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 The county then repealed the non-compliant detached ADU ordinance and reverted to their previous ordinance, in place since 2002.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.