A pair of bills from the WA Legislature to bring big changes

Photo: Experience Olympia & Beyond

Two bills passed simultaneously in May ‘23 are going to bring big changes to zoning and construction of accessory dwelling units to all of Washington State. HB 1110, often called “The Middle Housing Bill”, addresses the state’s acute housing shortage, opening up affordable options for families, workers, and elderly and young home seekers. This bill effectively does away with single family residential zoning, allowing multi-family options on any city lot by the end of 2025. Here are highlights of what this bill allows:

• Cities larger than 75,000: fourplexes everywhere; sixplexes if within ¼-mile of major transit stop or if two units are affordable
• Cities 25,000 – 75,000: duplexes everywhere; fourplexes if within ¼-mile of major transit stop or if one unit is affordable
• Cities smaller than 25,000 and in UGA contiguous with the largest city in county larger than 275,000: duplexes everywhere
• Lifts parking mandates within ½-mile of major transit stop. For Bellingham this includes bus stops with a 15 minute max wait, which include 2 of the 4 WTA GO Lines. This means that a multi-family building can be constructed with no off street parking requirement in roughly half of the city.
• Caps parking mandates at one space per unit on lots smaller than 6,000 sq.ft.
• “Affordable housing” is defined as affordable to 60% of area median income for rental, and 80% of AMI for ownership

HB 1337 will make it easier for homeowners to add accessory dwelling units (ADUs) to their properties. Sometimes called in-law apartments or granny flats, ADUs are modest-sized—and most often more modestly-priced—homes that can be tucked into existing buildings, homes, yards, and neighborhoods. Here are the highlights of this bill:

• Prohibits owner occupancy requirements. Properties in Bellingham that are zoned SFR (single family residential) will still have an owner occupancy requirement until 2026, when HB 1110 goes into effect.
• Legalizes two ADUs per lot in any configuration of attached/detached.
• Caps impact fees at 50% of those charged on houses. This will save a homeowner in Bellingham approximately $5,500 on the construction of an ADU.
• Legalizes an ADU on any lot size that’s legal for a house
• Lifts parking mandates within 1/2-mile of 15-min. transit stop; otherwise capped at 1 per ADU on lots smaller than 6,000 sf
• Legalizes ADU size up to at least 1,000 sq.ft. The City of Bellingham has adopted a 1,000 sq. ft. maximum size. For a carriage house (ADU over garage), the garage counts towards sq. ft. calculation. Properties in Whatcom County outside of City limits will have a 1,248 sq. ft. maximum size.
• Legalizes ADU height up to 24 feet (or the max. height for houses if < 24 feet). This will allow two ADUs to be stacked in two stories, bringing the full allotment to smaller properties.
• Prohibits design standards or other restrictions that are more stringent than what applies to the main house 
• Legalizes ADUs to abutting property lines on alleys
• Legalizes ADUs in existing structures that violate current rules for setbacks or lot coverage
• Prohibits requirements for public right of way improvements
• Legalizes the sale of ADUs as condominiums. Homeowners in Bellingham have already begun to explore this option, and ADUs as “airspace” condominiums already amount for a large portion of building permits in King County.
• ADUs in Bellingham must be stick-built or modular. Manufactured homes and tiny homes will be allowed in the County.

The City of Bellingham has already adopted these ADU rules. Other cities and unincorporated Whatcom County will have Comprehensive Plan updates by the end of 2025. Properties in the Lake Whatcom Watershed will be exempt from State rules. Neighborhood CCRS (covenants, conditions, and restrictions) can still prohibit ADUs, but it is unclear if this will stand up to an inevitable legal challenge.

These bills are going to create profound changes in the near future for owners of both existing homes and vacant lots. Give me a call if you would like to discuss how these new rules will affect you.