Title 36 — Title 36 COUNTIES

(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…

The legislature finds and declares the following:(1) As the number of environmental laws and development regulations has increased for land uses and development, so has the number of required local land use permits, each with its own separate approval process.(2) The increasing n…

*** CHANGE IN 2026 *** (SEE 2418-S2.SL) ***Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.(1) "Closed record appeal" means an administrative appeal on the record to a local government body or officer, including the leg…

(1) Fundamental land use planning choices made in adopted comprehensive plans and development regulations shall serve as the foundation for project review. The review of a proposed project's consistency with applicable development regulations, or in the absence of applicable regu…

(1) A proposed project's consistency with a local government's development regulations adopted under chapter 36.70A RCW, or, in the absence of applicable development regulations, the appropriate elements of the comprehensive plan adopted under chapter 36.70A RCW shall be decided …

Not later than March 31, 1996, each local government shall provide by ordinance or resolution for review of project permit applications to achieve the following objectives:(1) Combine the environmental review process, both procedural and substantive, with the procedure for review…

*** CHANGE IN 2026 *** (SEE 2418-S2.SL) ***Not later than March 31, 1996, each local government planning under RCW 36.70A.040 shall establish by ordinance or resolution an integrated and consolidated project permit process that may be included in its development regulations. In a…

*** CHANGE IN 2026 *** (SEE 2418-S2.SL) ****** CHANGE IN 2026 *** (SEE 6309-S.SL) ***(1)(a) Within 28 days after receiving a project permit application, a local government planning pursuant to RCW 36.70A.040 shall provide a written determination to the applicant.(b) The written d…

*** CHANGE IN 2026 *** (SEE 2418-S2.SL) ***(1)(a) Development regulations adopted pursuant to RCW 36.70A.040 must establish and implement time periods for local government actions for each type of project permit application and provide timely and predictable procedures to determi…

A local government may require the applicant for a project permit to designate a single person or entity to receive determinations and notices required by this chapter.[ 1995 c 347 s 414.]

(1) Not later than April 1, 1996, a local government planning under RCW 36.70A.040 shall provide a notice of application to the public and the departments and agencies with jurisdiction as provided in this section. If a local government has made a threshold determination under ch…

(1) Each local government planning under RCW 36.70A.040 shall establish a permit review process that provides for the integrated and consolidated review and decision on two or more project permits relating to a proposed project action, including a single application review and ap…

A local government planning under RCW 36.70A.040 shall provide a notice of decision that also includes a statement of any threshold determination made under chapter 43.21C RCW and the procedures for administrative appeal, if any. The notice of decision may be a copy of the report…

(1) A local government by ordinance or resolution may exclude the following project permits from the provisions of RCW 36.70B.060 through 36.70B.080 and 36.70B.110 through 36.70B.130: Landmark designations, street vacations, or other approvals relating to the use of public areas …

A local government not planning under RCW 36.70A.040 may incorporate some or all of the provisions of RCW 36.70B.060 through * 36.70B.090 and 36.70B.110 through 36.70B.130 into its procedures for review of project permits or other project actions.[ 1995 c 347 s 419.]Notes:*Revise…

*** CHANGE IN 2026 *** (SEE 2418-S2.SL) ***(1) Each local government is encouraged to adopt further project review provisions to provide prompt, coordinated, and objective review and ensure accountability to applicants and the public, including expedited review for project permit…

*** CHANGE IN 2026 *** (SEE 6309-S.SL) ***(1) A local government may enter into a development agreement with a person having ownership or control of real property within its jurisdiction. A city may enter into a development agreement for real property outside its boundaries as pa…

Unless amended or terminated, a development agreement is enforceable during its term by a party to the agreement. A development agreement and the development standards in the agreement govern during the term of the agreement, or for all or that part of the build-out period specif…

A development agreement shall be recorded with the real property records of the county in which the property is located. During the term of the development agreement, the agreement is binding on the parties and their successors, including a city that assumes jurisdiction through …

A county or city shall only approve a development agreement by ordinance or resolution after a public hearing. The county or city legislative body or a planning commission, hearing examiner, or other body designated by the legislative body to conduct the public hearing may conduc…

Nothing in RCW 36.70B.170 through 36.70B.200 and section 501, chapter 347, Laws of 1995 is intended to authorize local governments to impose impact fees, inspection fees, or dedications or to require any other financial contributions or mitigation measures except as expressly aut…

(1) Each county and city having populations of ten thousand or more that plan under RCW 36.70A.040 shall designate permit assistance staff whose function it is to assist permit applicants. An existing employee may be designated as the permit assistance staff.(2) Permit assistance…

By July 31, 1997, a local government planning under RCW 36.70A.040 shall provide to the county assessor a copy of the local government's comprehensive plan and development regulations in effect on July 1st of that year and shall thereafter provide any amendments to the plan and r…

(1) Subject to the availability of funds appropriated for this specific purpose, the department of commerce must establish a consolidated permit review grant program. The department may award grants to any local government that provides, by ordinance, resolution, or other action,…

(1) Subject to the availability of funds appropriated for this specific purpose, the department of commerce must establish a grant program for local governments to update their permit review process from paper filing systems to software systems capable of processing digital permi…

(1) The department of commerce shall develop and provide technical assistance and guidance to counties and cities in setting fee structures under RCW 36.70B.160(1) to ensure that the fees are reasonable and sufficient to recover true costs. The guidance must include information o…

The department of commerce shall develop a template for counties and cities subject to the requirements in RCW 36.70B.080, which will be utilized for reporting data.[ 2023 c 338 s 11.]

During project review of a project to construct or improve facilities for the generation, transmission, or distribution of electricity, a local government may not require a project applicant to demonstrate the necessity or utility of the project other than to require, as part of …

(1) When a worksite contains a tower crane, the local government in which the tower crane is located must, at a minimum, do the following before any assembly, disassembly, or reconfiguration of the tower crane:(a) Align permit issuance for street closures with the definition of a…