Title 36 — Title 36 COUNTIES

(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 …

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.

(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 …

(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 construc…

(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 gove…

(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 build…

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 elimi…

(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; o…

*** CHANGE IN 2026 *** (SEE 1345.SL) ***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-fa…

(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) Ap…

(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 un…

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. …

(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 inten…

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 operato…

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 th…

(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 pr…

(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 partici…

(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 …

(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 are…

(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 recei…

(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 …

(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 viab…

(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 cons…

(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 o…

(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…

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) Adm…

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 estab…

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 chapte…

(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 inc…

(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 exter…

(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…

(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…

(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 exis…

(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…

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 …

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 …

(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 …

(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 …

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…

(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 ar…

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.]

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.]

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

(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 manage…

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 dire…