March 8, 2010 - In response to the downturn in residential development, the Washington Legislature recently passed Substitute Senate Bill 6544. If signed by the Governor, this Bill would amend RCW 58.17.140 to extend the time for submitting a final plat to seven years after preliminary plat approval. Currently, final plats must be filed within five years of preliminary plat approval. The Bill also amends RCW 58.17.170 to extend vesting of final plats for a period of seven years after the date of filing, unless the local legislative body finds that a change in conditions creates a serious threat to public health or safety in the subdivision. The Bill provides that “any lots in a final plat filed for record shall be a valid land use notwithstanding any change in zoning laws for a period of seven years from the date of filing.” Again, this is an increase over the five year vesting currently provided by RCW 58.17.170. The amendments to the subdivision code are temporary and expire on December 31, 2014.

For additional information, please contact the Chair of Foster Pepper’s Land Use practice group, Joe Brogan (206.447.6407), or Patrick Mullaney (206.447.2815).