce housing for at least 50 years or are dedicated to permanent supportive housing, an additional 1.5 floor area ratio in excess of the transit-oriented development density required under subsection (2)(a) of this section must be permitted.
(5) Any floor area within a building located in a station area that is reserved for residential units in multifamily housing that includes at least three bedrooms must not be counted toward applicable floor area ratio limits. A city may require the residential units to comply with affordability requirements to be eligible for an exclusion from the applicable floor area ratio limits.
(6) Cities planning under RCW 36.70A.040
may by ordinance designate parts of a station area in which to enact or enforce floor area ratios for residential or mixed-use development that are more or less than the applicable transit-oriented development density, if the average maximum floor area ratio of all residential and mixed-use areas within a station area is no less than the applicable transit-oriented development density.
(7)(a) Buildings constructed within a station area must maintain for at least 50 years:
(i) At least 10 percent of all residential units as affordable housing;
(ii) At least 10 percent of all residential units as workforce housing if at least 10 percent of the units are family sized units with more than two bedrooms; or
(iii) At least 20 percent of all residential units as workforce housing.
(b) A building constructed within a station area is exempt from the affordability requirements in (a) of this subsection if:
(i) The building is constructed on a lot in which a density that meets or exceeds the transit-oriented development density in subsection (2) of this section was authorized prior to January 1, 2025;
(ii) The building is subject to affordability requirements with a lower income threshold or a greater amount of required affordable housing that were enacted by a city prior to December 31, 2025; or
(iii) A city has enacted or expands a mandatory program under RCW 36.70A.540
that requires a minimum amount of affordable housing that must be provided by residential development, either on-site or through an in-lieu payment as allowed by RCW 36.70A.540, in an area where development regulations must comply with this section. Such mandatory program may be enacted, modified, or expanded by a city, and may require an amount of affordable housing and levels of affordability that differs or exceeds the requirements. An optional program established under RCW 36.70A.540
does not meet the requirements of this subsection (7)(b)(iii).
(c) For each building that is exempt from the requirements for affordable or workforce housing under (b)(i) or (ii) of this subsection, the city must identify the density and affordability requirements that apply to the building or parcel in its comprehensive planning documents. For each building that is exempt from the requirements for affordable or workforce housing under (b)(iii) of this subsection, the city must identify the density and affordability requirements that apply to the building or parcel in its municipal code.
(8) A city must approve an exemption under RCW 84.14.020
(1)(a)(ii)(D) for multifamily residential housing within a station area that meets the affordability requirements in subsection (7)(a) of this section and the requirements of chapter
84.14
RCW, unless the city authorizes the 20-year exemption under RCW 84.14.020
(1)(a)(ii)(C).
(9) A city that has enacted an incentive program prior to January 1, 2025, that requires public benefits, such as school capacity, greater amounts of affordable housing, green space, or green infrastructure, in return for additional development allowances, may continue to require such public benefits if the plan and implementing development regulations requiring those public benefits provides development capacity that is substantially similar to that required in this section.
(10)(a) No later than the deadlines established in subsection (15) of this section, cities planning under RCW 36.70A.040
must act to modify or repeal any existing development regulations applicable in a station area that, alone or in combination, are inconsistent with this section, and may not enact any development regulations applicable in a station area that, alone or in combination with other development regulations, are inconsistent with this section.
(b) A city may apply any objective development regulations within a station area that are required for other multifamily residential uses in the same zone, including tree canopy and retention requirements.
(c) This subsection (10) does not apply to development regulations that are generally applicable health and safety standards, including building code standards and fire and life safety standards.
(11) Nothing in this section requires alteration, displacement, or limitation of industrial or agricultural uses or industrial, manufacturing, or agricultural areas within the urban growth area.
(12) Nothing in this section requires a city to issue a building permit if other federal, state, and local requirements for a building permit are not met.
(13) Cities planning under RCW 36.70A.040
may exclude from the requirements in this section any portion of a lot that is designated as a shoreline environment governed by a shoreline master program or as a critical area governed by a critical area ordinance, except for critical aquifer recharge areas where a single-family detached house is an allowed use provided that any requirements to maintain aquifer recharge are met, and any lot that:
(a) Is nonconforming with development regulations governing lot dimensions including, but not limited to, standards related to lot width, area, geometry, or street access, unless an applicant demonstrates that the nonconforming lot may be developed in compliance with the development regulations governing lot dimensions by obtaining any modification, deviation, variance, or similar code departure approval allowed under the development regulations;
(b) Contains a designated landmark or is located within a historic district established under a local preservation ordinance adopted prior to July 27, 2025;
(c) Has been designated as containing urban separators by countywide planning policies as of July 27, 2025;
(d) Is an industrial, manufacturing, or agricultural designated lot that either is limited to one dwelling unit per lot or only allows housing for individuals and their families responsible for caretaking, farm work, security, or maintenance; or
(e) Is in a tsunami inundation area as mapped by the department of natural resources.
(14) For cities subject to a growth target adopted under RCW 36.70A.210
that limits the maximum residential capacity of the jurisdiction, any additional residential capacity required by this section may not be considered an inconsistency with the countywide planning policies, multicounty planning policies, or growth targets adopted under RCW 36.70A.210
.
(15)(a) Any city that is required to review its comprehensive plan by the deadlines specified in RCW 36.70A.130
(5)(a) must comply with the requirements of this section by the earlier of December 31, 2029, or its first implementation progress report due after December 31, 2024, as specified in RCW 36.70A.130
(9), and thereafter at each comprehensive plan update or implementation progress report following the completion or funding of any major transit stop that would create a new station area within the jurisdiction.
(b) Any city that is required to review its comprehensive plan by the deadlines specified in RCW 36.70A.130
(5) (b), (c), or (d) must comply with the requirements of this section no later than six months after its first comprehensive plan update due after December 31, 2024, and thereafter at each comprehensive plan update or implementation progress report following the completion or funding of any major transit stop that would create a new station area within the jurisdiction.
(c) A federally recognized Indian tribe may voluntarily choose to participate in the planning process to implement the requirements of this section in accordance with RCW 36.70A.040
(8).
(16)(a) The department must publish a model transit-oriented development ordinance by June 30, 2027.
(b) In any city subject to this section that has not passed ordinances, regulations, or other official controls by the deadlines required under subsection (15) of this section, the model ordinance supersedes, preempts, and invalidates local development regulations until the city takes all actions necessary to implement this section.
(17) A city may seek an extension from the transit-oriented development density requirements of this section by applying to the department for an extension in any areas that are at high risk of displacement based on a city's antidisplacement analysis or an antidisplacement map. The department must review the city's analysis and certify a five-year extension from the requirements of this section for areas at high risk of displacement. The city must create an implementation plan that identifies the antidisplacement policies available to residents to mitigate displacement risk. During the extension, the city may delay implementation or enact alternative floor area ratio requirements within any areas at high risk of displacement. The department may recertify an extension for additional five-year periods based on evidence of ongoing displacement risk in the area.
(18)(a)(i) The department may approve actions under this subsection (18) for cities that have, by June 30, 2026, adopted a plan and implementing development regulations for a specific station area that are substantially similar to the requirements of this section for that station area. In determining whether a city's adopted plan and development regulations are substantially similar, the department's evaluation may include, but not be limited to, if:
(A) The regulations will provide a development capacity and allow the opportunity for creation of affordable housing that is at least equivalent to the amount of development capacity and affordable housing that would be allowed in that station area if the specific provisions of this section were adopted;
(B) The jurisdiction offers a way to achieve buildings that exceed 85 feet in height; and
(C) No lot within the station area is zoned exclusively for detached single-family residences.
(ii) The department must establish by rule any standards or procedures necessary to implement (a) of this subsection.
(b) Any local actions approved by the department pursuant to (a) of this subsection are exempt from appeals under this chapter and chapter
43.21C
RCW.
(c) The department's final decision to approve or reject actions by cities under this subsection (18) may be appealed to the growth management hearings board by filing a petition as provided in RCW 36.70A.290
.
[
2025 c 267 s 3
.]
NOTES:
Findings
—
2025 c 267:
"The legislature finds that the state has made groundbreaking investments in state-of-the-art mass transit and intermodal infrastructure. The legislature finds that to maximize the state's return on these investments, land use policies and practices must allow housing development to keep pace with progress being implemented in transportation infrastructure development. The legislature also intends new development to reflect the state's commitment to affordable housing and vibrant, walkable, accessible urban environments that improve health, expand multimodal transportation options, and include varied community facilities, parks, and green spaces that are open to people of all income levels.
The legislature recognizes that cities planning under chapter
36.70A
RCW require direction and technical assistance to ensure the benefits of state transportation investments are maximized and shared equitably while avoiding unnecessary programmatic and cost burdens to local governments in their comprehensive planning, code enactment, and permit processing workloads. The legislature further recognizes that regulatory flexibility and local control are also important features of optimal planning outcomes." [
2025 c 267 s 1
.]
RCW 36.70A.841
Transit-oriented development
—
Grant program.
Subject to appropriation, the department must establish and administer a grant program to assist cities in providing:
(1) The infrastructure necessary to accommodate development at transit-oriented development densities within station areas, including water, sewer, stormwater, and transportation infrastructure and parks and recreation facilities;
(2) Station area planning or other predevelopment costs necessary for implementation of station area plans; and
(3) The staffing necessary to implement transit-oriented development requirements.
[
2025 c 267 s 4
.]
NOTES:
Findings
—
2025 c 267:
See note following RCW 36.70A.840
.
RCW 36.70A.842
Transit-oriented development
—
Off-street parking.
(1) To encourage transit-oriented development and transit use and resulting substantial environmental benefits, cities planning under RCW 36.70A.040
may not require off-street automobile parking as a condition of permitting residential or mixed-use development within a station area as defined in RCW 36.70A.030, except for off-street automobile parking that is permanently marked for the exclusive use of individuals with disabilities or parking that is permanently marked for the short-term exclusive use of delivery vehicles.
(2) If a project permit application within a station area, as defined in RCW 36.70B.020, does not provide parking in compliance with this section, the proposed absence of parking may not be treated as a basis for issuance of a determination of significance pursuant to chapter
43.21C
RCW.
(3) The parking provisions of this section do not apply:
(a) If a local government submits to the department an empirical study prepared by a credentialed transportation or land use planning expert that clearly demonstrates, and the department finds and certifies, that the application of the parking limitations under subsection (1) of this section will be significantly less safe for automobile drivers or passengers, pedestrians, or bicyclists than if the jurisdiction's parking requirements were applied to the same location. The department must develop guidance to assist cities and counties on items to include in the study; or
(b) To portions of cities within a one-mile radius of a commercial airport in Washington with at least 9,000,000 annual enplanements.
(4) If a residential or mixed-use development provides parking for residential uses in excess of what is required in subsection (1) of this section, cities planning under RCW 36.70A.040
may enact or enforce development regulations to:
(a) Require a share of any provided residential parking to be distributed between units designated as affordable housing and units offered at market rate; and
(b) Include all or a portion of the cost of unbundled parking charges into the monthly cost for rental units designated as affordable housing.
[
2025 c 267 s 5
.]
NOTES:
Findings
—
2025 c 267:
See note following RCW 36.70A.840
.
RCW 36.70A.900
Severability
—
1990 1st ex.s. c 17.
If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
[
1990 1st ex.s. c 17 s 88
.]
RCW 36.70A.901
Part, section headings not law
—
1990 1st ex.s. c 17.
Part and section headings as used in this act do not constitute any part of the law.
[
1990 1st ex.s. c 17 s 89
.]
RCW 36.70A.902
Section headings not law
—
1991 sp.s. c 32.
Section headings as used in this act do not constitute any part of the law.
[
1991 sp.s. c 32 s 40
.]
RCW 36.70A.903
Transfer of powers, duties, and functions.
(1) The powers, duties, and functions of the growth management hearings board are hereby transferred to the environmental and land use hearings office.
(2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the growth management hearings board shall be delivered to the custody of the environmental and land use hearings office. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the growth management hearings board shall be made available to the environmental and land use hearings office. All funds, credits, or other assets held by the growth management hearings board shall be assigned to the environmental and land use hearings office.
(b) Any appropriations made to the growth management hearings board shall, on July 1, 2011, be transferred and credited to the environmental and land use hearings office.
(c) If any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.
(3) All employees of the growth management hearings board are transferred to the jurisdiction of the environmental and land use hearings office. All employees classified under chapter
41.06
RCW, the state civil service law, are assigned to the environmental and land use hearings office to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.
(4) All existing rules and all pending cases before the growth management hearings board shall be continued and acted upon by the growth management hearings board located within the environmental and land use hearings office. All pending business, existing contracts, and obligations shall remain in full force and shall be performed by the environmental and land use hearings office.
(5) The transfer of the powers, duties, functions, and personnel of the growth management hearings board shall not affect the validity of any act performed before July 1, 2011.
(6) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.
[
2010 c 210 s 43
.]
NOTES:
Intent
—
Effective dates
—
Application
—
Pending cases and rules
—
2010 c 210:
See notes following RCW 43.21B.001
.
RCW 36.70A.904
Conflict with federal requirements
—
2011 c 360.
If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state.
[
2011 c 360 s 21
.]