Modernize and Streamline Washington State Housing with SB 5290
In a landmark decision for housing development in Washington State, the passing of Senate Bill 5290 signals a new generation of productivity and advancement in residential permitting. This evolutionary legislation is set to expedite the permit process of housing development and rehabilitation across the state.
At Adept Technologies, we assist Washington jurisdictions in meeting and surpassing the demands of this groundbreaking bill by utilizing our software and service technologies. Our proven track record in counties and cities allows us to help you to easily meet these new requirements.
Washington passed numerous bills, including SB 5290, to combat the state’s housing crisis. SB 5290 amends the Local Project Review Act, Chapter 36.70B RCW, with the intent to increase the timeliness and predictability of local project review. The bill also establishes grant and technical assistance programs, which will be administered by the Washington State Department of Commerce, to assist local governments in obtaining the capacity needed for timely permit processing.
The project review provisions in the Local Project Review Act apply to local governments planning under the Growth Management Act (GMA) pursuant to RCW 36.70A.040; However, non-GMA planning jurisdictions may choose to incorporate these provisions into their local procedures.
Amendments to Chapter 36.70B are several and include updated local permit review timelines, clarifications regarding the determination of completeness process, a new exemption from site plan review for certain interior projects that contain no exterior alterations, updated annual reporting requirements related to permit issuance, and provisions requiring partial permit fee refunds for failure to timely process permit applications.
Section 7, which includes the new permit review timelines and annual reporting requirements goes into effect on January 1, 2025.
New Permit Review Timelines
There are new permit review timelines for project permit applications submitted to GMA-planning jurisdictions after January 1, 2025.
For projects that do not require public notice under RCW 36.70B.110, the final decision must be issued within 65 days of the determination of completeness under RCW 36.70B.070.
For projects that do require public notice under RCW 36.70B.110, the final decision must be issued within 100 days of the determination of completeness under RCW 36.70B.070.
For project permits which require both notice under RCW 36.70B.110 and a public hearing, the final decision must be issued within 170 days of the determination of completeness under RCW 36.70B.070.
The above timelines can be altered by local ordinance to address consolidated review time periods or to accommodate larger projects and other differentiating factors. The time limit on application review starts with the determination of complete application and must include every calendar day (not just business days). Certain actions will stop the time countdown, such as a request by the applicant to temporarily suspend project review as well as the time during which a jurisdiction is waiting for additional information from the applicant. If an applicant does not provide requested information within a specified time, additional time can be added to the time limit.
Failure to adhere to the established permit review timelines results in a requirement for a local government to refund an applicant’s permit fees on a pro-rated basis up to a 20% refund depending on the length of the delay. If cities and counties have implemented at least three optional measures intended to streamline project review set forth in RCW 36.70B.160(1), then these permit fee refund provisions do not apply.
Adoption of an ordinance amending timelines consistent with the new provisions will not be subject to appeal to the Growth Management Hearings Board, unless a jurisdiction chooses to adopt time periods for review that are different than those listed in the statute and exceed 170 days.
According to the Washington Department of Commerce, the state of Washington must construct over 1.1 million homes in the next 20 years to tackle the current housing crisis.
Contact us today toll free 1-888-392-9623 to find out more on how Adept Technologies can help you to easily meet these new SB 5290 requirements.
Reference 1: mrsc.org
Reference 2: Growth Management Grants
