WashingtonTransit authorities may apply for permits before owning land
Washington law lets regional transit authorities apply for some permits before they own the land or receive a land use decision, with owner notice required.
What it does
A regional transit authority may apply for land use and construction permits before acquiring property for its facilities. It must show that it notified the property owner when it applies.
A regional transit authority may apply for construction and technical permits before the local government decides how the land may be used. It must show that it notified the property owner when it applies.
Local governments may issue land use, construction, or technical permits for transit work on land the authority does not own. The authority still needs the owner's permission or another required right before doing the work.
A regional transit authority may build rail facilities above local height limits or beyond setback rules when needed. It must follow those rules as far as practicable, and development agreements cannot vary disability access standards.
When a regional transit authority acquires part of an existing lot or tract for its facilities, that land division is exempt from state subdivision rules. The section containing the exception expires January 1, 2028, when a related section takes effect.
Argument forTransit authorities could begin permit reviews before securing land or receiving a land use decision, which may help them plan projects earlier.
Argument againstRail facilities could exceed local height and setback limits, which may make it harder for local governments to shape nearby development.
More detail
A regional transit authority may apply for land use and construction permits before acquiring property for its facilities. This applies to property where the authority plans to build or operate its facilities. The authority must provide proof that it notified the property owner when it applies. The authority may apply before it acquires the property.
A regional transit authority may apply for construction and technical permits before the local government makes its land use decision. This applies to permits for the authority's facilities. The authority must provide proof that it notified the property owner when it applies. The authority may apply before the local government's land use decision.
A local government may issue permits for a regional transit authority's work on property the authority does not own. This applies to land use, construction, or technical permits for the authority's development. The authority must obtain the property owner's permission or another required property right before doing the permitted work.
A regional transit authority may build rail fixed guideway facilities above local height limits or beyond local setback requirements. This applies to rail fixed guideway facilities built or operated by a regional transit authority. The authority must follow local height and setback rules as far as practicable given the need to build and operate the rail system. A development agreement may set different standards, but not standards for complying with the Americans with Disabilities Act.
A regional transit authority's acquisition of part of an existing lot or tract for its facilities is exempt from state subdivision rules. This applies to land acquired by a regional transit authority for facilities defined in state law. The exception applies when the authority acquires part of an existing lot or tract to build its facilities. Section 6, which includes the exception, expires January 1, 2028. Section 7 takes effect that day and includes the same exception.
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Where it stands
- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Mar 23Effective date 6/11/2026*.Latest
- Mar 23Chapter 166, 2026 Laws.Major
- Mar 23Governor Bob Ferguson signed.Became Law
- Mar 12Delivered to Governor.To Governor
- Mar 11Speaker signed.Major
- Mar 11President signed.Passed House
- Mar 10Passed final passage; yeas, 30; nays, 19; absent, 0; excused, 0.Passed Senate
- Vote recorded Final Passage as Amended by the House (#27). Result: pass.Upper
- Mar 10Senate concurred in House amendments.
- Mar 4Third reading, passed; yeas, 56; nays, 38; absent, 0; excused, 4.Minor
- Vote recorded Final Passage as Amended by the House (#20). Result: pass.Lower
- Mar 4Rules suspended. Placed on Third Reading.Minor
- Mar 4Committee amendment(s) adopted with no other amendments.
- Mar 2Rules Committee relieved of further consideration. Placed on second reading.Minor
- Feb 25Referred to Rules 2 Review.Minor
- Feb 25Minority; without recommendation.Minor
- Feb 25Minority; do not pass.Minor
- Feb 25LG - Majority; do pass with amendment(s).Minor
- Feb 25Executive action taken in the House Committee on Local Government at 8:00 AM.
- Feb 24Public hearing in the House Committee on Local Government at 10:30 AM.
- Feb 17First reading, referred to Local Government.Minor
- Feb 13Third reading, passed; yeas, 31; nays, 17; absent, 0; excused, 1.Minor
- Vote recorded 3rd Reading & Final Passage (#14). Result: pass.Upper
- Feb 13Rules suspended. Placed on Third Reading.Minor
- Feb 131st substitute bill substituted (LGV 26).Major
- Feb 12Placed on second reading by Rules Committee.Minor
- Feb 9Passed to Rules Committee for second reading.
- Feb 9Minority; do not pass.Minor
- Feb 9WM - Majority; without recommendation.
- Feb 9Executive action taken in the Senate Committee on Ways & Means at 10:30 AM.
- Feb 3Referred to Ways & Means.Minor
- Feb 2Minority; without recommendation.Minor
- Feb 2Minority; do not pass.Minor
- Feb 2And refer to Ways & Means.Minor
- Feb 2LGV - Majority; 1st substitute bill be substituted, do pass.Major
- Feb 2Executive action taken in the Senate Committee on Local Government at 1:30 PM.
- Jan 29Public hearing in the Senate Committee on Local Government at 1:30 PM.
- Jan 26First reading, referred to Local Government.Introduced
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