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Clerk 01/29/2026

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AN ORDINANCE authorizing the King County executive to execute an amendment to the Landscape Conservation and Local Infrastructure Program interlocal agreement between the city of Seattle and King County to update the list of open space improvement projects authorized by the program.

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STATEMENT OF FACTS:

1.  The Washington state Growth Management Act , chapter 36.70A RCW, establishes a policy of directing growth and development into urban areas, protecting rural and resource land, and encouraging the use of innovative tools like transfer of development rights ("TDR") to accomplish these outcomes.

2.  King County adopted a TDR program in 2001 ("TDR program") to permanently preserve rural and resource lands by transferring rural development potential into existing incorporated and unincorporated urban areas; since 2001, the TDR program has protected over 148,000 acres of rural and resource lands in unincorporated King County.

3.  King County has worked with the city of Seattle to develop a means by which King County TDR may be used to increase density within the city to achieve conservation of rural farm and forest lands in the unincorporated areas.

4.  The city of Seattle, by City Council Ordinance 124172, amended SMC chapter 23.58 to allow the South Lake Union, Denny/Broad, and Commercial Core areas of its downtown to be receiving areas for King County TDR, subject to an adopted interlocal agreement with King County.

5.  Chapter 318, Laws of Washington 2011, known as the Regional Transfer of Development Rights Program (“LCLIP”) and codified mostly in chapter 39.108 RCW, affirmed the value of regional TDR.6.  Chapter 39.108 RCW creates a mechanism for the cities and counties to partner on regional TDR efforts and urban infrastructure investments to support urban growth simultaneously with rural and resource land conservation.

7.  Chapter 39.108 RCW allows cities to accept development rights from county rural and resource lands to increase development capacity inside incorporated urban areas in exchange for cities receiving a portion of county property tax revenue generated from new construction in a designated Local Infrastructure Project Area ("LIPA").  Cities are required to invest those moneys in infrastructure projects and public improvements that support the increased development growth in LIPAs.

8.  King County and the city of Seattle entered into an interlocal agreement in 2013 to implement LCLIP, which was authorized by King County Ordinance 17663.

9.  The interlocal agreement contained an open space investments project list appended as Exhibit C to the interlocal agreement.  The projects enumerated in Exhibit C have been completed or are being funded through alternative funding sources.

10.  Section VIII.E of the LCLIP interlocal agreement provides that any modification to the interlocal agreement must be in writing and signed by the parties.  Approval of such modifications by each respective legislative body is required by chapter 39.34 RCW.

11.  By ordinance dated July 18, 2025, the city of Seattle approved an amendment to Exhibit C of the LCLIP interlocal agreement to include an updated open space investments project list reflecting current and future community needs within the LIPA, as informed by community engagement.

12.  King County desires to amend the LCLIP interlocal agreement project list in Exhibit C to reflect the changes approved by the Seattle city council.

                     BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:

                     SECTION 1.  The King County executive is hereby authorized to amend the

interlocal agreement with the city of Seattle, substantially in the form of Attachment A to this ordinance.