Several important land use laws go into effect soon

A busy legislative session dealing with land use issues leaves cities with several laws going into effect next month. The following become effective on June 9:

• SB 5818 contains expanded authority for cities to declare certain types of residential development categorically exempt from SEPA review. The policy also provides new SEPA appeal safe harbor to adoption of ordinances, development regulations and other non-project actions that increase housing capacity or affordability, and such ordinances that mitigate displacement. Changes are also made to SEPA analysis for transportation and aesthetics.
• SB 5593 Provides new tools to facilitate movement of land in and out of urban growth areas.
• SB 5042 was referred to as “closing the vesting loophole.” It sets the effective date of any ordinances that expand an urban growth area, removes designation of resource lands, creates a limited area of more intense rural development, establishes a new fully contained community, or creates or expands a master planned resort. The effective date is the later of sixty days, or if a challenge is made to the Growth Management Hearings Board, upon issuance of the board’s final order.
• HB 1717 creates a new process to facilitate voluntary joint planning between cities and Native American tribal nations. An ordinance passed by a tribal council indicating a desire for such planning then triggers a process for development of a mutually agreeable memorandum of understanding, with assistance for mediation from the state if necessary.