Washington § 19.445.020 - Private agreements — Negative use restrictions prohibition — Exceptions.

(1) Except as provided in subsection (3) of this section, a private agreement that imposes a negative use restriction upon real property in this state so as to prohibit or restrict the use of such real property for a grocery store or pharmacy when the use would otherwise be permitted under applicable land use ordinances, including as a conditional use, is against public policy, is prohibited, and is void and unenforceable. It is unlawful for any person to enter an agreement that is prohibited by this section or for any person who is the beneficiary of a negative use restriction imposed by such an agreement to allow such a restriction agreed to on or after June 11, 2026, to remain or to refuse to release it.

(2) Except as provided in subsection (3) of this section, the prohibition in subsection (1) of this section:

(a) Applies to any private agreement incorporated into a contract, deed restriction, restrictive covenant, lease, memorandum of lease, or any other recorded or unrecorded instrument;

(b) Includes a private agreement limiting the size of a grocery store or pharmacy; and

(c) Applies to negative use restrictions that prohibit or restrict the use of real property for a pharmacy alone and to negative use restrictions that prohibit or restrict the use of real property for a drug store.

(3) This section does not apply to:

(a) An agreement imposing a negative use restriction that became effective prior to June 11, 2026;

(b) An agreement that imposes a negative use restriction to prohibit or restrict use of real property for a grocery store or pharmacy after an owner or operator of a grocery store or pharmacy discontinues operations of the grocery store or pharmacy on the property for the purpose of relocating the grocery store or pharmacy, if the following conditions are met:

(i) When compared to the discontinued store, the relocated store or pharmacy is similar in size or larger and similar in the scope of products sold;

(ii) The relocated grocery store or pharmacy is located within two miles of the discontinued site, except as provided in RCW 19.445.030;

(iii) Relocation and the commencement of operations at the new site occurs within two years, subject to force majeure, following the discontinued store's or pharmacy's closure, except as provided in RCW 19.445.030; and

(iv) The negative use restriction imposed on the prior site does not have a term in excess of five years from the date of the closure, except as provided in RCW 19.445.030; or

(c)(i) Except as provided in (c)(ii) of this subsection, an agreement that imposes a negative use restriction to prohibit or restrict use of real property for a grocery store or pharmacy in order to limit competition or conflicting uses within the confines of a retail center by allowing only a limited number of grocery stores or pharmacies within the retail center.

(ii) Except as provided in (b) of this subsection, it remains unlawful for any owner or operator who discontinues grocery store or pharmacy use at a site within a retail center for a period exceeding one year, or the time period under RCW 19.445.030, to seek to enforce a negative use restriction prohibiting or restricting grocery store or pharmacy uses within the retail center.