wa-law.org > bill > 2023-24 > HB 2126 > Original Bill
The legislature finds that Washingtonians are in a housing crisis and the state needs to produce another 1.1 million homes by 2044 to meet its housing needs. The legislature also finds that accessory dwelling units provide affordable housing, can be built quickly, and can provide supplemental income for property owners. Accessory dwelling units are especially needed in rural communities that do not yet have the infrastructure for larger scale development. Therefore, it is the intent of the legislature to provide pathways for the construction of accessory dwelling units in both urban and rural areas.
A county may authorize development of detached accessory dwelling units in rural areas on lots of any size, even where otherwise prohibited by the county's comprehensive plan, countywide planning policy, or multicounty planning policy, if the detached accessory dwelling units are subject to development regulations that include the following requirements:
A parcel may not have more than one accessory dwelling unit, whether attached or detached.
The detached accessory dwelling unit must be subject to the water supply requirements in RCW 19.27.097 and the following additional requirements:
The detached accessory dwelling unit may not be located on a parcel that uses a water source that is closed to further appropriation.
The detached accessory dwelling unit must use water that is part of the water right for the primary dwelling.
Withdrawals of water by each dwelling unit on the parcel must be metered.
The detached accessory dwelling unit may not be located within, or encroach upon, any existing buffers around critical areas.
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The building permit applicant for the detached accessory dwelling unit must provide documentation demonstrating that the existing or proposed sewage, septic, or on-site sewage system can handle the additional demand placed upon it by the detached accessory dwelling unit.
If the detached accessory dwelling unit will be connected to an existing septic or on-site sewage system, the septic or on-site sewage system must be inspected, prior to issuance of the building permit, by a licensed contractor to ensure that the system is in good working order and capable of handling the increased demand placed upon it by the detached accessory dwelling unit.
The floor area of the detached accessory dwelling unit may not exceed 1,296 square feet, or the square footage that could be authorized by the county as an expansion of the primary dwelling to create an attached accessory dwelling unit, whichever is less. The floor area does not include garages, porches, and unfinished basements.
The detached accessory dwelling unit must be constructed such that exterior materials, roof form, window spacing, and proportions approximate those of the primary dwelling, except if the detached accessory dwelling unit is a mobile home or manufactured home.
The detached accessory dwelling unit must use the same driveway as the primary dwelling.
The detached accessory dwelling unit must be sited to prevent loss of land that is defined as "agricultural land" or "forestland" under this chapter.
Subsection (1) of this section is cumulative to other county authority enumerated in this chapter and does not:
Affect or modify the validity of any county ordinance authorizing accessory dwelling units adopted prior to the effective date of this section;
Exclude other means of authorizing accessory dwelling units in urban or rural areas, if consistent with this section; or
Exclude other innovative techniques under RCW 36.70A.070(5)(b), 36.70A.090, or 36.70A.177, if consistent with this section.
The comprehensive plan, countywide planning policy, or multicounty planning policy for any county that authorizes the development of detached accessory dwelling units in rural areas under subsection (1) of this section must be amended, at its next regularly scheduled update, to allow development of detached accessory dwelling units in rural areas consistent with subsection (1) of this section.
Population growth from the development of detached accessory dwelling units that comply with the requirements of subsection (1) of this section may not be counted for the purpose of determining whether a county is achieving rural or urban growth targets contained in a comprehensive plan, countywide planning policy, or multicounty planning policy.
The definitions in this section apply throughout RCW 36.70A.697, 36.70A.698, 36.70A.680, 36.70A.681, and section 1 of this act unless the context clearly requires otherwise.
"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.
"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.
"City" means any city, code city, and town located in a county planning under RCW 36.70A.040.
"County" means any county planning under RCW 36.70A.040.
"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.
"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.
"Gross floor area" means the interior habitable area of a dwelling unit including basements and attics but not including a garage or accessory structure.
"Major transit stop" means:
A stop on a high capacity transportation system funded or expanded under the provisions of chapter 81.104 RCW;
Commuter rail stops;
Stops on rail or fixed guideway systems, including transitways;
Stops on bus rapid transit routes or routes that run on high occupancy vehicle lanes; or
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.
"Owner" means any person who has at least 50 percent ownership in a property on which an accessory dwelling unit is located.
"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.
"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.
A county or a city may use a variety of innovative zoning techniques in areas designated as agricultural lands of long-term commercial significance under RCW 36.70A.170. The innovative zoning techniques should be designed to conserve agricultural lands and encourage the agricultural economy. Except as provided in subsection (3) of this section, a county or city should encourage nonagricultural uses to be limited to lands with poor soils or otherwise not suitable for agricultural purposes.
Innovative zoning techniques a county or city may consider include, but are not limited to:
Agricultural zoning, which limits the density of development and restricts or prohibits nonfarm uses of agricultural land and may allow accessory uses, including nonagricultural accessory uses and activities, that support, promote, or sustain agricultural operations and production, as provided in subsection (3) of this section;
Cluster zoning, which allows new development on one portion of the land, leaving the remainder in agricultural or open space uses;
Large lot zoning, which establishes as a minimum lot size the amount of land necessary to achieve a successful farming practice;
Quarter/quarter zoning, which permits one residential dwelling on a one-acre minimum lot for each one-sixteenth of a section of land; and
Sliding scale zoning, which allows the number of lots for single-family residential purposes with a minimum lot size of one acre to increase inversely as the size of the total acreage increases.
Accessory uses allowed under subsection (2)(a) of this section shall comply with the following:
Accessory uses shall be located, designed, and operated so as to not interfere with, and to support the continuation of, the overall agricultural use of the property and neighboring properties, and shall comply with the requirements of this chapter;
Accessory uses may include:
Agricultural accessory uses and activities, including but not limited to the storage, distribution, and marketing of regional agricultural products from one or more producers, agriculturally related experiences, or the production, marketing, and distribution of value-added agricultural products, including support services that facilitate these activities; and
Nonagricultural accessory uses and activities as long as they are consistent with the size, scale, and intensity of the existing agricultural use of the property and the existing buildings on the site. Nonagricultural accessory uses and activities, including new buildings, parking, or supportive uses, shall not be located outside the general area already developed for buildings and residential uses and shall not otherwise convert more than one acre of agricultural land to nonagricultural uses; and
Counties and cities have the authority to limit or exclude accessory uses otherwise authorized in this subsection (3) in areas designated as agricultural lands of long-term commercial significance.
This section shall not be interpreted to limit agricultural production on designated agricultural lands.
This section may not be interpreted to limit the development of detached accessory dwelling units that comply with the requirements of section 2(1) of this act.
(1)(a) Each comprehensive land use plan and development regulations shall be subject to continuing review and evaluation by the county or city that adopted them. Except as otherwise provided, a county or city shall take legislative action to review and, if needed, revise its comprehensive land use plan and development regulations to ensure the plan and regulations comply with the requirements of this chapter according to the deadlines in subsections (4) and (5) of this section.
The legislature recognizes that counties are regional governments within their boundaries, and cities are primary providers of urban governmental services within urban growth areas. For the purposes of this section, a "countywide planning policy" is a written policy statement or statements used solely for establishing a countywide framework from which county and city comprehensive plans are developed and adopted pursuant to this chapter. This framework shall ensure that city and county comprehensive plans are consistent as required in RCW 36.70A.100. Nothing in this section shall be construed to alter the land-use powers of cities.
The legislative authority of a county that plans under RCW 36.70A.040 shall adopt a countywide planning policy in cooperation with the cities located in whole or in part within the county as follows:
No later than 60 calendar days from July 16, 1991, the legislative authority of each county that as of June 1, 1991, was required or chose to plan under RCW 36.70A.040 shall convene a meeting with representatives of each city located within the county for the purpose of establishing a collaborative process that will provide a framework for the adoption of a countywide planning policy. In other counties that are required or choose to plan under RCW 36.70A.040, this meeting shall be convened no later than 60 days after the date the county adopts its resolution of intention or was certified by the office of financial management.
The process and framework for adoption of a countywide planning policy specified in (a) of this subsection shall determine the manner in which the county and the cities agree to all procedures and provisions including but not limited to desired planning policies, deadlines, ratification of final agreements and demonstration thereof, and financing, if any, of all activities associated therewith.
If a county fails for any reason to convene a meeting with representatives of cities as required in (a) of this subsection, the governor may immediately impose any appropriate sanction or sanctions on the county from those specified under RCW 36.70A.340.
If there is no agreement by October 1, 1991, in a county that was required or chose to plan under RCW 36.70A.040 as of June 1, 1991, or if there is no agreement within 120 days of the date the county adopted its resolution of intention or was certified by the office of financial management in any other county that is required or chooses to plan under RCW 36.70A.040, the governor shall first inquire of the jurisdictions as to the reason or reasons for failure to reach an agreement. If the governor deems it appropriate, the governor may immediately request the assistance of the department of commerce to mediate any disputes that preclude agreement. If mediation is unsuccessful in resolving all disputes that will lead to agreement, the governor may impose appropriate sanctions from those specified under RCW 36.70A.340 on the county, city, or cities for failure to reach an agreement as provided in this section. The governor shall specify the reason or reasons for the imposition of any sanction.
No later than July 1, 1992, the legislative authority of each county that was required or chose to plan under RCW 36.70A.040 as of June 1, 1991, or no later than 14 months after the date the county adopted its resolution of intention or was certified by the office of financial management the county legislative authority of any other county that is required or chooses to plan under RCW 36.70A.040, shall adopt a countywide planning policy according to the process provided under this section and that is consistent with the agreement pursuant to (b) of this subsection, and after holding a public hearing or hearings on the proposed countywide planning policy.
A countywide planning policy shall at a minimum, address the following:
Policies to implement RCW 36.70A.110;
Policies for promotion of contiguous and orderly development and provision of urban services to such development;
Policies for siting public capital facilities of a countywide or statewide nature, including transportation facilities of statewide significance as defined in RCW 47.06.140;
Policies for countywide transportation facilities and strategies;
Policies that consider the need for affordable housing, such as housing for all economic segments of the population and parameters for its distribution;
Policies for joint county and city planning within urban growth areas;
Policies for countywide economic development and employment, which must include consideration of the future development of commercial and industrial facilities;
An analysis of the fiscal impact; and
Federal agencies and federally recognized Indian tribes whose reservation or ceded lands lie within the county shall be invited to participate in and cooperate with the countywide planning policy adoption process. Adopted countywide planning policies shall be adhered to by state agencies.
Failure to adopt a countywide planning policy that meets the requirements of this section may result in the imposition of a sanction or sanctions on a county or city within the county, as specified in RCW 36.70A.340. In imposing a sanction or sanctions, the governor shall specify the reasons for failure to adopt a countywide planning policy in order that any imposed sanction or sanctions are fairly and equitably related to the failure to adopt a countywide planning policy.
Cities and the governor may appeal an adopted countywide planning policy to the growth management hearings board within 60 days of the adoption of the countywide planning policy.
Multicounty planning policies shall be adopted by two or more counties, each with a population of 450,000 or more, with contiguous urban areas and may be adopted by other counties, according to the process established under this section or other processes agreed to among the counties and cities within the affected counties throughout the multicounty region.
The countywide planning policy or multicounty planning policy for any county that authorizes the development of detached accessory dwelling units in rural areas under section 2 of this act must be amended, at its next regularly scheduled update, to allow development of detached accessory dwelling units in rural areas consistent with section 2 of this act. Population growth from the development of detached accessory dwelling units that comply with the requirements of section 2(1) of this act may not be counted for the purpose of determining whether a county is achieving rural or urban growth targets contained in a countywide planning policy or multicounty planning policy.