Both lot splitting bills continue to move, and we need your feedback on the preferred approach. Of note, these are not companion bills so any inconsistencies between them could be especially problematic.

Both bills were amended on the floor with a striking amendment as they passed out of their respective chamber. Here are the effects of those changes:

HB 1096 (summary):

• Requires cities subject to middle housing minimum density requirements to establish a process for review and approval of an administrative lot split, which may be combined with concurrent review of a building permit for new single-family or middle housing, rather than requiring a process for simultaneous review and approval of a lot split and building permit.
• Removes the requirement that an applicant for a lot split recommend a displacement mitigation strategy if the lot split would require demolition or alteration of any existing housing that would displace a renter.
• Clarifies that a lot split survey must be recorded with the county assessor with a notation that future lot splits are not allowed on the lot.
• Specifies that the existing exemption from the middle housing minimum density requirements for a lot that was created through the splitting of a single residential lot applies only to a lot that was split under the new process established in the bill.

SB 5559 (summary):

• Requires cities planning under the Growth Management Act with a comprehensive plan deadline in 2027 to implement the required provisions at the same time as their next comprehensive plan update and requires all other cities to implement the required provisions within two years of the bill's effective date.
• Clarifies that a "parent lot" means a residential lot and that "unit lot" means a subdivided lot within a residential development.
• Adds a definition of "clear and objective design and development standards" to mean locally adopted development regulations that involve no personal or subjective judgment by a public official and are ascertainable by reference to measurable written or graphic criteria available and knowable to both the permit applicant and public official prior to submittal.
• Provides that unit lot subdivisions vest under the same rules as other subdivisions.

Date to remember

HB 1096 is scheduled for a committee vote in the Senate Housing Committee on Friday, March 21 at 10:30 am.

SB 5559 is scheduled for a committee vote in the House Local Government Committee on Friday, March 21 at 10:30 am.

Another lot splitting proposal enters the fray

February 3, 2025

Avid Bulletin readers will recall that one lot splitting bill is already working its way through the Legislature – this bill takes a different approach.

SB 5559, sponsored by Sen. Liz Lovelett (D–Anacortes), proposes the following amendments to the Subdivision Act:

• Limits the application of unit lot subdivision requirements to Growth Management Act (GMA) planning cities and towns
• Requires procedures to include recorded notes on the lot plat:
  • Approval of the design and layout, including permit number
  • Subsequent divisions may not include nonconformity
  • Structural repairs or replacement must conform to codes
• Prohibits public pre-decision hearings or meetings and requires administrative design review only
• Must apply clear and objective development regulations
• Follow prescribed project timelines according to RCW 36.70B.080

All changes required under this bill would need to be completed by June 30, 2026.

AWC continues to work will the policy proponents and city subject matter experts to find a way to create a feasible version of the lot splitting concept that accomplishes the policy objectives.

Date to remember

SB 5559 is scheduled for a public hearing in the Senate Local Government Committee on Monday, February 3 at 1:30 pm.