New Housing Laws (2023)

Missing Middle Housing

In 2023, the Washington State Legislature passed several significant housing and land use bills that are intended to expand the state’s housing supply and help address the ongoing affordable housing crisis. The two more significant bills center around missing middle housing (E2SHB 1110) and accessory dwelling units (EHB 1337). In short, these two bills require many local governments (including Medina) to revise their regulations to allow for a greater number and increased types of housing in areas traditionally dedicated to single-family detached housing. Both bills took effect on July 23, 2023, but local governments are not required to update their local regulations until six months after their periodic comprehensive plan update. 

The Department of Commerce has released a Fact Sheet based on questions they are receiving from local jurisdictions.

The following are questions that the city has received since the legislation passed:

When is Medina going to adopt codes to reflect the new housing laws?

Cities have until six months after the periodic comprehensive plan update is due. Medina is required to submit their update by December 31, 2024 which means the development regulations that support the new housing legislation must be adopted by June 30, 2025. It is not anticipated that the city will adopt regulations sooner. 

Can you tell me if I can build an ADU on my property?

Medina already allows ADUs and they may be either attached or detached from the primary residence. However, ADUs are not exempt from normal development regulations such as lot coverage, setbacks, and impervious surface. If you own a property where you're either already maxed out on the available building envelope or don't have the space due to setback restrictions, you will be unable to build a detached ADU. It's possible, however, you could convert space inside the existing house into an attached ADU, but you should consult with a design professional to discuss your options.

How do I know if I have space and coverage available to build an ADU?

Medina's development code depends on the zoning and lot size of a property. 

Do we have to change the code?

Yes. The Department of Commerce has been directed to publish a model middle housing ordinance by the end of 2023. If Medina doesn't amend the development regulations, the ordinance created by Commerce will supersede, preempt, and invalidate Medina's development regulations until the City implements its own code. 

How can I see what's being proposed?

The City is currently working on the Comprehensive Plan Update that's due December 31, 2024. In 2024, the City will post a tentative work plan for the development code update, including how you can participate and comment on the proposal. 

Is the City going to have a town hall or open house to talk about these bills?

Yes. It is anticipated that the City will hold a meeting in the fall; details will come later.

How do I stay informed of what's happening?

The best way to stay informed is to subscribe to Medina's email notifications and to check out the New Housing Laws page.