E2SHB 1096
SignedHouse
Lot splitting
Increasing housing options through lot splitting.
How does a bill become law?
- Introduced: The bill is filed and assigned a number.
- Committee: A subject-matter committee holds hearings, takes public testimony, and decides whether to advance the bill.
- Floor Vote: The full chamber (House or Senate) debates and votes on the bill.
- Opposite Chamber: The bill repeats the committee and floor vote process in the other chamber.
- Governor: The Governor reviews the bill and decides whether to sign or veto it.
- Signed: The bill has been signed into law.
AI Analysis
This bill allows homeowners in cities covered by the Growth Management Act to split their residential lot into two lots through a simple, administrative process—without public hearings—so long as specific conditions are met. It aims to increase housing supply, especially affordable middle housing, by making it easier to create new buildable lots and combine that with building permits.
- Cities required to meet minimum housing density under the Growth Management Act must allow administrative lot splitting—a simplified, non-hearing process—to create one new residential lot alongside a residential building permit.
- The process is limited to splitting only one new lot from an existing residential lot, and both the original and new lot must meet minimum size requirements set by state law.
- Administrative approval is automatic (no appeal possible) if specific conditions are met, including: the parent lot wasn’t previously split under this law, it’s not in a primarily nonresidential zone, and no rent-restricted or recently occupied housing would be removed.
- Water and sewer service availability must be confirmed by local utility providers before approval, and access rights (e.g., roads or driveways) must be secured for the new lot.
- Cities cannot reduce the maximum number of allowed dwelling units on the parent or new lot below what the underlying zoning already permits.
- Applications may be denied if critical areas (like wetlands or floodplains) prevent sufficient developable land on either lot.
Who is affected
- Homeowners in cities covered by the Growth Management Act — Homeowners who own qualifying residential lots can split their property to create a second lot, potentially selling or leasing part of their land to generate income or provide affordable housing options.
- First-time and moderate-income homebuyers — First-time and moderate-income homebuyers gain access to more affordable new or newly created housing units, especially middle housing types like townhomes or duplexes.
- City planning and building departments — Local governments in growth-managed cities must update their short plat regulations to include this new administrative process and ensure compliance with state density and housing goals.
- Developers and builders — Developers and builders may benefit from streamlined permitting when combining lot splits with building permit reviews, enabling faster development of new housing units.
Pro/Con Analysis
Potential Benefits (5)
Allowing one administrative lot split per parent lot increases housing supply without requiring public hearings, accelerating permitting timelines and enabling faster development of middle housing (e.g., duplexes, townhomes) in high-demand areas.
HousingRef: Sec. 2(1)(a)The requirement that both parent and new lot meet minimum lot sizes (per RCW 36.70A.635) ensures new lots are viable and avoids creation of substandard, unbuildable parcels—supporting long-term livability and property values.
HousingRef: Sec. 2(1)(b)Prohibiting cities from reducing the maximum allowed dwelling units on parent or new lots preserves existing zoning capacity, preventing local governments from undermining state housing goals through regulatory creep.
Local GovernmentRef: Sec. 2(4)Allowing conditioning of right-of-way dedications and frontage improvements aligns infrastructure requirements with standard development practices, reducing ad hoc costs and ensuring equitable cost-sharing for new development.
Local GovernmentRef: Sec. 2(2)Preventing chain-splitting (i.e., splitting a lot that itself resulted from a prior administrative split) avoids speculative fragmentation of land and preserves long-term neighborhood stability and infrastructure integrity.
Local GovernmentRef: Sec. 2(1)(c)
Potential Concerns (5)
The prohibition on splitting lots where rent-restricted, subsidized, or recently occupied market-rate housing would be removed helps preserve existing affordable and stable housing stock, protecting vulnerable tenants from displacement.
HousingRef: Sec. 2(1)(e)Requirement for water and sewer availability certifications ensures new development does not strain existing utility infrastructure or compromise environmental standards, protecting public health and natural resources.
EnvironmentRef: Sec. 2(1)(f)Prohibition on splitting lots in primarily nonresidential zones preserves zoning integrity and prevents incompatible land uses, supporting orderly community planning.
Local GovernmentRef: Sec. 2(1)(d)Mandating access rights (e.g., roads, driveways) for new lots ensures safe and functional infrastructure development, reducing long-term maintenance costs and liability risks for local governments.
Local GovernmentRef: Sec. 2(1)(g)Denial of applications where critical areas (e.g., wetlands, floodplains) prevent sufficient developable land helps protect ecologically sensitive lands and reduces future flood or contamination risks.
EnvironmentRef: Sec. 2(5)
Who Is Most Affected
Homeowners in GMA cities may gain flexibility to create additional income (e.g., via rental units or sale of new lot) or provide affordable housing to relatives/friends—though benefits are likely concentrated among those with equity, equity access, and qualifying parcels.
First-time and moderate-income buyers may benefit from increased supply of middle housing, but actual affordability depends on local market dynamics and whether new units are priced below market; the bill does not mandate affordability covenants.
Local governments gain streamlined permitting authority but must update codes and staff training; net fiscal impact is likely neutral-to-slightly-positive due to reduced hearing costs and increased property tax base, though permitting capacity may be strained in high-demand areas.
Developers and builders benefit from faster permitting when combining lot splits with building permits, especially for infill and middle-housing projects; however, the law applies only to homeowners initiating splits, so large developers cannot directly use it—limiting direct benefit to small/mid-sized builders.