wa-law.org > bill > 2025-26 > HB 1854 > Original Bill
The legislature finds that the need for families to provide for housing and also care for elderly family members is important, particularly in rural areas where housing options are far fewer. The legislature also finds that assisting families with their ability to live on the land and continue to farm is part of the rural character that has inadvertently been curtailed by interpretations of the growth management act that are not in statute related to size of lots outside of the urban growth areas. This act recognizes that the growth management act is supposed to foster the ability for farm families to live and work on the land.
As part of the requirement in RCW 36.70A.070 for the rural element to provide a variety of rural densities and uses and apply innovative techniques in RCW 36.70A.090, a county may allow for a family member to subdivide land for use or ownership of other family members.
Any county may permit the division of land outside of the urban growth area for the transfer or sale to a family member including, but not limited to, parents, children, grandchildren, spouses, and siblings when the requirements of this section are met.
In order for land to be divided under this section:
The original parcel or lot must have been owned for more than five years by the grantor or have been transferred from a family member that is deceased with ownership in the family for more than five years;
The subdivision application must identify the family member that each new lot is to be for and no receiving family member may have more than one lot; and
The lot sizes must be large enough to accommodate a residence and infrastructure, such as a well and on-site sewage system, yet are not required to be the same size as for a single residence being built on property not owned by family members required in local ordinances, comprehensive plans, or development regulations.
Except for lot size and setbacks, any development of a lot created under this section must conform with local regulations in place at the time the permits for development are submitted.
Decisions of a court or the growth management hearings board related to requiring a specific lot size for rural character that conflict with this section are replaced by the provisions of this section.
Any county may permit the division of land outside of the urban growth area for the transfer or sale to a family member including, but not limited to, parents, children, grandchildren, spouses, and siblings when the requirements of this section are met.
In order for land to be divided under this section:
The original parcel or lot must have been owned for more than five years by the grantor or have been transferred from a family member that is deceased with ownership in the family for more than five years;
The subdivision application must identify the family member that each new lot is to be for and no receiving family member may have more than one lot; and
The lot sizes must be large enough to accommodate a residence and infrastructure, such as a well and on-site sewage system, yet are not required to be the same size as for a single residence being built on property not owned by family members required in local ordinances, comprehensive plans, or development regulations.
Except for lot size and setbacks, any development of a lot created under this section must conform with local regulations in place at the time the permits for development are submitted.
This act may be known and cited as the family housing act.