Featured Inquiry (01/14/08)

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Question

May contract rezones still be used as a tool, or have they been replaced by development agreements?

Answer

The term "contract zoning" or “contract rezone” refers to an agreement between a developer and a local government where the local government grants a rezone in exchange for a developer meeting certain conditions related to a development. Local governments in Washington have used such "contract rezones," sometimes called “concomitant agreements,” for many years as a tool to ensure that a rezoned property is developed as proposed and agreed upon at the time of approval.

However, neither contract rezones nor concomitant agreements were specifically authorized in the planning statutes, though, in 1995, the state legislature authorized "development agreements" in RCW 36.70B.170 – .200. These statutes place some restrictions and requirements on local government use of development agreements, and they apply to any new agreements or contracts related to rezones. We recommend that local jurisdictions use the term "development agreement" instead of "contract agreement" or "concomitant agreement" since state law now refers to these as "development agreements." Such agreements (including those that apply to rezones) are now clearly authorized when executed consistent with RCW 36.70B.170 - .200.