The Snohomish County Superior Court recently invalidated Everett’s Initiative 24-03, a measure granting legal rights to the Snohomish River Watershed, stymying development and disrupting the state’s long-standing water rights system.

BIAW joined Master Builders Association of King and Snohomish County and several of its members in challenging the initiative, not only because of its devastating effects on home building, but also because it exceeded the scope of local initiative power.

“Local initiatives must be legislative in nature, and must not interfere with the authority delegated to local governments or conflict with existing laws or superior legislation,” said BIAW General Counsel Ashli Penner.

On Nov. 19, Judge Jennifer Langbehn agreed with the group, finding the measure was “directly contrary to the water rights system established by the State” and outside the scope of local initiative powers.

Her ruling confirms what builders across Washington already knew: Initiative 24-03 was unworkable, unlawful and harmful to both housing supply and environmental protection.

“As a trade association with members proudly building homes in the City of Everett, we are grateful that the Judge Langbehn affirmed the position we fought for with city officials and local businesses that Initiative 24-03 is invalid,” said Jerry Hall, executive director of MBAKS, in a news release. “Homebuilding must already adhere to strict local and state regulations that protect our water, air, and land. We know that environmental protection and housing are not competing goals, they depend on each other. The invalidation of Initiative 24-03 allows this existing framework to continue working as intended. We filed suit because it was necessary to protect the public’s best interest and ensure that our shared values of environmental stewardship are upheld as new homes are built and existing homes are remodeled for current residents, newcomers, and future generations.”

A win for housing and environmental stewardship

Washington builders already follow rigorous standards to protect water, air and land. This decision ensures that those statewide systems remain intact and consistent for everyone.

The court’s decision protects the community’s best interest and preserves the framework that allows builders to deliver safe, sustainable housing.

Why the case mattered

Everett officials were required by law to place Initiative 24-03 on the ballot once supporters gathered enough signatures. But Washington law does not allow cities to judge whether an initiative exceeds local authority before sending it to voters.

After the measure passed, MBAKS and others turned to the courts to ensure state water-rights law prevailed and to prevent an initiative that would have effectively stopped new homes and remodeling projects in Everett.

BIAW appreciates MBAKS’ leadership and the court’s clear decision.

“This ruling protects housing affordability, supports environmental goals, and reinforces the importance of consistent statewide rules for the building industry,” Penner said.

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