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State Land Use Enacted Legislation

Bill # State Year Party Topic

SB 5818

WA 2022 D Appeals, Density Increases, Encouraging duplex, triplex, fourplexes and townhomes, Environmental review, Other streamlining, Streamline application

Provided by Furman

Summary

  • Permanently exempts any nonproject action taken by a fully planning city to implement certain optional planning actions to increase residential building capacity from administrative and judicial appeal under the State Environmental Policy Act (SEPA).
  • Applies the SEPA exemption to the adoption of ordinances, development regulations and amendments to such regulations, and other nonproject actions taken by a planning city that increase housing capacity and affordability and mitigates displacement as required under the mandatory housing element of the city’s comprehensive plan, and that apply outside of critical areas. The exemption does not pertain to actions that have a probable significant adverse impact on fish habitat.
  • Clarifies that the SEPA exemptions for any project action related to a residential, multifamily, or mixed-use development on the basis of or impacts to the transportation elements of the environment does not apply if DOT has not found the project will present significant adverse impacts to the state-owned transportation system.
  • Exempts any project action related to a residential, multifamily, or mixed-use development from appeal under SEPA on the basis of or impacts to the aesthetics element of the environment if the project is subject to adopted design review requirements at the local government level, and on the basis of or impacts to the light and glare element of the environment if the project is subject to adopted design review requirements at the local government level.
  • Requires the Department of Ecology to undergo expedited rulemaking to modify rule-based categorical exemptions to SEPA to: a dd four attached single-family residential units to the current exemption for certain types of construction;create a new exemption level for single-family residential project types with a total square footage of fewer than 1500 square feet in incorporated UGAs of at least 100 units; increase the exemption level for multifamily residential project types in incorporated UGAs from 60 units to 200 units; and add the following sentence to the categorical exemptions for minor new construction: “The city, town, or county must document the result of its outreach with the department of transportation on impacts to state-owned transportation facilities, including consideration of whether mitigation is necessary for impacts to state-owned transportation facilities.”
  • Specifies that any applicant whose project qualifies as exempt under SEPA is not required to file an environmental checklist if other information is available to establish that a project qualifies for an exemption

Provided by lawmakers

Bill Title

Promoting housing construction in cities through amendments to and limiting appeals under the state environmental policy act and growth management act.

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