wa-law.org > bill > 2025-26 > SB 6026 > Substitute Bill
The legislature finds that Washington continues to experience a shortage of homes affordable to its residents at all income levels. The legislature further finds that zoning reforms can support an environment that expands opportunities for housing development.
Except as provided in subsection (2) of this section, any city or county that is required or chooses to plan under RCW 36.70A.040 with a population of 30,000 or more, as determined by the office of financial management under RCW 43.62.030, is prohibited from excluding residential uses in areas zoned for commercial or mixed-use development.
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Except as provided in (b) and (c) of this subsection, any city or county subject to the requirements of subsection (1) of this section may not require mixed use or ground floor commercial or retail as a condition of permitting development of residential housing, or a conditional use permit, special use permit, or departure from development regulations or design guidelines related to the location, siting, orientation, or architectural design features of residential or mixed-use development in areas zoned for commercial use or mixed use, unless the building or structure is:
Listed in the state or national register of historic places as of the effective date of this section; or
Located in business improvement areas established under chapter 35.87A RCW.
A city or county may establish mixed use or ground floor commercial requirements in areas zoned for mixed use that are within a station area, unless the project is publicly subsidized affordable housing.
A city or county may establish that up to 20 percent of its zoned area that is outside of a station area require mixed use or ground floor commercial, unless the project is publicly subsidized affordable housing. Any amenity space required by local development standards for residential use must be considered ground floor commercial use under this section. Amenity space may include, but is not limited to, common areas, gyms, leasing offices, or similar facilities.
In any area where the city or county establishes mixed use or ground floor commercial requirements under (b) and (c) of this subsection, the city or county must allow a height increase of at least 10 feet in at least 30 percent of the area. Any height limit increase allowed under this subsection shall not count toward calculating the floor area ratio in order to meet density regulations under the local development standards.
The limitations of subsection (1) of this section do not apply to any portion of a lot that:
Is located in an industrial zone area where all residential uses, except caretaker's quarters, are prohibited;
Is within 3,200 feet of an active oil or gas refinery;
Requires the demolition of a structure designated as a historic landmark through a local preservation ordinance;
Is located in a commercial area designated as a main street area by the department of archaeology and historic preservation under chapter 43.360 RCW;
Is located outside the urban growth area;
Is in an area where residential uses are prohibited to implement RCW 36.70.547 or 36.70A.530;
Is adjacent to a shoreline environment where all multifamily residential or mixed-use development is prohibited by a shoreline master program; or
Is located in a critical area buffer or critical area governed by a critical area ordinance, except for critical aquifer recharge areas where a single-family detached house is an allowed use provided that any requirements to maintain aquifer recharge are met.
Nothing in this section requires a city to issue a building permit if other federal, state, and local requirements for a building permit are not met.
Except as provided in subsection (2) of this section, the requirements of subsection (1) of this section apply and take effect in any city or county that has not adopted or amended ordinances, regulations, or other official controls as required under this section by one year after the effective date of this section and supersede, preempt, and invalidate any conflicting local regulations.
For the purpose of this section, "publicly subsidized affordable housing" means any housing that receives or otherwise qualifies for an exemption from real and personal property taxes under RCW 84.36.560.