Enabling statute

Washington

Chapter 35.63 RCW — Planning Commissions (municipal planning/zoning enabling act); paralleled by Chapter 36.70 RCW — Planning Enabling Act (counties)

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Summary

Washington follows the Standard State Zoning Enabling Act lineage and delegates zoning power to local governments rather than zoning at the state level. Cities and towns receive the grant through Chapter 35.63 RCW (Planning Commissions), whose core provision, RCW 35.63.080, authorizes the council or board to regulate and restrict the location and use of buildings and land, height and density, setbacks, open space, and the subdivision of land in the interest of health, safety, morals, and the general welfare; optional municipal code cities operate under the parallel Chapter 35A.63 RCW. Counties hold equivalent authority under the Planning Enabling Act, Chapter 36.70 RCW, which empowers them to adopt "official controls" including zoning ordinances to implement a comprehensive plan. Overlaying this delegated structure, the state Growth Management Act (Chapter 36.70A RCW) mandates comprehensive planning and consistent development regulations for larger and faster-growing counties and their cities, giving Washington a state-supervised but locally administered zoning system. Authority is therefore held concurrently by municipalities and counties, constrained by GMA where it applies.

The delegation

RCW 35.63.080 — Restrictions on buildings—Use of land. (1) The council or board may provide for the preparation by its commission and the adoption and enforcement of coordinated plans for the physical development of the municipality. For this purpose the council or board, in such measure as is deemed reasonably necessary or requisite in the interest of health, safety, morals, and the general welfare, upon recommendation by its commission, by general ordinances of the city or general resolution of the board, may: (a) Regulate and restrict: (i) The location and the use of buildings, structures, and land for residence, trade, industrial, and other purposes; (ii) The height, number of stories, size, construction, and design of buildings and other structures; (iii) The size of yards, courts, and other open spaces on the lot or tract; (iv) The density of population; (v) The setback of buildings along highways, parks, or public water frontages; and (vi) The subdivision and development of land; (b) Eliminate the minimum gross floor area requirements for single-family detached dwellings or reduce the requirements below the minimum performance standards and objectives contained in the state building code; and (c) Encourage and protect access to direct sunlight for solar energy systems. (2) The council of a city where ordinances adopted in accordance with this section are in effect may, on the recommendation of its commission, provide for the appointment of a board of adjustment to make, in appropriate cases and subject to appropriate conditions and safeguards established by ordinance, special exceptions in harmony with the general purposes and intent and in accordance with general or specific rules therein contained. --- RCW 36.70.020 (definitions, county Planning Enabling Act) — "Official controls" means legislatively defined and enacted policies, standards, precise detailed maps and other criteria, all of which control the physical development of a county or any part thereof or any detail thereof, and are the means of translating into regulations and ordinances all or any part of the general objectives of the comprehensive plan. Such official controls may include, but are not limited to, ordinances establishing zoning, subdivision control, platting, and adoption of detailed maps.

Verification

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Verified against the Washington State Legislature's official RCW site (app.leg.wa.gov) and Justia. (a) Real/current statute: CONFIRMED. RCW 35.63.080 is current (last amended 2018, not repealed). Its title is "Restrictions on buildings — Use of land." Chapter 35.63 RCW is titled "Planning Commissions" within Title 35 (Cities and Towns). RCW 35.63.010 is the chapter's definitions section. (b) Genuine zoning enabling authority: CONFIRMED. RCW 35.63.080 expressly empowers the council/board to "regulate and restrict" the location and use of buildings, structures, and land for residence/trade/industrial/other purposes; building height, number of stories, size, construction, design; density of population; setbacks along highways/parks/public water frontages; and the subdivision and development of land — matching the SSZEA "health, safety, morals, general welfare" lineage described in the claim. The county parallel, Chapter 36.70 RCW, is confirmed to be titled "PLANNING ENABLING ACT" and authorizes counties to adopt "official controls" (RCW 36.70.550 et seq.) including zoning ordinances to implement a comprehensive plan. Chapter 35A.63 RCW (optional municipal code) and Chapter 36.70A RCW (Growth Management Act) are correctly characterized as the code-city parallel and the state-level planning overlay, respectively. (c) Authority model: CONFIRMED accurate. county_and_municipal with a state-level GMA overlay. Zoning power is delegated to cities/towns (Ch. 35.63 / 35A.63 RCW) and counties (Ch. 36.70 RCW), constrained by the GMA (Ch. 36.70A RCW) where applicable. Washington does not zone at the state level; it follows the delegated, locally administered model. No corrections needed. Citation, titles, and authority model are all accurate.