GMHB Issues Order Finding City Compliant on All Issues

On Aug. 1, 2025, the Growth Management Hearings Board (GMHB) issued a Final Decision and Order (GMHB Order) finding that the Housing Element of the City of Mercer Island’s Comprehensive Plan was noncompliant with some Growth Management Act (GMA) provisions and remanded the Comprehensive Plan to the City for revision. Following a year of work to update the Comprehensive Plan, the Mercer Island City Council adopted Compliance Ordinances Nos. 26C-07, 26-09, 26C-10, and 26C-11 to address the issues brought forward by the GMHB Order:

• Ordinance 26C-07 - Amended Title 5 of the Mercer Island City Code (MICC) - Business Licenses and Regulations to implement anti-displacement measures.
• Ordinance No. 26-09 – Amended the Comprehensive Plan to address land capacity, adequate provisions, and establish a new Station Subarea Plan.
• Ordinance No. 26C-10 – Amended Title 19 of the MICC to implement the updated comprehensive plan, including implementation of Phase 1 of the Station Subarea Plan.
• Ordinance No. 26C-11 – Amended Title 15 of the MICC to implement the updated Utilities Element.

A recent Let's Talk article, City Council Adopts GMA Compliance Ordinances, further details the City’s actions to become compliant with the GMA.

As a response, the City submitted its Compliance Report, Statement of Actions Taken to Achieve Compliance, and Compliance Ordinances Nos. 26C-07, 26-09 and 26C-10 on Aug 18, 2026, for review by the petitioners, Futurewise et al. and the Growth Management Hearings Board. Futurewise concluded that the City is now in compliance.

On Sept 24, 2026, the GMHB issued a Compliance Order finding and concluding that the City’s actions adopting Ordinances Nos. 26-09 and 26C-10 corrected each and all instances of non-compliance identified in the GMHB Order. Since no further action is required by the City, the matter was dismissed by the GMHB.

The GHMB’s dismissal of this matter concludes the City’s work on the GMA Compliance project. However, implementation of the Comprehensive Plan, Station Subarea Plan, and the regulations adopted in Ordinance Nos. 26C-07 and 26C-10 is ongoing. The City will proceed with implementation and enforcement of the updated development regulations and with the new tenant protection regulations for multifamily and mixed-use housing. Additionally, further planning, community outreach and regulatory updates are expected as the City pursues implementation of the Station Subarea Plan Phase 2. State law adopted under HB 1491 requires action on this matter by Dec. 31, 2029.