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HomeMy WebLinkAboutExhibit 56-3 - Att B - 5559.E SBR FBR 25FINAL BILL REPORT ESB 5559 C 271 L 25 Synopsis as Enacted Brief Description: Streamlining the subdivision process inside urban growth areas. Sponsors: Senators Lovelett, Nobles and Trudeau. Senate Committee on Local Government House Committee on Local Government House Committee on Appropriations Background: The process by which land divisions may occur is governed by state and local requirements. Local governments must adopt associated ordinances and procedures in conformity with state requirements. Subdivisions. Subdivisions are the divisions or redivisions of land into five or more lots, tracts, parcels, sites, or divisions for the purpose of sale, lease, or transfer of ownership. Short subdivisions are the division or redivision of land into four or fewer lots, tracts, parcels, sites, or divisions for the purpose of sale, lease, or transfer of ownership. Any city or town may increase the number of lots that can be regulated as short subdivisions up to a maximum of nine. Counties planning under the Growth Management Act (GMA) may do the same with respect to unincorporated land within an urban growth area. Unit lot subdivision refers to the division of a parent lot into separately owned unit lots. Local governments must include in their short plat regulations procedures for unit lot subdivisions allowing division of a parent lot into separately owned unit lots. Portions of the parent lot not subdivided for individual unit lots must 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. Growth Management Act. The GMA is the comprehensive land use planning framework for counties and cities in Washington. The GMA establishes land use designation and environmental protection requirements for all Washington counties and cities. The GMA This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not part of the legislation nor does it constitute a statement of legislative intent. ESB 5559- 1 -Senate Bill Report CA received 09/16/25 EXHIBIT 56-3 also establishes a significantly wider array of planning duties for 28 counties, and the cities within those counties, that are obligated to satisfy all planning requirements of the GMA. Summary: All cities and towns fully planning under the GMA must adopt or enact procedures for unit lot subdivisions. Cities planning under the GMA that are required to submit their next comprehensive plan update in 2027, must adopt or enact procedures for unit lot subdivisions at the same time as their next comprehensive plan update. All other cities must adopt or enact procedures for unit lot subdivisions within two years of the bill's effective date. After these deadlines, a city or town that has not adopted or enacted procedures may not decline to process an application for a unit lot subdivision, consistent with the procedural requirements, solely because that city or town has not adopted or enacted the procedures. These procedures must 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 the land is located, to acknowledge each of the following: approval of the design and layout of the unit lot's housing development project was granted based on detailed review of that specified project on the parent lot; • subsequent subdivision actions to the unit lot housing development project's structures may not create or increase any nonconformity of the parent lot and must 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; • if a structure or portion of a structure within the unit lot housing development project has been damaged or destroyed, any repair or replacement must 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 or replacement project's permit application becomes vested; and • additional development or redevelopment of the individual unit lots may be limited based on the application of the development standards to the parent lot. • These procedures must also: 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 the Shoreline Management Act; • apply only clear and objective development regulations;• be 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 permit processing time period for local government actions, unless extended pursuant to project-specific mutual agreement. • A city must ensure that the community and property owners within 250 feet of the unit lot to be subdivided receive notice of how to provide written comments to the administrative decision maker, including through notice posted on the closest public sidewalk or roadway. A city or county is not prohibited from applying public health, safety, building code, and ESB 5559- 2 -Senate Bill Report CA received 09/16/25 EXHIBIT 56-3 environmental permitting requirements to a development project that is subject to or integrated with a unit lot subdivision process. A city or county is not required 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. Votes on Final Passage: Senate 48 0 House 95 0 (House amended) Senate 48 0 (Senate concurred) Final Passage Votes Effective:July 27, 2025 ESB 5559- 3 -Senate Bill Report CA received 09/16/25 EXHIBIT 56-3