Title 36 — Title 36 COUNTIES

The legislature recognizes that there are major transportation projects that affect multiple jurisdictions as to economic development, fiscal influence, environmental consequences, land use implications, and mobility of people and goods. The legislature further recognizes that af…

For counties engaged in planning under this chapter, there shall be established by December 31, 1994, a collaborative process to review and coordinate state and local permits for all transportation projects that cross more than one city or county boundary. This process shall at a…

(1) Except as provided in subsections (2) and (3) of this section, no county or city may enact, enforce, or maintain an ordinance, development regulation, zoning regulation, or official control, policy, or administrative practice that prohibits the use of a residential dwelling, …

(1) A permit required under this chapter for a watershed restoration project as defined in RCW 89.08.460 shall be processed in compliance with RCW 89.08.450 through 89.08.510.(2) A fish habitat enhancement project meeting the criteria of RCW 77.55.181 shall be reviewed and approv…

(1) Project review, which shall be conducted pursuant to the provisions of chapter 36.70B RCW, shall be used to make individual project decisions, not land use planning decisions. If, during project review, a county or city planning under RCW 36.70A.040 identifies deficiencies in…

(1) For shorelines of the state, the goals and policies of the shoreline management act as set forth in RCW 90.58.020 are added as one of the goals of this chapter as set forth in RCW 36.70A.020 without creating an order of priority among the 15 goals. The goals and policies of a…

Nothing in RCW 36.70A.480 shall be construed to authorize a county or city to adopt regulations applicable to shorelands as defined in RCW 90.58.030 that are inconsistent with the provisions of chapter 90.58 RCW.[ 1995 c 382 s 13.]

The growth management planning and environmental review fund is hereby established in the state treasury. Moneys may be placed in the fund from the proceeds of bond sales, tax revenues, budget transfers, federal appropriations, gifts, or any other lawful source. Moneys in the fun…

(1) The department of commerce shall provide management services for the growth management planning and environmental review fund created by RCW 36.70A.490. The department shall establish procedures for fund management. The department shall encourage participation in the grant or…

Adoption and amendment of comprehensive plan provisions and development regulations under this chapter affecting a general aviation airport are subject to RCW 36.70.547.[ 1996 c 239 s 5.]

Counties that are required or choose to plan under RCW 36.70A.040 may authorize and designate national historic towns that may constitute urban growth outside of urban growth areas as limited by this section. A national historic town means a town or district that has been designa…

(1) Military installations are of particular importance to the economic health of the state of Washington and it is a priority of the state to protect the land surrounding our military installations from incompatible development.(2) Comprehensive plans, amendments to comprehensiv…

(1) Cities and counties planning under this chapter must allow co-living housing as a permitted use on any lot located within an urban growth area that allows at least six multifamily residential units, including on a lot zoned for mixed-use development.(2) A city or county subje…

*** CHANGE IN 2026 *** (SEE 2269-S.SL) ***Any county that is required or chooses to plan under RCW 36.70A.040 may provide by ordinance and incorporate into its development regulations, zoning regulations, and other official controls, authorization for the following:(1)(a) Middle …

(1)(a) Any city or county planning under RCW 36.70A.040 may enact or expand affordable housing incentive programs providing for the development of low-income housing units through development regulations or conditions on rezoning or permit decisions, or both, on one or more of th…

*** CHANGE IN 2026 *** (SEE 1859-S2.SL) ***(1) Any city or county fully planning under this chapter must allow an increased density bonus consistent with local needs for any affordable housing development of any single-family or multifamily residence located on real property owne…

(1) Any city coterminous with, and comprised only of, an island that relies solely on groundwater aquifers for its potable water source and does not have reasonable access to a potable water source outside its jurisdiction may designate one or more aquifer conservation zones.Aqui…

(1) Each county, city, and town assuming regulation of forest practices as provided in RCW 76.09.240 (1) and (2) shall adopt development regulations that:(a) Protect public resources, as defined in RCW 76.09.020, from material damage or the potential for material damage;(b) Requi…

For the purposes of complying with the requirements of this chapter relating to surface and groundwater resources, a county or city may rely on or refer to applicable minimum instream flow rules adopted by the department of ecology under chapters 90.22 and 90.54 RCW. Development …

(1) A city planning pursuant to RCW 36.70A.040 is encouraged to take the following actions in order to increase its residential building capacity:(a) Authorize development in one or more areas of not fewer than five hundred acres that include at least one train station served by …

(1) The Washington center for real estate research at the University of Washington shall produce a series of reports as described in this section that compiles housing supply and affordability metrics for each city planning under RCW 36.70A.040 with a population of 10,000 or more…

Notes:Reviser's note: RCW 36.70A.620 was amended by 2025 c 139 s 8 without reference to its repeal by 2025 c 204 s 6. It has been decodified for publication purposes under RCW 1.12.025.

(1) Cities and counties planning under this chapter shall enforce land use regulations for residential development as provided in this section:(a) Garages and carports may not be required as a way to meet minimum parking requirements for residential development;(b) Parking spaces…

(1) For purposes of this section, "design review" means a formally adopted local government process by which projects are reviewed for compliance with design standards for the type of use adopted through local ordinance.(2) Except as provided in subsection (3) of this section, co…

(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…

(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 mi…

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 u…

(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…