HB 1135 is on its way to the Governor’s desk to become law.
The bill proposed a straightforward, narrow solution to fix a rare situation. In a case where a jurisdiction’s ordinance is challenged and found to be non-compliant by the Growth Management Hearings Board, the ordinance must be amended rather than repealed. Here’s the language adopted by HB 1135:
The board may not issue a finding of compliance unless the county or city has amended the portion of the plan or regulations that were found noncompliant, and the amendments addressing the noncompliance order are compliant with the requirements of this chapter.
Growth Management Act appeal bills amended
March 7, 2025
AWC supports the changes to the Growth Management Act to narrowly address an issue when a jurisdiction’s ordinance is deemed non-compliant by the Growth Management Hearings Board.
HB 1135 passed the House with the following key change to state law:
The board may not issue a finding of compliance unless the county or city has amended the portion of the plan or regulations that were found noncompliant, and the amendments addressing the noncompliance order are compliant with the requirements of this chapter.
The Senate version, SB 5197, has substantively similar language and is in the Rules Committee.
Date to remember
HB 1135 will be heard in the Senate Local Government Committee on Thursday, March 13 at 1:30 pm.
Compliance with the Growth Management Act when repealing ordinances
January 20, 2025
Rep. Davina Duerr (D–Bothell) and Sen. Jesse Salomon (D–Shoreline) have introduced proposals (HB 1135 and SB 5197) to close what they consider to be a loophole in the Growth Management Act (GMA). The problem statement comes from a situation where a county adopted a development regulation to allow detached ADUs in addition to attached ADUs. That ordinance was found to be non-compliant with the GMA. The county then repealed the non-compliant detached ADU ordinance and reverted to their previous ordinance, in place since 2002. However, the original ordinance was now out of compliance, although it was never challenged when it was originally adopted. Since the ordinance had been in place for longer than the 60-day appeal window there was no legal recourse available.
We are working with the sponsor and advocates to see if there is a way to narrowly address this problem without upending the principle within the GMA that, at some point, appeal opportunities must conclude and the business of implementation must begin.
Dates to remember
SB 5197 is scheduled to be heard in the Senate Local Government Committee on Monday, January 20 at 1:30 pm.
HB 1135 is scheduled for a committee vote in the House Local Government Committee on Friday, January 24 at 10:30 am.