1. (1) A city or county planning under RCW 36.70A.040 may not require façade modulation or upper-level setbacks as a condition of permitting the following types of residential projects:

   1. (a) Affordable housing;
   2. (b) New construction meeting passive house requirements;
   3. (c) The retrofit of existing buildings meeting passive house requirements;
   4. (d) The conversion of existing buildings to housing or mixed-use development that includes housing;
   5. (e) Modular construction; or
   6. (f) Mass timber construction.

2. (2) For the purposes of this section:

   1. (a) "Façade modulation" means a change in building plane, either a recess or a projection, that changes the shape of the exterior massing of the building.
   2. (b) "Mass timber construction" means a building with structural components primarily made of mass timber products as defined in RCW 19.27.570.
   3. (c) "Modular construction" means a multistory residential or commercial building constructed of standardized components produced off-site, which are transported and assembled at a final location.
   4. (d) "Passive house requirements" means the criteria for certification as a passive house by Phius or the international passive house institute.
   5. (e) "Upper-level setback" means a required distance between the lot line and the building façade applied only to portions of the building above a specified height.

[ 2025 c 139 s 6.]