SB 5729 — Encouraging construction of affordable housing by streamlining the permitting process.

S-1348.1ENGROSSED SENATE BILL 5729 State of Washington 69th Legislature 2025 Regular Session By Senators Gildon, Dozier, and Fortunato Read first time 02/11/25.

amending RCW 36.70B.030,36.70B.070, 36.70B.050, 36.70B.140, and 36.70B.140;18.43.035;

RCW 36.70B.03036.70B.070 and 19952023 c 347338 s 4046 are each amended to read as follows:

(1)(1)(a) FundamentalWithin land28 usedays planningafter choicesreceiving madea inproject adoptedpermit comprehensiveapplication, plansa andlocal developmentgovernment regulationsplanning pursuant to RCW 36.70A.040 shall serveprovide asa thewritten foundationdetermination forto projectthe review.applicant.

(b) The reviewwritten ofdetermination amust proposedstate project'seither: consistency with applicable development regulations, or in the absence of applicable regulations the adopted comprehensive plan, under RCW 36.70B.040 shall incorporate the determinations under this section.

(i) That the application is complete;

or (ii) That the application is incomplete and that the procedural submission requirements of the local government have not been met.

1 SBESB 5729 (2)The Duringdetermination project review, a local government or any subsequent reviewing body shall determineoutline whetherwhat theis itemsnecessary listed in this subsection are defined in the development regulations applicable to themake proposed project or, in the absenceapplication ofprocedurally applicablecomplete. regulations the adopted comprehensive plan.

At(c) aThe minimum,number suchof applicabledays regulationsshall orbe planscalculated shallby becounting determinativeevery ofcalendar the:day.

(a)(d) TypeTo ofthe landextent useknown permittedby at the site,local includinggovernment, usesthe thatlocal maygovernment beshall allowedidentify underother certainagencies circumstances,of suchlocal, asstate, plannedor unitfederal developmentsgovernments andthat conditionalmay andhave specialjurisdiction uses,over ifsome theaspect criteriaof forthe theirapplication. approval have been satisfied;

(b)(2) DensityA project permit application is complete for purposes of residentialthis developmentsection inwhen urbanit growthmeets areas;the procedural submission requirements of the local government, as outlined on the project permit application.

andAdditional (c)information Availabilityor andstudies adequacymay ofbe publicrequired facilitiesor identifiedproject inmodifications themay comprehensivebe plan,undertaken ifsubsequent to the planprocedural orreview development regulations provide for funding of thesethe facilitiesapplication as required by chapterthe 36.70Alocal RCW.government.

(3)The Duringdetermination projectof review,completeness shall not preclude the local government orfrom anyrequesting subsequentadditional reviewinginformation bodyor shallstudies noteither reexamineat alternativesthe totime orof hearthe appealsnotice onof thecompleteness itemsor identifiedsubsequently inif subsectionnew (2)information ofis thisrequired section,or exceptsubstantial forchanges issuesin ofthe codeproposed interpretation.action occur.

AsHowever, partif ofthe itsprocedural projectsubmission reviewrequirements, process,as aoutlined localon governmentthe shallproject providepermit aapplication procedurehave been provided, the need for obtainingadditional ainformation codeor interpretationstudies asmay providednot inpreclude RCWa 36.70B.110.completeness determination.

(4)(3) PursuantThe todetermination RCWof 43.21C.240,completeness a local government may determineinclude that the requirements for environmental analysis and mitigation measures in development regulations and other applicable laws provide adequate mitigation for some or allbe ofcombined thewith project's specific adverse environmental impacts to which the requirementsfollowing: apply.

(5)(a) NothingA inpreliminary thisdetermination section limits the authority of athose permitting agency to approve, condition, or deny a project as provided in its development regulations adoptedthat underwill chapterbe 36.70Aused RCWfor andproject inmitigation; its policies adopted under RCW 43.21C.060.

Project(b) reviewA shallpreliminary bedetermination used to identify specific project design and conditions relating to the character of development,consistency, such as theprovided detailsunder ofRCW site36.70B.040; plans, curb cuts, drainage swales, transportation demand management, the payment of impact fees, or other measures to mitigate a proposal's probable adverse environmental impacts, if applicable.

(6)(c) AnyOther buildinginformation permit applications submitted with plans, computations, or specifications prepared, stamped, and signed by a professional engineer or architect meeting the requirementslocal undergovernment subsectionchooses (7)to ofinclude; this section, licensed under the laws of the state of Washington, in the specific discipline as appropriate, is deemed p.

2or SB(d) 5729The completenotice byof theapplication citypursuant orto countythe buildingrequirements departmentin with authority under RCW 19.27.050.36.70B.110.

The(4)(a) departmentAn mayapplication reviewshall thebe applicationdeemed forprocedurally generalcomplete complianceon with the zoning29th orday otherafter landreceiving usea controlproject ordinancespermit inapplication effectunder andthis maysection notif imposethe substantiallocal modificationsgovernment ordoes conditionsnot onprovide submittalsa prepared,written stamped,determination andto signedthe byapplicant athat licensedthe architect,application landscapeis architect,procedurally soilsincomplete engineer,as civilprovided engineer,in structuralsubsection engineer,(1)(b)(ii) orof combinationthis thereof.section.

(7)When Thethe professionallocal engineergovernment ordoes architectnot mustprovide maintaina professionalwritten liabilitydetermination, errorsthey andmay omissionsstill insuranceseek inadditional aninformation amountor ofstudies notas lessprovided thanfor $1,000,000in executedsubsection by(2) anof insurerthis authorizedsection. to do business in Washington state.

(8)(b) SubsectionsWithin (1)14 throughdays (4)after ofan thisapplicant sectionhas applysubmitted only to a local governmentsgovernment planningadditional underinformation RCWidentified 36.70A.040.by the local government p.

2 ESB 5729 as being necessary for a complete application, the local government shall notify the applicant whether the application is complete or what additional information is necessary.

(c) The notice of application shall be provided within 14 days after the determination of completeness pursuant to RCW 36.70B.110.

(5)(a) Any project permit applications submitted with plans, computations, or specifications prepared, stamped, and signed by a professional engineer or architect meeting the requirements under (b) of this subsection, licensed under the laws of the state of Washington, in the specific discipline as appropriate, is deemed complete under this section by the city or county building department with authority under RCW 19.27.050.

Additional information or studies may be required or project modifications undertaken subsequent to the procedural review of the application by the local government.

The determination of completeness may not preclude the local government from requesting additional information or studies either at the time of the notice of completeness or subsequently if new information is required or substantial changes in the proposed action occur.

If the procedural submission requirements as outlined on the project permit application have been provided, the need for additional information or studies may not preclude a completeness determination.

(b) The professional engineer or architect must maintain professional liability errors and omissions insurance in an amount of not less than $1,000,000 executed by an insurer authorized to do business in the state of Washington, as determined by rule by the board of registration for professional engineers and land surveyors.

(c)(i) A county or city may not approve a building permit application that does not comply with the development regulations in effect, including those required by state or federal law.

(ii) A county or city may not approve a building permit application that does not comply with the housing affordability requirements adopted by a county or city.

(d) The department may review the application for compliance and consistency with the current building codes, zoning, critical areas, shoreline master plan documentation, or other land use control ordinances in effect.

(1)p. Not later than March 31, 1996, each local government shall provide by ordinance or resolution for review of project permit applications to achieve the following objectives:

3 ESB 5729 (1) Not later than March 31, 1996, each local government shall provide by ordinance or resolution for review of project permit applications to achieve the following objectives:

(2) A project permit application that is consistent with adopted development regulationsregulations, including critical area ordinances, and within the capacity of system-widepublic infrastructurefacilities improvement is deemed approved following threesix reviews or requests for additional information by the local government unless clear violation of substantive and procedural requirements is demonstrated by the reviewing local government.

Nothing in this subsection removes a local government's requirements to comply with the remainder of this chapter.

This subsection does not apply to:

(a) Project permit applications required to be approved by hearing examiners or legislative bodies;

or (b) Project permit applications required by state or federal law.

Landmark designations, street vacations, or other approvals relating to the use of public areas or facilities, or other project permits, whether administrative or quasi-judicial, that the local government by p.ordinance or resolution has determined present special circumstances that warrant a review process or time periods for approval which are different from that provided in RCW 36.70B.060 through 36.70B.090 and 36.70B.110 through 36.70B.130.