Washington SB 5497: Concerning compliance with siting, development permit processes and standards, and requirements for permanent supportive housing, transitional housing, indoor emergency housing, or indoor emergency shelters.

Bill Text

AN ACT Relating to compliance with siting, development permit 1
processes and standards, and requirements for permanent supportive 2
housing, transitional housing, indoor emergency housing, or indoor 3
emergency shelters; amending RCW 35.21.683 and 35A.21.430; adding a 4
new section to chapter 36.70A RCW; and adding a new section to 5
chapter 43.330 RCW.6
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:7
NEW SECTION. Sec. 1. A new section is added to chapter 36.70A 8
RCW to read as follows:9
(1) A local comprehensive plan or development regulations, 10
including permit processes, development standards, or permit 11
conditions imposed under this chapter, chapter 43.21C RCW, or Title 12
35 or 35A RCW, may not deny or preclude a permit application for 13
permanent supportive housing, transitional housing, indoor emergency 14
housing, or indoor emergency shelter.15
(2) A county or city must approve any permit application for 16
permanent supportive housing, transitional housing, indoor emergency 17
housing, or indoor emergency shelters using an administrative process 18
only.19
(3)(a) If a permit applicant is unable to site permanent 20
supportive housing, transitional housing, indoor emergency housing, 21
S-0505.1
SENATE BILL 5497
State of Washington 69th Legislature 2025 Regular Session
By Senators Alvarado, Bateman, Nobles, Saldaña, Trudeau, Wellman, and
C. Wilson
Read first time 01/27/25. Referred to Committee on Housing.
p. 1 SB 5497

or indoor emergency shelters due to a county or city comprehensive 1
plan or development regulations, the applicant may seek a waiver of 2
certain requirements from the local government to allow the siting of 3
the facility. The permit application must describe any local permit 4
processes, development standards, or permit conditions that the 5
permit applicant asserts would deny, preclude, or otherwise have a 6
preclusive effect on the siting, construction, or operation of the 7
proposed facility, including:8
(i) The specific local permit processes, development standards, 9
or permit conditions that have a preclusive effect on the siting, 10
construction, or operation of the proposed facility;11
(ii) How the identified processes, standards, or conditions 12
preclude the siting, construction, or operation of the proposed 13
facility; and14
(iii) The minimum waiver or relief necessary to prevent 15
preclusion of the siting, construction, or operation of the proposed 16
facility.17
(b) If a county or city and a permit applicant disagree about the 18
preclusive effect of processes, standards, or conditions, either 19
party may request that the department provide dispute resolution 20
services under section 2 of this act.21
(4) Nothing in this section requires a city or county to approve 22
a permit application for permanent supportive housing, transitional 23
housing, indoor emergency housing, or indoor emergency shelters that 24
are located in a critical area, an area of natural hazards that 25
generally prohibit residential development, or on agricultural, 26
forest, or mineral lands of long-term commercial significance.27
(5) For the purposes of this section, "preclusive effect" means 28
an action or condition that is incapable of being accomplished by 29
means available to a permit applicant or developer.30
NEW SECTION. Sec. 2. A new section is added to chapter 43.330 31
RCW to read as follows:32
(1) The department shall provide services to facilitate the 33
timely resolution of disputes between a county or a city and:34
(a) An applicant seeking a project permit or development 35
agreement to site or construct permanent supportive housing, 36
transitional housing, indoor emergency housing, or indoor emergency 37
shelters; or38
p. 2 SB 5497

(b) A developer of permanent supportive housing, transitional 1
housing, indoor emergency housing, or indoor emergency shelters that 2
alleges a zoning ordinance or development regulations adopted by the 3
county or city either:4
(i) Prevents the siting, construction, or operation of housing or 5
shelter in violation of RCW 35.21.683, 35A.21.430, 36.130.020, or 6
36.70A.070(2)(c); or7
(ii) Precludes the siting, construction, or operation of a 8
facility pursuant to section 1 of this act.9
(2) A county, city, applicant, or developer as specified in 10
subsection (1) of this section may request that the department 11
provide facilitation services to resolve issues of concern with a 12
proposed development of permanent supportive housing, transitional 13
housing, indoor emergency housing, or indoor emergency shelters.14
(3) If dispute resolution is unsuccessful, the county or city 15
must submit the project permit application, any development 16
agreement, any zoning ordinance and related development regulations, 17
or any other relevant documents, including a statement of the reason 18
for any denial, rescission, or conditions of approval, the 19
requirements necessary to fulfill the development agreement or 20
development regul