wa-law.org > bill > 2025-26 > SB 6026 > Second Substitute
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 (4) of this section, any city 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, or any county that is required or chooses to plan under RCW 36.70A.040 that is not defined as a rural county under RCW 43.160.020, is prohibited from excluding residential uses in areas zoned for commercial or mixed-use development.
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Except as provided in (b) through (d) 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;
Located in business improvement areas established under chapter 35.87A RCW; or
Located in a commercial area designated as a main street area by the department of archaeology and historic preservation under chapter 43.360 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 require mixed use or ground floor commercial in up to 20 percent of the total area within its jurisdiction, unless the project is publicly subsidized affordable housing. For this subsection, total area is calculated by excluding all station areas within the city or county's jurisdiction.
A city or county may establish more than 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, if the city or county provides a height incentive to allow development up to 85 feet.
The provisions of subsection (2) of this section do not apply if the city or county:
Adopts or amends by ordinance, and incorporates into their development regulations, zoning regulations, and other official controls to take effect no later than one year after the jurisdiction's next periodic comprehensive plan update required under RCW 36.70A.130 or implementation progress report required by RCW 36.70A.130, whichever is earlier, to balance the need for housing with ground floor commercial use based on the empirical study conducted under (b) of this subsection by either:
Incentivizing ground floor commercial uses within mixed-use and commercial development; or
Reducing the requirements for ground floor commercial use; and
Submits to the department an empirical study prepared by a credentialed expert in real estate economics that demonstrates the balance of housing and ground floor commercial use requirements. The empirical study shall, at minimum:
Review ground floor commercial use policies in all zones that authorize mixed-use development to balance the need for housing with the ground floor commercial needs, including but not limited to grocery stores, pharmacies, retail, restaurant, and child care or other service uses;
Identify mixed-use and commercial zones where sufficient ground floor commercial space is available; and
Identify incentives for mixed-use developments that require ground floor commercial use.
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;
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 outside the urban growth area or within any urban growth area that is not contiguous with a city subject to the limitations of subsection (1) of this section;
Is in an area where residential uses are prohibited to implement RCW 36.70.547 or 36.70A.530;
Is located in a tax increment financing area under chapter 39.114 RCW;
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.
Nothing in this section requires a city to update their growth and development assumptions required under this chapter until their next comprehensive plan update required after January 1, 2031, under RCW 36.70A.130.
Nothing in this section shall limit or otherwise impede a local government's ability to work with developers, businesses, community groups, and building owners to ensure adequate access to grocery stores in a community including, but not limited to, allowing commercial use of ground floor building spaces for this purpose.
Except as provided in subsections (3) and (4) of this section, the requirements of subsections (1) and (2) 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.