Behavioral Health Facilities Code Update

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The City of Kent is studying and considering adding behavioral health facility uses into the land use code to provide clarity on siting and permitting of these facilities. Behavioral health facilities provide a wide variety of services, including psychosocial rehabilitation, the development of skills to integrate back into the community, medication, substance use disorder treatment, individual and group therapy, peer counseling and other therapeutic services.

A lack of behavioral health facilities has put significant strain on the region's hospitals, jails, and emergency responders to provide mental health services. King County lost 1 of every 3 residential treatment beds in recent years. As of July 2022, people wait an average of 44 days for a mental health residential bed. If someone's in crisis today, they will be taking up a hospital bed, waiting in jail, or will need a full-time caretaker for at least a month and a half before having any access needed treatment.

There are many types of behavioral health facilities and the City has identified several that have garnered significant interest and need in our community. Staff are working to update code to include siting and permitting requirements for enhanced service facilities and intensive behavioral health treatment facilities. Staff are also reviewing changes to existing opioid treatment program locations and requirements. As part of this process, we have had many community conversations with various volunteer boards and human service providers within the City of Kent.


The City of Kent is studying and considering adding behavioral health facility uses into the land use code to provide clarity on siting and permitting of these facilities. Behavioral health facilities provide a wide variety of services, including psychosocial rehabilitation, the development of skills to integrate back into the community, medication, substance use disorder treatment, individual and group therapy, peer counseling and other therapeutic services.

A lack of behavioral health facilities has put significant strain on the region's hospitals, jails, and emergency responders to provide mental health services. King County lost 1 of every 3 residential treatment beds in recent years. As of July 2022, people wait an average of 44 days for a mental health residential bed. If someone's in crisis today, they will be taking up a hospital bed, waiting in jail, or will need a full-time caretaker for at least a month and a half before having any access needed treatment.

There are many types of behavioral health facilities and the City has identified several that have garnered significant interest and need in our community. Staff are working to update code to include siting and permitting requirements for enhanced service facilities and intensive behavioral health treatment facilities. Staff are also reviewing changes to existing opioid treatment program locations and requirements. As part of this process, we have had many community conversations with various volunteer boards and human service providers within the City of Kent.


Project Backgroud

Behavioral Health Facilities Code Update Hearing at Land Use and Planning Board Special Meeting

To view the proposed code update click here.

What: Land Use and Planning Board Meeting- Hearing with Public Comments
Time:  7:00 PM
Location: Council Chambers - 220 Fourth Avenue S Kent, WA 98032; Remote attendance available (refer to agenda for details)

Agenda will be posted at least 24 hours before the meeting: Agenda - Land Use and Planning Board Special Meeting




Important Dates and Meetings:

  • October 1, 2024: City Council Votes
  • October 15, 2024: City Council Consent Meeting

Timeline of Prior Meetings:

  • April 19, 2016: Ordinance No. 4193 was adopted by Kent City Council, which added “Opioid Substitution Treatment Facilities” into our Land Use Code and determined that these facilities should be permitted with conditional uses.
  • May 16, 2023: Second Substitute Senate Bill 5536 passes, which designates that Opioid Treatment Programs are Essential Public Facilities. 
  • June 20, 2023: The City of Kent adopts Ordinance No. 4469 to comply with SB 5536, which updates statues on how local governments can regulate these programs. 
  • March 11, 2024: Introduction of Part II Behavioral Health Facilities to Land Use and Planning Board
  • March 19, 2024: Introduction of Part II Behavioral Health Facilities to City Council at Committee of the Whole
  • May 30, 2024: Discussion with members of the Human Services Board
  • June 4, 2024: Updates to City Council at Committee of the Whole
  • June 10, 2024: Updates to Land Use and Planning Board
  • June 25, 2024: Discussion with Diversity, Equity, Inclusion and Belonging Board
  • August 12, 2024: Updates to Land Use and Planning Board
  • August 20, 2024: Updates at Council Workshop
  • September 9, 2024: Draft Code Presentation for Behavioral Health Facility Codes


Phase I Behavioral Health Facilities Code Updates (Summer 2023)

Last year (2023), a state legislative special session adopted Senate Bill 5536, commonly referred to as the “Blake Fix.” This law updates state statutes concerning controlled substances, counterfeit substances, and legend drug possession and treatment. The Blake Fix was expansive legislation focusing on drug possession penalties, pre-trial diversion programs, public drug use, and more. It also included a few land use changes for cities. The City addressed these changes through Phase I of our code update, which included:  

  1. Added and clarified uses that are considered an essential public facility (EPF) in RCW 36.70A.200;
  2. Added a definition for harm reduction program; 
  3. Revised the definition for opioid treatment program; and
  4. Ensured compliance in regulating opioid treatment programs only to the extent that such requirements and conditions are similarly applied to other essential public facilities and health care settings.

There was a tight effective deadline to make these changes. Ordinance No. 4469 was adopted in Kent City Code to address the new state law, which took effect on July 1, 2023. City Staff recognized that we would need to evaluate Opioid Treatment Programs in the future, which led us to Phase II.

Phase II Behavioral Health Facilities Code Updates (Spring – Fall 2024)

During Phase I of the Behavioral Health Facilities Code Update, the City committed to further research to explore expanding the allowable areas for Opioid Treatment Programs and adding newer behavioral health facilities to our Land Use Code.




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Page last updated: 13 Sep 2024, 12:28 PM