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SUBJECTS › HOUSING › Local Land Use Regulation of Manufactured Housing
Updated 08/09

Local Land Use Regulation of Manufactured Housing

Contents

Introduction/Overview/Legislation

The 2004 legislature significantly changed the landscape of local land use regulation of manufactured homes by the passage of SB 6593 (Chapter 256, Laws of 2004), which became effective on July 1, 2005.  This new law requires that, to protect "consumers' choices in housing," cities and counties must regulate manufactured homes built to federal manufactured housing construction standards no differently than they regulate other types of homes. 

Nevertheless, cities and counties may under this legislation require that that these manufactured homes: (1) be new manufactured homes (but see below); (2) be set on a permanent foundation; (3) comply with any local design standards that may apply to all other homes in the neighborhood in which the manufactured home is to be located; (4) are thermally equivalent to the state energy code; and/or (5) otherwise meet requirements for a "designated manufactured home" in RCW 35.63.160.   (Because a "designated manufactured home" under that definition is one that includes at least two sections, cities and counties may still regulate "single-wide" manufactured homes differently than other types of homes.) 

However, this legislation was amended by the 2008 legislature to provide that cities and counties may not prohibit a mobile or manufactured home from locating in an existing mobile home park or manufactured housing community based on the age or size of that mobile or manufactured home.  See RCW 35.21.684; RCW 35A.21.312.  Local jurisdictions are still permitted to place age and design criteria on manufactured housing that is sited outside of mobile and manufactured housing communities.     

Prior to SB 6593, Washington cities and counties seemingly had the authority to regulate the location of manufactured homes through zoning and even to ban them entirely.  While local governments were (and still are) "preempted" by federal law (the National Manufactured Housing Construction and Safety Standards Act of 1974) from enacting construction, safety, and energy standards that are stricter than those established by federal regulations adopted by the Department of Housing and Urban Development (HUD), HUD had acknowledged that the federal legislation did not limit the authority of local governments to regulate the location of manufactured housing, as long as they do not do so based on compliance or noncompliance with stricter construction, safety, and energy standards.  And, in  Washington Manufactured Housing Assn. v. Public Utility District No. 3, 124 Wn. 2d 381, 385 (1994), the state supreme court, in dicta, noted that it is "clear that zoning laws that ban manufactured housing or limit them to certain areas are not preempted if they are silent as to construction or safety standards."  SB 6593, however, eliminated any previous ability of local governments in the state to restrict where manufactured housing - at least certain manufactured housing - could locate.

A impetus for the 2004 legislation was, according to the legislative intent expressed in Section 1 of SB 6593, to provide for "affordable homeownership and rental housing."  Whatever one's views regarding manufactured housing, it cannot be disputed that manufactured housing today is quite different from the mobile homes of twenty or thirty years ago or more. "Mobile homes," as they are commonly thought of, are no longer being built, and "manufactured housing" has taken their place. Manufactured housing is much more like traditional site-built housing than was the traditional mobile home. The manufactured housing industry contends that there is no appreciable difference between the two. Nevertheless, manufactured housing is generally thought of as being "alternative housing," an alternative to site-built housing. Being generally less expensive than site-built housing, manufactured housing is considered to provide viable housing opportunities for low income families.   

The 2009 legislature added a further limitation on the authority of cities and counties regarding manufactured/mobile home communities.  Under EHB 1227 (Ch. 79, Laws of 2009), which is effective on July 26, 2009, cities and counties may not have an ordinance that prevents the entry or requires the removal of a recreational vehicle used as a primary residence in manufactured/mobile home communities.  However, cities and counties may enact requirements that utility hookups in manufactured/mobile home communities meet state and federal building code standards for these communities and that a recreational vehicle contain both an internal toilet and an internal shower (unless the manufactured/mobile home community provides toilets and showers).

Many local manufactured housing ordinances in this state have been on the books for a number of years and do not necessarily reflect the current state of the law or of the industry.  Tthe Washington Manufacured Housing Association has developed "model" regulations for local governments to adopt for the purpose of complying with SB 6593.  See Documents below.  The model regulations do not, however, address the 2008 legislation, SSB 5524, or the 2009 legislation, EHB 1227.

Relevant Statutes

Documents

Case Law

Ordinances

Ordinances, Codes, and Materials that Address SB 6593

Ordinances, Codes, and Materials that Address EHB 1227 (Ch. 79, Laws of 2009)