H-0498.2

HOUSE BILL 1818

ByRepresentatives Penner, Parshley, Klicker, Nance, Stuebe, Barkis, Barnard, Low, Connors, Walen, Manjarrez, and Leavitt

AN ACT Relating to the administration of plats; amending RCW 58.17.010, 58.17.020, 58.17.033, 58.17.035, 58.17.040, 58.17.065, 58.17.070, 58.17.080, 58.17.095, 58.17.100, 58.17.110, 58.17.120, 58.17.130, 58.17.140, 58.17.150, 58.17.155, 58.17.160, 58.17.165, 58.17.170, 58.17.180, 58.17.190, 58.17.195, 58.17.200, 58.17.210, 58.17.212, 58.17.215, 58.17.217, 58.17.225, 58.17.240, 58.17.250, 58.17.255, 58.17.280, 58.17.310, and 58.17.320; reenacting and amending RCW 58.17.040; adding new sections to chapter 58.17 RCW; creating a new section; repealing RCW 58.17.030, 58.17.060, 58.17.090, 58.17.092, 58.17.275, and 58.17.330; providing an effective date; and providing an expiration date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 2. RCW 58.17.010 and 1981 c 293 s 1 are each amended to read as follows:

The legislature finds that the process by which land is divided is a matter of state concern and should be administered in a uniform manner by cities, towns, and counties throughout the state. The purpose of this chapter is to regulate the ((subdivision))division of land, alteration of property boundaries, and to promote the public health, safety, and general welfare in accordance with standards established by the state ((to prevent the overcrowding of land;)) to lessen congestion in the streets and highways; to promote ((effective))efficient use of land; ((to promote safe and convenient travel by the public on streets and highways;)) to provide for adequate light and air; to facilitate adequate provision for water, sewerage, parks and recreation areas, sites for schools and schoolgrounds, and other public requirements; to provide for proper ingress and egress; to provide for the expeditious review and approval of proposed subdivisions which conform to ((zoning standards and local plans and policies))local comprehensive plans, zoning, and development regulations; to adequately provide for the housing and commercial needs of the ((citizens))people of the state; and to require ((uniform monumenting of land subdivisions and conveyancing by accurate legal description))a uniform process for the division of land, and conveyances with accurate legal descriptions.

Sec. 3. RCW 58.17.020 and 2002 c 262 s 1 are each amended to read as follows:

As used in this chapter, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this section shall have the indicated meanings.

(1) "Subdivision" is the division or redivision of land into ((five))two or more lots, tracts, parcels, sites, or divisions for the purpose of sale, lease, or transfer of ownership, except as provided in subsection (6) of this section.

(2) "Plat" is a map or representation of a subdivision, showing thereon the division of a tract or parcel of land into lots, blocks, streets and alleys, or other divisions and dedications.

(3) "Dedication" is the deliberate appropriation of land by an owner for any general and public uses, reserving to himself or herself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been ((devoted))dedicated. The intention to dedicate shall be evidenced by the owner ((by the presentment for filing of))presenting a final plat ((or short plat)) showing the dedication thereon; and, the acceptance by the public shall be evidenced by the approval of such plat for filing by the appropriate governmental unit.

A dedication of an area of less than two acres for use as a public park may include a designation of a name for the park, in honor of a deceased individual of good character.

(4) "Preliminary plat" is a neat and approximate drawing of a proposed subdivision showing the general layout of streets and alleys, lots, blocks, tracts, and other elements of a subdivision consistent with the requirements of this chapter. The preliminary plat shall be the basis for the approval or disapproval of the general layout of a subdivision for which a complete application has been submitted for approval on or before June 30, 2026.

(5) "Final plat" is the final drawing of the subdivision ((and dedication)) prepared for filing for record with the county auditor and containing all elements and requirements set forth in this chapter and in local regulations adopted under this chapter.

(6) "Short subdivision" is the division or redivision of land into ((four))nine or fewer lots, tracts, parcels, ((sites, or divisions))or blocks for the purpose of sale, lease, or transfer of ownership for which a complete application has been submitted for approval on or before June 30, 2026. ((However, the legislative authority of any city or town may by local ordinance increase the number of lots, tracts, or parcels to be regulated as short subdivisions to a maximum of nine. The legislative authority of any county planning under RCW 36.70A.040 that has adopted a comprehensive plan and development regulations in compliance with chapter 36.70A RCW may by ordinance increase the number of lots, tracts, or parcels to be regulated as short subdivisions to a maximum of nine in any urban growth area.))

(7) "Binding site plan" means a drawing to a scale specified by local ordinance which: (a) Identifies and shows the areas and locations of all streets, roads, improvements, utilities, open spaces, and any other matters specified by local development regulations; (b) contains inscriptions or attachments setting forth such appropriate limitations and conditions for the use of the land as are established by the ((local government body))city, town, or county having authority to approve the site plan; and (c) contains provisions making any development be in conformity with the site plan.

(8) "Short plat" is the map or representation of a short subdivision for which a complete application is submitted for approval on or before June 30, 2026, and which is submitted for filing with the auditors of the counties in which the short subdivision is located.

(9) "Lot" is a fractional part of divided lands having fixed boundaries, being of sufficient area and dimension to meet minimum zoning requirements for width and area. ((The term shall include tracts or parcels.))

(10) "Block" is a group of lots, tracts, or parcels within well defined and fixed boundaries.

(11) "County treasurer" shall be as defined in chapter 36.29 RCW or the office or person assigned such duties under a county charter.

(12) "County auditor" shall be as defined in chapter 36.22 RCW or the office or person assigned such duties under a county charter.

(13) "County road engineer" shall be as defined in chapter 36.40 RCW or the office or person assigned such duties under a county charter.

(14) "Planning commission" means that body as defined in chapter 36.70, 35.63, or 35A.63 RCW as designated by the legislative body to perform a planning function ((or that body assigned such duties and responsibilities under a city or county charter)).

(15) "County commissioner" shall be as defined in chapter 36.32 RCW or the body assigned such duties under a county charter.

Sec. 4. RCW 58.17.033 and 1987 c 104 s 2 are each amended to read as follows:

(1) Every subdivision of land must comply with the provisions of this chapter.

(3) A proposed division of land((, as defined in RCW 58.17.020,)) shall be considered under the applicable subdivision ((or short subdivision)) ordinance, ((and)) zoning ((or other land use control ordinances, in effect on the land at the time a fully completed application for preliminary plat approval of the subdivision, or short plat approval of the short subdivision, has been submitted to the appropriate county, city, or town official)), and other development regulations in effect at the time an application for plat approval of a subdivision is submitted to the authorized official and is deemed to be complete in accordance with RCW 36.70B.070.

(((2)))(4) The requirements for a fully completed application shall be defined by local ordinance consistent with the requirements of chapter 36.70B RCW. A city, town, or county may not prohibit the submittal of a complete application based on a requirement not expressed in state law or local ordinance. This subsection does not operate to allow for or require any public meeting or other form of community engagement as a prerequisite to submittal of a complete application.

(((3)))(5) The limitations imposed by this section shall not restrict conditions imposed under chapter 43.21C RCW.

Sec. 5. RCW 58.17.035 and 1987 c 354 s 2 are each amended to read as follows:

((A city, town, or county may adopt by ordinance procedures for the divisions of land by use of a binding site plan as an alternative to the procedures required by this chapter. The ordinance shall be limited and only apply to one or more of the following: (1) The use of a binding site plan to divisions for sale or lease of commercially or industrially zoned property as provided in RCW 58.17.040(4); (2) divisions of property for lease as provided for in RCW 58.17.040(5); and (3) divisions of property as provided for in RCW 58.17.040(7). Such ordinance may apply the same or different requirements and procedures to each of the three types of divisions and shall provide for the alteration or vacation of the binding site plan, and may provide for the administrative approval of the binding site plan.

The binding site plan, after approval, and/or when specific lots are administratively approved, shall be filed with the county auditor with a record of survey. Lots, parcels, or tracts created through the binding site plan procedure shall be legal lots of record. The number of lots, tracts, parcels, sites, or divisions shall not exceed the number of lots allowed by the local zoning ordinances.))(1) A city, town, or county may adopt by ordinance procedures for the divisions of land into lots, tracts, or parcels through approval and recording of a binding site plan as an alternate method to the subdivision procedures in this chapter only for the following purposes:

(5) All provisions, conditions, and requirements of the binding site plan shall be legally enforceable on the purchaser or any other person acquiring a lease or other ownership interest of any lot((, parcel,)) or tract created pursuant to the binding site plan.

((Any sale, transfer, or lease of any lot, tract, or parcel created pursuant to the binding site plan, that does not conform to the requirements of the binding site plan or without binding site plan approval, shall be considered a violation of chapter 58.17 RCW and shall be restrained by injunctive action and be illegal as provided in chapter 58.17 RCW.))(6) It is a violation of this chapter, and may be restrained by injunctive action and found illegal as provided in this chapter, to sell, transfer, or lease any lot or tract that is on a binding site plan that has not been approved and recorded or does not conform to the requirements of the binding site plan.

Sec. 6. RCW 58.17.040 and 2024 c 190 s 2 are each amended to read as follows:

The provisions of this chapter shall not apply to:

(1) ((Cemeteries))Divisions of land into cemeteries and other burial plots while used for that purpose;

(2) Divisions of land into lots or tracts each of which is one-one hundred twenty-eighth of a section of land or larger, or five acres or larger if the land is not capable of description as a fraction of a section of land, unless the ((governing))legislative authority of the city, town, or county in which the land is situated shall have adopted a subdivision ordinance requiring ((plat)) approval of such divisions((: PROVIDED, That for purposes of computing the size of any lot under this item which borders on a street or road, the lot size shall be expanded to include that area which would be bounded by the center line of the road or street and the side lot lines of the lot running perpendicular to such center line));

(3) Divisions made by testamentary provisions, or the laws of descent;

(4) Divisions of land into lots or tracts classified for industrial, mixed-used development that includes residential use, or commercial use when the city, town, or county has approved a binding site plan pursuant to RCW 58.17.035 for the use of the land in accordance with local codes and development regulations;

(5) ((A division))Divisions of land to create lots or tracts for the purpose of lease when no residential structure other than mobile homes, tiny houses or tiny houses with wheels as defined in RCW 35.21.686, or travel trailers are permitted to be placed upon the land when the city, town, or county has approved a binding site plan pursuant to RCW 58.17.035 for the use of the land in accordance with local regulations;

(6) ((A division made for the purpose of alteration by adjusting boundary lines, between platted or unplatted lots or both, which does not create any additional lot, tract, parcel, site, or division nor create any lot, tract, parcel, site, or division which contains insufficient area and dimension to meet minimum requirements for width and area for a building site;))Any boundary line adjustment that: (a) Alters boundary lines between platted or unplatted lots or tracts; (b) does not create an additional lot or tract; and (c) does not create or result in any lot or tract having insufficient size and dimensions to meet minimum requirements for width and area for a building site as established by applicable development regulations of the city, town, or county;

(7) Divisions of land into lots or tracts through a binding site plan pursuant to RCW 58.17.035 if: (a) Such division is the result of subjecting a portion of a parcel or tract of land to either chapter 64.32 or 64.34 RCW subsequent to the recording of a binding site plan for all such land; (b) the improvements constructed or to be constructed thereon are required by the provisions of the binding site plan to be included in one or more condominiums or owned by an association or other legal entity in which the owners of units therein or their owners' associations have a membership or other legal or beneficial interest; (c) a city, town, or county has approved the binding site plan ((for all such land)); and (d) such approved binding site plan is recorded in the county or counties in which such land is located; ((and (e) the binding site plan contains thereon the following statement: "All development and use of the land described herein shall be in accordance with this binding site plan, as it may be amended with the approval of the city, town, or county having jurisdiction over the development of such land, and in accordance with such other governmental permits, approvals, regulations, requirements, and restrictions that may be imposed upon such land and the development and use thereof. Upon completion, the improvements on the land shall be included in one or more condominiums or owned by an association or other legal entity in which the owners of units therein or their owners' associations have a membership or other legal or beneficial interest. This binding site plan shall be binding upon all now or hereafter having any interest in the land described herein." The binding site plan may, but need not, depict or describe the boundaries of the lots or tracts resulting from subjecting a portion of the land to either chapter 64.32 or 64.34 RCW. A site plan shall be deemed to have been approved if the site plan was approved by a city, town, or county: (i) In connection with the final approval of a subdivision plat or planned unit development with respect to all of such land; or (ii) in connection with the issuance of building permits or final certificates of occupancy with respect to all of such land; or (iii) if not approved pursuant to (i) and (ii) of this subsection (7)(e), then pursuant to such other procedures as such city, town, or county may have established for the approval of a binding site plan;))

(8) ((A division))Divisions of land for the purpose of leasing land for facilities providing personal wireless services while used for that purpose. "Personal wireless services" means any federally licensed personal wireless service. "Facilities" means unstaffed facilities that are used for the transmission or reception, or both, of wireless communication services including, but not necessarily limited to, antenna arrays, transmission cables, equipment shelters, and support structures;

(9) ((A division))Divisions of land into lots or tracts of less than three acres that is recorded in accordance with chapter 58.09 RCW and is used or to be used for the purpose of establishing a site for construction and operation of consumer-owned or investor-owned electric utility facilities. For purposes of this subsection, "electric utility facilities" means unstaffed facilities, except for the presence of security personnel, that are used for or in connection with or to facilitate the transmission, distribution, sale, or furnishing of electricity including, but not limited to, electric power substations. This subsection does not exempt ((a division))divisions of land from the zoning ((and permitting laws))codes and development regulations of cities, towns, counties, and other municipal corporations. Furthermore, this subsection only applies to electric utility facilities that will be placed into service to meet the electrical needs of a utility's existing and new customers. New customers are defined as electric service locations not already in existence as of the date that electric utility facilities subject to the provisions of this subsection are planned and constructed; ((and))

(10) A division of land into lots or tracts of less than two acres that is recorded in accordance with chapter 58.09 RCW and is used or to be used for the purpose of establishing a site for construction and operation of a rural fire district station, provided the proposed lots or tracts contain sufficient area and dimensions to meet minimum building site width and area requirements, and appropriate provisions are made for potable water supplies and sanitary wastes; and

(11) Divisions of land to split an existing lot or parcel into up to two lots or parcels in accordance with section 37 of this act.

Sec. 7. RCW 58.17.040 and 2024 c 321 s 407 and 2024 c 190 s 2 are each reenacted and amended to read as follows:

The provisions of this chapter shall not apply to:

(1) ((Cemeteries))Divisions of land into cemeteries and other burial plots while used for that purpose;

(2) Divisions of land into lots or tracts each of which is one-one hundred twenty-eighth of a section of land or larger, or five acres or larger if the land is not capable of description as a fraction of a section of land, unless the ((governing))legislative authority of the city, town, or county in which the land is situated shall have adopted a subdivision ordinance requiring ((plat)) approval of such divisions((: PROVIDED, That for purposes of computing the size of any lot under this item which borders on a street or road, the lot size shall be expanded to include that area which would be bounded by the center line of the road or street and the side lot lines of the lot running perpendicular to such center line));

(3) Divisions made by testamentary provisions, or the laws of descent;

(4) Divisions of land into lots or tracts classified for industrial, mixed-use development that includes residential use, or commercial use when the city, town, or county has approved a binding site plan pursuant to RCW 58.17.035 for the use of the land in accordance with local codes and development regulations;

(5) ((A division))Divisions of land to create lots or tracts for the purpose of lease when no residential structure other than mobile homes, tiny houses or tiny houses with wheels as defined in RCW 35.21.686, or travel trailers are permitted to be placed upon the land when the city, town, or county has approved a binding site plan pursuant to RCW 58.17.035 for the use of the land in accordance with local regulations;

(6) ((A division made for the purpose of alteration by adjusting boundary lines, between platted or unplatted lots or both, which does not create any additional lot, tract, parcel, site, or division nor create any lot, tract, parcel, site, or division which contains insufficient area and dimension to meet minimum requirements for width and area for a building site;))Any boundary line adjustment that: (a) Alters boundary lines between platted or unplatted lots or tracts; (b) does not create an additional lot or tract; and (c) does not create or result in any lot or tract having insufficient size and dimensions to meet minimum requirements for width and area for a building site as established by applicable development regulations of the city, town, or county;

(7) Divisions of land into lots or tracts through a binding site plan pursuant to RCW 58.17.035 if: (a) Such division is the result of subjecting a portion of a parcel or tract of land to chapter 64.90 RCW subsequent to the recording of a binding site plan for all such land; (b) the improvements constructed or to be constructed thereon are required by the provisions of the binding site plan to be included in one or more condominiums, cooperatives, or owned by an association or other legal entity in which the owners of units therein or their owners associations have a membership or other legal or beneficial interest; (c) a city, town, or county has approved the binding site plan ((for all such land)); and (d) such approved binding site plan is recorded in the county or counties in which such land is located; ((and (e) the binding site plan contains thereon the following statement: "All development and use of the land described herein shall be in accordance with this binding site plan, as it may be amended with the approval of the city, town, or county having jurisdiction over the development of such land, and in accordance with such other governmental permits, approvals, regulations, requirements, and restrictions that may be imposed upon such land and the development and use thereof. Upon completion, the improvements on the land shall be included in one or more condominiums, cooperatives, or owned by an association or other legal entity in which the owners of units therein or their owners associations have a membership or other legal or beneficial interest. This binding site plan shall be binding upon all now or hereafter having any interest in the land described herein." The binding site plan may, but need not, depict or describe the boundaries of the lots or tracts resulting from subjecting a portion of the land to chapter 64.90 RCW. A site plan shall be deemed to have been approved if the site plan was approved by a city, town, or county: (i) In connection with the final approval of a subdivision plat or planned unit development with respect to all of such land; or (ii) in connection with the issuance of building permits or final certificates of occupancy with respect to all of such land; or (iii) if not approved pursuant to (i) and (ii) of this subsection (7)(e), then pursuant to such other procedures as such city, town, or county may have established for the approval of a binding site plan;))

(8) ((A division))Divisions of land for the purpose of leasing land for facilities providing personal wireless services while used for that purpose. "Personal wireless services" means any federally licensed personal wireless service. "Facilities" means unstaffed facilities that are used for the transmission or reception, or both, of wireless communication services including, but not necessarily limited to, antenna arrays, transmission cables, equipment shelters, and support structures;

(9) ((A division))Divisions of land into lots or tracts of less than three acres that is recorded in accordance with chapter 58.09 RCW and is used or to be used for the purpose of establishing a site for construction and operation of consumer-owned or investor-owned electric utility facilities. For purposes of this subsection, "electric utility facilities" means unstaffed facilities, except for the presence of security personnel, that are used for or in connection with or to facilitate the transmission, distribution, sale, or furnishing of electricity including, but not limited to, electric power substations. This subsection does not exempt a division of land from the zoning and permitting laws and regulations of cities, towns, counties, and municipal corporations. Furthermore, this subsection only applies to electric utility facilities that will be placed into service to meet the electrical needs of a utility's existing and new customers. New customers are defined as electric service locations not already in existence as of the date that electric utility facilities subject to the provisions of this subsection are planned and constructed; ((and))

(10) A division of land into lots or tracts of less than two acres that is recorded in accordance with chapter 58.09 RCW and is used or to be used for the purpose of establishing a site for construction and operation of a rural fire district station, provided the proposed lots or tracts contain sufficient area and dimensions to meet minimum building site width and area requirements, and appropriate provisions are made for potable water supplies and sanitary wastes; and

(11) Divisions of land to split an existing lot or parcel into up to two lots or parcels in accordance with section 37 of this act.

Sec. 8. RCW 58.17.065 and 1974 ex.s. c 134 s 12 are each amended to read as follows:

Each short plat and short subdivision granted by a city, town, or county pursuant to local regulations after July 1, 1974, and for which a complete application was submitted for approval on or before June 30, 2026, shall be ((filed))recorded with the county auditor of the county or counties in which the land is located and shall not be deemed "approved" ((until so filed))unless the documents are recorded.

Sec. 9. RCW 58.17.070 and 1981 c 293 s 4 are each amended to read as follows:

((A preliminary plat of proposed subdivisions and dedications of land shall be submitted for approval to the legislative body of the city, town, or county within which the plat is situated.

Unless an applicant for preliminary plat approval requests otherwise, a preliminary plat shall be processed simultaneously with applications for rezones, variances, planned unit developments, site plan approvals, and similar quasi-judicial or administrative actions to the extent that procedural requirements applicable to these actions permit simultaneous processing.))All applications for approval of a proposed plat to subdivide land submitted and deemed to be complete on or after July 1, 2026, must be processed administratively regardless of the number of lots or tracts to be created through such subdivision. A city, town, or county shall adopt an ordinance providing for administrative review of subdivision applications without a requirement for a public hearing except as provided in this section. The administrative review process for subdivision applications must include the following minimum requirements:

Sec. 10. RCW 58.17.080 and 1982 c 23 s 1 are each amended to read as follows:

Notice of the filing of a ((preliminary plat of a proposed subdivision adjacent to or within one mile of the municipal boundaries of a city or town, or which contemplates the use of any city or town utilities shall be given to the appropriate city or town authorities. Any notice required by this chapter shall include the hour and location of the hearing and a description of the property to be platted. Notice of the filing of a preliminary plat of a proposed subdivision located in a city or town and adjoining the municipal boundaries thereof shall be given to appropriate county officials. Notice of the filing of a preliminary plat of a proposed subdivision located adjacent to the right-of-way of a state highway or within two miles of the boundary of a state or municipal airport shall be given to the secretary of transportation. In the case of notification to the secretary of transportation, the secretary shall respond to the notifying authority within fifteen days of such notice as to the effect that the proposed subdivision will have on the state highway or the state or municipal airport))plat application for approval of a proposed subdivision must be provided to affected cities, towns, counties, state and local governmental agencies, utility providers, and other people and entities as set forth in the regulations adopted by a county, city, or town pursuant to chapter 36.70B RCW.

Sec. 11. RCW 58.17.095 and 1986 c 233 s 1 are each amended to read as follows:

(1) A county, city, or town ((may adopt an ordinance providing for the administrative review of a preliminary plat without a public hearing by adopting an ordinance providing for such administrative review. The ordinance may specify a threshold number of lots in a subdivision above which a public hearing must be held, and may specify other factors which necessitate the holding of a public hearing. The administrative review process shall include the following minimum conditions:

(5) If the public hearing is waived as provided in this section, the planning commission or planning agency shall complete the review of the proposed preliminary plat and transmit its recommendation to the legislative body as provided in RCW 58.17.100))must adopt an ordinance providing for the administrative review of a preliminary plat for which a complete application was submitted and deemed complete on or before June 30, 2026, without a public hearing by adopting an ordinance providing for such administrative review. The ordinance must specify that public notice must be provided consistent with RCW 36.70B.110, except that any person has a period of 20 days from the date of the notice to comment upon the proposed preliminary plat or a period of 30 days from the date of the notice for proposed preliminary plats subject to chapter 90.58 RCW.

(3) The right to file a judicial appeal must be afforded to any person with standing for proposals subject to the provisions of this section. Judicial appeals must be administered pursuant to the requirements in the adopted local ordinance.

Sec. 12. RCW 58.17.100 and 2017 c 161 s 1 are each amended to read as follows:

((If a city, town or county has established a planning commission or planning agency in accordance with state law or local charter, such commission or agency shall review all preliminary plats and make recommendations thereon to the city, town or county legislative body to assure conformance of the proposed subdivision to the general purposes of the comprehensive plan and to planning standards and specifications as adopted by the city, town or county. Reports of the planning commission or agency shall be advisory only: PROVIDED, That the legislative body of the city, town or county may, by ordinance, assign to such commission or agency, or any department official or group of officials, such administrative functions, powers and duties as may be appropriate, including the holding of hearings, and recommendations for approval or disapproval of preliminary plats of proposed subdivisions.

Sole authority to adopt or amend platting ordinances shall reside in the legislative bodies. The legislative authorities of cities, towns, and counties may by ordinance delegate final plat approval to an established planning commission or agency, or to such other administrative personnel in accordance with state law or local charter.))A county, city, or town shall adopt an ordinance providing for the administrative review of a final plat for which a complete application was submitted and deemed complete on or before June 30, 2026, without a public hearing. The ordinance must specify that public notice must be provided consistent with RCW 36.70B.110.

Sec. 13. RCW 58.17.110 and 2018 c 1 s 104 are each amended to read as follows:

(1) The official authorized in an ordinance of a city, town, or county ((legislative body))to administratively review and approve or disapprove plats for proposed subdivision shall inquire into the public use and interest ((proposed)) to be served by the ((establishment of the))proposed subdivision and dedication. ((It))The authorized official shall determine((: (a) If appropriate provisions are made for, but not limited to, the public health, safety, and general welfare, for open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and schoolgrounds, and shall consider all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school; and (b) whether the public interest will be served by the subdivision and dedication))whether the proposed plat complies with the applicable comprehensive plan designation, development regulations, and other codes and design standards adopted by the city, town, or county and provides sidewalks and other planning features for safe nonmotorized transportation users. A proposed plat may be subject to conditions of approval necessary for compliance with applicable development regulations, codes, and design standards.

(2)(a) A plat for a proposed subdivision and dedication shall ((not)) be approved ((unless the city, town, or county legislative body makes written findings that: (a) Appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and schoolgrounds and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school; and (b) the public use and interest will be served by the platting of such subdivision and dedication. If it finds that the proposed subdivision and dedication make such appropriate provisions and that the public use and interest will be served, then the legislative body))if the authorized official makes written findings that it is consistent:

(b) Upon making such findings, the authorized official shall approve the plat application for the proposed subdivision and dedication. Dedication of land to any public body, provision of public improvements to serve the subdivision, and/or impact fees imposed under RCW 82.02.050 through 82.02.090 may be required as a condition of ((subdivision))plat approval. Dedications shall be clearly shown on the final plat. No dedication, provision of public improvements, or impact fees imposed under RCW 82.02.050 through 82.02.090 shall be allowed that constitutes an unconstitutional taking of private property. The ((legislative body))official with authority to approve plats shall not as a condition to the approval ((of any subdivision)) require a release from damages to be procured from other property owners.

(3) ((If the preliminary plat includes a dedication of a public park with an area of less than two acres and the donor has designated that the park be named in honor of a deceased individual of good character, the city, town, or county legislative body must adopt the designated name.

(4))) If water supply for a proposed subdivision is to be provided by a groundwater withdrawal exempt from permitting under RCW 90.44.050, the applicant's compliance with RCW 90.44.050 and with applicable rules adopted pursuant to chapters 90.22 and 90.54 RCW is sufficient in determining appropriate provisions for water supply for either a subdivision((, dedication, or short subdivision))or dedication, or both under this chapter.

Sec. 14. RCW 58.17.120 and 1974 ex.s. c 134 s 6 are each amended to read as follows:

The ((city, town, or county legislative body))official with authority to approve plats shall consider the physical characteristics of a proposed subdivision ((site)) and may disapprove or condition approval of a proposed plat ((because of))based on adopted development regulations and codes addressing flood, inundation, or swamp conditions. Construction of protective improvements may be required as a condition of plat approval, and such improvements shall be noted on the final plat.

No plat or final plat shall be approved ((by any city, town, or county legislative authority)) covering any land situated in a flood control zone as provided in chapter 86.16 RCW without the prior written approval of the department of ecology of the state of Washington.

Sec. 15. RCW 58.17.130 and 1974 ex.s. c 134 s 7 are each amended to read as follows:

Local development regulations shall provide that in lieu of the completion of the actual construction of any ((required)) improvements ((prior to the))required to obtain approval of a ((final)) plat, the city, town, or county ((legislative body)) may accept a bond with a surety, or other secure method, and subject to conditions satisfactory to it, in an amount ((and with surety and conditions satisfactory to it, or other secure method,))equal to 125 percent of the estimated construction cost providing for and securing to ((the municipality)) the actual construction and installation of such improvements within a time period ((specified))as required by the city, town, or county ((legislative body and expressed in the bonds)). In addition, local development regulations may provide for methods of security, including the posting of a bond securing to the municipality the successful operation of improvements for an appropriate period of ((time)) up to two years after final plat approval. The ((municipality))city, town, or county is hereby granted the power to enforce bonds authorized under this section by all appropriate legal and equitable remedies. Such local development regulations may provide that the improvements such as structures, sewers, and water systems shall be designed and certified by or under the supervision of a registered civil engineer prior to the acceptance of such improvements.

Sec. 16. RCW 58.17.140 and 2013 c 16 s 1 are each amended to read as follows:

(1) ((Preliminary plats of any proposed subdivision and dedication shall be approved, disapproved, or returned to the applicant for modification or correction within ninety days from date of filing thereof unless the applicant consents to an extension of such time period or the ninety day limitation is extended to include up to twenty-one days as specified under RCW 58.17.095(3): PROVIDED, That if))If a plat of a proposed subdivision and dedication as submitted does not meet the criteria for approval in RCW 58.17.110, it shall be returned to the applicant for modification or correction within the time period established by the city, town, or county pursuant to chapter 36.70B RCW but in no event later than 30 days from the date of the determination of completeness unless the applicant consents to an extension of the time period.

(2) If an environmental impact statement is required as provided in RCW 43.21C.030 for a proposed plat, the ((ninety day period))time periods set forth in this subsection and subsection (1) of this section shall not include the time spent preparing and circulating the environmental impact statement by the local government agency.

(((2)))(3) Final plats ((and short plats)) shall be approved, disapproved, or returned to the applicant within ((thirty))30 days from the date of filing thereof, unless the applicant consents to an extension of such time period.

(((3)(a) Except as provided by (b) of this subsection, a))(4)(a) A final plat meeting all requirements of this chapter shall be submitted to the ((legislative body))authorized official of the city, town, or county for approval ((within seven years of the date of preliminary plat approval if the date of preliminary plat approval is on or before December 31, 2014, and)) within five years of the date of ((preliminary)) plat approval if the date of ((preliminary plat approval is on or after January 1, 2015))the determination of completeness is on or after July 1, 2026. A city, town, or county may not prohibit the submission of an application for approval of a final plat prior to completion of construction for the plat improvements.

(b) A final plat or a plat, if its application was submitted and deemed complete after July 1, 2026, meeting all requirements of this chapter shall be submitted to the ((legislative body))authorized official of the city, town, or county for approval within ((ten))five years of the date of preliminary plat approval ((if the project is not subject to requirements adopted under chapter 90.58 RCW and the date of preliminary plat approval is on or before December 31, 2007))for any plat application that is deemed complete on or before June 30, 2026, and for any plat application submitted on or after July 1, 2026; provided, if an administrative or judicial appeal is filed regarding approval of a preliminary plat or a plat, then the date of approval for commencement of the five-year period may not commence until such appeal is completed and final.

(((4)))(5) Nothing contained in this section shall act to prevent any city, town, or county from adopting by ordinance procedures ((which))that would allow for the extensions of the time ((that may or may not contain additional or altered conditions and requirements))periods in this section in which to submit a final plat for approval. Extensions may contain additional or amended conditions and requirements than what was required for the approval of the plat deemed necessary to comply with applicable development regulations, codes, and design standards.

Sec. 17. RCW 58.17.150 and 1983 c 121 s 4 are each amended to read as follows:

Each approved preliminary plat for which an application was deemed to be complete on or before June 30, 2026, and each plat application with a date of completeness on or after July 1, 2026, that is submitted for final plat approval of the ((legislative body))authorized official shall be accompanied by ((the following agencies')) recommendations for approval or disapproval from the following:

(1) ((Local))The local health department or other agency furnishing sewage disposal and supplying water as to the adequacy of the proposed means of sewage disposal and water supply;

(2) ((Local))The local planning ((agency or commission,))department charged with the responsibility of reviewing plats ((and))of proposed subdivisions((,)) as to compliance with all ((terms))conditions of the ((preliminary)) approval of the ((proposed)) plat ((subdivision)) or dedication; and

(3) ((City))The city, town, or county engineer.

Except as provided in RCW 58.17.140, an ((agency or person issuing a recommendation for subsequent approval under subsections (1) and (3) of this section))authorized official issuing a decision on the final plat under this section shall not modify the terms of its ((recommendations))decision without the consent of the applicant.

Sec. 18. RCW 58.17.155 and 1984 c 47 s 1 are each amended to read as follows:

((Whenever))The review procedures for subdivision applications adopted by a city, town, or county pursuant to chapter 36.70B RCW to implement this chapter must include a requirement that notice be given, including a legal description and a location map, to the Washington state department of transportation whenever a city, town, or county receives an application for the approval of a ((short plat of a short subdivision))plat for the proposed subdivision of land that is ((located)) adjacent to the right-of-way of a state highway((, the responsible administrator shall give written notice of the application, including a legal description of the short subdivision and a location map, to the department of transportation)). The department shall, within ((fourteen))the time period proscribed by the local development regulations, but no later than 14 days after receiving the notice, submit to the responsible ((administrator))official who furnished the notice ((a statement with any)), comments, and information ((that)) the department deems to be relevant about the effect of the proposed ((short)) subdivision upon the legal access to the state highway, the traffic carrying capacity of the state highway, and the safety of the users of the state highway.

Sec. 19. RCW 58.17.160 and 1985 c 99 s 1 are each amended to read as follows:

((Each and every plat,))Every final plat or replat((,)) of any ((property))land filed for record shall:

(1) Contain a statement of approval from the city, town, or county licensed ((road)) engineer or by a licensed engineer acting on behalf of the city, town, or county as to the layout of streets, alleys, and other rights-of-way, design of bridges, sewage and water systems, and other structures;

(2) Be accompanied by a complete survey of the section or sections in which the plat or replat is located made to surveying standards adopted by the division of engineering services of the department of natural resources pursuant to RCW 58.24.040((.));

(3) ((Be acknowledged by the person filing the plat before the))Include properly acknowledged signatures of any owner, lienholder, or beneficiary of a deed of trust for the filing of the plat with the auditor of the county in which the land is located, or any other officer who is authorized by law to take acknowledgment of deeds, and a certificate of said acknowledgment shall be enclosed or annexed to such plat and recorded therewith((.)); and

(4) Contain a certification from the ((proper))appropriate officer or officers ((in charge of))in the city, town, or county responsible for tax collections that all taxes and delinquent assessments for which the property may be liable as of the date of certification have been duly paid, satisfied, or discharged.

No engineer, who is ((connected in any way with the subdividing and platting of the))involved in preparing a plat or materials related thereto for an application to subdivide and plat land for which subdivision approval is sought, shall be authorized to examine and approve such plats on behalf of any city, town, or county.

Sec. 20. RCW 58.17.165 and 1981 c 293 s 9 are each amended to read as follows:

Every final plat ((or short plat)) of a subdivision ((or short subdivision)) filed for record must contain a certificate giving a full and correct description of the lands divided as they appear on the plat ((or short plat)), including a statement that the subdivision ((or short subdivision)) has been made with the free consent and in accordance with the desires of the owner or owners.

If the final plat ((or short plat)) is subject to a dedication, the certificate or a separate written instrument shall contain the dedication of all streets and other areas to the public, and individual or individuals, religious society or societies, or to any corporation, public or private as shown on the plat ((or short plat)) and a waiver of all claims for damages against any governmental authority which may be occasioned to the adjacent land by the established construction, drainage, and maintenance of said road. ((Said))The certificate or instrument of dedication shall be signed and acknowledged before a notary public by all parties having any ownership interest in the lands subdivided and recorded as part of the final plat.

Every final plat ((and short plat))filed for record containing a dedication ((filed for record)) must be accompanied by a title report confirming that the title of the lands as described and shown on ((said))the plat is in the name of the owner or owners signing the certificate or instrument of dedication.

((An offer of))A dedication of land for public streets may include a waiver of the right of direct access to any public street from ((any property, and if the dedication is accepted, any such waiver is effective))the land proposed for subdivision with such dedication. If accepted, the dedication becomes effective upon recording of the final plat or other certificate or instrument of dedication. Such waiver may be required by local authorities as a condition of approval of the plat for the subdivision. Roads not dedicated to the public must be clearly marked as private roads on the face of the final plat. Any dedication, donation, or grant as shown on the face of the final plat shall be ((considered to))deemed to be for all intents and purposes((, as)) a quitclaim deed to the said donee or donees, or grantee or grantees for his, her, or their use for the purpose intended by the donors or grantors ((as aforesaid)).

Sec. 21. RCW 58.17.170 and 2017 c 161 s 2 are each amended to read as follows:

(1) When the ((legislative body of the city, town, or county, or such other agency as authorized by RCW 58.17.100,))authorized official finds that the final plat for the subdivision ((proposed for final plat approval)) conforms to all ((terms of the preliminary plat approval, and that said subdivision))conditions of approval, and that the final plat meets the requirements of this chapter, other applicable state laws, and any local ordinances adopted under this chapter which were in effect ((at the time of preliminary plat approval))when the application for approval of the plat for the proposed subdivision was deemed to be complete, it shall suitably inscribe and execute its written approval on the face of the final plat. ((The original of said final plat shall be filed for record with the county auditor. One reproducible copy shall be furnished to the city, town, or county engineer. One paper copy shall be filed with the county assessor. Paper copies shall be provided to such other agencies as may be required by ordinance.))The final plat must be filed for record consistent with the recording requirements of the county auditor for each county in which the land being subdivided is located. Electronic or paper copies, or both, of the final plat must be provided to the city, town, or county engineer, and to such other agencies as required by ordinance.

(2)(((a) Except as provided by (b) of this subsection, any))Any lots in a final plat filed for record shall be a valid land use notwithstanding any change in zoning laws for a period of ((seven years from the date of filing if the date of filing is on or before December 31, 2014, and for a period of)) five years from the date of filing if the date of filing is on or after January 1, 2015.

(((b) Any lots in a final plat filed for record shall be a valid land use notwithstanding any change in zoning laws for a period of ten years from the date of filing if the project is not subject to requirements adopted under chapter 90.58 RCW and the date of filing is on or before December 31, 2007.))

(3)(((a) Except as provided by (b) of this subsection, a))A subdivision shall be governed by the terms ((of approval)) of the final plat approval, and the statutes, ordinances, and regulations in effect at the time of approval under RCW 58.17.150 (1) and (3) ((for a period of seven years after final plat approval if the date of final plat approval is on or before December 31, 2014, and)) for a period of five years after final plat approval if the date of final plat approval is on or after January 1, 2015, unless the legislative body finds that a change in conditions creates a serious threat to the public health or safety in the subdivision.

(((b) A subdivision shall be governed by the terms of approval of the final plat, and the statutes, ordinances, and regulations in effect at the time of approval under RCW 58.17.150 (1) and (3) for a period of ten years after final plat approval if the project is not subject to requirements adopted under chapter 90.58 RCW and the date of final plat approval is on or before December 31, 2007, unless the legislative body finds that a change in conditions creates a serious threat to the public health or safety in the subdivision.))

Sec. 22. RCW 58.17.180 and 1995 c 347 s 717 are each amended to read as follows:

Any decision approving or disapproving any plat shall be reviewable under chapter 36.70C RCW; provided, however, that judicial review of a final plat is limited to whether the final plat satisfied all of the terms and conditions of plat approval for the subdivision.

Sec. 23. RCW 58.17.190 and 2017 c 161 s 3 are each amended to read as follows:

The county auditor shall refuse to accept any plat or dedication for filing until approval of the final plat has been given by the ((appropriate legislative body, or such other agency as authorized by RCW 58.17.100))authorized official. Should a plat or dedication be filed without such approval, the prosecuting attorney of the county in which the plat is filed shall apply for a writ of mandate in the name of and on behalf of the ((legislative body))authorized official required to approve ((same))the plat or dedication, directing the auditor and assessor to remove from their files or records the unapproved plat, or dedication of record.

Sec. 24. RCW 58.17.195 and 1981 c 293 s 14 are each amended to read as follows:

No plat ((or short plat)) may be approved unless the city, town, or county makes a formal written finding of fact that the proposed subdivision ((or proposed short subdivision is in conformity with any applicable zoning ordinance or other land use controls which may exist))conforms with the applicable zoning, development regulations, codes, and design standards in effect at the time the application for proposed subdivision is deemed complete as provided in RCW 58.17.033.

Sec. 25. RCW 58.17.200 and 1969 ex.s. c 271 s 20 are each amended to read as follows:

Whenever any parcel of land is divided through a subdivision into ((five))two or more lots, tracts, or parcels of land and any person, firm, or corporation or any agent of any of them sells or transfers, or offers or advertises for sale or transfer, any such lot, tract, or parcel without having a final plat of such subdivision filed for record, the prosecuting attorney shall commence an action to restrain and enjoin further subdivisions or sales, or transfers, or offers of sale or transfer and compel compliance with all provisions of this chapter. The costs of such action shall be taxed against the person, firm, corporation, or agent selling or transferring the property.

Sec. 26. RCW 58.17.210 and 2010 c 8 s 18005 are each amended to read as follows:

((No))A city, town, or county may not issue any building permit, septic tank permit, or other development permit, ((shall be issued))or approval for any lot, tract, or parcel of land divided in violation of this chapter or local regulations adopted pursuant thereto, unless the authority authorized to issue such permit or approval finds that the public interest will not be adversely affected thereby. The prohibition contained in this section shall not apply to an innocent purchaser for value without actual notice of the violation of this chapter or local regulations. All purchasers' or transferees' property, other than property of an innocent purchaser for value, shall comply with provisions of this chapter and each purchaser or transferee may recover his or her damages from any person, firm, corporation, or agent selling or transferring land in violation of this chapter or local regulations adopted pursuant thereto, including any amount reasonably spent as a result of inability to obtain any development permit or approval and spent to conform to the requirements of this chapter as well as cost of investigation, suit, and reasonable attorneys' fees occasioned thereby. Such purchaser or transferee may as an alternative to conforming his or her property to these requirements, rescind the sale or transfer and recover costs of investigation, suit, and reasonable attorneys' fees occasioned thereby.

Sec. 27. RCW 58.17.212 and 1987 c 354 s 3 are each amended to read as follows:

Whenever any person is interested in the vacation of any recorded final plat for a subdivision or portion thereof, or any area designated or dedicated for public use, that person shall file an application for vacation with ((the legislative authority of)) the city, town, or county in which the subdivision is located. The application shall set forth the reasons for vacation and shall contain signatures of all parties having an ownership interest in that portion of the subdivision subject to vacation. If the subdivision is subject to restrictive covenants which were ((filed at the time of the approval))recorded and applicable to the recorded final plat of the subdivision, and the application for vacation would result in the violation of a covenant contained within such restrictive covenants, the application shall ((contain))include an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the vacation of the subdivision or portion thereof.

When the vacation application is specifically for a county road or a city or town street, the procedures for road vacation or street vacation in chapter 36.87 or 35.79 RCW shall be utilized for the road or street vacation. When the application is for the vacation of the entire final plat together with the roads and/or streets shown thereon, the procedure for vacation in this section shall be used, ((but vacations of streets may not be made that are prohibited under RCW 35.79.030, and))provided that vacations of roads may not be made that are prohibited under RCW 36.87.130.

The ((legislative authority of the)) city, town, or county shall give notice as provided in RCW 58.17.080 ((and 58.17.090)) and shall conduct a public hearing on the application for a vacation if required by local ordinance and may approve or deny the application for vacation of the subdivision ((after determining))based on determining whether the public use and interest ((to))would be served by the vacation of the subdivision. If any portion of the land contained in the subdivision was dedicated to the public for public use or benefit, such land, if not deeded to the city, town, or county, shall be deeded to the city, town, or county unless the ((legislative))city, town, or county authority shall set forth findings that the public use would not be served in retaining title to those lands.

Title to the vacated property shall vest with the rightful owner as shown in the county records. If the vacated land is land that was dedicated to the public, for public use other than a road or street, and the ((legislative)) authority has found that retaining title to the land is not in the public interest, title thereto shall vest with the person or persons owning the property on each side thereof, as determined by the ((legislative authority))authorized official. When the road or street that is to be vacated was contained wholly within the subdivision and is part of the boundary of the subdivision, title to the vacated road or street shall vest with the owner or owners of property contained within the vacated subdivision.

This section shall not be construed as applying to the vacation of any plat of state-granted tidelands or shorelands.

Sec. 28. RCW 58.17.215 and 1987 c 354 s 4 are each amended to read as follows:

When any person with an ownership interest in all or portions of a subdivision is interested in the alteration of any subdivision or the altering of any portion thereof, except as provided in RCW 58.17.040(6), that person ((shall))or a duly authorized representative may submit an application to request the alteration to the ((legislative authority))authorized official as governed by the local ordinance of the city, town, or county where the subdivision is located. The application shall ((contain the signatures of the))be signed by a majority of those persons having an ownership interest of lots, tracts, or parcels((, sites, or divisions)) in the subject subdivision ((or portion))that are proposed to be altered; provided, that the application for the alteration of any lots, tracts, or parcels held in common ownership by all lot owners in the subdivision shall be signed by the majority of all such owners. If the subdivision is subject to restrictive covenants ((which were filed at the time of the approval))applicable to the final plat of the subdivision, and the application for alteration would result in the violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the alteration of the subdivision or portion thereof.

Upon receipt of an application for alteration, the ((legislative body))authorized official shall provide notice of the application to all owners of property within the subdivision, and as provided for in RCW 58.17.080 ((and 58.17.090. The notice shall either establish a date for a public hearing or provide that a hearing may be requested by a person receiving notice within fourteen days of receipt of the notice.

The legislative body shall determine)). The authorized official may deny or approve the application based on its determination whether the proposed alteration would serve the public use and interest ((in the proposed alteration and may deny or approve the application for alteration)). If any land within the subdivision proposed for alteration is part of an assessment district, any outstanding assessments shall be equitably divided and levied against the remaining lots, parcels, or tracts, or be levied equitably on the lots resulting from the alteration. If any land within the alteration contains a dedication to the general use of persons residing within the subdivision, such land may be altered and divided equitably between the adjacent properties.

After approval of the alteration, the ((legislative body))authorized official shall order the applicant to produce a revised drawing of the approved alteration of the final plat ((or short plat)), which after signature of the ((legislative authority))authorized official, shall be filed with the county auditor to become the lawful plat of the property.

This section shall not be construed as applying to the alteration or replatting of any plat of state-granted tidelands or shorelands.

Sec. 29. RCW 58.17.217 and 1987 c 354 s 7 are each amended to read as follows:

Any hearing required by RCW 58.17.212((,))or 58.17.215((, or 58.17.060)) may be administered by a hearings examiner as provided in RCW ((58.17.330))58.17.070.

Sec. 30. RCW 58.17.225 and 1995 c 32 s 1 are each amended to read as follows:

((The granting of))Following the public hearing with notice to property owners in the affected subdivision, the authorized official of a city, town, or county may, without complying with the requirements of RCW 58.17.215, grant an easement for ingress and egress or utilities over public property that is held as open space ((pursuant to a subdivision or plat,))as part of the final plat where the open space is already used as a utility right-of-way or corridor, where other access is not feasible, and where the granting of the easement will not impair public access or authorize construction of physical barriers of any type((, may be authorized and exempted from the requirements of RCW 58.17.215 by the county, city, or town legislative authority following a public hearing with notice to the property owners in the affected plat)).

Sec. 31. RCW 58.17.240 and 1974 ex.s. c 134 s 11 are each amended to read as follows:

Except for ((subdivisions excluded under the provisions of))those divisions or alterations that are not subject to the requirements of this chapter as provided in RCW 58.17.040, as now or hereafter amended, permanent control monuments shall be established at each and every controlling corner on the boundaries of the ((parcel of)) land being subdivided. ((The local authority))A city, town, or county shall determine the number and location of permanent control monuments within the plat, if any.

Sec. 32. RCW 58.17.250 and 1969 ex.s. c 271 s 26 are each amended to read as follows:

The survey of the proposed subdivision and preparation of the plat shall be made by or under the supervision of a registered land surveyor who shall certify on the final plat that it is a true and correct representation of the lands ((actually)) surveyed.

Sec. 33. RCW 58.17.255 and 1987 c 354 s 6 are each amended to read as follows:

Whenever a survey of a proposed subdivision ((or short subdivision)) reveals a discrepancy, the discrepancy shall be noted on the face of the final plat ((or short plat)). Any discrepancy shall be disclosed in a title report prepared by a title insurer and issued after the filing of the final plat or short plat. As used in this section, "discrepancy" means:

(1) A boundary hiatus;

(2) ((an))An overlapping boundary; or

(3) ((a))A physical appurtenance, which indicates encroachment, lines of possession, or conflict of title.

Sec. 34. RCW 58.17.280 and 1993 c 486 s 1 are each amended to read as follows:

Any city, town, or county shall, by ordinance, regulate the procedure ((whereby short subdivisions,))for the naming and numbering of subdivisions, streets, lots, and blocks ((are named and numbered. A lot numbering system and a house address system, however, shall be provided by the municipality for short subdivisions and subdivisions and must be clearly shown on the short plat or final plat at the time of approval)). A city, town, or county shall provide a lot numbering system and system for assigning house addresses for subdivisions and lots created through an administrative lot split with such lot numbers and home addresses clearly shown on the recorded final plat or lot split survey.

Sec. 35. RCW 58.17.310 and 2009 c 145 s 1 are each amended to read as follows:

(1) Whenever a city, town, or county receives an application for the approval ((of a plat)) of a subdivision that lies in whole or in part in an irrigation district organized pursuant to chapter 87.03 RCW, the responsible administrator shall give written notice of the application, including a legal description of the short subdivision and a location map, to the irrigation district. The irrigation district shall, after receiving the notice, submit to the responsible administrator who furnished the notice a statement with any information or conditions for approval that the irrigation district deems to be necessary regarding the proposed division's effect upon the structural integrity, including lateral support, of the irrigation district facilities, other risk exposures, and the safety of the public and irrigation district.

(2) In addition to any other requirements imposed by the provisions of this chapter, the legislative authority of any city, town, or county shall not approve a ((short)) plat or final plat, as defined in RCW 58.17.020, for any subdivision, ((short subdivision,)) lot, tract, parcel, or site which lies in whole or in part in an irrigation district organized pursuant to chapter 87.03 RCW unless there has been provided an irrigation water right-of-way for each parcel of land in such district. In addition, if the subdivision, ((short subdivision,)) lot, tract, parcel, or site lies within land within the district classified as irrigable, completed irrigation water distribution facilities for such land may be required by the irrigation district by resolution, bylaw, or rule of general applicability as a condition for approval of the ((short plat or)) final plat by the ((legislative authority))authorized official of the city, town, or county. Rights-of-way shall be evidenced by the respective plats submitted for final approval to the appropriate ((legislative authority))authorized official. In addition, if the subdivision, ((short subdivision,)) lot, tract, parcel, or site to be platted is wholly or partially within an irrigation district of ((two hundred thousand))200,000 acres or more and has been previously platted by the United States bureau of reclamation as a farm unit in the district, the ((legislative authority shall not approve for such land a short)) plat or final plat as defined in RCW 58.17.020 may not be approved by the city, town, or county without the approval of the irrigation district and the administrator or manager of the project of the bureau of reclamation, or its successor agency, within which that district lies. Compliance with the requirements of this section together with all other applicable provisions of this chapter shall be a prerequisite, within the expressed purpose of this chapter, to any sale, lease, or development of land in this state.

Sec. 36. RCW 58.17.320 and 1974 ex.s. c 134 s 13 are each amended to read as follows:

Whenever land within ((a subdivision granted final approval))an approved plat or recorded final plat is used in a manner or for a purpose which violates any provision of this chapter, any provision of the local subdivision regulations, or any term or condition of plat approval prescribed for the plat by the local government, then the prosecuting attorney, or the attorney general if the prosecuting attorney shall fail to act, may commence an action to restrain and enjoin such use and compel compliance with the provisions of this chapter or the local regulations, or with such terms or conditions. The costs of such action may be taxed against the violator.

NEW SECTION.  Sec. 37. A new section is added to chapter 58.17 RCW to read as follows:

(1)(a) Cities that are required to comply with the minimum density requirements under RCW 36.70A.635 must adopt or amend by ordinance, and incorporate into their development regulations, zoning regulations and other official controls consistent with the requirements of subsection (2) of this section, to take effect no later than July 1, 2026.

(b) In any city subject to the requirements of this section that has not adopted or amended ordinances, regulations, or other official controls as required under this section, the requirements of this section supersede, preempt, and invalidate any conflicting local development regulations.

(2) Through ordinances, development regulations, zoning regulations, and other official controls as required under subsection (1) of this section, cities shall allow within a zone that primarily allows residential uses an administrative lot split to create one new residential lot if the following conditions are met:

(a) No more than one new lot is created through an administrative lot split. A lot split is not authorized for properties in zones that primarily allow nonresidential uses such as business, commercial, retail, and industrial;

(b) A lot created through an administrative lot split may be further segregated through either: (i) A unit lot subdivision to segregate middle housing units into separate legal parcels subject to the applicable residential density the city is required to allow pursuant to RCW 36.70A.635 or (ii) a subdivision provided the total number of lots in such subdivision does not exceed the density allowed under the applicable zoning;

(c) The donor lot and the new lot or lots resulting from the administrative lot split both meet the applicable minimum lot size allowed under RCW 36.70A.635; and

(d) The donor lot was not created through the splitting of a single-family residential lot authorized by this section.

(3) A city shall establish procedural and substantive standards through which an administrative lot split is reviewed and approved in the same manner as a lot segregation under RCW 58.17.040(2) based upon a lot split survey showing the newly created lot and the remainder of the donor parcel. A lot split must be approved administratively and is not subject to an administrative appeal if the following criteria are met:

(a) The lots resulting from the lot split meet the minimum lot size under the city's development regulations;

(b) The sewer and water purveyors have issued certificates of availability to serve the newly created lot;

(c) Access rights are granted or conveyed as necessary on or before recording of the lot split survey to provide access for the maximum number of dwelling units that could be developed on the newly created lot, provided such access rights may be reduced consistent with a city's adopted codes, regulations, and design standards as applicable through review of a subsequent application for a building permit, unit lot subdivision, or subdivision application, if less than the maximum number of dwelling units is built on the newly created lot; and

(d) A proposed lot split may be conditioned upon dedication of right-of-way on the donor lot to the extent such dedication would otherwise be required under applicable codes, regulations, and design standards for the development or subdivision of the donor lot absent an administrative lot split. Similarly, a subsequent application for development of housing units on the newly created lot may be conditioned upon construction of frontage improvements to right-of-way adjacent to either the donor parcel or the newly created lots to the extent such improvements would be required under applicable codes, regulations, and design standards. An administrative lot split is not subject to subdivision requirements other than the requirement for a lot split survey and the requirements of this subsection (3).

(4) A city subject to the requirements of this section may not impose a limit on the total number of dwelling units allowed on the new residential lot and the original lot that is less than the number of residential dwelling units allowed by the underlying zoning of the original lot prior to the administrative lot split.

(5) Notwithstanding the provisions of this section, a city must deny an application for an administrative lot split if one or both resulting lots would not have sufficient developable land because of the presence of critical areas on the lot.

(6) For the purposes of this section, "lot split survey" means the final survey prepared for filing for record with the county auditor and containing all elements and requirements for a lot split set forth in this section and in local regulations adopted under this chapter.

NEW SECTION.  Sec. 38. A new section is added to chapter 58.17 RCW to read as follows:

Cities, towns, and counties shall adopt ordinances consistent with the requirements of this chapter no later than June 30, 2026. The provisions of this act are enforceable and supersede any conflicting provisions in ordinances, development regulations, or policies of a city, town, or county on July 1, 2026.

(1) RCW 58.17.030 (Subdivisions to comply with chapter, local regulations) and 1974 ex.s. c 134 s 1 & 1969 ex.s. c 271 s 3;

(2) RCW 58.17.060 (Short plats and short subdivisions—Summary approval—Regulations—Requirements) and 2023 c 337 s 11, 1990 1st ex.s. c 17 s 51, 1989 c 330 s 2, 1987 c 354 s 5, 1987 c 92 s 1, 1974 ex.s. c 134 s 3, & 1969 ex.s. c 271 s 6;

(3) RCW 58.17.090 (Notice of public hearing) and 1995 c 347 s 426, 1981 c 293 s 5, 1974 ex.s. c 134 s 4, & 1969 ex.s. c 271 s 9;

(4) RCW 58.17.092 (Public notice—Identification of affected property) and 1995 c 347 s 427 & 1988 c 168 s 12;

(5) RCW 58.17.275 (Proposals to adopt, amend, or repeal local ordinances—Advance notice) and 1981 c 293 s 13; and

(6) RCW 58.17.330 (Hearing examiner system—Adoption authorized—Procedures—Decisions) and 1995 c 347 s 429, 1994 c 257 s 6, & 1977 ex.s. c 213 s 4.

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