ADU preemption bill changes in committee

The only accessory dwelling unit (ADU) bill still alive now limits the scope of the bill and provides an exception to the preemption on parking requirements.

The House advanced SB 6617 out of committee but made changes first, including a striking amendment (starts the bill from scratch).

The striking amendment, plus two additional amendments, made the following changes to the bill:

• Limits the scope of the bill to cities, and provides that ADU requirements and the State Environmental Policy Act (SEPA) appeal exemption do not apply to counties;
• Makes technical corrections to clarify that the only ADU policies that are mandatory for cities is the prohibition on requiring parking in areas that are within one-quarter of a mile of a major transit stop (rather than one-half of a mile in the previous version);
  • Exception: Unless the city has determined that the ADU is in an area with a lack of access to street parking capacity, physical space impediments, or other reasons supported by evidence that would make on-street parking infeasible.
  • Limits the types of bus and other fixed-route service stops that qualify as major transit stops to those that are served every 15 minutes during peak hours of operation.
• Provides that local ADU ordinances and development regulations are not exempt from appeal under the Growth Management Act or SEPA on properties zoned such that single-family housing units are a nonconforming use.

This is a significant improvement over previous versions, but it is still dictating how local land use decisions regarding ADUs are made. If you remain opposed to this preemption it is important that you communicate that with your House delegation.