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HB 1438

Momentum Bucket Early Stage
Legal Title AN ACT Relating to ensuring efficient approval of certain housing permit applications;
Bill Description Ensuring efficient approval of certain housing permit applications.
What this bill does
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This bill amends existing law (RCW 36.70B.080) to impose new procedural requirements and timelines for local project permit reviews. Development regulations must set time periods for each permit type and procedures for determining application completeness; for permits submitted after January 1, 2025 the regulations must specify the contents of a completed application. The amendment establishes default maximum decision timeframes from a completeness determination (65 days for permits without public notice, 100 days with public notice, and 170 days for permits with notice and a hearing), allows jurisdictions to modify categories or consolidate reviews, and prescribes how review days are counted while excluding certain pause periods (requests for more information, applicant-requested suspensions, and administrative appeals). It also creates procedural rules for restarts when the applicant changes the use, allows a 30-day extension if an applicant is nonresponsive or suspends review for more than 60 days (and requires written notice of that consequence), excludes annual comprehensive plan amendments from these rules, and provides that adopting implementing resolutions or ordinances is not appealable under chapter 36.70A RCW unless they increase a review period beyond 170 days. The bill changes remedies and reporting procedures. It prescribes fee-refund and collection rules when local governments miss permit time limits (limits initial fee collection to 80%, with partial refunds of 10% or 20% depending on the length of the delay, and exceptions keyed to jurisdictions that have implemented at least three specified options under RCW 36.70B.160). Under narrowly defined conditions, if a permit decision deadline is missed a city or county must approve the project and issue building permits the next business day (applicable only in urban growth areas for projects that include residential units, have required licensed-engineer or architect stamped plans, and where the jurisdiction does not identify written, serious public health or safety issues). Certain counties and larger cities must prepare annual performance reports with specified metrics and submit them to the Department of Commerce by March 1 each year (the department must publish a consolidated report by July 1); an initial report deadline is referenced but the text is incomplete. The bill also expressly permits a county or city and an applicant to mutually agree to extend a specific permit decision deadline for any reasonable period. The provided text is incomplete in places, cuts off mid-sentence in one spot, and relies on multiple cross-referenced statutes (e.g., RCW 36.70B.070, RCW 36.70B.110, RCW 36.70B.140, RCW 36.70B.160, RCW 36.70A.215) whose definitions and procedures are not reproduced here, so the full scope and interaction of some provisions cannot be determined from the extracted facts alone.
Why it matters
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If enacted, local governments must set clear checklists for what makes a permit application "complete" for permits filed after January 1, 2025, and generally decide permits within fixed calendar-day deadlines (65, 100, or 170 days depending on notice/hearing). If those deadlines are missed, applicants can get partial fee refunds and, for qualifying residential projects in urban growth areas with stamped engineer/architect plans and no identified serious public health or safety problems, the permit must be approved and a building permit issued the next business day. Review time stops while applicants respond to information requests, while an applicant suspends review, or while appeals are pending; if an applicant is unresponsive for 60 consecutive days a 30-day extension may be added; applicants and jurisdictions can also mutually agree to extend deadlines. Counties and cities will be most affected: they must update development regulations, track and report permit timing metrics annually to the Department of Commerce and on their websites, potentially refund portions of fees or initially collect only 80% of fees, and face faster default approvals if they miss deadlines, which raises administrative cost and public-safety risk if procedures aren’t tightened. Applicants gain faster predictability and some financial remedies but must respond promptly or face extended timelines; licensed engineers and architects may see greater demand for stamped plans. The provided text is incomplete and refers to other RCWs and a missing section, so some procedural details and the full reporting schedule are unclear.
Official Documents View Full Bill Text
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HB 1438 Details and Bill Topics

Details

Date Introduced 01/21/2025
Originating Chamber House
Biennium 2025-26
Total Campaign Dollars Backing Bill $2,065,537.88

Bill Topics

GROWTH MANAGEMENT

HB 1438 Sponsors and Committee Hearings

Sponsors

Representative Connors (Primary)
Representative Klicker
Representative Schmidt
Representative Rude
Representative Valdez
Representative Jacobsen
Representative Reed
Representative Barkis
Representative Eslick
Representative Manjarrez
Representative Engell
Representative Dufault

Committee Hearings

Hearing House Local Government (Public)
Go to HB 1438 at leg.wa.gov

HB 1438 Bill Timeline

Early Stage
1/11/2026
HLocal Govt
By resolution, reintroduced and retained in present status.
1/20/2025
HLocal Govt
First reading, referred to Local Government.

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