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HomeMy WebLinkAboutExhibit 56-4 - Att C - 5559.SLCERTIFICATION OF ENROLLMENT ENGROSSED SENATE BILL 5559 Chapter 271, Laws of 2025 69th Legislature 2025 Regular Session UNIT LOT SUBDIVISIONS—LOCAL GOVERNMENT PROCEDURES EFFECTIVE DATE: July 27, 2025 Passed by the Senate April 21, 2025 Yeas 48 Nays 0 JOHN LOVICK President of the Senate Passed by the House April 10, 2025 Yeas 95 Nays 0 LAURIE JINKINS Speaker of the House of Representatives CERTIFICATE I, Sarah Bannister, Secretary of the Senate of the State of Washington, do hereby certify that the attached is ENGROSSED SENATE BILL 5559 as passed by the Senate and the House of Representatives on the dates hereon set forth. SARAH BANNISTER Secretary Approved May 13, 2025 10:37 AM FILED May 14, 2025 BOB FERGUSON Governor of the State of Washington Secretary of State State of Washington CA received 09/16/25 EXHIBITS 56-4 AN ACT Relating to streamlining the subdivision process inside 1 urban growth areas; and amending RCW 58.17.020 and 58.17.060.2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:3 Sec. 1. RCW 58.17.020 and 2002 c 262 s 1 are each amended to 4 read as follows:5 As used in this chapter, unless the context or subject matter 6 clearly requires otherwise, the words or phrases defined in this 7 section shall have the indicated meanings.8 (1) "Subdivision" is the division or redivision of land into five 9 or more lots, tracts, parcels, sites, or divisions for the purpose of 10 sale, lease, or transfer of ownership, except as provided in 11 subsection (6) of this section.12 (2) "Plat" is a map or representation of a subdivision, showing 13 thereon the division of a tract or parcel of land into lots, blocks, 14 streets and alleys, or other divisions and dedications.15 (3) "Dedication" is the deliberate appropriation of land by an 16 owner for any general and public uses, reserving to himself or 17 herself no other rights than such as are compatible with the full 18 exercise and enjoyment of the public uses to which the property has 19 been devoted. The intention to dedicate shall be evidenced by the 20 owner by the presentment for filing of a final plat or short plat 21 ENGROSSED SENATE BILL 5559 AS AMENDED BY THE HOUSE Passed Legislature - 2025 Regular Session State of Washington 69th Legislature 2025 Regular Session By Senators Lovelett, Nobles, and Trudeau Read first time 01/28/25. Referred to Committee on Local Government. p. 1 ESB 5559.SL CA received 09/16/25 EXHIBITS 56-4 showing the dedication thereon; and, the acceptance by the public 1 shall be evidenced by the approval of such plat for filing by the 2 appropriate governmental unit.3 A dedication of an area of less than two acres for use as a 4 public park may include a designation of a name for the park, in 5 honor of a deceased individual of good character.6 (4) "Preliminary plat" is a neat and approximate drawing of a 7 proposed subdivision showing the general layout of streets and 8 alleys, lots, blocks, and other elements of a subdivision consistent 9 with the requirements of this chapter. The preliminary plat shall be 10 the basis for the approval or disapproval of the general layout of a 11 subdivision.12 (5) "Final plat" is the final drawing of the subdivision and 13 dedication prepared for filing for record with the county auditor and 14 containing all elements and requirements set forth in this chapter 15 and in local regulations adopted under this chapter.16 (6) "Short subdivision" is the division or redivision of land 17 into four or fewer lots, tracts, parcels, sites, or divisions for the 18 purpose of sale, lease, or transfer of ownership. However, the 19 legislative authority of any city or town may by local ordinance 20 increase the number of lots, tracts, or parcels to be regulated as 21 short subdivisions to a maximum of nine. The legislative authority of 22 any county planning under RCW 36.70A.040 that has adopted a 23 comprehensive plan and development regulations in compliance with 24 chapter 36.70A RCW may by ordinance increase the number of lots, 25 tracts, or parcels to be regulated as short subdivisions to a maximum 26 of nine in any urban growth area.27 (7) "Binding site plan" means a drawing to a scale specified by 28 local ordinance which: (a) Identifies and shows the areas and 29 locations of all streets, roads, improvements, utilities, open 30 spaces, and any other matters specified by local regulations; (b) 31 contains inscriptions or attachments setting forth such appropriate 32 limitations and conditions for the use of the land as are established 33 by the local government body having authority to approve the site 34 plan; and (c) contains provisions making any development be in 35 conformity with the site plan.36 (8) "Short plat" is the map or representation of a short 37 subdivision.38 (9) "Lot" is a fractional part of divided lands having fixed 39 boundaries, being of sufficient area and dimension to meet minimum 40 p. 2 ESB 5559.SL CA received 09/16/25 EXHIBITS 56-4 zoning requirements for width and area. The term shall include tracts 1 or parcels.2 (10) "Block" is a group of lots, tracts, or parcels within well 3 defined and fixed boundaries.4 (11) "County treasurer" shall be as defined in chapter 36.29 RCW 5 or the office or person assigned such duties under a county charter.6 (12) "County auditor" shall be as defined in chapter 36.22 RCW or 7 the office or person assigned such duties under a county charter.8 (13) "County road engineer" shall be as defined in chapter 36.40 9 RCW or the office or person assigned such duties under a county 10 charter.11 (14) "Planning commission" means that body as defined in chapter 12 36.70, 35.63, or 35A.63 RCW as designated by the legislative body to 13 perform a planning function or that body assigned such duties and 14 responsibilities under a city or county charter.15 (15) "County commissioner" shall be as defined in chapter 36.32 16 RCW or the body assigned such duties under a county charter.17 (16) "Parent lot" means a residential lot that is subdivided into 18 unit lots through the unit lot subdivision process.19 (17) "Unit lot" means a subdivided lot within a residential 20 development as created from a parent lot and approved through the 21 unit lot subdivision process.22 (18) "Unit lot subdivision" means a subdivision or short 23 subdivision proposed as part of a residential development project 24 that meets the development standards applicable to the parent lot at 25 the time the application is vested, but which may result in 26 development on one or more individual unit lots becoming 27 nonconforming as to specified land use and development standards 28 based on the analysis of the individual unit lot. By June 30, 2026, 29 all unit lot subdivisions shall require notification to purchasers of 30 their legal status as further described in RCW 58.17.060.31 (19) "Clear and objective design and development standards" means 32 locally adopted development regulations that involve no personal or 33 subjective judgment by a public official, and are ascertainable by 34 reference to measurable written or graphic criteria available and 35 knowable to the permit applicant, the public, and public officials 36 prior to submittal.37 Sec. 2. RCW 58.17.060 and 2023 c 337 s 11 are each amended to 38 read as follows:39 p. 3 ESB 5559.SL CA received 09/16/25 EXHIBITS 56-4 (1) The legislative body of a city, town, or county shall adopt 1 regulations and procedures, and appoint administrative personnel for 2 the summary approval of short plats and short subdivisions or 3 alteration or vacation thereof. When an alteration or vacation 4 involves a public dedication, the alteration or vacation shall be 5 processed as provided in RCW 58.17.212 or 58.17.215. Such regulations 6 shall be adopted by ordinance and shall provide that a short plat and 7 short subdivision may be approved only if written findings that are 8 appropriate, as provided in RCW 58.17.110, are made by the 9 administrative personnel, and may contain wholly different 10 requirements than those governing the approval of preliminary and 11 final plats of subdivisions and may require surveys and 12 monumentations and shall require filing of a short plat, or 13 alteration or vacation thereof, for record in the office of the 14 county auditor: PROVIDED, That such regulations must contain a 15 requirement that land in short subdivisions may not be further 16 divided in any manner within a period of five years without the 17 filing of a final plat, except that when the short plat contains 18 fewer than four parcels, nothing in this section shall prevent the 19 owner who filed the short plat from filing an alteration within the 20 five-year period to create up to a total of four lots within the 21 original short plat boundaries: PROVIDED FURTHER, That such 22 regulations are not required to contain a penalty clause as provided 23 in RCW 36.32.120 and may provide for wholly injunctive relief.24 An ordinance requiring a survey shall require that the survey be 25 completed and filed with the application for approval of the short 26 subdivision.27 (2) Cities, towns, and counties shall include in their short plat 28 regulations and procedures pursuant to subsection (1) of this section 29 provisions for considering sidewalks and other planning features that 30 assure safe walking conditions for students who walk to and from 31 school.32 (3) All cities((,)) and towns((, and counties shall include in 33 their short plat regulations)) located in a county planning under RCW 34 36.70A.040 shall adopt or enact procedures for unit lot subdivisions 35 ((allowing division of a parent lot into separately owned unit 36 lots)). Portions of the parent lot not subdivided for individual unit 37 lots shall be owned in common by the owners of the individual unit 38 lots, or by a homeowners' association comprised of the owners of the 39 individual unit lots.40 p. 4 ESB 5559.SL CA received 09/16/25 EXHIBITS 56-4 (a) These procedures shall include, at a minimum, the requirement 1 that prominent informational notes be placed on the unit lot 2 subdivision's plat, and recorded in the county or counties in which 3 such land is located, to acknowledge each of the following:4 (i) Approval of the design and layout of the unit lot's housing 5 development project was granted based on detailed review of that 6 specified project, as a whole, on the parent lot, including specific 7 reference to the applicable permit or file number for that specified 8 project;9 (ii) Subsequent subdivision actions, additions, or modifications 10 to the unit lot housing development project's structures may not 11 create or increase any nonconformity of the parent lot as a whole, 12 and shall conform to the approved unit lot housing development 13 project or to the land use and development standards in effect at the 14 time of the proposed actions, additions, or modifications;15 (iii) If a structure or portion of a structure within the unit lot 16 housing development project has been damaged or destroyed, any 17 repair, reconstruction, or replacement of any structure shall conform 18 to the approved unit lot housing development project or to the land 19 use and development standards in effect at the time the proposed 20 repair, reconstruction, or replacement project's permit application 21 becomes vested; and22 (iv) Additional development or redevelopment of the individual 23 unit lots may be limited as a result of the application of 24 development standards to the parent lot.25 (b) These procedures shall also:26 (i) Not require any public predecision meeting or hearing, nor 27 any design review other than administrative design review, except for 28 those required to comply with state law, including chapter 90.58 RCW. 29 A city must ensure that the community and property owners within 250 30 feet of the unit lot to be subdivided are provided notice consistent 31 with RCW 36.70B.110 of how to provide written comments to the 32 administrative decision maker, including through notice posted on the 33 closest public sidewalk or roadway;34 (ii) Apply only clear and objective design and development 35 standards;36 (iii) Be logically integrated with the application, review, and 37 approval procedures that apply to the underlying unit lot housing 38 development project to the greatest extent feasible; and39 p. 5 ESB 5559.SL CA received 09/16/25 EXHIBITS 56-4 (iv) Be specifically subject to the maximum time period for local 1 government actions as set forth in RCW 36.70B.080, unless extended 2 pursuant to project-specific mutual agreement as permitted by RCW 3 36.70B.080.4 (c) After the deadlines in (e) of this subsection, no city or 5 town subject to this section may decline to accept, process, or 6 approve an application for a unit lot subdivision, consistent with 7 the procedural requirements of (a) and (b) of this subsection, solely 8 because that city or town has not completed adoption or enactment of 9 the procedures required under this section.10 (d) Nothing in this section:11 (i) Prohibits a city or county from applying public health, 12 safety, building code, and environmental permitting requirements to a 13 development project that is subject to or integrated with a unit lot 14 subdivision process;15 (ii) Requires a city or county to authorize a development project 16 or a unit lot subdivision in a location where development is 17 restricted under other laws, rules, or ordinances, such as in 18 locations where development is limited as a result of physical 19 proximity to on-site sewage system infrastructure, critical areas, or 20 other unsuitable physical characteristics of a property.21 (e) Cities and towns that are required to submit their next 22 comprehensive plan update in 2027 pursuant to RCW 36.70A.130 must 23 adopt or amend by ordinance, and incorporate into their development 24 regulations, zoning regulations, and other official controls, the 25 requirements of this section in their next comprehensive plan update. 26 All other cities and towns must implement the requirements of this 27 section within two years of the effective date of this section.28 (f) Nothing in this subsection alters the vesting requirements 29 set forth in RCW 58.17.033.30 Passed by the Senate April 21, 2025. Passed by the House April 10, 2025. Approved by the Governor May 13, 2025. Filed in Office of Secretary of State May 14, 2025. --- END --- p. 6 ESB 5559.SL CA received 09/16/25 EXHIBITS 56-4