SB 5611 was amended to remove a problematic provision for cities.

SB 5611 passed the Senate with the following helpful change:

Removed provisions establishing that, for a project permit application to provide one or more residential housing units within the incorporated areas of an urban growth area, a local government may not deny a project permit or approve a project permit with conditions or restrictions that have a substantial adverse impact on the viability of the project or the degree of affordability of the project if the deadlines lapse without a decision or mutually agreed extension unless at least one specified condition is met.

This version made it through the House without further changes. The bill still includes the changes to the Subdivision Act which requires multifamily residential properties to be considered commercial property for the purpose of binding site plans.

SB 5611 also clarifies that, yes, cities can modify the timelines in the Local Project Review Act (SB 5290 (2023)) and can also, with written approval from the applicant, extend the permit timelines – but not at the outset of the application. The bill head’s to the Governor’s desk.

In related news, the controversy around whether a building permit is or is not considered a “project permit” under the Local Project Review Act is now settled by the passage of HB 1935, which simply and expressly states: "Project permit" or "project permit application" does not include building permits. Thanks to Rep. Duerr for sponsoring this fix-it bill.

Another permit streamlining proposal

February 14, 2025

Although there is no intent section of SB 5611, the title suggests the intent is to streamline and clarify local government’s permitting workloads. It approaches this goal by adding more restrictions to the permit timeline session law of 2023 – SB 5290.

Sponsored by Sen. Jesse Salomon (D–Shoreline), SB 5611 focuses its attention on the project permit timelines amendments, but also makes an interesting change to the Subdivision Act. First, here are the changes it makes to the permit processing timelines statute:

• Cities can’t require or request a permit deadline extension at initial submission of the permit application
• If the permit application proposes to develop residential housing in the city’s urban growth area, and the permit deadline elapses, a city cannot deny the permit or approve the permit with conditions that would impact the viability of the project or its affordability, unless:
  • To comply with state or federal law;
  • Impacts a critical area or buffer; or
  • Conflicts with shoreline master program or local zoning or comprehensive plan.

Second, the bill makes amendments to the binding site plan provisions in the Subdivision Act:

• The use of a binding site plan for commercial property would include zones that permit or conditionally permit multifamily residential use.
• The Subdivision Act requirements would not apply to the binding site plan, including the change above.

The permit processing timelines changes are not new concepts, and we continue to oppose them; but please let us know if the changes to the binding site plan definition will have a negative impact on your city.

Date to remember

SB 5611 is scheduled for a public hearing in the Senate Local Government Committee on Monday, February 17 at 1:30 pm.