H-2413.1
HOUSE BILL 2126
State of Washington 68th Legislature 2024 Regular Session
By Representatives Low, Peterson, Connors, Leavitt, Chapman, Barkis,
Reed, Ormsby, Graham, Gregerson, Sandlin, Tharinger, Couture, and
Kloba
Prefiled 01/04/24. Read first time 01/08/24. Referred to Committee
on Housing.
1 AN ACT Relating to creating opportunities for affordable housing
2 by authorizing detached accessory dwelling units in rural areas;
3 amending RCW 36.70A.696, 36.70A.177, and 36.70A.210; reenacting and
4 amending RCW 36.70A.130; adding a new section to chapter 36.70A RCW;
5 and creating a new section.
6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
7 NEW SECTION. Sec. 1. The legislature finds that Washingtonians
8 are in a housing crisis and the state needs to produce another 1.1
9 million homes by 2044 to meet its housing needs. The legislature also
10 finds that accessory dwelling units provide affordable housing, can
11 be built quickly, and can provide supplemental income for property
12 owners. Accessory dwelling units are especially needed in rural
13 communities that do not yet have the infrastructure for larger scale
14 development. Therefore, it is the intent of the legislature to
15 provide pathways for the construction of accessory dwelling units in
16 both urban and rural areas.
17 NEW SECTION. Sec. 2. A new section is added to chapter 36.70A
18 RCW to read as follows:
19 (1) A county may authorize development of detached accessory
20 dwelling units in rural areas on lots of any size, even where
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 1 otherwise prohibited by the county's comprehensive plan, countywide
2 planning policy, or multicounty planning policy, if the detached
3 accessory dwelling units are subject to development regulations that
4 include the following requirements:
5 (a) A parcel may not have more than one accessory dwelling unit,
6 whether attached or detached.
7 (b) The detached accessory dwelling unit must be subject to the
8 water supply requirements in RCW 19.27.097 and the following
9 additional requirements:
10 (i) The detached accessory dwelling unit may not be located on a
11 parcel that uses a water source that is closed to further
12 appropriation.
13 (ii) The detached accessory dwelling unit must use water that is
14 part of the water right for the primary dwelling.
15 (iii) Withdrawals of water by each dwelling unit on the parcel
16 must be metered.
17 (c) The detached accessory dwelling unit may not be located
18 within, or encroach upon, any existing buffers around critical areas.
19 (d)(i) The building permit applicant for the detached accessory
20 dwelling unit must provide documentation demonstrating that the
21 existing or proposed sewage, septic, or on-site sewage system can
22 handle the additional demand placed upon it by the detached accessory
23 dwelling unit.
24 (ii) If the detached accessory dwelling unit will be connected to
25 an existing septic or on-site sewage system, the septic or on-site
26 sewage system must be inspected, prior to issuance of the building
27 permit, by a licensed contractor to ensure that the system is in good
28 working order and capable of handling the increased demand placed
29 upon it by the detached accessory dwelling unit.
30 (e) The floor area of the detached accessory dwelling unit may
31 not exceed 1,296 square feet, or the square footage that could be
32 authorized by the county as an expansion of the primary dwelling to
33 create an attached accessory dwelling unit, whichever is less. The
34 floor area does not include garages, porches, and unfinished
35 basements.
36 (f) The detached accessory dwelling unit must be constructed such
37 that exterior materials, roof form, window spacing, and proportions
38 approximate those of the primary dwelling, except if the detached
39 accessory dwelling unit is a mobile home or manufactured home.
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 1 (g) The detached accessory dwelling unit must use the same
2 driveway as the primary dwelling.
3 (h) The detached accessory dwelling unit must be sited to prevent
4 loss of land that is defined as "agricultural land" or "forestland"
5 under this chapter.
6 (i) A parcel may not be subdivided for the purposes of avoiding
7 the limits on development regulations described in this subsection.
8 (2) Subsection (1) of this section is cumulative to other county
9 authority enumerated in this chapter and does not:
10 (a) Affect or modify the validity of any county ordinance
11 authorizing accessory dwelling units adopted prior to the effective
12 date of this section;
13 (b) Exclude other means of authorizing accessory dwelling units
14 in urban or rural areas, if consistent with this section; or
15 (c) Exclude other innovative techniques under RCW
16 36.70A.070(5)(b), 36.70A.090, or 36.70A.177, if consistent with this
17 section.
18 (3) The comprehensive plan, countywide planning policy, or
19 multicounty planning policy for any county that authorizes the
20 development of detached accessory dwelling units in rural areas under
21 subsection (1) of this section must be amended, at its next regularly
22 scheduled update, to allow development of detached accessory dwelling
23 units in rural areas consistent with subsection (1) of this section.
24 (4) Population growth from the development of detached accessory
25 dwelling units that comply with the requirements of subsection (1) of
26 this section may not be counted for the purpose of determining
27 whether a county is achieving rural or urban growth targets contained
28 in a comprehensive plan, countywide planning policy, or multicounty
29 planning policy.
30 Sec. 3. RCW 36.70A.696 and 2023 c 334 s 2 are each amended to
31 read as follows:
32 The definitions in this section apply throughout RCW 36.70A.697,
33 36.70A.698, 36.70A.680, ((and)) 36.70A.681, and section 1 of this act
34 unless the context clearly requires otherwise.
35 (1) "Accessory dwelling unit" means a dwelling unit located on
36 the same lot as a single-family housing unit, duplex, triplex,
37 townhome, or other housing unit.
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 1 (2) "Attached accessory dwelling unit" means an accessory
2 dwelling unit located within or attached to a single-family housing
3 unit, duplex, triplex, townhome, or other housing unit.
4 (3) "City" means any city, code city, and town located in a
5 county planning under RCW 36.70A.040.
6 (4) "County" means any county planning under RCW 36.70A.040.
7 (5) "Detached accessory dwelling unit" means an accessory
8 dwelling unit that consists partly or entirely of a building that is
9 separate and detached from a single-family housing unit, duplex,
10 triplex, townhome, or other housing unit and is on the same property.
11 (6) "Dwelling unit" means a residential living unit that provides
12 complete independent living facilities for one or more persons and
13 that includes permanent provisions for living, sleeping, eating,
14 cooking, and sanitation.
15 (7) "Gross floor area" means the interior habitable area of a
16 dwelling unit including basements and attics but not including a
17 garage or accessory structure.
18 (8) "Major transit stop" means:
19 (a) A stop on a high capacity transportation system funded or
20 expanded under the provisions of chapter 81.104 RCW;
21 (b) Commuter rail stops;
22 (c) Stops on rail or fixed guideway systems, including
23 transitways;
24 (d) Stops on bus rapid transit routes or routes that run on high
25 occupancy vehicle lanes; or
26 (e) Stops for a bus or other transit mode providing actual fixed
27 route service at intervals of at least fifteen minutes for at least
28 five hours during the peak hours of operation on weekdays.
29 (9) "Owner" means any person who has at least 50 percent
30 ownership in a property on which an accessory dwelling unit is
31 located.
32 (10) "Principal unit" means the single-family housing unit,
33 duplex, triplex, townhome, or other housing unit located on the same
34 lot as an accessory dwelling unit.
35 (11) "Short-term rental" means a lodging use, that is not a hotel
36 or motel or bed and breakfast, in which a dwelling unit, or portion
37 thereof, is offered or provided to a guest by a short-term rental
38 operator for a fee for fewer than 30 consecutive nights.
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 1 Sec. 4. RCW 36.70A.177 and 2006 c 147 s 1 are each amended to
2 read as follows:
3 (1) A county or a city may use a variety of innovative zoning
4 techniques in areas designated as agricultural lands of long-term
5 commercial significance under RCW 36.70A.170. The innovative zoning
6 techniques should be designed to conserve agricultural lands and
7 encourage the agricultural economy. Except as provided in subsection
8 (3) of this section, a county or city should encourage
9 nonagricultural uses to be limited to lands with poor soils or
10 otherwise not suitable for agricultural purposes.
11 (2) Innovative zoning techniques a county or city may consider
12 include, but are not limited to:
13 (a) Agricultural zoning, which limits the density of development
14 and restricts or prohibits nonfarm uses of agricultural land and may
15 allow accessory uses, including nonagricultural accessory uses and
16 activities, that support, promote, or sustain agricultural operations
17 and production, as provided in subsection (3) of this section;
18 (b) Cluster zoning, which allows new development on one portion
19 of the land, leaving the remainder in agricultural or open space
20 uses;
21 (c) Large lot zoning, which establishes as a minimum lot size the
22 amount of land necessary to achieve a successful farming practice;
23 (d) Quarter/quarter zoning, which permits one residential
24 dwelling on a one-acre minimum lot for each one-sixteenth of a
25 section of land; and
26 (e) Sliding scale zoning, which allows the number of lots for
27 single-family residential purposes with a minimum lot size of one
28 acre to increase inversely as the size of the total acreage
29 increases.
30 (3) Accessory uses allowed under subsection (2)(a) of this
31 section shall comply with the following:
32 (a) Accessory uses shall be located, designed, and operated so as
33 to not interfere with, and to support the continuation of, the
34 overall agricultural use of the property and neighboring properties,
35 and shall comply with the requirements of this chapter;
36 (b) Accessory uses may include:
37 (i) Agricultural accessory uses and activities, including but not
38 limited to the storage, distribution, and marketing of regional
39 agricultural products from one or more producers, agriculturally
40 related experiences, or the production, marketing, and distribution
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 1 of value-added agricultural products, including support services that
2 facilitate these activities; and
3 (ii) Nonagricultural accessory uses and activities as long as
4 they are consistent with the size, scale, and intensity of the
5 existing agricultural use of the property and the existing buildings
6 on the site. Nonagricultural accessory uses and activities, including
7 new buildings, parking, or supportive uses, shall not be located
8 outside the general area already developed for buildings and
9 residential uses and shall not otherwise convert more than one acre
10 of agricultural land to nonagricultural uses; and
11 (c) Counties and cities have the authority to limit or exclude
12 accessory uses otherwise authorized in this subsection (3) in areas
13 designated as agricultural lands of long-term commercial
14 significance.
15 (4) This section shall not be interpreted to limit agricultural
16 production on designated agricultural lands.
17 (5) This section may not be interpreted to limit the development
18 of detached accessory dwelling units that comply with the
19 requirements of section 2(1) of this act.
20 Sec. 5. RCW 36.70A.130 and 2023 c 280 s 1 and 2023 c 228 s 15
21 are each reenacted and amended to read as follows:
22 (1)(a) Each comprehensive land use plan and development
23 regulations shall be subject to continuing review and evaluation by
24 the county or city that adopted them. Except as otherwise provided, a
25 county or city shall take legislative action to review and, if
26 needed, revise its comprehensive land use plan and development
27 regulations to ensure the plan and regulations comply with the
28 requirements of this chapter according to the deadlines in
29 subsections (4) and (5) of this section.
30 (b)(i) A city or town located within (([a])) a county planning
31 under RCW 36.70A.040 may opt out of a full review and revisions of
32 its comprehensive plan established in this section if the city or
33 town meets the following criteria:
34 (A) Has a population fewer than 500;
35 (B) Is not located within 10 miles of a city with a population
36 over 100,000;
37 (C) Experienced a population growth rate of fewer than 10 percent
38 in the preceding 10 years; and
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 1 (D) Has provided the department with notice of its intent to
2 participate in a partial review and revision of its comprehensive
3 plan.
4 (ii) The department shall review the population growth rate for a
5 city or town participating in the partial review and revision of its
6 comprehensive plan process at least three years before the periodic
7 update is due as outlined in subsection (4) of this section and
8 notify cities of their eligibility.
9 (iii) A city or town that opts out of a full review and revision
10 of its comprehensive plan must update its critical areas regulations
11 and its capital facilities element and its transportation element.
12 (c) Except as otherwise provided, a county or city not planning
13 under RCW 36.70A.040 shall take action to review and, if needed,
14 revise its policies and development regulations regarding critical
15 areas and natural resource lands adopted according to this chapter to
16 ensure these policies and regulations comply with the requirements of
17 this chapter according to the deadlines in subsections (4) and (5) of
18 this section. Legislative action means the adoption of a resolution
19 or ordinance following notice and a public hearing indicating at a
20 minimum, a finding that a review and evaluation has occurred and
21 identifying the revisions made, or that a revision was not needed and
22 the reasons therefor.
23 (d) The review and evaluation required by this subsection shall
24 include, but is not limited to, consideration of critical area
25 ordinances and, if planning under RCW 36.70A.040, an analysis of the
26 population allocated to a city or county from the most recent 10-year
27 population forecast by the office of financial management. Population
28 growth from the development of detached accessory dwelling units that
29 comply with the requirements of section 2(1) of this act may not be
30 counted for the purpose of determining whether a county is achieving
31 rural or urban growth targets contained in a comprehensive plan.
32 (e) Any amendment of or revision to a comprehensive land use plan
33 shall conform to this chapter. Any amendment of or revision to
34 development regulations shall be consistent with and implement the
35 comprehensive plan.
36 (2)(a) Each county and city shall establish and broadly
37 disseminate to the public a public participation program consistent
38 with RCW 36.70A.035 and 36.70A.140 that identifies procedures and
39 schedules whereby updates, proposed amendments, or revisions of the
40 comprehensive plan are considered by the governing body of the county
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 1 or city no more frequently than once every year. "Updates" means to
2 review and revise, if needed, according to subsection (1) of this
3 section, and the deadlines in subsections (4) and (5) of this section
4 or in accordance with the provisions of subsection (6) of this
5 section. Amendments may be considered more frequently than once per
6 year under the following circumstances:
7 (i) The initial adoption of a subarea plan. Subarea plans adopted
8 under this subsection (2)(a)(i) must clarify, supplement, or
9 implement jurisdiction-wide comprehensive plan policies, and may only
10 be adopted if the cumulative impacts of the proposed plan are
11 addressed by appropriate environmental review under chapter 43.21C
12 RCW;
13 (ii) The development of an initial subarea plan for economic
14 development located outside of the 100 year floodplain in a county
15 that has completed a state-funded pilot project that is based on
16 watershed characterization and local habitat assessment;
17 (iii) The adoption or amendment of a shoreline master program
18 under the procedures set forth in chapter 90.58 RCW;
19 (iv) The amendment of the capital facilities element of a
20 comprehensive plan that occurs concurrently with the adoption or
21 amendment of a coun