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Washington Statewide Rule

Washington Statewide ADU Preemption Under HB 1337

Few RestrictionsApplies statewide across Washington (2026)

Key Facts

Statute
RCW 36.70A.681
Minimum ADUs allowed
Two per lot
Owner-occupancy
Prohibited
Transit parking rule
Half-mile exemption
Last verified: August 20, 2026Source: Washington State Legislature

Summary

Washington HB 1337 (RCW 36.70A.681) requires cities and counties to allow two ADUs per lot in urban growth areas, preempting restrictive local rules.

Accessory dwelling units — Limitations on local regulation. (1) In addition to ordinances, development regulations, and other official controls adopted or amended to comply with this section and RCW 36.70A.680 , a city or county must comply with all of the following policies: (a) The city or county may not assess impact fees on the construction of accessory dwelling units that are greater than 50 percent of the impact fees that would be imposed on the principal unit; (b) The city or county may not require the owner of a lot on which there is an accessory dwelling unit to reside in or occupy the accessory dwelling unit or another housing unit on the same lot; (c) The city or county must allow at least two accessory dwelling units on all lots that are located in all zoning districts within an urban growth area that allow for single-family homes in the following configurations: (i) One attached accessory dwelling unit and one detached accessory dwelling unit; (ii) Two attached accessory dwelling units; or (iii) Two detached accessory dwelling units, which may be comprised of either one or two detached structures; (d) The city or county must permit accessory dwelling units in structures detached from the principal unit; (e) The city or county must allow an accessory dwelling unit on any lot that meets the minimum lot size required for the principal unit;

Source: Washington State LegislatureView official code

Full Breakdown

Effective 2024, RCW 36.70A.681 requires Growth Management Act jurisdictions to allow at least two accessory dwelling units (one attached and one detached, or two attached/detached) on residential lots within urban growth areas. The law caps minimum lot size, prohibits owner-occupancy requirements, bans off-street parking mandates within a half-mile of major transit, and prohibits design standards stricter than those for principal dwellings. Local ADU ordinances inconsistent with these state minimums are unenforceable.

Violations & Penalties

Local rules conflicting with RCW 36.70A.681 are preempted and unenforceable; aggrieved property owners may seek judicial relief.

Frequently Asked Questions

Can my Washington city ban ADUs?
No. Cities and counties subject to the Growth Management Act must allow at least two ADUs per residential lot in urban growth areas under RCW 36.70A.681.
Can my city require I live onsite to rent an ADU?
No. RCW 36.70A.681 explicitly prohibits owner-occupancy requirements as a condition of permitting or renting an accessory dwelling unit.

Sources

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