Citizens Challenge New State Laws with Referendums to Protect Local Control and Environmental Reviews

In a significant pushback against recent state legislation, Washington citizens have initiated Referendum 108 and Referendum 109. These measures aim to overturn HB 1491 and ESSB 5184, laws that eliminate mandatory environmental reviews under the State Environmental Policy Act (SEPA) and restrict cities' abilities to enforce parking requirements for new developments. The controversy centers on the perceived erosion of local democracy and the potential for negative community impacts, including increased congestion and reduced safety.

The laws, signed by Governor Bob Ferguson in May, have sparked outrage among residents and local officials who argue that they bypass public input and environmental considerations for projects near transit stations and affordable housing developments. A notable example is the Plymouth Housing project in Redmond, which, despite local zoning codes requiring 125 parking stalls, plans to proceed with only four, raising concerns about parking shortages and public safety.

Critics of the laws, including referendum sponsor Nick Strathy, accuse the state of imposing a one-size-fits-all approach that disregards the unique needs and infrastructure of different communities. They warn that the removal of parking minimums and SEPA reviews could lead to worsened congestion, safety risks, and a backlash against new housing developments, particularly in suburban areas where public transit options are limited.

The referendums represent a critical juncture for local control and public participation in development decisions. With the Attorney General set to issue ballot titles and summaries, organizers are preparing to gather signatures to place the measures on the November ballot. This effort underscores a broader debate over transparency, fairness, and the balance between state mandates and local governance.