wa-law.org > bill > 2025-26 > SB 5633 > Substitute Bill
As used in this chapter, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this section shall have the indicated meanings.
The provisions of this chapter shall not apply to:
Cemeteries and other burial plots while used for that purpose;
Divisions of land into lots or tracts each of which is one-one hundred twenty-eighth of a section of land or larger, or five acres or larger if the land is not capable of description as a fraction of a section of land, unless the governing authority of the city, town, or county in which the land is situated shall have adopted a subdivision ordinance requiring plat approval of such divisions: PROVIDED, That for purposes of computing the size of any lot under this item which borders on a street or road, the lot size shall be expanded to include that area that would be bounded by the center line of the road or street and the side lot lines of the lot running perpendicular to such center line;
Divisions made by testamentary provisions, or the laws of descent;
Divisions of land into lots or tracts classified for industrial or commercial use when the city, town, or county has approved a binding site plan for the use of the land in accordance with local regulations. For the purposes of this section, commercially zoned property includes property that is zoned to permit or conditionally permit any multifamily residential uses;
A division for the purpose of lease when no residential structure other than mobile homes, tiny houses or tiny houses with wheels as defined in RCW 35.21.686, or travel trailers are permitted to be placed upon the land when the city, town, or county has approved a binding site plan for the use of the land in accordance with local regulations;
A division made for the purpose of alteration by adjusting boundary lines, between platted or unplatted lots or both, which does not : (a) Create any additional lot, tract, or division ; (b) create any lot, tract, or division which contains insufficient area and dimension to meet minimum requirements for width and area for a building site under applicable development regulations; or (c) create any lot, tract, or division that is not buildable according to locally adopted development regulations for critical areas, shorelines, stormwater, setbacks, impervious surface areas, or building coverage standards;
Divisions of land into lots or tracts if: (a) Such division is the result of subjecting a portion of a parcel or tract of land to either chapter 64.32 or 64.34 RCW subsequent to the recording of a binding site plan for all such land; (b) the improvements constructed or to be constructed thereon are required by the provisions of the binding site plan to be included in one or more condominiums or owned by an association or other legal entity in which the owners of units therein or their owners' associations have a membership or other legal or beneficial interest; (c) a city, town, or county has approved the binding site plan for all such land; (d) such approved binding site plan is recorded in the county or counties in which such land is located; and (e) the binding site plan contains thereon the following statement: "All development and use of the land described herein shall be in accordance with this binding site plan, as it may be amended with the approval of the city, town, or county having jurisdiction over the development of such land, and in accordance with such other governmental permits, approvals, regulations, requirements, and restrictions that may be imposed upon such land and the development and use thereof. Upon completion, the improvements on the land shall be included in one or more condominiums or owned by an association or other legal entity in which the owners of units therein or their owners' associations have a membership or other legal or beneficial interest. This binding site plan shall be binding upon all now or hereafter having any interest in the land described herein." The binding site plan may, but need not, depict or describe the boundaries of the lots or tracts resulting from subjecting a portion of the land to either chapter 64.32 or 64.34 RCW. A site plan shall be deemed to have been approved if the site plan was approved by a city, town, or county: (i) In connection with the final approval of a subdivision plat or planned unit development with respect to all of such land; or (ii) in connection with the issuance of building permits or final certificates of occupancy with respect to all of such land; or (iii) if not approved pursuant to (i) and (ii) of this subsection (7)(e), then pursuant to such other procedures as such city, town, or county may have established for the approval of a binding site plan;
A division for the purpose of leasing land for facilities providing personal wireless services while used for that purpose. "Personal wireless services" means any federally licensed personal wireless service. "Facilities" means unstaffed facilities that are used for the transmission or reception, or both, of wireless communication services including, but not necessarily limited to, antenna arrays, transmission cables, equipment shelters, and support structures;
A division of land into lots or tracts of less than three acres that is recorded in accordance with chapter 58.09 RCW and is used or to be used for the purpose of establishing a site for construction and operation of consumer-owned or investor-owned electric utility facilities. For purposes of this subsection, "electric utility facilities" means unstaffed facilities, except for the presence of security personnel, that are used for or in connection with or to facilitate the transmission, distribution, sale, or furnishing of electricity including, but not limited to, electric power substations. This subsection does not exempt a division of land from the zoning and permitting laws and regulations of cities, towns, counties, and municipal corporations. Furthermore, this subsection only applies to electric utility facilities that will be placed into service to meet the electrical needs of a utility's existing and new customers. New customers are defined as electric service locations not already in existence as of the date that electric utility facilities subject to the provisions of this subsection are planned and constructed; and
A division of land into lots or tracts of less than two acres that is recorded in accordance with chapter 58.09 RCW and is used or to be used for the purpose of establishing a site for construction and operation of a rural fire district station, provided the proposed lots or tracts contain sufficient area and dimensions to meet minimum building site width and area requirements, and appropriate provisions are made for potable water supplies and sanitary wastes.
The provisions of this chapter shall not apply to:
Cemeteries and other burial plots while used for that purpose;
Divisions of land into lots or tracts each of which is one-one hundred twenty-eighth of a section of land or larger, or five acres or larger if the land is not capable of description as a fraction of a section of land, unless the governing authority of the city, town, or county in which the land is situated shall have adopted a subdivision ordinance requiring plat approval of such divisions: PROVIDED, That for purposes of computing the size of any lot under this item which borders on a street or road, the lot size shall be expanded to include that area that would be bounded by the center line of the road or street and the side lot lines of the lot running perpendicular to such center line;
Divisions made by testamentary provisions, or the laws of descent;
Divisions of land into lots or tracts classified for industrial or commercial use when the city, town, or county has approved a binding site plan for the use of the land in accordance with local regulations. For the purposes of this section, commercially zoned property includes property that is zoned to permit or conditionally permit any multifamily residential uses;
A division for the purpose of lease when no residential structure other than mobile homes, tiny houses or tiny houses with wheels as defined in RCW 35.21.686, or travel trailers are permitted to be placed upon the land when the city, town, or county has approved a binding site plan for the use of the land in accordance with local regulations;
A division made for the purpose of alteration by adjusting boundary lines, between platted or unplatted lots or both, which does not : (a) Create any additional lot, tract, or division ; (b) create any lot, tract, or division which contains insufficient area and dimension to meet minimum requirements for width and area for a building site under applicable development regulations; or (c) create any lot, tract, or division that is not buildable according to locally adopted development regulations for critical areas, shorelines, stormwater, setbacks, impervious surface areas, or building coverage standards;
Divisions of land into lots or tracts if: (a) Such division is the result of subjecting a portion of a parcel or tract of land to chapter 64.90 RCW subsequent to the recording of a binding site plan for all such land; (b) the improvements constructed or to be constructed thereon are required by the provisions of the binding site plan to be included in one or more condominiums, cooperatives, or owned by an association or other legal entity in which the owners of units therein or their owners associations have a membership or other legal or beneficial interest; (c) a city, town, or county has approved the binding site plan for all such land; (d) such approved binding site plan is recorded in the county or counties in which such land is located; and (e) the binding site plan contains thereon the following statement: "All development and use of the land described herein shall be in accordance with this binding site plan, as it may be amended with the approval of the city, town, or county having jurisdiction over the development of such land, and in accordance with such other governmental permits, approvals, regulations, requirements, and restrictions that may be imposed upon such land and the development and use thereof. Upon completion, the improvements on the land shall be included in one or more condominiums, cooperatives, or owned by an association or other legal entity in which the owners of units therein or their owners associations have a membership or other legal or beneficial interest. This binding site plan shall be binding upon all now or hereafter having any interest in the land described herein." The binding site plan may, but need not, depict or describe the boundaries of the lots or tracts resulting from subjecting a portion of the land to chapter 64.90 RCW. A site plan shall be deemed to have been approved if the site plan was approved by a city, town, or county: (i) In connection with the final approval of a subdivision plat or planned unit development with respect to all of such land; or (ii) in connection with the issuance of building permits or final certificates of occupancy with respect to all of such land; or (iii) if not approved pursuant to (i) and (ii) of this subsection (7)(e), then pursuant to such other procedures as such city, town, or county may have established for the approval of a binding site plan;
A division for the purpose of leasing land for facilities providing personal wireless services while used for that purpose. "Personal wireless services" means any federally licensed personal wireless service. "Facilities" means unstaffed facilities that are used for the transmission or reception, or both, of wireless communication services including, but not necessarily limited to, antenna arrays, transmission cables, equipment shelters, and support structures;
A division of land into lots or tracts of less than three acres that is recorded in accordance with chapter 58.09 RCW and is used or to be used for the purpose of establishing a site for construction and operation of consumer-owned or investor-owned electric utility facilities. For purposes of this subsection, "electric utility facilities" means unstaffed facilities, except for the presence of security personnel, that are used for or in connection with or to facilitate the transmission, distribution, sale, or furnishing of electricity including, but not limited to, electric power substations. This subsection does not exempt a division of land from the zoning and permitting laws and regulations of cities, towns, counties, and municipal corporations. Furthermore, this subsection only applies to electric utility facilities that will be placed into service to meet the electrical needs of a utility's existing and new customers. New customers are defined as electric service locations not already in existence as of the date that electric utility facilities subject to the provisions of this subsection are planned and constructed; and
A division of land into lots or tracts of less than two acres that is recorded in accordance with chapter 58.09 RCW and is used or to be used for the purpose of establishing a site for construction and operation of a rural fire district station, provided the proposed lots or tracts contain sufficient area and dimensions to meet minimum building site width and area requirements, and appropriate provisions are made for potable water supplies and sanitary wastes.
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b. A city, town, or county may not require a public predecision meeting or hearing, or any design review other than administrative design review, except for those required to comply with state law, including chapter 90.58 RCW. A preapplication conference with the city, town, or county may only be required consistent with RCW 36.70B.070(5).
c. If an applicant for preliminary plat approval also submits related applications for approval of rezones, variances, planned unit developments, site plan approvals, development agreements, and any other similar quasi-judicial or administrative actions, then all such applications must be processed concurrently with the preliminary plat application to the extent that procedural requirements applicable to these actions allow for concurrent processing. Upon filing a complete application for preliminary plat approval, the local government shall provide notice to adjacent landowners as provided in development regulations adopted by the city, town, or county pursuant to chapter 36.70B RCW. For purposes of this section, adjacent landowners are the owners of real property, as shown by the records of the county assessor, located within 250 feet of any portion of the boundary of the proposed subdivision. If the owner of the real property which is proposed to be subdivided owns another parcel or parcels of real property that lie adjacent to the real property proposed to be subdivided, notice under this section must be given to owners of real property located within 250 feet of any portion of the boundaries of such adjacently located parcels.
d. A public hearing may not be required for approval of a plat application for a proposed subdivision except as provided herein. A city, town, or county may provide for a public hearing.
All cities and towns located in a county planning under RCW 36.70A.040 shall adopt or enact procedures for unit lot subdivisions. Portions of the parent lot not subdivided for individual unit lots shall be owned in common by the owners of the individual unit lots, or by a homeowners' association comprised of the owners of the individual unit lots.
These procedures shall include, at a minimum, the requirement that prominent informational notes be placed on the unit lot subdivision's plat, and recorded in the county or counties in which such land is located, to acknowledge each of the following:
ii. Subsequent subdivision actions, additions, or modifications to the unit lot housing development project's structures may not create or increase any nonconformity of the parent lot as a whole, and shall conform to the approved unit lot housing development project or to the land use and development standards in effect at the time of the proposed actions, additions, or modifications;
iii. If a structure or portion of a structure within the unit lot housing development project has been damaged or destroyed, any repair, reconstruction, or replacement of any structure shall conform to the approved unit lot housing development project or to the land use and development standards in effect at the time the proposed repair, reconstruction, or replacement project's permit application becomes vested; and
iv. Additional development or redevelopment of the individual unit lots may be limited as a result of the application of development standards to the parent lot.
These procedures shall also:
Not require any public predecision meeting or hearing, nor any design review other than administrative design review, except for those required to comply with state law, including chapter 90.58 RCW. A city must ensure that the community and property owners within 250 feet of the unit lot to be subdivided are provided notice consistent with RCW 36.70B.110 of how to provide written comments to the administrative decision maker, including through notice posted on the closest public sidewalk or roadway;
Apply only clear and objective design and development standards;
Be logically integrated with the application, review, and approval procedures that apply to the underlying unit lot housing development project to the greatest extent feasible; and
Be specifically subject to the maximum time period for local government actions as set forth in RCW 36.70B.080, unless extended pursuant to project-specific mutual agreement as permitted by RCW 36.70B.080.
After the deadlines in (e) of this subsection, no city or town subject to this section may decline to accept, process, or approve an application for a unit lot subdivision, consistent with the procedural requirements of (a) and (b) of this subsection, solely because that city or town has not completed adoption or enactment of the procedures required under this section.
Nothing in this section:
Prohibits a city or county from applying public health, safety, building code, and environmental permitting requirements to a development project that is subject to or integrated with a unit lot subdivision process;
Requires a city or county to authorize a development project or a unit lot subdivision in a location where development is restricted under other laws, rules, or ordinances, such as in locations where development is limited as a result of physical proximity to on-site sewage system infrastructure, critical areas, or other unsuitable physical characteristics of a property.
Cities and towns that are required to submit their next comprehensive plan update in 2027 pursuant to RCW 36.70A.130 must adopt or amend by ordinance, and incorporate into their development regulations, zoning regulations, and other official controls, the requirements of this section in their next comprehensive plan update. All other cities and towns must implement the requirements of this section within two years of July 27, 2025.
Nothing in this subsection alters the vesting requirements set forth in RCW 58.17.033.
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Any county, city, or town that is not required by this chapter to approve a preliminary plat application administratively without a public hearing may adopt an ordinance providing for the administrative review of a preliminary plat without a public hearing by adopting an ordinance providing for such administrative review. The ordinance may specify a threshold number of lots in a subdivision above which a public hearing must be held, and may specify other factors which necessitate the holding of a public hearing.
The notice requirements
of the administrative review process must be set forth in development regulations adopted by the city, town, or county pursuant to chapter 36.70B RCW, which may include, but are not limited to: (a) Requiring posting notice on or around the land proposed to be subdivided to attract public awareness of the proposal; (b) mailing notice of the proposed subdivision to neighboring property owners located within at least 200 feet of the site, including notification that no public hearing will be held on the application, except as provided by this section; and (c) the process and time requirements for the public to comment on the proposed subdivision and for the applicant to respond to the comments in writing.
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The administrative personnel shall review the public use and interest proposed to be served by the establishment of the subdivision and dedication.
A subdivision and dedication shall not be approved unless the administrative personnel make written findings consistent with applicable development regulations that:
Appropriate provisions are made for, but not limited to, the public health, safety, and general welfare, for open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and schoolgrounds, and shall consider all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who walk to and from school; and
The public interest will be served by the subdivision and dedication.
The administrative personnel may impose conditions of approval as necessary to ensure compliance with these standards. Every approval, conditional approval, or denial must be in writing and include findings of fact and conclusions to support the decision. If these findings cannot be made, the application must be denied.
Dedication of land to any public body, provision of public improvements to serve the subdivision, and/or impact fees imposed under RCW 82.02.050 through 82.02.090 may be required as a condition of subdivision approval. Dedications shall be clearly shown on the final plat. No dedication, provision of public improvements, or impact fees imposed under RCW 82.02.050 through 82.02.090 shall be allowed that constitutes an unconstitutional taking of private property. Approval of any subdivision shall not be conditioned upon obtaining a release from damages to be procured from other property owners.
If the preliminary plat includes a dedication of a public park with an area of less than two acres and the donor has designated that the park be named in honor of a deceased individual of good character, the city, town, or county legislative body must adopt the designated name.
If water supply is to be provided by a groundwater withdrawal exempt from permitting under RCW 90.44.050, the applicant's compliance with RCW 90.44.050 and with applicable rules adopted pursuant to chapters 90.22 and 90.54 RCW is sufficient in determining appropriate provisions for water supply for a subdivision, dedication under this chapter.
If requested by the administrative personnel, the applicant shall provide written responses to timely submitted public comments prior to issuance of a final decision.
The city, town, or county administrative personnel shall consider the physical characteristics of a proposed subdivision site and may disapprove a proposed plat because of flood, inundation, or swamp conditions. Construction of protective improvements may be required as a condition of approval, and such improvements shall be noted on the final plat.
No plat shall be approved by any city, town, or county covering any land situated in a flood control zone as provided in chapter 86.16 RCW without the prior written approval of the department of ecology of the state of Washington.
Local regulations shall provide that in lieu of the completion of the actual construction of any required improvements prior to the approval of a final plat, the city, town, or county may accept a bond, in an amount and with surety and conditions satisfactory to it, or other secure method, providing for and securing to the municipality the actual construction and installation of such improvements within a period specified by the city, town, or county administrative personnel and expressed in the bonds. In addition, local regulations may provide for methods of security, including the posting of a bond securing to the municipality the successful operation of improvements for an appropriate period of time up to two years after final approval. The municipality is hereby granted the power to enforce bonds authorized under this section by all appropriate legal and equitable remedies. Such local regulations may provide that the improvements such as structures, sewers, and water systems shall be designed and certified by or under the supervision of a registered civil engineer prior to the acceptance of such improvements.
1.
A final plat meeting all requirements of this chapter shall be submitted to the administrative personnel for approval within five years of the date of preliminary plat approval .
Each preliminary plat submitted for final approval of the administrative personnel shall be accompanied by the following agencies' recommendations for approval or disapproval:
Local health department or other agency furnishing sewage disposal and supplying water as to the adequacy of the proposed means of sewage disposal and water supply;
The administrative personnel charged with the responsibility of reviewing plats and subdivisions, as to compliance with all terms of the preliminary approval of the proposed plat subdivision or dedication;
City, town or county engineer.
Except as provided in RCW 58.17.140, an agency or person issuing a recommendation for subsequent approval under subsections (1) and (3) of this section shall not modify the terms of its recommendations without the consent of the applicant.
Every final plat of a subdivision filed for record must contain a certificate giving a full and correct description of the lands divided as they appear on the plat , including a statement that the subdivision has been made with the free consent and in accordance with the desires of the owner or owners.
If the plat is subject to a dedication, the certificate or a separate written instrument shall contain the dedication of all streets and other areas to the public, and individual or individuals, religious society or societies or to any corporation, public or private as shown on the plat and a waiver of all claims for damages against any governmental authority which may be occasioned to the adjacent land by the established construction, drainage and maintenance of said road. Said certificate or instrument of dedication shall be signed and acknowledged before a notary public by all parties having any ownership interest in the lands subdivided and recorded as part of the final plat.
Every plat containing a dedication filed for record must be accompanied by a title report confirming that the title of the lands as described and shown on said plat is in the name of the owners signing the certificate or instrument of dedication.
An offer of dedication may include a waiver of right of direct access to any street from any property, and if the dedication is accepted, any such waiver is effective. Such waiver may be required by local authorities as a condition of approval. Roads not dedicated to the public must be clearly marked on the face of the plat. Any dedication, donation or grant as shown on the face of the plat shall be considered to all intents and purposes, as a quitclaim deed to the said donee or donees, grantee or grantees for his, her or their use for the purpose intended by the donors or grantors as aforesaid.
2.Any lots in a final plat filed for record shall be a valid land use notwithstanding any change in zoning laws for a period of five years from the date of filing
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3.A subdivision shall be governed by the terms of approval of the final plat, and the statutes, ordinances, and regulations in effect at the time of approval for a period of five years after final plat approval , unless the administrative personnel find that a change in conditions creates a serious threat to the public health or safety in the subdivision.
The county auditor shall refuse to accept any plat for filing until approval of the plat has been given by the administrative personnel, or such other agency as authorized by RCW 58.17.100. Should a plat or dedication be filed without such approval, the prosecuting attorney of the county in which the plat is filed shall apply for a writ of mandate in the name of and on behalf of the city, town, or county required to approve same, directing the auditor and assessor to remove from their files or records the unapproved plat, or dedication of record.
No plat may be approved unless the administrative personnel make a written finding of fact that the proposed subdivision is in conformity with any applicable development regulations or other land use controls .
Whenever any parcel of land is subdivided into lots, tracts, or blocks in accordance with this chapter and any person, firm, or corporation or any agent of any of them sells or transfers, or offers or advertises for sale or transfer, any such lot, tract, or block without having a final plat of such subdivision filed for record, the prosecuting attorney shall commence an action to restrain and enjoin further subdivisions or sales, or transfers, or offers of sale or transfer and compel compliance with all provisions of this chapter. The costs of such action shall be taxed against the person, firm, corporation or agent selling or transferring the property.
Whenever any person is interested in the vacation of any subdivision or portion thereof, or any area designated or dedicated for public use, that person shall file an application for vacation with the legislative authority of the city, town, or county in which the subdivision is located. The application shall set forth the reasons for vacation and shall contain signatures of all parties having an ownership interest in that portion of the subdivision subject to vacation. If the subdivision is subject to restrictive covenants which were filed at the time of the approval of the subdivision, and the application for vacation would result in the violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the vacation of the subdivision or portion thereof.
When the vacation application is specifically for a county road or city or town street, the procedures for road vacation or street vacation in chapter 36.87 or 35.79 RCW shall be utilized for the road or street vacation. When the application is for the vacation of the plat together with the roads and/or streets, the procedure for vacation in this section shall be used, but vacations of streets may not be made that are prohibited under RCW 35.79.035, and vacations of roads may not be made that are prohibited under RCW 36.87.130.
The legislative authority of the city, town, or county shall give notice as provided in development regulations adopted by the city, town, or county pursuant to chapter 36.70B RCW and, to the extent required under such development regulations, shall conduct a public hearing on the application for a vacation and may approve or deny the application for vacation of the subdivision after determining the public use and interest to be served by the vacation of the subdivision. If any portion of the land contained in the subdivision was dedicated to the public for public use or benefit, such land, if not deeded to the city, town, or county, shall be deeded to the city, town, or county unless the legislative authority shall set forth findings that the public use would not be served in retaining title to those lands.
Title to the vacated property shall vest with the rightful owner as shown in the county records. If the vacated land is land that was dedicated to the public, for public use other than a road or street, and the legislative authority has found that retaining title to the land is not in the public interest, title thereto shall vest with the person or persons owning the property on each side thereof, as determined by the legislative authority. When the road or street that is to be vacated was contained wholly within the subdivision and is part of the boundary of the subdivision, title to the vacated road or street shall vest with the owner or owners of property contained within the vacated subdivision.
This section shall not be construed as applying to the vacation of any plat of state-granted tidelands or shorelands.
When any person is interested in the alteration of any subdivision or the altering of any portion thereof that includes any area designated or dedicated for public use, except as provided in RCW 58.17.040(6), that person shall submit an application to request the alteration to the legislative authority of the city, town, or county where the subdivision is located. The application shall contain the signatures of the majority of those persons having an ownership interest of lots, tracts, parcels, sites, or divisions in the subject subdivision or portion to be altered. If the subdivision is subject to restrictive covenants which were filed at the time of the approval of the subdivision, and the application for alteration would result in the violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the alteration of the subdivision or portion thereof.
Upon receipt of an application for alteration, the administrative personnel shall provide notice of the application to all owners of property within the subdivision, and as provided for in RCW 58.17.060. Any notice required by this section must include a description of the proposed alteration, note that there will not be a public hearing, and note that comments are due on the application within the time period established by the city, town, or county pursuant to RCW 36.70B.110(2)(e).
The administrative personnel shall determine the public use and interest in the proposed alteration and may deny or approve the application for alteration. If any land within the alteration is part of an assessment district, any outstanding assessments shall be equitably divided and levied against the remaining lots, parcels, or tracts, or be levied equitably on the lots resulting from the alteration. If any land within the alteration contains a dedication to the general use of persons residing within the subdivision, such land may be altered and divided equitably between the adjacent properties.
After approval of the alteration, the administrative personnel shall order the applicant to produce a revised drawing of the approved alteration of the plat , which after signature of the administrative personnel, shall be filed with the county auditor to become the lawful plat of the property.
This section shall not be construed as applying to the alteration or replatting of any plat of state-granted tidelands or shorelands.
Any hearing required by development regulations adopted by a city, town, or county for the vacation of a subdivision pursuant to RCW 58.17.212or the alteration of a subdivision pursuant to RCW 58.17.215 may be administered by either a hearings examiner as provided in RCW 58.17.330 or such other administrative personnel designated in development regulations adopted by the city, town, or county.
Whenever a survey of a proposed subdivision reveals a discrepancy, the discrepancy shall be noted on the face of the final plat . Any discrepancy shall be disclosed in a title report prepared by a title insurer and issued after the filing of the final plat . As used in this section, "discrepancy" means: (1) A boundary hiatus; (2) an overlapping boundary; or (3) a physical appurtenance, which indicates encroachment, lines of possession, or conflict of title.
Any city, town or county shall, by ordinance, regulate the procedure whereby subdivisions, streets, lots and blocks are named and numbered. A lot numbering system and a house address system, however, shall be provided by the municipality for subdivisions and must be clearly shown on the final plat at the time of approval.
Whenever a city, town, or county receives an application for the approval of a plat for a subdivision that lies in whole or in part in an irrigation district organized pursuant to chapter 87.03 RCW, the administrative personnel shall give written notice of the application, including a legal description of the subdivision and a location map, to the irrigation district. The irrigation district shall, after receiving the notice, submit to the administrative personnel who furnished the notice a statement with any information or conditions for approval that the irrigation district deems to be necessary regarding the proposed subdivision's effect upon the structural integrity, including lateral support, of the irrigation district facilities, other risk exposures, and the safety of the public and irrigation district.
In addition to any other requirements imposed by the provisions of this chapter, the administrative personnel of any city, town, or county shall not approve a final plat, as defined in RCW 58.17.020, for any subdivision, lot, tract, parcel, or block which lies in whole or in part in an irrigation district organized pursuant to chapter 87.03 RCW unless there has been provided an irrigation water right-of-way for each portion of the subdivision, lot, tract, block, or parcel of land within such district. In addition, if the subdivision, lot, tract, parcel, or block lies within land within the district classified as irrigable, completed irrigation water distribution facilities for such land may be required by the irrigation district by resolution, bylaw, or rule of general applicability as a condition for approval of the final plat . Rights-of-way shall be evidenced by the respective final plats submitted for approval . In addition, if the subdivision, lot, tract, parcel, or block to be subdivided is wholly or partially within an irrigation district of two hundred thousand acres or more and has been previously platted by the United States bureau of reclamation as a farm unit in the district, the administrative personnel of the city, town, or county shall not approve for such land a final plat without the approval of the irrigation district and the administrator or manager of the project of the bureau of reclamation, or its successor agency, within which that district lies. Compliance with the requirements of this section together with all other applicable provisions of this chapter shall be a prerequisite, within the expressed purpose of this chapter, to any sale, lease, or development of land in this state.
As an alternative to those provisions of RCW 58.17.212 requiring the legislative body to process an application for a plat vacation, the county or city legislative body may adopt a hearing examiner system and shall specify by ordinance the legal effect of the decisions made by the examiner, that shall include one of the following:
The decision may be given the effect of a recommendation to the legislative body;
The decision may be given the effect of an administrative decision appealable within a specified time limit to the legislative body; or
The decision may be given the effect of a final decision of the legislative body.
The legislative authority shall prescribe procedures to be followed by a hearing examiner.
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that must state either:
i. That the application is procedurally complete; or
ii. That the application is procedurally incomplete and that the procedural submission requirements have not been met. The determination shall identify the information necessary to make the application procedurally complete.
b. For purposes of this section, all time periods must be calculated by using calendar days.
c. To the extent known by the local government, the local government shall identify any other agencies of local, state, or federal governments that may have jurisdiction over some aspect of the application.
A project permit application is procedurally complete when it meets the procedural submission requirements of the local government, as identified on the project permit application. Additional information , studies, or project modifications may be required after a determination of completeness. A determination of completeness does not preclude the local government's ability to request additional information or studies either at the time of the determination of completeness or later if new information is required or if substantial changes in the proposed action occur. However, once the procedural submission requirementshave been satisfied, the need for additional information or studies may not delay or preclude a completeness determination.
A determination of completeness may include or be combined with the following:
A preliminary determination of those development regulations that will be used for project mitigation;
A preliminary determination of consistency, as provided under RCW 36.70B.040;
Other information the local government chooses to include; or
The notice of application required under RCW 36.70B.110.
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An application shall be deemed procedurally complete on the 29th day after receipt if the local government does not provide a written determination to the applicant that the application is procedurally incomplete as provided in subsection (1)(a)(ii) of this section. The absence of a written determinationof completeness does not limit the local government's ability to request additional information or studies as provided for in subsection (2) of this section.
Within 14 calendar days after an applicant submits additional information identified by the local government as necessary to complete the application, the local government shall notify the applicant whether the application is procedurally complete or identify any remaining information required.
The notice of application required under RCW 36.70B.110 shall be provided within 14 calendar days after the determination of completeness .
If a preapplication conference is required for a complete application, then the preapplication conference must:
Include discussion of the city, town, or county requirements for obtaining a determination of completeness and the applicable review processes, permit types, and development regulations; and
Answer questions from the applicant to facilitate preparation and submittal of a complete application.
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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 determine whether a completed project permit application meets the requirements of those development regulations. Except for modifications by a jurisdiction provided for in (e) of this subsection, the time periods for local government actions for each type of complete project permit application or project type may not exceed those specified in this section.
For project permits submitted after January 1, 2025, the development regulations must, for each type of permit application, specify the contents of a completed project permit application necessary for the complete compliance with the time periods and procedures.
A jurisdiction may exclude certain permit types and timelines for processing project permit applications as provided for in RCW 36.70B.140.
The time periods for local government action to issue a final decision for each type of complete project permit application or project type subject to this chapter should not exceed the following time periods unless modified by the local government pursuant to this section or RCW 36.70B.140:
For project permits which do not require public notice under RCW 36.70B.110, a local government must issue a final decision within 65 days of the determination of completeness under RCW 36.70B.070;
For project permits which require public notice under RCW 36.70B.110, a local government must issue a final decision within 100 days of the determination of completeness under RCW 36.70B.070, provided a project permit application for preliminary plat approval pursuant to chapter 58.17 RCW is subject to the time period in (d)(iii) of this subsection notwithstanding an open record hearing not being required; and
For project permits which require public notice under RCW 36.70B.110 and a public hearing, a local government must issue a final decision within 170 days of the determination of completeness under RCW 36.70B.070.
A jurisdiction may modify the provisions in (d) of this subsection to add permit types not identified, change the permit names or types in each category, address how consolidated review time periods may be different than permits submitted individually, and provide for how projects of a certain size or type may be differentiated, including by differentiating between permits that include a residential land use as a principal use of the land and permits that do not. Unless otherwise provided for the consolidated review of more than one permit, the time period for a final decision shall be the longest of the permit time periods identified in (d) of this subsection or as amended by a local government.
If a local government does not adopt an ordinance or resolution modifying the provisions in (d) of this subsection, the time periods in (d) of this subsection apply.
The number of days an application is in review with the county or city shall be calculated from the day completeness is determined under RCW 36.70B.070 to the date a final decision is issued on the project permit application. The number of days shall be calculated by counting every calendar day and excluding the following time periods:
Any period between the day that the county or city has notified the applicant, in writing, that additional information is required to further process the application and the day when responsive information is resubmitted by the applicant;
Any period after an applicant informs the local government, in writing, that they would like to temporarily suspend review of the project permit application until the time that the applicant notifies the local government, in writing, that they would like to resume the application. A local government may set conditions for the temporary suspension of a permit application; and
Any period after an administrative appeal is filed until the administrative appeal is resolved and any additional time period provided by the administrative appeal has expired.
The time periods for a local government to process a permit shall start over if an applicant proposes a change in use that adds or removes commercial or residential elements from the original application that would make the application fail to meet the determination of procedural completeness for the new use, as required by the local government under RCW 36.70B.070.
Annual amendments to the comprehensive plan are not subject to the requirements of this section.
A county's or city's adoption of a resolution or ordinance to implement this subsection shall not be subject to appeal under chapter 36.70A RCW unless the resolution or ordinance modifies the time periods provided in (d) of this subsection by providing for a review period of more than 170 days for any project permit.
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(A) 10 percent if the final decision of the project permit application was made after the applicable deadline but the period from the passage of the deadline to the time of issuance of the final decision did not exceed 20 percent of the original time period; or
(B) 20 percent if the period from the passage of the deadline to the time of the issuance of the final decision exceeded 20 percent of the original time period.
ii. Except as provided in RCW 36.70B.160, the provisions in (l)(i) of this subsection are not applicable to cities and counties which have implemented at least three of the options in RCW 36.70B.160(1) (a) through (j) at the time an application is deemed procedurally complete.
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Counties subject to the requirements of RCW 36.70A.215 and the cities within those counties that have populations of at least 20,000 must, for each type of permit application, identify the total number of project permit applications for which decisions are issued according to the provisions of this chapter. For each type of project permit application identified, these counties and cities must establish and implement a deadline for issuing a notice of final decision as required by subsection (1) of this section and minimum requirements for applications to be deemed complete under RCW 36.70B.070 as required by subsection (1) of this section.
Counties and cities subject to the requirements of this subsection also must prepare an annual performance report that includes information outlining time periods for certain permit types associated with housing. The report must provide:
Permit time periods for certain permit processes in the county or city in relation to those established under this section, including whether the county or city has established shorter time periods than those provided in this section;
The total number of decisions issued during the year for the following permit types: Preliminary subdivisions, final subdivisions, binding site plans, permit processes associated with the approval of multifamily housing, and construction plan review for each of these permit types when submitted separately;
The total number of decisions for each permit type which included consolidated project permit review, such as concurrent review of a rezone or construction plans;
The average number of days from a submittal to a decision being issued for the project permit types listed in (b)(ii) of this subsection. This shall be calculated from the day completeness is determined under RCW 36.70B.070 to the date a decision is issued on the application. The number of days shall be calculated by counting every calendar day;
The total number of days each project permit application of a type listed in (b)(ii) of this subsection was in review with the county or city. This shall be calculated from the day completeness is determined under RCW 36.70B.070 to the date a final decision is issued on the application. The number of days shall be calculated by counting every calendar day. The days the application is in review with the county or city does not include the time periods in subsection (1)(g)(i) through (iii) of this section;
The total number of days that were excluded from the time period calculation under subsection (1)(g)(i) through (iii) of this section for each project permit application of a type listed in (b)(ii) of this subsection.
Counties and cities subject to the requirements of this subsection must:
Post the annual performance report through the county's or city's website; and
Submit the annual performance report to the department of commerce by March 1st each year.
No later than July 1st each year, the department of commerce shall publish a report which includes the annual performance report data for each county and city subject to the requirements of this subsection and a list of those counties and cities whose time periods are shorter than those provided for in this section.
The annual report must also include key metrics and findings from the information collected.
e. The initial annual report required under this subsection must be submitted to the department of commerce by March 1, 2025, and must include information from permitting in 2024.
(1) Each local government is encouraged to adopt further project review and code provisions to provide prompt, coordinated, and objective review and ensure accountability to applicants and the public by:
Section 2 of this act expires January 1, 2028.
Section 3 of this act takes effect January 1, 2028.