wa-law.org > bill > 2025-26 > HB 2679 > Original Bill
The purpose of this act is to encourage the preservation of working economic property, promote a good neighbor policy between working economic and nonworking economic property owners by requiring notice to purchasers and users of property adjacent to or near working economic property of the inherent potential nuisances associated with such purchase or use, including the noises, odors, dust, chemicals, smoke, lighting, and hours of operations that may accompany working economic operations. Through mandatory disclosures purchasers and users will better understand the consequences of living near working economic operations and be prepared to accept attendant conditions as the natural result of living in or near working economic areas.
"Development permits" means the permit required prior to commencement of work on any land use development.
"Good management practices" means current, economically feasible management practices.
"Industrial and maritime products or services" means land, shore, and sea-based cargoes, products, and services, including:
Breakbulk raw materials;
Wood and lumber products;
Metal and steel products;
Gases, fuels, and chemical products;
Containerized cargoes of finished and unfinished goods;
Machinery, equipment, vehicles, and other vessels;
Operations such as painting, repairing, electrical work, welding, fabricating, and finishing; and
Any other service or operation required for a seagoing vessel or fleet of transportation vehicles such as fueling, bunkering, wastewater pumpout and management, and cleaning.
"Working economic area" means the land, shoreside, water, buildings and machinery, vessels, and vehicles used in the industrial operations inherent in industrial zoning, maritime trades businesses, maritime operations, and commercial industrial operations.
"Working economic operation" means a condition or activity which occurs within an industrially zoned or maritime trades designated area in connection with the commercial production, transportation and storage of land-based and sea-based products and services, and includes:
Movement and storage of cargoes;
Preparation for transport and delivery, delivery to storage or to market, or to carriers for transportation to market;
Transportation of equipment;
Storage and application of breakbulk and containerized cargo material;
Noise, dust, fumes, odors, and lights;
Operation of machinery and fans or pumps;
Application of chemical catalysts and manufacturing processes; and
The employment and use of labor.
Cities shall create a notice of disclosure for development permits issued for:
Land within one-half mile of an area designated as working economic property, industrial zoning, or relating to maritime trades according to the city's comprehensive plan; and
Land within one-half mile of land upon which working economic conditions or farm operations are being conducted.
These development permits must include a condition requiring the owners of the property to sign a statement of acknowledgment containing disclosure forms provided by the city.
The notice of disclosure must include the following information:
That the subject property is within or near designated working economic property, industrial zoning, or maritime trades on which a variety of commercial activities that may occur that are not compatible with residential development for certain periods of limited duration;
That the subject property may be subject to inconveniences or discomforts arising from the operations described in (a) of this subsection (3), including noise, odors, fumes, dust, smoke, lights, the operation of machinery of any kind during any 24-hour period, including aircraft and seagoing vessels, and the storage and application of industrial materials; and
That the city has determined the use of real property for economic operations is a high priority and favored use and will not be considered a nuisance for the inconveniences or discomforts arising from working economic operations, if such operations are consistent with commonly accepted good management practices and otherwise comply with local, state, and federal laws.
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Development permits issued pursuant to subsection (1) of this section must also include an agreement that the developer and any subsequent purchasers or successors in interest shall agree to refrain from any legal action to restrain or collect damages from the owners of the adjacent working economic property, industrially zoned property, or maritime trade designated land arising out of any reasonable and lawful activity on that property in the normal course of its established use.
The agreement in (a) of this subsection (4) must appear as a covenant or deed restriction upon the subject property, or the plat and each lot of the subject property, and will run with the land. The covenant or deed restriction may be removed by submission to and approval by the city legislative authority through a petition representing a majority of the land owned by property owners within one-half mile of the subject property or plat boundary. The city may only remove the restriction upon a finding that the risk of liability to the city will not be increased.
The statement of acknowledgment signed pursuant to subsection (2) of this section must be recorded in the county auditor's office.
Any land, shore, or sea-based industrial operation, facility, or its appurtenances, regardless of past or future changes in the surrounding area's land use or zoning designation, that is conducted or maintained for commercial purposes in a manner consistent with zoning regulations and current good management practices, and which does not supersede local, state, or federal regulations, may not be determined to be a nuisance.
This act may be known and cited as the coastal communities transparency act.