Contact:
Stephanie Giralmo, Public Relations & Media Manager
Master Builders Association of King and Snohomish Counties
p 425.457.7067

FOR IMMEDIATE RELEASE

Kirkland Tree Ordinance Falls Short on Addressing Housing Crisis

MBAKS, builders and property owners appeal City’s ordinance, seeking balance between tree protection and need for more housing choices

BELLEVUE, Wash., May 18, 2022—Master Builders Association of King and Snohomish Counties (MBAKS) today joined eight builder/developers and property owners in filing an appeal before the Growth Management Hearings Board regarding Kirkland’s recently adopted tree protection ordinance.

On March 15, the Kirkland City Council approved the ordinance governing tree removal and replacement by a vote of 5-2. Public comments opposing the vote observed the final ordinance had abandoned a multi-year collaborative effort between City stakeholders, Kirkland residents, the Houghton Community Council (HCC), MBAKS, and individual developers. According to the comments, these key stakeholders had proposed a balanced approach for trees and growth goals, which the City jettisoned in favor of an entirely staff-drafted ordinance.

The adopted ordinance defines “landmark trees” that must be preserved by private property owners and creates a nearly total ban on their removal from private property. Under the new definitions, these “landmark trees” and “groves” are common throughout the city and are found on countless private properties. The appeal argues this action failed to meet important planning goals of the Growth Management Act (GMA), including those calling for encouraging development in urban areas, affordable housing, and timely, fair and predictable permit processing. Furthermore, the ordinance was adopted without consideration of private property rights, largely placing the burden on private property owners for achieving the city’s goal of a city-wide 40% tree canopy.

“The work to provide more housing choices takes place in a robust regulatory and planning regime that protects the environment and considers a variety of perspectives” said Interim MBAKS Executive Director Jerry Hall. He noted that “Kirkland is doing many things right under the GMA and is one of the better jurisdictions in which MBAKS members develop land and build homes. However, we are concerned that more onerous tree retention and replanting requirements in Kirkland’s tree code will significantly increase review times and construction costs, hampering new home construction at a time when more housing supply is desperately needed. This will make it increasingly difficult for the city to meet its own housing goals and provide a range of affordable housing options for current and future residents.”

MBAKS also maintains that the ordinance improperly treats single trees and small groves of trees as critical areas on par with wetlands or fish and wildlife habitat conservation areas, even though they do not qualify as critical areas or for protection under GMA rules. Nor does the ordinance rely on “best available science” or consideration of the significant tradeoffs involved with this new set of limitations. At the same time, MBAKS asserts that the city did not consider any “best available science” in requiring large buffer areas around tree protection and critical root zones, as required under the GMA for designated critical areas.

Prior to its adoption, MBAKS actively engaged with the city and others in a multi-year stakeholder process, offering input on how to support our shared goals of a vibrant tree canopy—both in the short term and many years into the future— while providing much needed housing. However, the city put the process on hold in 2019. The city then in 2021 suddenly changed course, entirely disregarding the stakeholders’ input and recommendations from 2019, and took a far different approach on tree protection with very limited opportunity for comments from stakeholders.

The HCC, along with MBAKS, were part of the stakeholder process in 2018/2019. The city did not consider the HCC’s input prior to adopting the new regulations but did provide them the right to veto the new regulations as applied to their jurisdiction. The HCC did just that and voted overwhelmingly on April 25th to veto the new regulations. The HCC and MBAKS share many of the same concerns regarding the new regulations including lack of predictability.

The GMA requires fast-growing counties and cities to plan thoughtfully for new housing, transportation, and business centers, while still protecting environmentally critical areas. Encouraging housing near job centers will reduce long commutes and lower greenhouse gas emissions. Additionally, denser housing efficiently uses our limited land supply, and these homes are more affordable and energy efficient.

MBAKS is strongly committed to environmental stewardship, which can be seen in our advocacy work for pro-density housing measures, like accessory dwelling units, fee simple townhouse codes, and state legislation facilitating middle housing and transit-oriented development. MBAKS believes trees are a vital component of our urban environment, whether thoughtfully retained or newly established in harmony with development.

“We stand as a partner in the work to address the current housing affordability crisis and support crafting a plan for maintaining the vibrant tree canopy that we all love in Kirkland,” said Jennifer Anderson, MBAKS Interim Government Affairs Director. “Unfortunately, we believe that the current adopted tree code works against rigorous planning work required by the GMA, which exists to encourage more homes near jobs and schools so that we may protect our most pristine areas and open places that make our region special.” Anderson further stated that MBAKS hopes this appeal will help clarify the authority of local jurisdictions under the GMA to regulate tree retention, particularly outside of critical areas.

MBAKS supports tree protection. However, it is sometimes necessary for homebuilders to remove trees to meet each property’s highest and best use. Trees are also often removed for safety reasons when they could result in dangerous conditions for residents. In addition, trees are often replaced at a higher rate than removal, with new trees established in locations better suited for healthy long-term growth within the developed environment, and with more diverse tree types than what was removed, ensuring a healthy tree canopy is maintained and enhanced over time.

There are numerous other state and local regulatory requirements builders must follow to ensure environmental protection, including shoreline rules, grading and drainage codes, stormwater regulations, building and energy codes, and more. The GMA challenge contends Kirkland’s ordinance upsets the delicate balance of considerations that ensure the responsible growth of our community.

For more information, please email pr@mbaks.com.

About MBAKS

Founded in 1909 and headquartered in Bellevue, Washington, the Master Builders Association of King and Snohomish Counties (MBAKS) is the nation’s oldest and largest local homebuilders association. Like our founders, our members continue to take a leading role in all facets of homebuilding and support the planning for a growing region. From new technology to advances in sustainability, from collaborative public policy efforts to investing in our communities, our commitment to a thriving, inclusive and well-planned region never wavers. We are the professional homebuilders, architects, remodelers, tradespeople (carpenters, framers, roofers, plumbers, electricians), planners and engineers, suppliers, manufacturers, and sales and marketing professionals in your community who believe everyone deserves access to a healthy and productive place to call home.

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The 2026 Washington State legislative session kicks off January 12, and it will be fast, fiscal, and highly consequential for housing. As a 60-day supplemental budget session, lawmakers enter Olympia facing mounting housing affordability pressures, limited time, and a constrained budget.

Governor Ferguson’s proposed 2026 supplemental budget aims to address an estimated $2.3 billion shortfall in the 2025-27 biennium. The proposal relies on spending reductions, tapping the state’s rainy-day reserve, and reallocating existing funds, rather than new taxes in the supplemental.

The shortfall reflects slower revenue growth, driven by weaker real estate activity and employment, alongside rising costs to maintain existing services. As a result, budget negotiations are expected to focus on fiscal prioritization and cost containment, with renewed discussion of potential revenue options. This includes proposals such as a payroll expense tax on large employers, changes to property tax growth limits, and renewed discussion of a high-income or “millionaire” tax as lawmakers weigh options to address the budget gap.

Despite these constraints, housing remains a top priority. Lawmakers broadly agree that we cannot address affordability without building more homes—but debate continues over how to do that.

Given budget realities, the most viable housing policies will be those that speed delivery, reduce risk, and avoid adding new costs. That is exactly where Master Builders Association of King and Snohomish Counties (MBAKS) is focused.

MBAKS 2026 Legislative Priorities: A Practical Path to More Homes

In 2026, MBAKS is advancing a focused, solutions-oriented agenda aimed at reducing delays, lowering costs, and expanding housing opportunities across Washington. Our priorities reflect what builders experience every day—and what moves the needle on affordability.

Subdivision Reform & Streamlining

Washington’s subdivision laws are outdated and unnecessarily complex. MBAKS supports modernizing subdivision statutes by clarifying pre-application requirements, requiring administrative approval of plats within urban growth areas, and encouraging concurrent review of plats and construction plans. These changes will shorten timelines, reduce risk, free up local staff capacity, and expand infill housing opportunities (HB 1818; SB 5633).

Clear & Objective Development Standards

Subjective regulations create uncertainty, delays, and higher costs. MBAKS supports legislation to ensure local development regulations are clear, objective, and predictable, leading to faster and more reliable permit approvals (SB 5613).

Self-Certification & Review Cycles

Redundant reviews drive up costs without improving outcomes. MBAKS supports allowing licensed professionals to self-certify code compliance and limiting projects to three review cycles when standards are met, preventing endless delays (SB 5729).

Building Code Pause

Constant code changes add cost and uncertainty. MBAKS supports rebalancing the Building Code Council’s membership and pausing frequent code updates to stabilize construction costs and improve affordability.

Rural Accessory Dwelling Units (ADUs)

Rural communities also need housing solutions. Streamlining Accessory Dwelling Units (ADU) permitting in rural areas can support multigenerational living, expand housing choices, and strengthen rural communities (HB 1010).

Oppose Increases to Fees, Taxes, & Housing Costs

At a time of record affordability challenges, Washington cannot tax or fee its way to more housing. MBAKS will oppose policies that increase housing costs through higher fees or taxes and continue advocating for solutions that make homeownership more attainable.

The Bottom Line

The 2026 session will test whether Washington is serious about addressing housing affordability. With limited time and tight budgets, success will hinge on cutting red tape, restoring predictability, and resisting policies that drive costs higher. MBAKS will remain at the table throughout session, advancing practical reforms that help builders deliver the homes Washington urgently needs.

Spoiler: It's the top 10 green neighborhoods list. Georgetown is number eight.

Apologies for the clickbaity title. You should know that we would never make you click through twenty pages only to find a mediocre surprise at the end of the journey.

Back on topic, this is actually pretty cool for Georgetown, the area formerly known for satisfactorily dingy bars, burgers, and a weird smell probably produced by a mixture of said beer and burgers with a hint of airline fuel.

Redfin found that 56 percent of Georgetown homes were considered green, meaning they had one or more green features.

The study, conducted by Redfin data scientists, analyzed real estate listings for homes sold between January 2017 and April 2018 in more than 80 metro areas. The study also found that homes with the aforementioned one or more green features sold at significantly higher rates than those boring old techless homes—green had a median price of $569,000, compared to $522,000 for all other homes. That's…like a $47,000 difference. Right? Yes.

Numbers one and two on the list were, surprisingly, in Cleveland—the Malvern and Fenway neighborhoods in the upscale Shaker Heights neighborhood known for its sustainability efforts, among other things.

Neighborhoods in Philly, Orange County (CA), and the hipster haven Red Hook area of Brooklyn rounded out the list.

What does this mean for Georgetown? Nothing much more than a brag piece. It does, however, bring to light the fact that our builders and residents are trying. And that means something. Built Green, which certifies green homes in King and Snohomish counties and advocates for sustainability, can likely take some credit for Georgetown's number eight spot; last year, the partner program of MBAKS certified more than 800 new homes, which isn't easy to accomplish. Homes must adhere to vigorous checklists to be considered Built Green.

Says Built Green Program Manager Leah Missik, "Building green is about more than the gadgets that go into a home. (Programs like) Built Green work hard to promote healthy, sustainable communities in a variety of ways." Missik and Built Green are proud to lead by example both locally and at a national level. In fact, Missik says, "Each individual (Built Green) home is more water and energy efficient, healthier, and more comfortable, but our checklist also promotes walkability, access to transit, and community resources."

Missik drives home the importance of all-encompassing, sustainable communities like Georgetown and those others on the list, saying, "Homes are, after all, part of a community through the people who live in them!"

It's no secret that in progressive cities like Seattle and its surrounding areas that green is quickly becoming the new gold. People pay more for healthier, more sustainable homes and builders know this. Money has always talked, but when you attend a Built Green event, you quickly realize the people involved in green building also walk the walk. It's about more than higher home prices, which are already doing just fine in our area. It's about building a healthier future for our kids, and their kids, and so on.

Congratulations on being green, Georgetown. We'd buy you a beer, but you probably already have that covered.