Lacey

Washington preempts local ADU regulation in urban growth areas of cities and counties subject to the Growth Management Act through Engrossed Second Substitute House Bill 1337 (2023), codified principally at RCW 36.70A.680-.681. Cities and counties planning under the GMA must allow at least two ADUs per lot in urban growth areas, must not require owner-occupancy, must not impose minimum-lot-size or setback rules stricter than those for the primary residence, and must allow ADUs to be sold separately as condominiums. Related House Bill 1110 (2023), codified at RCW 36.70A.635, requires 'middle housing' (duplexes, triplexes, fourplexes) in most residential zones of large cities.

• RCW 36.70A.680 — Accessory dwelling units — Requirements for cities and counties planning under this chapter — Sets the minimum entitlement floor for ADUs in GMA-planning jurisdictions: at least two ADUs per lot in urban growth areas, no owner-occupancy requirement, no stricter setback or lot-coverage rules than for the primary residence, no parking requirements within a half-mile of major transit stops, and no prohibition on selling an ADU separately as a condominium.
• RCW 36.70A.681 — Accessory dwelling units — Design, size, and aesthetic standards — Caps what local governments may require in ADU design and size standards. Maximum ADU size must be at least 1,000 square feet in most zones. Street-facing facades and aesthetic review may not be used to categorically prohibit ADUs.
• RCW 36.70A.696 — Accessory dwelling units — Definitions — Statutory definitions of 'accessory dwelling unit,' 'attached accessory dwelling unit,' 'detached accessory dwelling unit,' 'owner,' and 'urban growth area' used by RCW 36.70A.680-.681.
• RCW 36.70A.635 — Middle housing — Cities planning under this chapter — HB 1110 (2023). Requires cities over specified population thresholds to allow duplexes, triplexes, fourplexes, townhouses, cottage housing, and stacked flats in most residential zones. Interacts with ADU law because ADUs and middle housing both contribute to the state's response to the GMA's housing element.

Washington enacted HOA preemption of ADU bans in Substitute House Bill 1337 (2023), which amended the Washington Uniform Common Interest Ownership Act and the Washington Horizontal Property Regimes Act to prohibit common-interest communities from banning ADUs on lots in GMA-planning jurisdictions. A homeowners' association may impose reasonable aesthetic or architectural standards, but may not categorically prohibit ADUs.

• RCW 64.38.057 — Homeowners' associations — Accessory dwelling units — Prohibits a homeowners' association governing a plat within a GMA-planning city or county from recording or enforcing a provision that prohibits the construction, use, or rental of an accessory dwelling unit on a lot. Reasonable design guidelines consistent with RCW 36.70A.681 remain enforceable.

The Washington State Housing Finance Commission (WSHFC) administers state-level housing finance programs. Washington does not currently operate an ADU-specific statewide grant or forgivable-loan program comparable to California's CalHFA ADU Grant, but several state programs can be used for ADU construction when program criteria are met.

• Washington State Housing Finance Commission (WSHFC)
• Washington State Department of Commerce — Housing Division

Washington supports ADU implementation through Department of Commerce technical assistance and grant programs rather than through a single statewide pre-approved-plan catalog. The state provides model ADU code under the GMA, distributes GMA update grants to help jurisdictions comply with RCW 36.70A.680-.681, and has produced ADU guidance documents for local governments.

• Department of Commerce — Growth Management Services ADU guidance
• Middle Housing implementation grants