House Bill 1337
House Bill 1337 is about to go to the Governor’s desk in this statewide DADU house bill. This is going to change a lot of the DADU landscape around Washington state, in urban areas. As long as you are within .5 miles of public transportation, you are going to be able to build a DADU. The municipalities are to have this ready to go for their jurisdictions by December 31, 2023, SEC 8 1. And remember, we aren’t lawyers, we are breaking this down as we see it. We are interpreting this, House Bill 1337, with a lot of experience in building DADU’s, but it doesn’t mean we won’t misunderstand how parts of the bill truly read.
Quick reminder, a DADU is a Detached Accessory Dwelling Unit. Please read SEC 2 1-5 to get a better breakdown per the state and their interpretation.
From the standpoint of Tacoma DADU, we see this as a huge improvement to having some structure between municipalities. There is no perfect world, as each location, whether it but Tacoma, University Place, Puyallup, or Gig Harbor, have very different guidelines. For instance, Tacoma has made their code for DADU’s much more simple to work with. If one goes to Puyallup, and though possible, the code makes it much more difficult and expensive. House Bill 1337 will change a lot of that. These municipalities, dragging their feet, will have to push forward and adopt these new regulations, making it easier for the normal person to invest in their real estate portfolio.
A few highlights are:
- Impact fees need to be 50% less than a normal, new single residential structure. SEC 4 1a
- House Bill 1337 makes it viable to build a DADU anywhere and not have to be OWNER OCCUPIED. SEC 4 1b
- City and Counties are not allowed to make us build the DADU or ADU less than 1,000 square feet. (I think this will be an open ended idea, and will have more regulation come, based on lot size and what not.) SEC 4 1f
- We will still be under design guide rules, based on existing, single-family new construction regulations. (This isn’t horrible, you need rules, because people will go crazy, but this will also be annoying because each entity has different rules.) SEC 4 1h
- House Bill 1337 pretty much states multiple times, that more than one ADU or DADU can be put on a lot allowing a single-family residence. SEC 4 1ciii, 3
- Condominium Rule: A city or county MAY NOT prohibit the sale of a condominium unit independently of the principal unit! (This one is huge! We should be able to build, then condo, then sell, more affordable housing!) SEC 4 1k
There’s a lot more we could go over. We are sure that there will be a lot of questions and we will do our best to answer said questions. For instance, it talks about “governing documents of common interest communities created to protect public health and safety” SEC 12 1, could mean homeowner’s associations will still be able to fight DADU’s. You would have to talk to a lawyer, which we will be doing as we go forward on House Bill 1337.
As we go forward, we are planning on continually pushing full steam ahead. We want to help people change their lives through real estate. We believe this is the most cost effective way to build a real estate portfolio we’ve every seen. We will also be researching a condo package, so you have a one-stop-shop solution. We are so excited! If you want us to look at your property or contact us, please go to our MAIN PAGE Sign Up and fill out your info. Also, follow along with us on Instagram, our handle is @tacomadadu. We are serving a pretty small area of Pierce County right now. Mainly Tacoma, University Place, Lakewood, a little Puyallup and Pierce County and a couple municipalities around those. The code has not been very favorable anywhere but Tacoma and if the property has septic or any wetlands, it is a lot larger project and takes a lot longer. We do have referral partners we work with in outside areas and King County. We give those out as needed. Finding qualified professionals to become part of our team is not a quick process and we are continually trying to keep our processes efficient with quality for our customers.
The following is the actual bill, so you can read through and get a feel for it yourself. It is fairly clear, but we are sure municipalities will do their best, to abuse the language as much as possible. This is going to be a shock to a lot of communities, as many will take advantage of this new bill. You can go directly to the actual bill here: House Bill 1337
ENGROSSED HOUSE BILL 1337
AS AMENDED BY THE SENATE
Passed Legislature – 2023 Regular Session
State of Washington 68th Legislature 2023 Regular Session
By Representatives Gregerson, Barkis, Berry, Christian, Duerr, Fitzgibbon, Taylor, Ramel, Reeves, Simmons, Walen, Graham, Bateman, Reed, Lekanoff, Doglio, Tharinger, Cortes, Macri, and Stonier
Read first time 01/16/23. Referred to Committee on Housing.
1 AN ACT Relating to expanding housing options by easing barriers 2 to the construction and use of accessory dwelling units; amending RCW 3 36.70A.696, 43.21C.495, and 36.70A.280; adding new sections to 4 chapter 36.70A RCW; adding a new section to chapter 64.34 RCW; adding 5 a new section to chapter 64.32 RCW; adding a new section to chapter 6 64.38 RCW; adding a new section to chapter 64.90 RCW; creating a new 7 section; and repealing RCW 35.63.210, 35A.63.230, 36.70A.400, 36.70.677, and 43.63A.215.8
9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
10 NEW SECTION. Sec. 1. (1) The legislature makes the following 11 findings:
12 (a) Washington state is experiencing a housing affordability 13 crisis. Many communities across the state are in need of more housing for renters across the income spectrum.14
15 (b) Many cities dedicate the majority of residentially zoned land 16 to single detached houses that are increasingly financially out of 17 reach for many households. Due to their smaller size, accessory 18 dwelling units can provide a more affordable housing option in those single-family zones.19
20 (c) Localities can start to correct for historic economic and 21 racial exclusion in single-family zones by opening up these p. 1 E House Bill 1337.PL
1 neighborhoods to more diverse housing types, including accessory 2 dwelling units, that provide lower cost homes. Increasing housing 3 options in expensive, high-opportunity neighborhoods will give more 4 families access to schools, parks, and other public amenities otherwise accessible to only the wealthy.5
6 (d) Accessory dwelling units are frequently rented below market 7 rate, providing additional affordable housing options for renters. 8 (e) Accessory dwelling units can also help to provide housing for 9 very low-income households. More than 10 percent of accessory
10 dwelling units in some areas are occupied by tenants who pay no rent 11 at all; among these tenants are grandparents, adult children, family 12 members with disabilities, friends going through life transitions, 13 and community members in need. Accessory dwelling units meet the 14 needs of these people who might otherwise require subsidized housing space and resources.15
16 (f) Accessory dwelling units can meet the needs of Washington’s 17 growing senior population, making it possible for this population to 18 age in their communities by offering senior-friendly housing, which 19 prioritizes physical accessibility, in walkable communities near 20 amenities essential to successful aging in place, including transit 21 and grocery stores, without requiring costly renovations of existing housing stock.22
23 (g) Homeowners who add an accessory dwelling unit may benefit 24 from added income and an increased sense of security. 25 (h) Accessory dwelling units provide environmental benefits. On 26 average they are more energy efficient than single detached houses, 27 and they incentivize adaptive reuse of existing homes and materials. 28 (i) Siting accessory dwelling units near transit hubs, employment 29 centers, and public amenities can help to reduce greenhouse gas 30 emissions by increasing walkability, shortening household commutes, and curtailing sprawl.31
32 (2) The legislature intends to promote and encourage the creation 33 of accessory dwelling units as a means to address the need for additional affordable housing options.34
35 Sec. 2. RCW 36.70A.696 and 2021 c 306 s 2 are each amended to read as follows:36
37 The definitions in this section apply throughout RCW 36.70A.697 38 ((and)), 36.70A.698, and sections 3 and 4 of this act unless the context clearly requires otherwise.39
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1 (1) “Accessory dwelling unit” means a dwelling unit located on 2 the same lot as a single-family housing unit, duplex, triplex, townhome, or other housing unit.3
4 (2) “Attached accessory dwelling unit” means an accessory 5 dwelling unit located within or attached to a single-family housing 6 unit, duplex, triplex, townhome, or other housing unit. 7 (3) “City” means any city, code city, and town located in a county planning under RCW 36.70A.040.8
9 (4) “County” means any county planning under RCW 36.70A.040. 10 (5) “Detached accessory dwelling unit” means an accessory 11 dwelling unit that consists partly or entirely of a building that is 12 separate and detached from a single-family housing unit, duplex, 13 triplex, townhome, or other housing unit and is on the same property. 14 (6) “Dwelling unit” means a residential living unit that provides 15 complete independent living facilities for one or more persons and 16 that includes permanent provisions for living, sleeping, eating, cooking, and sanitation.17
18 (7) “Gross floor area” means the interior habitable area of a 19 dwelling unit including basements and attics but not including a 20 garage or accessory structure.
(8) “Major transit stop” means:21
22 (a) A stop on a high capacity transportation system funded or 23 expanded under the provisions of chapter 81.104 RCW; (b) Commuter rail stops;24
25 (c) Stops on rail or fixed guideway systems, including transitways;26
27 (d) Stops on bus rapid transit routes or routes that run on high occupancy vehicle lanes; or28
29 (e) Stops for a bus or other transit mode providing actual fixed 30 route service at intervals of at least fifteen minutes for at least 31 five hours during the peak hours of operation on weekdays. 32 (((8))) (9) “Owner” means any person who has at least 50 percent 33 ownership in a property on which an accessory dwelling unit is located.34
35 (((9))) (10) “Principal unit” means the single-family housing 36 unit, duplex, triplex, townhome, or other housing unit located on the 37 same lot as an accessory dwelling unit.
38 (11) “Short-term rental” means a lodging use, that is not a hotel 39 or motel or bed and breakfast, in which a dwelling unit, or portion
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1 thereof, is offered or provided to a guest by a short-term rental 2 operator for a fee for fewer than 30 consecutive nights.
3 NEW SECTION. Sec. 3. A new section is added to chapter 36.70A RCW to read as follows:4
5 (1)(a) Cities and counties planning under this chapter must adopt 6 or amend by ordinance, and incorporate into their development 7 regulations, zoning regulations, and other official controls the 8 requirements of this section and of section 4 of this act, to take 9 effect six months after the jurisdiction’s next periodic
10 comprehensive plan update required under RCW 36.70A.130. 11 (b) In any city or county that has not adopted or amended 12 ordinances, regulations, or other official controls as required under 13 this section, the requirements of this section and section 4 of this 14 act supersede, preempt, and invalidate any conflicting local development regulations.15
16 (2) Ordinances, development regulations, and other official 17 controls adopted or amended pursuant to this section and section 4 of 18 this act must only apply in the portions of towns, cities, and 19 counties that are within urban growth areas designated under this chapter.20
21 (3) Any action taken by a city or county to comply with the 22 requirements of this section or section 4 of this act is not subject 23 to legal challenge under this chapter or chapter 43.21C RCW. 24 (4) Nothing in this section or section 4 of this act requires or 25 authorizes a city or county to authorize the construction of an 26 accessory dwelling unit in a location where development is restricted 27 under other laws, rules, or ordinances as a result of physical 28 proximity to on-site sewage system infrastructure, critical areas, or 29 other unsuitable physical characteristics of a property. 30 (5) Nothing in this section or in section 4 of this act prohibits a city or county from:31
32 (a) Restricting the use of accessory dwelling units for short term rentals;33
34 (b) Applying public health, safety, building code, and 35 environmental permitting requirements to an accessory dwelling unit 36 that would be applicable to the principal unit, including regulations 37 to protect ground and surface waters from on-site wastewater;
38 (c) Applying generally applicable development regulations to the 39 construction of an accessory unit, except when the application of p. 4 E House Bill 1337.PL
1 such regulations would be contrary to this section or to section 4 of this act;2
3 (d) Prohibiting the construction of accessory dwelling units on 4 lots that are not connected to or served by public sewers; or 5 (e) Prohibiting or restricting the construction of accessory 6 dwelling units in residential zones with a density of one dwelling 7 unit per acre or less that are within areas designated as wetlands, 8 fish and wildlife habitats, flood plains, or geologically hazardous areas.9
10 NEW SECTION. Sec. 4. A new section is added to chapter 36.70A RCW to read as follows:11
12 (1) In addition to ordinances, development regulations, and other 13 official controls adopted or amended to comply with this section and 14 section 3 of this act, a city or county must comply with all of the following policies:15
16 (a) The city or county may not assess impact fees on the 17 construction of accessory dwelling units that are greater than 50 18 percent of the impact fees that would be imposed on the principal unit;19
20 (b) The city or county may not require the owner of a lot on 21 which there is an accessory dwelling unit to reside in or occupy the 22 accessory dwelling unit or another housing unit on the same lot; 23 (c) The city or county must allow at least two accessory dwelling 24 units on all lots that are located in all zoning districts within an 25 urban growth area that allow for single-family homes in the following configurations:26
27 (i) One attached accessory dwelling unit and one detached accessory dwelling unit;28
29 (ii) Two attached accessory dwelling units; or
30 (iii) Two detached accessory dwelling units, which may be 31 comprised of either one or two detached structures;
32 (d) The city or county must permit accessory dwelling units in structures detached from the principal unit;33
34 (e) The city or county must allow an accessory dwelling unit on 35 any lot that meets the minimum lot size required for the principal unit;36
37 (f) The city or county may not establish a maximum gross floor 38 area requirement for accessory dwelling units that is less than 1,000 square feet;39
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1 (g) The city or county may not establish roof height limits on an 2 accessory dwelling unit of less than 24 feet, unless the height 3 limitation that applies to the principal unit is less than 24 feet, 4 in which case a city or county may not impose roof height limitation 5 on accessory dwelling units that is less than the height limitation that applies to the principal unit;6
7 (h) A city or county may not impose setback requirements, yard 8 coverage limits, tree retention mandates, restrictions on entry door 9 locations, aesthetic requirements, or requirements for design review
10 for accessory dwelling units that are more restrictive than those for principal units;11
12 (i) A city or county must allow detached accessory dwelling units 13 to be sited at a lot line if the lot line abuts a public alley, 14 unless the city or county routinely plows snow on the public alley; 15 (j) A city or county must allow accessory dwelling units to be 16 converted from existing structures, including but not limited to 17 detached garages, even if they violate current code requirements for setbacks or lot coverage;18
19 (k) A city or county may not prohibit the sale or other 20 conveyance of a condominium unit independently of a principal unit 21 solely on the grounds that the condominium unit was originally built as an accessory dwelling unit; and22
23 (l) A city or county may not require public street improvements 24 as a condition of permitting accessory dwelling units. 25 (2)(a) A city or county subject to the requirements of this section may not:26
27 (i) Require off-street parking as a condition of permitting 28 development of accessory dwelling units within one-half mile walking distance of a major transit stop;29
30 (ii) Require more than one off-street parking space per unit as a 31 condition of permitting development of accessory dwelling units on 32 lots smaller than 6,000 square feet before any zero lot line subdivisions or lot splits; and33
34 (iii) Require more than two off-street parking spaces per unit as 35 a condition of permitting development of accessory dwelling units on 36 lots greater than 6,000 square feet before any zero lot line subdivisions or lot splits.37
38 (b) The provisions of (a) of this subsection do not apply: 39 (i) If a local government submits to the department an empirical 40 study prepared by a credentialed transportation or land use planning p. 6 EHB 1337.PL
1 expert that clearly demonstrates, and the department finds and 2 certifies, that the application of the parking limitations of (a) of 3 this subsection for accessory dwelling units will be significantly 4 less safe for vehicle drivers or passengers, pedestrians, or 5 bicyclists than if the jurisdiction’s parking requirements were 6 applied to the same location for the same number of detached houses. 7 The department must develop guidance to assist cities and counties on items to include in the study; or8
9 (ii) To portions of cities within a one mile radius of a 10 commercial airport in Washington with at least 9,000,000 annual enplanements.11
12 (3) When regulating accessory dwelling units, cities and counties 13 may impose a limit of two accessory dwelling units, in addition to 14 the principal unit, on a residential lot of 2,000 square feet or less.15
16 (4) The provisions of this section do not apply to lots 17 designated with critical areas or their buffers as designated in RCW 18 36.70A.060, or to a watershed serving a reservoir for potable water 19 if that watershed is or was listed, as of the effective date of this 20 section, as impaired or threatened under section 303(d) of the federal clean water act (33 U.S.C. Sec. 1313(d)).21
22 NEW SECTION. Sec. 5. A new section is added to chapter 36.70A RCW to read as follows:23
24 To encourage the use of accessory dwelling units for long-term 25 housing, cities and counties may adopt ordinances, development 26 regulations, and other official controls which waive or defer fees, 27 including impact fees, defer the payment of taxes, or waive specific 28 regulations. Cities and counties may only offer such reduced or 29 deferred fees, deferred taxes, waivers, or other incentives for the 30 development or construction of accessory dwelling units if:
31 (1) The units are located within an urban growth area; and 32 (2) The units are subject to a program adopted by the city or 33 county with effective binding commitments or covenants that the units 34 will be primarily utilized for long-term housing consistent with the public purpose for this authorization.35
36 Sec. 6. RCW 43.21C.495 and 2022 c 246 s 3 are each amended to read as follows:37
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1 (1) Adoption of ordinances, development regulations and 2 amendments to such regulations, and other nonproject actions taken by 3 a city to implement: The actions specified in section 2, chapter 246, 4 Laws of 2022 unless the adoption of such ordinances, development 5 regulations and amendments to such regulations, or other nonproject 6 actions has a probable significant adverse impact on fish habitat; 7 and the increased residential building capacity actions identified in 8 RCW 36.70A.600(1), with the exception of the action specified in RCW 9 36.70A.600(1)(f), are not subject to administrative or judicial appeals under this chapter.10
11 (2) Adoption of ordinances, development regulations and 12 amendments to such regulations, and other nonproject actions taken by 13 a city or county consistent with the requirements of sections 3 and 4 14 of this act are not subject to administrative or judicial appeals 15 under this chapter.
16 Sec. 7. RCW 36.70A.280 and 2011 c 360 s 17 are each amended to read as follows:17
18 (1) The growth management hearings board shall hear and determine only those petitions alleging either:19
20 (a) That, except as provided otherwise by this subsection, a 21 state agency, county, or city planning under this chapter is not in 22 compliance with the requirements of this chapter, chapter 90.58 RCW 23 as it relates to the adoption of shoreline master programs or 24 amendments thereto, or chapter 43.21C RCW as it relates to plans, 25 development regulations, or amendments, adopted under RCW 36.70A.040 26 or chapter 90.58 RCW. Nothing in this subsection authorizes the board 27 to hear petitions alleging noncompliance ((with RCW 36.70A.5801)) 28 based on a city or county’s actions taken to implement the 29 requirements of sections 3 and 4 of this act within an urban growth area;30
31 (b) That the ((twenty-)) 20-year growth management planning 32 population projections adopted by the office of financial management pursuant to RCW 43.62.035 should be adjusted;33
34 (c) That the approval of a work plan adopted under RCW 35 36.70A.735(1)(a) is not in compliance with the requirements of the program established under RCW 36.70A.710;36
37 (d) That regulations adopted under RCW 36.70A.735(1)(b) are not 38 regionally applicable and cannot be adopted, wholly or partially, by another jurisdiction; or39
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1 (e) That a department certification under RCW 36.70A.735(1)(c) is erroneous.2
3 (2) A petition may be filed only by: (a) The state, or a county 4 or city that plans under this chapter; (b) a person who has 5 participated orally or in writing before the county or city regarding 6 the matter on which a review is being requested; (c) a person who is 7 certified by the governor within ((sixty)) 60 days of filing the 8 request with the board; or (d) a person qualified pursuant to RCW 34.05.530.9
10 (3) For purposes of this section “person” means any individual, 11 partnership, corporation, association, state agency, governmental 12 subdivision or unit thereof, or public or private organization or entity of any character.13
14 (4) To establish participation standing under subsection (2)(b) 15 of this section, a person must show that his or her participation 16 before the county or city was reasonably related to the person’s issue as presented to the board.17
18 (5) When considering a possible adjustment to a growth management 19 planning population projection prepared by the office of financial 20 management, the board shall consider the implications of any such 21 adjustment to the population forecast for the entire state.
22 The rationale for any adjustment that is adopted by the board 23 must be documented and filed with the office of financial management within ten working days after adoption.24
25 If adjusted by the board, a county growth management planning 26 population projection shall only be used for the planning purposes 27 set forth in this chapter and shall be known as the “board adjusted 28 population projection.” None of these changes shall affect the 29 official state and county population forecasts prepared by the office 30 of financial management, which shall continue to be used for state budget and planning purposes.31
32 NEW SECTION. Sec. 8. A new section is added to chapter 36.70A RCW to read as follows:33
34 (1) By December 31, 2023, the department must revise its 35 recommendations for encouraging accessory dwelling units to include the provisions of sections 3 and 4 of this act.36
37 (2) During each comprehensive plan review required by RCW 38 36.70A.130, the department must review local government comprehensive 39 plans and development regulations for compliance with sections 3 and p. 9 E House Bill 1337.PL
1 4 of this act and the department’s recommendations under subsection (1) of this section.2
3 NEW SECTION. Sec. 9. A new section is added to chapter 64.34 RCW to read as follows:4
5 (1) Except a declaration created to protect public health and 6 safety, and ground and surface waters from on-site wastewater, a 7 declaration created after the effective date of this section and 8 applicable to a property located within an urban growth area may not 9 impose any restriction or prohibition on the construction,
10 development, or use on a lot of an accessory dwelling unit that the 11 city or county in which the urban growth area is located would be 12 prohibited from imposing under section 4 of this act. 13 (2) For the purposes of this section, “urban growth area” has the same meaning as in RCW 36.70A.030.14
15 (3) A city or county issuing a permit for the construction of an 16 accessory dwelling unit may not be held civilly liable on the basis 17 that the construction of the accessory dwelling unit would violate a restrictive covenant or deed restriction.18
19 NEW SECTION. Sec. 10. A new section is added to chapter 64.32 RCW to read as follows:20
21 (1) Except a declaration created to protect public health and 22 safety, and ground and surface waters from on-site wastewater, a 23 declaration created after the effective date of this section and 24 applicable to a property located within an urban growth area may not 25 impose any restriction or prohibition on the construction, 26 development, or use on a lot of an accessory dwelling unit that the 27 city or county in which the urban growth area is located would be 28 prohibited from imposing under section 4 of this act.
29 (2) For the purposes of this section, “urban growth area” has the same meaning as in RCW 36.70A.030.30
31 (3) A city or county issuing a permit for the construction of an 32 accessory dwelling unit may not be held civilly liable on the basis 33 that the construction of the accessory dwelling unit would violate a restrictive covenant or deed restriction.34
35 NEW SECTION. Sec. 11. A new section is added to chapter 64.38 RCW to read as follows:36
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1 (1) Except governing documents of associations created to protect 2 public health and safety, and ground and surface waters from on-site 3 wastewater, governing documents of associations created after the 4 effective date of this section and applicable to a property located 5 within an urban growth area may not impose any restriction or 6 prohibition on the construction, development, or use on a lot of an 7 accessory dwelling unit that the city or county in which the urban 8 growth area is located would be prohibited from imposing under section 4 of this act.9
10 (2) For the purposes of this section, “urban growth area” has the same meaning as in RCW 36.70A.030.11
12 (3) A city or county issuing a permit for the construction of an 13 accessory dwelling unit may not be held civilly liable on the basis 14 that the construction of the accessory dwelling unit would violate a restrictive covenant or deed restriction.15
16 NEW SECTION. Sec. 12. A new section is added to chapter 64.90 RCW to read as follows:17
18 (1) Except declarations and governing documents of common 19 interest communities created to protect public health and safety, and 20 ground and surface waters from on-site wastewater, declarations and 21 governing documents of common interest communities created after the 22 effective date of this section and applicable to a property located 23 within an urban growth area may not impose any restriction or 24 prohibition on the construction, development, or use on a lot of an 25 accessory dwelling unit that the city or county in which the urban 26 growth area is located would be prohibited from imposing under section 4 of this act.27
28 (2) For the purposes of this section, “urban growth area” has the same meaning as in RCW 36.70A.030.29
30 (3) A city or county issuing a permit for the construction of an 31 accessory dwelling unit may not be held civilly liable on the basis 32 that the construction of the accessory dwelling unit would violate a restrictive covenant or deed restriction.33
34 NEW SECTION. Sec. 13. The following acts or parts of acts are 35 each repealed:
36 (1) RCW 35.63.210 (Accessory apartments) and 1993 c 478 s 8; 37 (2) RCW 35A.63.230 (Accessory apartments) and 1993 c 478 s 9; 38 (3) RCW 36.70A.400 (Accessory apartments) and 1993 c 478 s 11; p. 11 EHB 1337.PL
1 (4) RCW 36.70.677 (Accessory apartments) and 1993 c 478 s 10; and 2 (5) RCW 43.63A.215 (Accessory apartments—Development and placement—Local governments) and 1993 c 478 s 7.3
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