title: RCW 36.89.042

text:
In issuing general obligation bonds at any time after February 20, 1970 for the purpose of providing all or part of the cost and expense of planning and design, establishing, acquiring, developing, constructing or improving the county capital purposes authorized by this chapter and RCW 86.12.020, the board of county commissioners may provide that such bonds also be made payable from any otherwise unpledged revenue which may be derived from the ownership or operation of any such properties or facilities.
[ 1970 ex.s. c 30 s 6.]

catchline: Issuance of general obligation bonds—Payment from revenue—Additional method.


doc_type: statute

jurisdiction: wa

title: RCW 36.89.050

text:
A county may finance, acquire, construct, develop, improve, maintain and operate any open space, park, recreation and community facilities, public health and safety facilities, stormwater control facilities and highways authorized by this chapter either solely or in conjunction with one or more governmental agencies. Any governmental agency is authorized to participate in such financing, acquisition, construction, development, improvement, use, maintenance and operation and to convey, dedicate or lease any lands, properties or facilities to any county for the purposes provided in this chapter and RCW 86.12.020, on such terms as may be fixed by agreement between the respective governing commissions or legislative bodies without submitting the matter to a vote of the electors unless the provisions of general law applicable to the incurring of public indebtedness shall require such submission.
No county shall proceed under the authority of this chapter to construct or improve any stormwater control facility or highway or part thereof lying within the limits of a city or town except with the prior consent of such city or town. By agreement between their respective legislative bodies, cities, towns and counties may provide that upon completion of any stormwater control facility or highway or portion thereof constructed pursuant to this chapter within any city or town, the city or town shall accept the same for maintenance and operation and that such stormwater control facility or highway or portion thereof shall thereupon become a part of the respective stormwater control facility or highway system of the city or town.
A county may transfer to any other governmental agency the ownership, operation and maintenance of any open space, park, recreation and community facility acquired by the county pursuant to this chapter, which lies wholly or partly within such governmental agency, pursuant to an agreement entered into between the legislative bodies of the county and such governmental agency: PROVIDED, That such transfer shall be subject to the condition that either such facility shall continue to be used for the same purposes or that other equivalent facilities within the county shall be conveyed to the county in exchange therefor.
[ 1970 ex.s. c 30 s 5; 1967 c 109 s 5.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Participation by other governmental agencies.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 36.89.060

text:
The powers and authority conferred upon governmental agencies under the provisions of this chapter, shall be construed as in addition and supplemental to powers or authority conferred by any other law, and nothing contained herein shall be construed as limiting any other powers or authority of such governmental agencies.
[ 1967 c 109 s 6.]

catchline: Powers and authority are supplemental.


title: RCW 36.89.062

text:
The power and authority conferred upon counties by this chapter and RCW 86.12.020 shall be in addition and supplemental to those already granted and shall not limit any other powers or authority of such counties.
[ 1970 ex.s. c 30 s 13.]

catchline: Power and authority of counties are supplemental.


title: RCW 36.89.065

text:
The county shall have a lien for delinquent charges, including interest, penalties, and costs of foreclosure thereon, against any property against which they were levied for the purposes authorized by this chapter, which lien shall be superior to all other liens and encumbrances except general taxes and local and special assessments. Such lien shall be effective upon the charges becoming delinquent and shall be enforced and foreclosed in the same manner as provided for sewerage liens of cities and towns by RCW 35.67.200 through 35.67.290. However, a county may, by resolution or ordinance, adopt all or any part of the alternative interest rate, lien, and foreclosure procedures as set forth in RCW 36.89.092 through 36.89.094 or 36.94.150, or chapters 84.56, 84.60, and 84.64 RCW.
[ 2007 c 295 s 4; 1991 c 36 s 1; 1987 c 241 s 1; 1970 ex.s. c 30 s 8. Formerly RCW 36.89.090.]

catchline: Lien for delinquent charges.


title: RCW 36.89.080

text:
(1) Subject to subsections (2) and (3) of this section, any county legislative authority may provide by resolution for revenues by fixing rates and charges for the furnishing of service to those served or receiving benefits or to be served or to receive benefits from any stormwater control facility or contributing to an increase of surface water runoff. In fixing rates and charges, the county legislative authority may in its discretion consider:
(a) Services furnished or to be furnished;
(b) Benefits received or to be received;
(c) The character and use of land or its water runoff characteristics;
(d) The public benefit nonprofit corporation status, as defined in RCW 24.03A.245, of the land user;
(e) Income level of persons served or provided benefits under this chapter, including senior citizens and individuals with disabilities; or
(f) Any other matters which present a reasonable difference as a ground for distinction.
(2) The rate a county may charge under this section for stormwater control facilities shall be reduced by a minimum of ten percent for any new or remodeled commercial building that utilizes a permissive rainwater harvesting system. Rainwater harvesting systems shall be properly sized to utilize the available roof surface of the building. The jurisdiction shall consider rate reductions in excess of ten percent dependent upon the amount of rainwater harvested.
(3) Rates and charges authorized under this section may not be imposed on lands taxed as forestland under chapter 84.33 RCW or as timberland under chapter 84.34 RCW.
(4) The service charges and rates collected shall be deposited in a special fund or funds in the county treasury to be used only for the purpose of paying all or any part of the cost and expense of maintaining and operating stormwater control facilities, all or any part of the cost and expense of planning, designing, establishing, acquiring, developing, constructing and improving any of such facilities, or to pay or secure the payment of all or any portion of any issue of general obligation or revenue bonds issued for such purpose.
[ 2021 c 176 s 5214; 2003 c 394 s 3; 1998 c 74 s 1; 1995 c 124 s 1; 1970 ex.s. c 30 s 7.]
Notes:
Effective date—2021 c 176: See note following RCW 24.03A.005.
Sewerage, water, and drainage systems: Chapter 36.94 RCW.

catchline: Stormwater control facilities—Rates and charges—Limitations—Use.


title: RCW 36.89.085

text:
Except as otherwise provided in RCW 90.03.525, any public entity and public property, including the state of Washington and state property, shall be subject to rates and charges for stormwater control facilities to the same extent private persons and private property are subject to such rates and charges that are imposed by counties pursuant to RCW 36.89.080. In setting these rates and charges, consideration may be made of in-kind services, such as stream improvements or donation of property.
[ 1986 c 278 s 57; 1983 c 315 s 3.]
Notes:
Severability—1986 c 278: See note following RCW 36.01.010.
Severability—1983 c 315: See note following RCW 90.03.500.
Flood control zone districts—Stormwater control improvements: Chapter 86.15 RCW.
Rates and charges for stormwater control facilities—Limitations—Definitions: RCW 90.03.500 through 90.03.525. See also RCW 35.67.025, 35.92.021, and 36.94.145.

catchline: Stormwater control facilities—Public property subject to rates and charges.


title: RCW 36.89.092

text:
Any county may provide, by resolution or ordinance, that delinquent stormwater service charges bear interest at a rate of twelve percent per annum, computed on a monthly basis, in lieu of the interest rate provided for in RCW 35.67.200.
[ 1987 c 241 s 2.]

catchline: Stormwater control facilities—Alternative interest rate on delinquent charges.


title: RCW 36.89.093

text:
Any county may, by resolution or ordinance, provide that the stormwater service charge lien shall be effective for a total not to exceed one year's delinquent service charges without the necessity of any writing or recording of the lien with the county auditor, in lieu of the provisions provided for in RCW 35.67.210.
[ 1987 c 241 s 3.]

catchline: Stormwater control facilities—Alternative procedures for lien on delinquent charges.


title: RCW 36.89.094

text:
Any county may, by resolution or ordinance, provide that an action to foreclose a stormwater service charge lien may be commenced after three years from the date stormwater service charges become delinquent, in lieu of the provisions provided for in RCW 35.67.230.
[ 1987 c 241 s 4.]

catchline: Stormwater control facilities—Alternative foreclosure procedures on lien on delinquent charges.


title: RCW 36.89.100

text:
(1) Any county legislative authority may authorize the issuance of revenue bonds to finance any stormwater control facility. Such bonds may be issued by the county legislative authority in the same manner as prescribed in RCW 36.67.510 through 36.67.570. Such bonds may be in any form, including bearer bonds or registered bonds as provided in RCW 39.46.030.
Each revenue bond shall state on its face that it is payable from a special fund, naming such fund and the resolution creating the fund.
Revenue bond principal, interest, and all other related necessary expenses shall be payable only out of the appropriate special fund or funds. Revenue bonds shall be payable from the revenues of the stormwater control facility being financed by the bonds, a system of these facilities and, if so provided, from special assessments, installments thereof, and interest and penalties thereon, levied in one or more utility local improvement districts authorized by *this 1981 act.
(2) Notwithstanding subsection (1) of this section, such bonds may be issued and sold in accordance with chapter 39.46 RCW.
[ 1983 c 167 s 100; 1981 c 313 s 20; 1970 ex.s. c 30 s 9.]
Notes:
*Reviser's note: For codification of "this 1981 act" [1981 c 313], see Codification Tables.
Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following.
Severability—1981 c 313: See note following RCW 36.94.020.

catchline: Stormwater control facilities—Revenue bonds.


title: RCW 36.89.110

text:
A county may create utility local improvement districts for the purpose of levying and collecting special assessments on property specially benefited by one or more stormwater control facilities. The provisions of RCW 36.94.220 through 36.94.300 concerning the formation of utility local improvement districts and the fixing, levying, collecting and enforcing of special assessments apply to utility local improvement districts authorized by this section.
[ 1981 c 313 s 21.]
Notes:
Severability—1981 c 313: See note following RCW 36.94.020.

catchline: Stormwater control facilities—Utility local improvement districts—Assessments.


title: RCW 36.89.120

text:
Whenever a city or town annexes an area, or a city or town incorporates an area, and the county has issued revenue bonds or general obligation bonds to finance stormwater control facilities that are payable in whole or in part from rates or charges imposed in the area, the county shall continue imposing all portions of the rates or charges that are allocated to payment of the debt service on bonds in that area after the effective date of the annexation or official date of the incorporation until: (1) The debt is retired; (2) any debt that is issued to refinance the underlying debt is retired; or (3) the city or town reimburses the county amount that is sufficient to retire that portion of the debt borne by the annexed or incorporated area. The county shall construct all facilities included in the stormwater plan intended to be financed by the proceeds of such bonds. If the county provides stormwater management services to the city or town by contract, the contract shall consider the value of payments made by property owners to the county for the payment of debt service.
The provisions of this section apply whether or not the bonds finance facilities that are geographically located within the area that is annexed or incorporated.
[ 1993 c 361 s 1.]

catchline: Stormwater control facilities—Annexation, incorporation of area by city or town—Imposition of rates and charges by county.


title: RCW 36.89.130

text:
In addition to the authority provided in RCW 36.89.030, a county may, as part of maintaining a system of stormwater control facilities, participate in and expend revenue on cooperative watershed management actions, including watershed management partnerships under RCW 39.34.210 and other intergovernmental agreements, for purposes of water supply, water quality, and water resource and habitat protection and management.
[ 2003 c 327 s 10.]
Notes:
Finding—Intent—2003 c 327: See note following RCW 39.34.190.

catchline: Cooperative watershed management.


title: RCW 36.89.900

text:
This chapter shall take effect on June 9, 1967.
[ 1967 c 109 s 9.]

catchline: Effective date—1967 c 109.


title: RCW 36.90.010

text:
The property of the Southwest Washington Fair Association including the buildings and structures thereon, as constructed or as may be built or constructed from time to time, or any alterations or additions thereto, shall be under the jurisdiction of Lewis county. That property will be under the management and control of the board of county commissioners of Lewis county or that board's designee, for fair and county purposes.
[ 2024 c 75 s 1; 1998 c 107 s 1; 1973 1st ex.s. c 97 s 1; 1963 c 4 s 36.90.010. Prior: 1913 c 47 s 2; RRS s 2746.]
Notes:
Severability—1973 1st ex.s. c 97: "If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [ 1973 1st ex.s. c 97 s 8.]

catchline: Control of property.


title: RCW 36.90.020

text:
The southwest Washington fair commission heretofore established and authorized under the provisions of this chapter is abolished and all rights, duties and obligations of such commission is devolved upon the board of county commissioners of Lewis county and title to or all interest in real estate, choses in action and all other assets, including but not limited to assignable contracts, cash, deposits in county funds (including any interest or premiums thereon), equipment, buildings, facilities, and appurtenances thereto held as of the date of passage of this 1973 amendatory act by or for the commission shall, on *the effective date of this 1973 amendatory act vest in Lewis county for fair and county purposes.
[ 2024 c 75 s 2; 1973 1st ex.s. c 97 s 2; 1963 c 4 s 36.90.020. Prior: 1959 c 34 s 1; 1913 c 47 s 3; RRS s 2747; prior: 1909 c 237 s 4.]
Notes:
*Reviser's note: "the effective date of this 1973 amendatory act" [1973 1st ex.s. c 97] was July 16, 1973.
Severability—1973 1st ex.s. c 97: See note following RCW 36.90.010.

catchline: Fair commission abolished—Rights, duties, and obligations devolved upon Lewis county commissioners—Property vested in Lewis county.


title: RCW 36.90.030

text:
The board of county commissioners in the county of Lewis as administrators of all property relating to the southwest Washington fair may elect to appoint either (1) a designee, whose operation and funds the board may control and oversee, to carry out the board's duties and obligations as set forth in RCW 36.90.020, or (2) a commission of citizens to advise and assist in carrying out such fair. The chair of the board of county commissioners of Lewis county may elect to serve as chair of any such commission. Such commission may elect a president and secretary and define their duties and fix their compensation, and provide for the keeping of its records. The commission may also designate the treasurer of Lewis county as fair treasurer. The funds relating to fair activities shall be managed and accounted for as are other funds of Lewis county.
[ 2024 c 75 s 3; 2009 c 549 s 4149; 1998 c 107 s 2; 1973 1st ex.s. c 97 s 3; 1963 c 4 s 36.90.030. Prior: 1913 c 47 s 4; RRS s 2748.]
Notes:
Severability—1973 1st ex.s. c 97: See note following RCW 36.90.010.

catchline: Administration of fair—Appointment of designee or commission—Organization of commission—Funds.


title: RCW 36.90.040

text:
The southwest Washington fair shall be deemed a county and district fair for the purposes of chapter 15.76 RCW as well as an agricultural fair for the purpose of receiving allocations of funds under RCW 15.76.140 through 15.76.165.
[ 1973 1st ex.s. c 97 s 4; 1963 c 4 s 36.90.040. Prior: 1913 c 47 s 5; RRS s 2749.]
Notes:
Severability—1973 1st ex.s. c 97: See note following RCW 36.90.010.

catchline: Fair deemed county and district fair and agricultural fair.


title: RCW 36.90.050

text:
The Lewis county board of county commissioners may acquire by gift, exchange, devise, lease, or purchase, real property for southwest Washington fair purposes or joint fair and county purposes, and may construct and maintain temporary or permanent improvements suitable and necessary for the purpose of holding and maintaining the southwest Washington fair or other county uses of the fairgrounds. Any such property deemed surplus by the board may be (1) sold at private sale after notice in a local publication of general circulation, or (2) exchanged for other property after notice in a local publication of general circulation, under Lewis county property management regulations.
[ 2024 c 75 s 4; 1998 c 107 s 3; 1973 1st ex.s. c 97 s 5; 1963 c 4 s 36.90.050. Prior: 1959 c 34 s 2.]
Notes:
Severability—1973 1st ex.s. c 97: See note following RCW 36.90.010.

catchline: Acquisition, improvement, control of property.


title: RCW 36.90.070

text:
Upon payment to the state of Washington by Lewis county of the sum of one dollar, which sum shall be deposited in the general fund when received by the treasurer of the state of Washington, such treasurer is authorized and directed to certify to the governor and secretary of state that such payment has been made on the following described property presently utilized for southwest Washington fair purposes situated in Lewis county, Washington: "Beginning at the intersection of the south line of section Seventeen (17) Township Fourteen (14) North of Range Two (2) West of W.M. with the West right-of-way line of the Somerville consent Road, and running thence North 15 degrees 20 feet East along the West line of said Road, Eleven Hundred Forty-four (1144) feet, thence North 2 degrees 33 feet West along the said west line Seventy-four and four-tenths (74.4) feet, thence west on a line parallel with the said south line of said Section Seventeen (17) Eleven Hundred Sixty-seven and two tenths (1167.2) feet to within one hundred fifty (150) feet to the Center line of the Northern Pacific Railroad, thence south 16 degrees 20 feet West on a line parallel with and one hundred fifty (150) feet distant Easterly from the Center line of the Northern Pacific Railroad Eleven Hundred and Thirty-five and seven-tenths (1135.7) feet, thence East on a line parallel with and Eighty-seven and three-tenths (87.3) feet north of the south line of said section seventeen (17) eight hundred fifty-seven (857) feet, thence south 74 degrees 40 feet East three hundred thirty (330) feet to the point of beginning, containing thirty (30) acres in Section Seventeen (17) Township Fourteen (14) North of Range Two (2) West of W.M." and the governor is thereby authorized and directed forthwith to execute and the secretary of state is authorized and directed to attest to a deed conveying said lands to Lewis county, Washington. The office of the attorney general and the commissioner of public lands shall offer any necessary assistance in carrying out such conveyance. This conveyance shall be understood to have no use restrictions and to give Lewis county control of the property for fair and county purposes as set forth in this chapter.
[ 2024 c 75 s 5; 1973 1st ex.s. c 97 s 6.]
Notes:
Severability—1973 1st ex.s. c 97: See note following RCW 36.90.010.

catchline: Conveyance of property to Lewis county for fair purposes.


title: RCW 36.900.010

text:
The provisions of this title insofar as they are substantially the same as statutory provisions repealed by this chapter, and relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments.
[ 1963 c 4 s 36.98.010. Formerly RCW 36.98.010.]

catchline: Continuation of existing law.


title: RCW 36.900.020

text:
Title headings, chapter headings, and section or subsection headings, as used in this title do not constitute any part of the law.
[ 1963 c 4 s 36.98.020. Formerly RCW 36.98.020.]

catchline: Title, chapter, section headings not part of law.


title: RCW 36.900.030

text:
If any provision of this title, or its application to any person or circumstance is held invalid, the remainder of the title, or the application of the provision to other persons or circumstances is not affected.
[ 1963 c 4 s 36.98.030. Formerly RCW 36.98.030.]
Notes:
Severability—1967 ex.s. c 144: "If any provision of this 1967 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances, shall not be affected." [ 1967 ex.s. c 144 s 21.]

catchline: Invalidity of part of title not to affect remainder.


title: RCW 36.900.040

text: See 1963 c 4 s 36.98.040.

catchline: Repeals and saving.


title: RCW 36.92.010

text:
The purpose of this chapter is to provide county officials of each county with a modern approach to the common problems encountered by said officers in accounting, recordkeeping, and problem solving, thereby effectuating economies in county government.
It is further the intent of this chapter that the constitutional autonomy of the various county officers be preserved while providing such officials with a centralized department to perform ministerial functions for them on the most modern and efficient machines available.
[ 1967 ex.s. c 103 s 2.]

catchline: Purpose.


title: RCW 36.92.020

text:
As used in this chapter, the following words shall have the meanings ascribed herein:
(1) "Services department" shall mean the county central services department, established in accordance with the provisions of this chapter.
(2) "Board" shall mean the board of county commissioners.
(3) "Automatic data processing" or "ADP" shall mean that method of processing information using mechanical or electronic machines, guided by predetermined instructions to produce information in usable form, and shall include but not be limited to electronic accounting machines, electronic data processing machines, and computers.
(4) "Electronic accounting machines" or "EAM" shall mean that method of ADP utilizing punch cards or unit record equipment.
(5) "Electronic data processing" or "EDP" shall include that system which comprises a combination of equipment or unites to provide input of source data, storage and processing of data and output in predetermined form, including a central processing unit (CPU) or main frame.
(6) "Computer" shall mean any device that is capable of solving problems and supplying results by accepting data and performing prescribed operations. It shall include analog or digital, general purpose or special purpose computers.
(7) "Copy" or "micro-copy" shall mean photographic, photostatic, photomechanical or other copy process.
It is the intent of this chapter that the definitions contained in subsections (3) through (7) of this section shall be construed in the broadest possible interpretation in order that new and modern equipment and methods as they become available shall be included therein.
[ 1967 ex.s. c 103 s 3.]

catchline: Definitions.


title: RCW 36.92.030

text:
By resolution, the board of county commissioners may create a county central services department which shall be organized and function as any other department of the county. When a board creates a central services department, it shall also provide for the appointment of a supervisor to be the administrative head of such department, subject to the supervision and control of the board, and to serve at the pleasure of the board. The supervisor shall receive such salary as may be prescribed by the board. In addition, the supervisor shall be reimbursed for traveling and other actual and necessary expenses incurred by him or her in the performance of his or her official duties.
[ 2009 c 549 s 4150; 1967 ex.s. c 103 s 4.]

catchline: County central services department—Created—Supervisor.


title: RCW 36.92.040

text:
When a central services department is created, the board shall establish a central services fund for the payment of all costs of conducting those services for which such department was organized and annually budget therefor. It may make transfers into the central services fund from the current expense fund and receive funds for such purposes from other departments and recipients of such services.
[ 1967 ex.s. c 103 s 5.]

catchline: Central services fund.


title: RCW 36.92.050

text:
Services departments created pursuant to this chapter shall initially draw a comprehensive data processing use plan. It shall establish levels of service to be performed by the department and shall establish levels of service required by using agencies. Before proceeding with purchase, lease or acquisition of the data processing equipment, the comprehensive data processing use plan shall be adopted by the board.
When established by the board, the services department may perform the service functions relating to accounting, recordkeeping, and micro-copy by the utilization of automatic data processing and micro-copy equipment.
In relation to said equipment the services department shall perform any ministerial services authorized by the board and requested by the various officers and departments of the county. In this connection, it is the intent of this chapter that the services department be authorized to utilize such equipment to the highest degree consistent with the purposes of this chapter and not inconsistent with constitutional powers and duties of such officers.
The services department is also authorized to utilize such equipment for the purpose of problem solving when such problem solving is of a ministerial rather than a discretionary nature.
[ 1967 ex.s. c 103 s 6.]

catchline: Comprehensive data processing use plan—Utilization of equipment.


title: RCW 36.92.060

text:
The supervisor shall have the authority to appoint, subject to the approval of the board, such clerical and other assistants as may be required and authorized for the proper discharge of the functions of the services department.
[ 1967 ex.s. c 103 s 7.]

catchline: Appointment of assistants.


title: RCW 36.92.070

text:
The board of county commissioners shall fix the terms and charges for services rendered by the central services department pursuant to this chapter, which amounts shall be credited as income to the appropriate account within the central services fund and charged on a monthly basis against the account of the recipient for whom such services were performed. Moneys derived from the activities of the central services department shall be disbursed from the central services fund by the county treasurer by warrants on vouchers duly authorized by the board.
[ 1967 ex.s. c 103 s 8.]

catchline: Charges for services—Duties of county treasurer.


title: RCW 36.92.080

text:
When a board of county commissioners creates a central services department pursuant to RCW 36.92.030, the ministerial services to be performed by such department in connection with automatic data processing shall not thereafter be performed by any other officer or employee of said county.
[ 1967 ex.s. c 103 s 9.]

catchline: Services limited to department.


title: RCW 36.93.010

text:
The legislature finds that in metropolitan areas of this state, experiencing heavy population growth, increased problems arise from rapid proliferation of municipalities and haphazard extension of and competition to extend municipal boundaries. These problems affect adversely the quality and quantity and cost of municipal services furnished, the financial integrity of certain municipalities, the consistency of local regulations, and many other incidents of local government. Further, the competition among municipalities for unincorporated territory and the disorganizing effect thereof on land use, the preservation of property values and the desired objective of a consistent comprehensive land use plan for populated areas, makes it appropriate that the legislature provide a method of guiding and controlling the creation and growth of municipalities in metropolitan areas so that such problems may be avoided and that residents and businesses in those areas may rely on the logical growth of local government affecting them.
[ 1967 c 189 s 1.]


title: RCW 36.93.020

text:
As used herein:
(1) "Governmental unit" means any incorporated city or town, metropolitan municipal corporation, or any special purpose district as defined in this section.
(2) "Special purpose district" means any water-sewer district, fire protection district, drainage improvement district, drainage and diking improvement district, flood control zone district, irrigation district, metropolitan park district, drainage district, or public utility district engaged in water distribution.
(3) "Board" means a boundary review board created by or pursuant to this chapter.
[ 1999 c 153 s 44; 1979 ex.s. c 30 s 5; 1967 c 189 s 2.]
Notes:
Part headings not law—1999 c 153: See note following RCW 57.04.050.


title: RCW 36.93.030

text:
(1) There is hereby created and established in each county with a population of two hundred ten thousand or more a board to be known and designated as a "boundary review board".
(2) A boundary review board may be created and established in any other county in the following manner:
(a) The county legislative authority may, by majority vote, adopt a resolution establishing a boundary review board; or
(b) A petition seeking establishment of a boundary review board signed by qualified electors residing in the county equal in number to at least five percent of the votes cast in the county at the last county general election may be filed with the county auditor.
Upon the filing of such a petition, the county auditor shall examine the same and certify to the sufficiency of the signatures thereon. No person may withdraw his or her name from a petition after it has been filed with the auditor. Within thirty days after the filing of such petition, the county auditor shall transmit the same to the county legislative authority, together with his or her certificate of sufficiency.
After receipt of a valid petition for the establishment of a boundary review board, the county legislative authority shall submit the question of whether a boundary review board should be established to the electorate at the next primary or general election according to RCW 29A.04.321. Notice of the election shall be given as provided in RCW 29A.52.355 and shall include a clear statement of the proposal to be submitted.
If a majority of the persons voting on the proposition shall vote in favor of the establishment of the boundary review board, such board shall thereupon be deemed established.
[ 2011 c 10 s 80; 2006 c 344 s 28; 1991 c 363 s 91; 1969 ex.s. c 111 s 1; 1967 c 189 s 3.]
Notes:
Notice to registered poll voters—Elections by mail—2011 c 10: See note following RCW 29A.04.008.
Effective date—2006 c 344 ss 1-16 and 18-40: See note following RCW 29A.04.311.
Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180.

catchline: Creation of boundary review boards in counties with populations of two hundred ten thousand or more—Creation in other counties.


title: RCW 36.93.040

text:
For the purposes of this chapter, each county with a population of less than two hundred ten thousand shall be deemed to have established a boundary review board on and after the date a proposition for establishing the same has been approved at an election as provided for in RCW 36.93.030, or on and after the date of adoption of a resolution of the county legislative authority establishing the same as provided for in RCW 36.93.030.
[ 1991 c 363 s 92; 1967 c 189 s 4.]
Notes:
Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180.

catchline: Dates upon which boards in counties with populations of less than two hundred ten thousand deemed established.


title: RCW 36.93.051

text:
The boundary review board in each county with a population of one million or more shall consist of eleven members chosen as follows:
(1) Four persons shall be appointed by the county appointing authority;
(2) Four persons shall be appointed by the mayors of the cities and towns located within the county; and
(3) Three persons shall be appointed by the board from nominees of special districts in the county.
The governor shall designate one initial appointee to serve a term of two years, and two initial appointees to serve terms of four years, if the appointments are made in an odd-numbered year, or one initial appointee to serve a term of one year, and two initial appointees to serve terms of three years, if the appointments are made in an even-numbered year, with the length of the term being calculated from the first day of February in the year the appointment was made.
The county appointing authority shall designate one of its initial appointees to serve a term of two years, and two of its initial appointees to serve terms of four years, if the appointments are made in an odd-numbered year, or one of its initial appointees to serve a term of one year, and two of its initial appointees to serve terms of three years, if the appointments are made in an even-numbered year, with the length of the term being calculated from the first day of February in the year the appointment was made.
The mayors making the initial city and town appointments shall designate two of their initial appointees to serve terms of two years, and one of their initial appointees to serve a term of four years, if the appointments are made in an odd-numbered year, or two of their initial appointees to serve terms of one year, and one of their initial appointees to serve a term of three years, if the appointments are made in an even-numbered year, with the length of the term being calculated from the first day of February in the year the appointment was made.
The board shall make two initial appointments from the nominees of special districts, with one appointee serving a term of four years and one initial appointee serving a term of two years, if the appointments are made in an odd-numbered year, or one initial appointee serving a term of three years and one initial appointee serving a term of one year if the appointments are made in an even-numbered year, with the length of the term being calculated from the first day of March in the year in which the appointment is made.
After the initial appointments, all appointees shall serve four-year terms.
No appointee may be an official or employee of the county or a governmental unit in the county, or a consultant or advisor on a contractual or regular retained basis of the county, any governmental unit in the county, or any agency or association thereof.
[ 2011 1st sp.s. c 21 s 23; 1991 c 363 s 93; 1989 c 84 s 17.]
Notes:
Effective date—2011 1st sp.s. c 21: See note following RCW 72.23.025.
Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180.


title: RCW 36.93.061

text:
The boundary review board in each county with a population of less than one million shall consist of five members chosen as follows:
(1) Two persons shall be appointed by the governor;
(2) One person shall be appointed by the county appointing authority;
(3) One person shall be appointed by the mayors of the cities and towns located within the county; and
(4) One person shall be appointed by the board from nominees of special districts in the county.
The governor shall designate one initial appointee to serve a term of two years, and one initial appointee to serve a term of four years, if the appointments are made in an odd-numbered year, or one initial appointee to serve a term of one year, and one initial appointee to serve a term of three years, if the appointments are made in an even-numbered year, with the length of a term being calculated from the first day of February in the year that the appointment was made.
The initial appointee of the county appointing authority shall serve a term of two years, if the appointment is made in an odd-numbered year, or a term of one year, if the appointment is made in an even-numbered year. The initial appointee by the mayors shall serve a term of four years, if the appointment is made in an odd-numbered year, or a term of three years, if the appointment is made in an even-numbered year. The length of the term shall be calculated from the first day in February in the year the appointment was made.
The board shall make one initial appointment from the nominees of special districts to serve a term of two years if the appointment is made in an odd-numbered year, or a term of one year if the appointment is made in an even-numbered year, with the length of the term being calculated from the first day of March in the year in which the appointment is made.
After the initial appointments, all appointees shall serve four-year terms.
No appointee may be an official or employee of the county or a governmental unit in the county, or a consultant or advisor on a contractual or regular retained basis of the county, any governmental unit in the county, or any agency or association thereof.
[ 1991 c 363 s 94; 1989 c 84 s 18.]
Notes:
Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180.

catchline: Boards in counties with populations of less than one million—Members—Terms—Qualifications.


title: RCW 36.93.063

text:
The executive of the county shall make the appointments under RCW 36.93.051 and 36.93.061 for the county, if one exists, or otherwise the county legislative authority shall make the appointments for the county.
The mayors of all cities and towns in the county shall meet on or before the last day of January in each odd-numbered year to make such appointments for terms to commence on the first day of February in that year. The date of the meeting shall be called by the mayor of the largest city or town in the county, and the mayor of the largest city or town in the county who attends the meeting shall preside over the meeting. Selection of each appointee shall be by simple majority vote of those mayors who attend the meeting.
Any special district in the county may nominate a person to be appointed to the board on or before the last day of January in each odd-numbered year that the term for this position expires. The board shall make its appointment of a nominee or nominees from the special districts during the month of February following the date by which such nominations are required to be made.
The county appointing authority and the mayors of cities and towns within the county shall make their initial appointments for newly created boards within sixty days of the creation of the board or shall make sufficient additional appointments to increase a five-member board to an eleven-member board within sixty days of the date the county obtains a population of one million or more. The board shall make its initial appointment or appointments of board members from the nominees of special districts located within the county within ninety days of the creation of the board or shall make an additional appointment of a board member from the nominees of special districts located within the county within ninety days of the date the county obtains a population of one million or more.
The term of office for all appointees other than the appointee from the special districts shall commence on the first day of February in the year in which the term is to commence. The term of office for the appointee from nominees of special districts shall commence on the first day of March in the year in which the term is to commence.
Vacancies on the board shall be filled by appointment of a person to serve the remainder of the term in the same manner that the person whose position is vacant was filled.
[ 1991 c 363 s 95; 1989 c 84 s 19.]
Notes:
Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180.

catchline: Selection of board members—Procedure—Commencement of term—Vacancies.


title: RCW 36.93.067

text:
Whenever appointments under RCW 36.93.051 through * 36.93.065 have not been made by the appointing authority, the size of the board shall be considered to be reduced by one member for each position that remains vacant or unappointed.
[ 1989 c 84 s 21.]
Notes:
*Reviser's note: RCW 36.93.065 was repealed by 1999 c 124 s 1.

catchline: Effect of failure to make appointment.


title: RCW 36.93.070

text:
The members of each boundary review board shall elect from its members a chair, vice chair, and shall employ a nonmember as chief clerk, who shall be the secretary of the board. The board shall determine its own rules and order of business and shall provide by resolution for the time and manner of holding all regular or special meetings: PROVIDED, That all meetings shall be subject to chapter 42.30 RCW. The board shall keep a journal of its proceedings which shall be a public record. A majority of all the members shall constitute a quorum for the transaction of business.
The chief clerk of the board shall have the power to administer oaths and affirmations, certify to all official acts, issue subpoenas to any public officer or employee ordering him or her to testify before the board and produce public records, papers, books or documents. The chief clerk may invoke the aid of any court of competent jurisdiction to carry out such powers.
The board by rule may provide for hearings by panels of members consisting of not less than five board members, the number of hearing panels and members thereof, and for the impartial selection of panel members. A majority of a panel shall constitute a quorum thereof.
At the request of the board, the state attorney general, or at the board's option, the county prosecuting attorney, shall provide counsel for the board.
The planning departments of the county, other counties, and any city, and any state or regional planning agency shall furnish such information to the board at its request as may be reasonably necessary for the performance of its duties.
Each member of the board shall be compensated from the county current expense fund at the rate of fifty dollars per day, or a major portion thereof, for time actually devoted to the work of the boundary review board. Each board of county commissioners shall provide such funds as shall be necessary to pay the salaries of the members and staff, and such other expenses as shall be reasonably necessary.
[ 2009 c 549 s 4151; 1997 c 77 s 1; 1987 c 477 s 1; 1967 c 189 s 7.]

catchline: Chair, vice chair, chief clerk—Powers and duties of board and chief clerk—Meetings—Hearings—Counsel—Compensation.


title: RCW 36.93.080

text:
Expenditures by the board shall be subject to the provisions of chapter 36.40 RCW and other statutes relating to expenditures by counties. The department of commerce shall on a quarterly basis remit to each county one-half of the actual costs incurred by the county for the operation of the boundary review board within individual counties as provided for in this chapter. However, in the event no funds are appropriated to the said agency for this purpose, this shall not in any way affect the operation of the boundary review board.
[ 2023 c 470 s 2022; 1995 c 399 s 44; 1985 c 6 s 7; 1969 ex.s. c 111 s 4; 1967 c 189 s 8.]
Notes:
Explanatory statement—2023 c 470: See note following RCW 10.99.030.

catchline: Expenditures—Remittance of costs to counties.


title: RCW 36.93.090

text:
Whenever any of the following described actions are proposed in a county in which a board has been established, the initiators of the action shall file within one hundred eighty days a notice of intention with the board: PROVIDED, That when the initiator is the legislative body of a governmental unit, the notice of intention may be filed immediately following the body's first acceptance or approval of the action. The board may review any such proposed actions pertaining to:
(1) The: (a) Creation, incorporation, or change in the boundary, other than a consolidation, of any city, town, or special purpose district; (b) consolidation of special purpose districts, but not including consolidation of cities and towns; or (c) dissolution or disincorporation of any city, town, or special purpose district, except that a board may not review the dissolution or disincorporation of a special purpose district which was dissolved or disincorporated pursuant to the provisions of chapter 36.96 RCW: PROVIDED, That the change in the boundary of a city or town arising from the annexation of contiguous city or town owned property held for a public purpose shall be exempted from the requirements of this section; or
(2) The assumption by any city or town of all or part of the assets, facilities, or indebtedness of a special purpose district which lies partially within such city or town; or
(3) The establishment of or change in the boundaries of a mutual water and sewer system or separate sewer system by a water-sewer district pursuant to RCW 57.08.065; or
(4) The extension of permanent water or sewer service outside of its existing service area by a city, town, or special purpose district. The service area of a city, town, or special purpose district shall include all of the area within its corporate boundaries plus, (a) for extensions of water service, the area outside of the corporate boundaries which it is designated to serve pursuant to a coordinated water system plan approved in accordance with RCW 70A.100.050; and (b) for extensions of sewer service, the area outside of the corporate boundaries which it is designated to serve pursuant to a comprehensive sewerage plan approved in accordance with chapter 36.94 RCW and RCW 90.48.110.
[ 2020 c 20 s 1028; 1996 c 230 s 1608; 1995 c 131 s 1; 1987 c 477 s 2; 1985 c 281 s 28; 1982 c 10 s 7. Prior: 1981 c 332 s 9; 1981 c 45 s 2; 1979 ex.s. c 5 s 12; 1971 ex.s. c 127 s 1; 1969 ex.s. c 111 s 5; 1967 c 189 s 9.]
Notes:
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.
Effective date—1995 c 131: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [April 24, 1995]." [ 1995 c 131 s 2.]
Severability—1982 c 10: See note following RCW 6.13.080.
Legislative declaration—"District" defined—1981 c 45: "It is declared to be the public policy of the state of Washington to provide for the orderly growth and development of those areas of the state requiring public water service or sewer service and to secure the health and welfare of the people residing therein. The growth of urban population and the movement of people into suburban areas has required the performance of such services by water districts and sewer districts and the development of such districts has created problems of conflicting jurisdiction and potential double taxation.
It is the purpose of this act to reduce the duplication of service and the conflict among jurisdictions by establishing the principle that the first in time is the first in right where districts overlap and by encouraging the consolidation of districts. It is also the purpose of this act to prevent the imposition of double taxation upon the same property by establishing a general classification of property which will be exempt from property taxation by a district when such property is within the jurisdiction of an established district duly authorized to provide service of like character.
Unless the context clearly requires otherwise, as used in this act, the term "district" means either a water district organized under Title 57 RCW or a sewer district organized under Title 56 RCW or a merged water and sewer district organized pursuant to chapter 57.40 or 56.36 RCW." [ 1981 c 45 s 1.]
Severability—1981 c 45: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1981 c 45 s 14.]
Consolidation of cities and towns—Role of boundary review board: RCW 35.10.450.

catchline: Filing notice of proposed actions with board.


title: RCW 36.93.093

text:
Whenever a water-sewer district files with the board a notice of intention as required by RCW 36.93.090, the board shall send a copy of such notice of intention to the legislative authority of the county wherein such action is proposed to be taken and one copy to the state department of ecology.
[ 1999 c 153 s 45; 1971 ex.s. c 127 s 2.]
Notes:
Part headings not law—1999 c 153: See note following RCW 57.04.050.

catchline: Copy of notice of intention by water-sewer district to be sent officials.


title: RCW 36.93.100

text:
The board shall review and approve, disapprove, or modify any of the actions set forth in RCW 36.93.090 when any of the following shall occur within 45 days of the effective filing date of a notice of intention:
(1) Three members of a five-member boundary review board or five members of a boundary review board in a county with a population of one million or more files a request for review: PROVIDED, That the members of the boundary review board shall not be authorized to file a request for review of the following actions:
(a) The incorporation of any special district or change in the boundary of any city, town, or special purpose district;
(b) The extension of permanent water service outside of its existing corporate boundaries by a city, town, or special purpose district if (i) the extension is through the installation of water mains of six inches or less in diameter or (ii) the county legislative authority for the county in which the proposed extension is to be built is required or chooses to plan under RCW 36.70A.040 and has by a majority vote waived the authority of the board to initiate review of all other extensions; or
(c) The extension of permanent sewer service outside of its existing corporate boundaries by a city, town, or special purpose district if (i) the extension is through the installation of sewer mains of eight inches or less in diameter or (ii) the county legislative authority for the county in which the proposed extension is to be built is required or chooses to plan under RCW 36.70A.040 and has by a majority vote waived the authority of the board to initiate review of all other extensions;
(2) Any governmental unit affected, including the governmental unit for which the boundary change or extension of permanent water or sewer service is proposed, or the county within which the area of the proposed action is located, files a request for review of the specific action;
(3) A petition requesting review is filed and is signed by:
(a) Five percent of the registered voters residing within the area which is being considered for the proposed action (as determined by the boundary review board in its discretion subject to immediate review by writ of certiorari to the superior court); or
(b) An owner or owners of property consisting of five percent of the assessed valuation within such area;
(4) The majority of the members of boundary review boards concur with a request for review when a petition requesting the review is filed by five percent of the registered voters who deem themselves affected by the action and reside within one-quarter mile of the proposed action but not within the jurisdiction proposing the action.
If a period of 45 days shall elapse without the board's jurisdiction having been invoked as set forth in this section, the proposed action shall be deemed approved.
If a review of a proposal is requested, the board shall make a finding as prescribed in RCW 36.93.150 within 120 days after the filing of such a request for review. If this period of 120 days shall elapse without the board making a finding as prescribed in RCW 36.93.150, the proposal shall be deemed approved unless the board and the person who submitted the proposal agree to an extension of the 120-day period.
[ 2025 c 39 s 2; 1994 c 216 s 13; 1992 c 162 s 1; 1991 c 363 s 96; 1989 c 84 s 3; 1987 c 477 s 3; 1983 c 76 s 1; 1982 c 220 s 1; 1967 c 189 s 10.]
Notes:
Effective date—1994 c 216: See note following RCW 35.02.015.
Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180.
Severability—1982 c 220: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1982 c 220 s 9.]

catchline: Review of proposed actions by board—Procedure.


title: RCW 36.93.105

text:
The following actions shall not be subject to potential review by a boundary review board:
(1) Annexations of territory to a water-sewer district pursuant to RCW 36.94.410 through 36.94.440;
(2) Revisions of city or town boundaries pursuant to RCW 35.21.790 or 35A.21.210;
(3) Adjustments to city or town boundaries pursuant to RCW 35.13.340; and
(4) Adjustments to city and town boundaries pursuant to RCW 35.13.300 through 35.13.330.
[ 1999 c 153 s 46; 1989 c 84 s 4; 1984 c 147 s 5.]
Notes:
Part headings not law—1999 c 153: See note following RCW 57.04.050.

catchline: Actions not subject to review by board.


title: RCW 36.93.110

text:
Where an area proposed for annexation is less than ten acres and less than two million dollars in assessed valuation, the chair of the review board may by written statement declare that review by the board is not necessary for the protection of the interest of the various parties, in which case the board shall not review such annexation.
[ 2009 c 549 s 4152; 1987 c 477 s 4; 1973 1st ex.s. c 195 s 42; 1967 c 189 s 11.]
Notes:
Severability—Effective dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.

catchline: When review not necessary.


title: RCW 36.93.116

text:
A boundary review board may simultaneously consider the proposed incorporation of a city or town, and the proposed annexation of a portion of the territory included in the proposed incorporation, if the resolution or petition initiating the annexation is adopted or filed ninety or fewer days after the petition proposing the incorporation was filed.
[ 1994 c 216 s 9.]
Notes:
Effective date—1994 c 216: See note following RCW 35.02.015.

catchline: Simultaneous consideration of incorporation and annexation of territory.


title: RCW 36.93.120

text:
A fee of fifty dollars shall be paid by all initiators and in addition if the jurisdiction of the review board is invoked pursuant to RCW 36.93.100, the person or entity seeking review, except for the boundary review board itself, shall pay to the county treasurer and place in the county current expense fund the fee of two hundred dollars.
[ 1987 c 477 s 5; 1969 ex.s. c 111 s 6; 1967 c 189 s 12.]

catchline: Fees.


title: RCW 36.93.130

text:
The notice of intention shall contain the following information:
(1) The nature of the action sought;
(2) A brief statement of the reasons for the proposed action;
(3) The legal description of the boundaries proposed to be created, abolished or changed by such action: PROVIDED, That the legal description may be altered, with concurrence of the initiators of the proposed action, if a person designated by the county legislative authority as one who has expertise in legal descriptions makes a determination that the legal description is erroneous; and
(4) A county assessor's map on which the boundaries proposed to be created, abolished or changed by such action are designated: PROVIDED, That at the discretion of the boundary review board a map other than the county assessor's map may be accepted.
[ 1987 c 477 s 6; 1969 ex.s. c 111 s 7; 1967 c 189 s 13.]

catchline: Notice of intention—Contents.


title: RCW 36.93.140

text:
Actions described in RCW 36.93.090 which are pending July 1, 1967, or actions in counties with populations of less than two hundred ten thousand which are pending on the date of the creation of a boundary review board therein, shall not be affected by the provisions of this chapter. Actions shall be deemed pending on and after the filing of sufficient petitions initiating the same with the appropriate public officer, or the performance of an official act initiating the same.
[ 1991 c 363 s 97; 1967 c 189 s 14.]
Notes:
Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180.

catchline: Pending actions not affected.


title: RCW 36.93.150

text:
The board, upon review of any proposed action, shall take such of the following actions as it deems necessary to best carry out the intent of this chapter:
(1) Approve the proposal as submitted.
(2) Subject to RCW 35.02.170, modify the proposal by adjusting boundaries to add or delete territory. Subject to the requirements of this chapter, a board may modify a proposal by adding territory that would increase the total area of the proposal before the board. A board, however, may not modify a proposal for annexation of territory to a city or town by adding an amount of territory that constitutes more than one hundred percent of the total area of the proposal before the board. Any modifications shall not interfere with the authority of a city, town, or special purpose district to require or not require preannexation agreements, covenants, or petitions. A board shall not modify the proposed incorporation of a city with an estimated population of seven thousand five hundred or more by removing territory from the proposal, or adding territory to the proposal, that constitutes ten percent or more of the total area included within the proposal before the board. However, a board shall remove territory in the proposed incorporation that is located outside of an urban growth area or is annexed by a city or town, and may remove territory in the proposed incorporation if a petition or resolution proposing the annexation is filed or adopted that has priority over the proposed incorporation, before the area is established that is subject to this ten percent restriction on removing or adding territory. A board shall not modify the proposed incorporation of a city with a population of seven thousand five hundred or more to reduce the territory in such a manner as to reduce the population below seven thousand five hundred.
(3) Determine a division of assets and liabilities between two or more governmental units where relevant.
(4) Determine whether, or the extent to which, functions of a special purpose district are to be assumed by an incorporated city or town, metropolitan municipal corporation, or another existing special purpose district.
(5) Disapprove the proposal except that the board shall not have jurisdiction: (a) To disapprove the dissolution or disincorporation of a special purpose district which is not providing services but shall have jurisdiction over the determination of a division of the assets and liabilities of a dissolved or disincorporated special purpose district; (b) over the division of assets and liabilities of a special purpose district that is dissolved or disincorporated pursuant to chapter 36.96 RCW; nor (c) to disapprove the incorporation of a city with an estimated population of seven thousand five hundred or more, but the board may recommend against the proposed incorporation of a city with such an estimated population.
Unless the board disapproves a proposal, it shall be presented under the appropriate statute for approval of a public body and, if required, a vote of the people. A proposal that has been modified shall be presented under the appropriate statute for approval of a public body and if required, a vote of the people. If a proposal, other than that for a city, town, or special purpose district annexation, after modification does not contain enough signatures of persons within the modified area, as are required by law, then the initiating party, parties or governmental unit has thirty days after the modification decision to secure enough signatures to satisfy the legal requirement. If the signatures cannot be secured then the proposal may be submitted to a vote of the people, as required by law.
The addition or deletion of property by the board shall not invalidate a petition which had previously satisfied the sufficiency of signature provisions of RCW 35.13.130 or 35A.14.120. When the board, after due proceedings held, disapproves a proposed action, such proposed action shall be unavailable, the proposing agency shall be without power to initiate the same or substantially the same as determined by the board, and any succeeding acts intended to or tending to effectuate that action shall be void, but such action may be reinitiated after a period of twelve months from date of disapproval and shall again be subject to the same consideration.
The board shall not modify or deny a proposed action unless there is evidence on the record to support a conclusion that the action is inconsistent with one or more of the objectives under RCW 36.93.180. The board may not increase the area of a city or town annexation unless it holds a separate public hearing on the proposed increase and provides ten or more days' notice of the hearing to the registered voters and property owners residing within the area subject to the proposed increase. Every such determination to modify or deny a proposed action shall be made in writing pursuant to a motion, and shall be supported by appropriate written findings and conclusions, based on the record.
[ 2012 c 212 s 1; 1994 c 216 s 15; 1990 c 273 s 1; 1987 c 477 s 7; 1979 ex.s. c 5 s 13; 1975 1st ex.s. c 220 s 10; 1969 ex.s. c 111 s 8; 1967 c 189 s 15.]
Notes:
Effective date—1994 c 216: See note following RCW 35.02.015.
Severability—1990 c 273: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1990 c 273 s 3.]
Legislative finding, intent—1975 1st ex.s. c 220: See note following RCW 35.02.170.

catchline: Review of proposed actions—Actions and determinations of board—Disapproval, effect.


title: RCW 36.93.153

text:
The proposed incorporation of any city or town that includes territory located in a county in which a boundary review board exists shall be reviewed by the boundary review board and action taken as described under RCW 36.93.150.
[ 1994 c 216 s 10.]
Notes:
Effective date—1994 c 216: See note following RCW 35.02.015.

catchline: Review of proposed incorporation in county with boundary review board.


title: RCW 36.93.155

text:
Boundary review board approval, or modification and approval, of a proposed annexation by a city, town, or special purpose district shall authorize annexation as approved and shall not authorize any other annexation action.
[ 1989 c 84 s 16.]

catchline: Annexation approval—Other action not authorized.


title: RCW 36.93.157

text:
The decisions of a boundary review board located in a county that is required or chooses to plan under RCW 36.70A.040 must be consistent with RCW 36.70A.020, 36.70A.110, and 36.70A.210.
[ 1992 c 162 s 2.]

catchline: Decisions to be consistent with growth management act.


title: RCW 36.93.160

text:
(1) When the jurisdiction of the boundary review board has been invoked, the board shall set the date, time and place for a public hearing on the proposal. The board shall give at least thirty days' advance written notice of the date, time and place of the hearing to the governing body of each governmental unit having jurisdiction within the boundaries of the territory proposed to be annexed, formed, incorporated, disincorporated, dissolved or consolidated, or within the boundaries of a special district whose assets and facilities are proposed to be assumed by a city or town, and to the governing body of each city within three miles of the exterior boundaries of the area and to the proponent of the change. Notice shall also be given by publication in any newspaper of general circulation in the area of the proposed boundary change at least three times, the last publication of which shall be not less than five days prior to the date set for the public hearing. Notice shall also be posted in ten public places in the area affected for five days when the area is ten acres or more. When the area affected is less than ten acres, five notices shall be posted in five public places for five days. Notice as provided in this subsection shall include any territory which the board has determined to consider adding in accordance with RCW 36.93.150(2).
(2) A verbatim record shall be made of all testimony presented at the hearing and upon request and payment of the reasonable costs thereof, a copy of the transcript of the testimony shall be provided to any person or governmental unit.
(3) The chair upon majority vote of the board or a panel may direct the chief clerk of the boundary review board to issue subpoenas to any public officer to testify, and to compel the production by him or her of any records, books, documents, public records or public papers.
(4) Within forty days after the conclusion of the final hearing on the proposal, the board shall file its written decision, setting forth the reasons therefor, with the board of county commissioners and the clerk of each governmental unit directly affected. The written decision shall indicate whether the proposed change is approved, rejected or modified and, if modified, the terms of the modification. The written decision need not include specific data on every factor required to be considered by the board, but shall indicate that all standards were given consideration. Dissenting members of the board shall have the right to have their written dissents included as part of the decision.
(5) Unanimous decisions of the hearing panel or a decision of a majority of the members of the board shall constitute the decision of the board and shall not be appealable to the whole board. Any other decision shall be appealable to the entire board within ten days. Appeals shall be on the record, which shall be furnished by the appellant, but the board may, in its sole discretion, permit the introduction of additional evidence and argument. Decisions shall be final and conclusive unless within thirty days from the date of the action a governmental unit affected by the decision or any person owning real property or residing in the area affected by the decision files in the superior court a notice of appeal.
The filing of the notice of appeal within the time limit shall stay the effective date of the decision of the board until such time as the appeal shall have been adjudicated or withdrawn. On appeal the superior court shall not take any evidence other than that contained in the record of the hearing before the board.
(6) The superior court may affirm the decision of the board or remand the case for further proceedings; or it may reverse the decision if any substantial rights may have been prejudiced because the administrative findings, inferences, conclusions, or decisions are:
(a) In violation of constitutional provisions, or
(b) In excess of the statutory authority or jurisdiction of the board, or
(c) Made upon unlawful procedure, or
(d) Affected by other error of law, or
(e) Unsupported by material and substantial evidence in view of the entire record as submitted, or
(f) Clearly erroneous.
An aggrieved party may seek appellate review of any final judgment of the superior court in the manner provided by law as in other civil cases.
[ 2009 c 549 s 4153; 1994 c 216 s 16; 1988 c 202 s 40; 1987 c 477 s 8; 1971 c 81 s 97; 1969 ex.s. c 111 s 9; 1967 c 189 s 16.]
Notes:
Effective date—1994 c 216: See note following RCW 35.02.015.
Severability—1988 c 202: See note following RCW 2.24.050.
General corporate powers—Towns, restrictions as to area: RCW 35.21.010.

catchline: Hearings—Notice—Record—Subpoenas—Decision of board—Appellate review.


title: RCW 36.93.170

text:
In reaching a decision on a proposal or an alternative, the board shall consider the factors affecting such proposal, which shall include, but not be limited to the following:
(1) Population and territory; population density; land area and land uses; comprehensive plans and zoning, as adopted under chapter 35.63, 35A.63, or 36.70 RCW; comprehensive plans and development regulations adopted under chapter 36.70A RCW; applicable service agreements entered into under chapter 36.115 or 39.34 RCW; applicable interlocal annexation agreements between a county and its cities; per capita assessed valuation; topography, natural boundaries and drainage basins, proximity to other populated areas; the existence and preservation of prime agricultural soils and productive agricultural uses; the likelihood of significant growth in the area and in adjacent incorporated and unincorporated areas during the next ten years; location and most desirable future location of community facilities;
(2) Municipal services; need for municipal services; effect of ordinances, governmental codes, regulations and resolutions on existing uses; present cost and adequacy of governmental services and controls in area; prospects of governmental services from other sources; probable future needs for such services and controls; probable effect of proposal or alternative on cost and adequacy of services and controls in area and adjacent area; the effect on the finances, debt structure, and contractual obligations and rights of all affected governmental units; and
(3) The effect of the proposal or alternative on adjacent areas, on mutual economic and social interests, and on the local governmental structure of the county.
The provisions of chapter 43.21C RCW, State Environmental Policy, shall not apply to incorporation proceedings covered by chapter 35.02 RCW.
[ 1997 c 429 s 39; 1989 c 84 s 5; 1986 c 234 s 33; 1982 c 220 s 2; 1979 ex.s. c 142 s 1; 1967 c 189 s 17.]
Notes:
Severability—1997 c 429: See note following RCW 36.70A.3201.
Severability—1982 c 220: See note following RCW 36.93.100.
Incorporation proceedings exempt from state environmental policy act: RCW 43.21C.220.

catchline: Factors to be considered by board—Incorporation proceedings exempt from state environmental policy act.


title: RCW 36.93.180

text:
The decisions of the boundary review board shall attempt to achieve the following objectives:
(1) Preservation of natural neighborhoods and communities;
(2) Use of physical boundaries, including but not limited to bodies of water, highways, and land contours;
(3) Creation and preservation of logical service areas;
(4) Prevention of abnormally irregular boundaries;
(5) Discouragement of multiple incorporations of small cities and encouragement of incorporation of cities in excess of ten thousand population in heavily populated urban areas;
(6) Dissolution of inactive special purpose districts;
(7) Adjustment of impractical boundaries;
(8) Incorporation as cities or towns or annexation to cities or towns of unincorporated areas which are urban in character; and
(9) Protection of agricultural and rural lands which are designated for long term productive agricultural and resource use by a comprehensive plan adopted by the county legislative authority.
[ 1989 c 84 s 6; 1981 c 332 s 10; 1979 ex.s. c 142 s 2; 1967 c 189 s 18.]

catchline: Objectives of boundary review board.


title: RCW 36.93.185

text:
The proposal by a water-sewer district to annex territory that is not adjacent to the district shall not be deemed to be violative of the objectives of a boundary review board solely due to the fact that the territory is not adjacent to the water-sewer district. The proposed consolidation or merger of two or more water-sewer districts that are not adjacent to each other shall not be deemed to be violative of the objectives of a boundary review board solely due to the fact that the districts are not adjacent.
[ 1999 c 153 s 47; 1989 c 308 s 13.]
Notes:
Part headings not law—1999 c 153: See note following RCW 57.04.050.

catchline: Objectives of boundary review board—Water-sewer district annexations, mergers—Territory not adjacent to district.


title: RCW 36.93.190

text:
For a period of ten years from the date of the final decision, no proceeding, approval, action, or decision on a proposal or an alternative shall be deemed to cancel any franchise or permit theretofore granted by the authorities governing the territory to be annexed, nor shall it be deemed to supersede the application as to any territory to be annexed, of such construction codes and ordinances (including but not limited to fire, electrical, and plumbing codes and ordinances) as shall have been adopted by the authorities governing the territory to be annexed and in force at the time of the decision.
[ 1967 c 189 s 19.]

catchline: Decision of board not to affect existing franchises, permits, codes, ordinances, etc., for ten years.


title: RCW 36.93.200

text:
Each review board shall adopt rules governing the formal and informal procedures prescribed or authorized by this chapter. Such rules may state the qualifications of persons for practice before the board. Such rules shall also include rules of practice before the board, together with forms and instructions.
To assist interested persons dealing with it, each board shall so far as deemed practicable supplement its rules with descriptive statements of its procedures.
Prior to the adoption of any rule authorized by law, or the amendment or repeal thereof, the board shall file notice thereof with the clerk of the court of the county in which the board is located. So far as practicable, the board shall also publish or otherwise circulate notice of its intended action and afford interested persons opportunity to submit data or views either orally or in writing. Such notice shall include (1) a statement of the time, place, and nature of public rule-making proceedings, (2) reference to the authority under which the rule is proposed, and (3) either the terms or substance of the proposed rule or a description of the subjects and issues involved.
This paragraph shall not apply to interpretative rules, general statements of policy, or rules of internal board organization, procedure or practice.
[ 1967 c 189 s 20.]

catchline: Rules and regulations—Adoption procedure.


title: RCW 36.93.210

text:
Each board shall file forthwith with the clerk of the court a certified copy of all rules and regulations adopted. The clerk shall keep a permanent register of such rules open to public inspection.
[ 1967 c 189 s 21.]

catchline: Rules and regulations—Filing—Permanent register.


title: RCW 36.93.220

text:
Whenever a review board has been created pursuant to the terms of this chapter, the provisions of law relating to city annexation review boards set forth in chapter 35.13 RCW and the powers granted to the boards of county commissioners to alter boundaries of proposed annexations or incorporations shall not be applicable.
[ 1967 c 189 s 22.]

catchline: Provisions of prior laws superseded by chapter.


title: RCW 36.93.230

text:
When a county and the cities and towns within the county have adopted a comprehensive plan and consistent development regulations pursuant to the provisions of chapter 36.70A RCW, the county may, at the discretion of the county legislative authority, disband the boundary review board in that county.
[ 1991 sp.s. c 32 s 22.]
Notes:
Section headings not law—1991 sp.s. c 32: See RCW 36.70A.902.

catchline: Power to disband boundary review board.


title: RCW 36.93.235

text:
(1) The effective filing date for a notice of intention is established by the earlier of the date that the chief clerk of the boundary review board determines that the notice of intention is sufficient or the date that the notice of intention is deemed sufficient pursuant to subsection (4) of this section. The chief clerk must make a determination of sufficiency within 30 calendar days of the receipt of the notice and the payment of the applicable filing fee.
(2) A notice of intention is sufficient if the applicable filing fee has been paid, and the information in the notice is accurate and complete and includes:
(a) The information required by RCW 36.93.130;
(b) Any additional information required by a board's rules; and
(c) Exhibits demonstrating that any statutory requirements related to the action for which the notice is being submitted have been completed.
(3) A notice of intention, whether the original notice submission or a resubmission containing corrections, that is found by the chief clerk of the boundary review board to be insufficient shall be returned to the initiator of the action for correction. The chief clerk must review any corrected notice within 14 calendar days of its resubmission to determine whether it is now sufficient or remains insufficient and in need of further correction.
(4) If the chief clerk of the boundary review board does not make a determination of sufficiency or insufficiency within the time periods established by this section, then the notice of intention shall be deemed sufficient.
[ 2025 c 39 s 1.]

catchline: Notice of intention—Effective filing date—Determination of sufficiency.


title: RCW 36.93.800

text:
This chapter does not apply to the merger of irrigation districts authorized under RCW 87.03.530(2) and 87.03.845 through 87.03.855 or to the merger of a drainage improvement district, joint drainage improvement district, or consolidated drainage improvement district into an irrigation district authorized by RCW 87.03.720 through 87.03.745 and 85.08.830 through 85.08.890.
[ 1996 c 313 s 2; 1993 c 235 s 10.]

catchline: Application of chapter to merged special purpose districts.


title: RCW 36.93.900

text:
The effective date of this chapter is July 1, 1967.
[ 1967 c 189 s 24.]

catchline: Effective date—1967 c 189.


title: RCW 36.94.010

text:
As used in this chapter:
(1) A "system of sewerage" means and may include any or all of the following:
(a) Sanitary sewage collection, treatment, and/or disposal facilities and services, including without limitation on-site or off-site sanitary sewerage facilities, large on-site sewage systems defined under RCW 70A.115.010, inspection services and maintenance services for private or public on-site systems, or any other means of sewage treatment and disposal approved by the county;
(b) Combined sanitary sewage disposal and storm or surface water drains and facilities;
(c) Storm or surface water drains, channels, and facilities;
(d) Outfalls for storm drainage or sanitary sewage and works, plants, and facilities for storm drainage or sanitary sewage treatment and disposal, and rights and interests in property relating to the system;
(e) Combined water and sewerage systems;
(f) Point and nonpoint water pollution monitoring programs that are directly related to the sewerage facilities and programs operated by a county;
(g) Public restroom and sanitary facilities;
(h) The facilities and services authorized in RCW 36.94.020; and
(i) Any combination of or part of any or all of such facilities.
(2) A "system of water" means and includes:
(a) A water distribution system, including dams, reservoirs, aqueducts, plants, pumping stations, transmission and lateral distribution lines and other facilities for distribution of water;
(b) A combined water and sewerage system;
(c) Any combination of or any part of any or all of such facilities.
(3) A "sewerage and/or water general plan" means a general plan for a system of sewerage and/or water for the county which shall be an element of the comprehensive plan established by the county pursuant to RCW 36.70.350(6) and/or chapter 35.63 RCW, if there is such a comprehensive plan.
(a) A sewerage general plan shall include the general location and description of treatment and disposal facilities, trunk and interceptor sewers, pumping stations, monitoring and control facilities, channels, local service areas and a general description of the collection system to serve those areas, a description of on-site sanitary sewerage system inspection services and maintenance services, and other facilities and services as may be required to provide a functional and implementable plan, including preliminary engineering to assure feasibility. The plan may also include a description of the regulations deemed appropriate to carrying out surface drainage plans.
(b) A water general plan shall include the general location and description of water resources to be utilized, wells, treatment facilities, transmission lines, storage reservoirs, pumping stations, and monitoring and control facilities as may be required to provide a functional and implementable plan.
(c) Water and/or sewerage general plans shall include preliminary engineering in adequate detail to assure technical feasibility and, to the extent then known, shall further discuss the methods of distributing the cost and expense of the system and shall indicate the economic feasibility of plan implementation. The plans may also specify local or lateral facilities and services. The sewerage and/or water general plan does not mean the final engineering construction or financing plans for the system.
(4) "Municipal corporation" means and includes any city, town, metropolitan municipal corporation, any public utility district which operates and maintains a sewer or water system, any sewer, water, diking, or drainage district, any diking, drainage, and sewerage improvement district, and any irrigation district.
(5) A "private utility" means and includes all utilities, both public and private, which provide sewerage and/or water service and which are not municipal corporations within the definition of this chapter. The ownership of a private utility may be in a corporation, nonprofit or for profit, in a cooperative association, in a mutual organization, or in individuals.
(6) "Board" means one or more boards of county commissioners and/or the legislative authority of a home rule charter county.
[ 2020 c 20 s 1029; 2007 c 343 s 14; 1997 c 447 s 10; 1981 c 313 s 14; 1979 ex.s. c 30 s 6; 1971 ex.s. c 96 s 1; 1967 c 72 s 1.]
Notes:
Finding—Purpose—1997 c 447: See note following RCW 70.05.074.
Severability—1981 c 313: See note following RCW 36.94.020.
Construction—1971 ex.s. c 96: "This 1971 amendatory act shall apply to any existing and future sewerage and/or water plans or amendments thereto and implementations thereof and shall not be deemed to be prospective only." [ 1971 ex.s. c 96 s 12.]
Severability—1971 ex.s. c 96: "If any provision of this 1971 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [ 1971 ex.s. c 96 s 13.]

catchline: Definitions.


title: RCW 36.94.020

text:
The construction, operation, and maintenance of a system of sewerage and/or water is a county purpose. Subject to the provisions of this chapter, every county has the power, individually or in conjunction with another county or counties to adopt, provide for, accept, establish, condemn, purchase, construct, add to, operate, and maintain a system or systems of sanitary and storm sewers, including outfalls, interceptors, plans, and facilities and services necessary for sewerage treatment and disposal, and/or system or systems of water supply within all or a portion of the county. However, counties shall not have power to condemn sewerage and/or water systems of any municipal corporation or private utility.
Such county or counties shall have the authority to control, regulate, operate, and manage such system or systems and to provide funds therefor by general obligation bonds, revenue bonds, local improvement district bonds, utility local improvement district or local improvement district assessments, and in any other lawful fiscal manner. Rates or charges for on-site inspection and maintenance services may not be imposed under this chapter on the development, construction, or reconstruction of property.
Under this chapter, after July 1, 1998, any requirements for pumping the septic tank of an on-site sewage system should be based, among other things, on actual measurement of accumulation of sludge and scum by a trained inspector, trained owner's agent, or trained owner. Training must occur in a program approved by the state board of health or by a local health officer.
Before adopting on-site inspection and maintenance utility services, or incorporating residences into an on-site inspection and maintenance or sewer utility under this chapter, notification must be provided, prior to the applicable public hearing, to all residences within the proposed service area that have on-site systems permitted by the local health officer. The notice must clearly state that the residence is within the proposed service area and must provide information on estimated rates or charges that may be imposed for the service.
A county shall not provide on-site sewage system inspection, pumping services, or other maintenance or repair services under this section using county employees unless the on-site system is connected by a publicly owned collection system to the county's sewerage system, and the on-site system represents the first step in the sewage disposal process. Nothing in this section shall affect the authority of a state or local health officer to carry out their responsibilities under any other applicable law.
A county may, as part of a system of sewerage established under this chapter, provide for, finance, and operate any of the facilities and services and may exercise the powers expressly authorized for county stormwater, flood control, pollution prevention, and drainage services and activities under chapters 36.89, 86.12, 86.13, and 86.15 RCW. A county also may provide for, finance, and operate the facilities and services and may exercise any of the powers authorized for aquifer protection areas under chapter 36.36 RCW; for lake or beach management districts under chapter 36.61 RCW; for diking districts, and diking, drainage, and sewerage improvement districts under chapters 85.05, 85.08, 85.15, 85.16, and 85.18 RCW; and for shellfish protection districts under chapter 90.72 RCW. However, if a county by reference to any of those statutes assumes as part of its system of sewerage any powers granted to such areas or districts and not otherwise available to a county under this chapter, then (1) the procedures and restrictions applicable to those areas or districts apply to the county's exercise of those powers, and (2) the county may not simultaneously impose rates and charges under this chapter and under the statutes authorizing such areas or districts for substantially the same facilities and services, but must instead impose uniform rates and charges consistent with RCW 36.94.140. By agreement with such an area or district that is not part of a county's system of sewerage, a county may operate that area's or district's services or facilities, but a county may not dissolve any existing area or district except in accordance with any applicable provisions of the statute under which that area or district was created.
[ 2008 c 301 s 25; 1997 c 447 s 11; 1981 c 313 s 1; 1967 c 72 s 2.]
Notes:
Finding—Purpose—1997 c 447: See note following RCW 70.05.074.
Severability—1981 c 313: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1981 c 313 s 23.]

catchline: Purpose—Powers.


title: RCW 36.94.030

text:
Whenever the county legislative authority deems it advisable and necessary for the public health and welfare of the inhabitants of the county to establish, purchase, acquire, and construct a system of sewerage and/or water, or make any additions and betterments thereto, or extensions thereof, the board shall adopt a sewerage and/or water general plan for a system of sewerage and/or water for all or a portion of the county as deemed necessary by the board. If the county has adopted a comprehensive plan for a physical development of the county pursuant to chapter 36.70 RCW and/or chapter 35.63 RCW, then the sewerage and/or water general plan shall be adopted as an element of that comprehensive plan pursuant to the applicable statute.
[ 1981 c 313 s 15; 1967 c 72 s 3.]
Notes:
Severability—1981 c 313: See note following RCW 36.94.020.

catchline: Adoption of sewerage and/or water general plan as element of comprehensive plan.


title: RCW 36.94.040

text:
The sewerage and/or water general plan must incorporate the provisions of existing comprehensive plans relating to sewerage and water systems of cities, towns, municipalities, and private utilities, to the extent they have been implemented.
[ 1990 1st ex.s. c 17 s 33; 1967 c 72 s 4.]
Notes:
Severability—Part, section headings not law—1990 1st ex.s. c 17: See RCW 36.70A.900 and 36.70A.901.

catchline: Incorporation of provisions of comprehensive plan in general plan.


title: RCW 36.94.050

text:
Prior to the adoption of or amendment of the sewerage and/or water general plan, the county legislative authority (or authorities) shall submit the plan or amendment to a review committee. The review committee shall consist of:
(1) A representative of each city with a population of ten thousand or more within or adjoining the area selected by the mayor thereof (if there are no such cities within the plan area, then one representative chosen by the mayor of the city with the largest population within the plan area);
(2) One representative chosen at large by a majority vote of the executive officers of the other cities or towns within or adjoining the area;
(3) A representative chosen by the executive officer or the chair of the board, as the case may be, of each of the other municipal corporations and private utilities serving one thousand or more sewer and/or water customers located within the area;
(4) One representative chosen at large by a majority vote of the executive officers and chairs of the boards, as the case may be, of the other remaining municipal corporations within the area;
(5) A representative of each county legislative authority within the planned area, selected by the chair of each board or county executive, as the case may be; and
(6) In counties where there is a metropolitan municipal corporation operating a sewerage and/or water system in the area, the chair of its council or such person as the chair designates.
If the legislative authority rejects the plan pursuant to RCW 36.94.090, the review committee shall be deemed to be dissolved; otherwise the review committee shall continue in existence to review amendments to the plan. Vacancies on the committee shall be filled in the same manner as the original appointment to that position.
Instead of a review committee for each plan area, the county legislative authority or authorities may create a review committee for the entire county or counties, and the review committee shall continue in existence until dissolved by the county legislative authority or authorities.
[ 1994 c 81 s 74; 1981 c 313 s 16; 1971 ex.s. c 96 s 2; 1967 c 72 s 5.]
Notes:
Severability—1981 c 313: See note following RCW 36.94.020.
Construction—Severability—1971 ex.s. c 96: See notes following RCW 36.94.010.

catchline: Review committee—Composition—Submission of plan or amendment to.


title: RCW 36.94.060

text:
The members of each review committee shall elect from its members a chair and a secretary. The committee shall determine its own rules and order of business and shall provide by resolution for the time and manner of its proceedings which shall be a public record. A majority of all the members shall constitute a quorum for the transaction of business.
Each member of the committee shall be compensated from the county current expense fund at the rate of twenty-five dollars per day, or a major portion thereof, for time actually devoted to the work of the committee in reviewing any proposed sewerage and/or water general plan or amendments to a plan. Each board of county commissioners shall provide such funds as shall be necessary to pay the compensation of the members and such other expenses as shall be reasonably necessary. Such payments shall be reimbursed to the counties advancing the funds from moneys acquired from the construction or operation of a sewerage and/or water system.
[ 2009 c 549 s 4154; 1971 ex.s. c 96 s 3; 1967 c 72 s 6.]
Notes:
Construction—Severability—1971 ex.s. c 96: See notes following RCW 36.94.010.

catchline: Review committee—Chair, secretary—Rules—Quorum—Compensation of members.


title: RCW 36.94.070

text:
The committee shall review the sewerage and/or water general plan or amendments thereto and shall report to the board or boards of county commissioners within ninety days their approval or any suggested amendments, deletions, or additions. If the committee shall fail to report within the time, the plan or amendments thereto shall be deemed approved. If the committee submits a report, the board shall consider and review the committee's report and may adopt any recommendations suggested therein.
[ 1971 ex.s. c 96 s 4; 1967 c 72 s 7.]
Notes:
Construction—Severability—1971 ex.s. c 96: See notes following RCW 36.94.010.

catchline: Review committee—Review of plan or amendments thereto—Report.


title: RCW 36.94.080

text:
Before final action thereon the board shall conduct a public hearing on the plan after ten days published notice of hearing is given pursuant to RCW 36.32.120(7). The notice must set out the full official title of the proposed resolution adopting the plan and a statement describing the general intent and purpose of the plan. The notice shall also include the day, hour and place of hearing and must be given by publication in the newspaper in which legal notices of the county are printed. Ten days prior to the hearing, three copies of the sewerage and/or water general plan shall be filed with the clerk of the board. The copies shall be open to public inspection.
[ 1967 c 72 s 8.]

catchline: Hearing by board—Notice—Filing general plan.


title: RCW 36.94.090

text:
At the hearing, the board may adopt the plan, or amend and adopt the plan, or reject any part or all of the plan.
[ 1967 c 72 s 9.]

catchline: Adoption, amendment or rejection of plan.


title: RCW 36.94.100

text:
Prior to the commencement of actual work on any plan or amendment thereto approved by the board, it must be submitted for written approval to the Washington department of social and health services and to the Washington department of ecology.
[ 1971 ex.s. c 96 s 5; 1967 c 72 s 10.]
Notes:
Construction—Severability—1971 ex.s. c 96: See notes following RCW 36.94.010.

catchline: Submission of plan or amendments thereto to certain state departments—Approval.


title: RCW 36.94.110

text:
After adoption of the sewerage and/or water general plan, all municipal corporations and private utilities within the plan area shall abide by and adhere to the plan for the future development of their systems. A municipal corporation or private utility, including a wastewater company as defined in RCW 80.04.010, may petition for amendments to the plan. Whenever the governing authority of any county or counties or any municipal corporation deems it to be for the public interest to amend the sewerage and/or water general plan for such county or counties, notice must be filed with the board or boards of county commissioners. Upon such notice, the board or boards shall initiate consideration of any amendment requested relating to the plan and proceed as provided in this chapter for the adoption of an original plan.
[ 2011 c 214 s 28; 1967 c 72 s 11.]
Notes:
Findings—Purpose—Limitation of chapter—Effective date—2011 c 214: See notes following RCW 80.04.010.

catchline: Adherence to plan—Procedure for amendment.


title: RCW 36.94.120

text:
The board shall establish a department in county government for the purpose of establishing, operating and maintaining the system or systems of sewerage and/or water. In the department, the board shall establish and provide for the operation and maintenance of a personnel merit system for the employment, classification, promotion, demotion, suspension, transfer, layoff and discharge of its appointive officers and employees, solely on the basis of merit and fitness, without regard to political influence or affiliation. Such merit system shall not apply to the chief administrative officer of the department and, if the sewer and/or water utility is a division of a department having other functions, the chief administrative officer of such utility.
[ 1971 ex.s. c 96 s 6; 1967 c 72 s 12.]
Notes:
Construction—Severability—1971 ex.s. c 96: See notes following RCW 36.94.010.

catchline: Establishment of department for administration of system—Personnel merit system.


title: RCW 36.94.130

text:
The board of county commissioners may adopt by resolution reasonable rules and regulations governing the construction, maintenance, operation, use, connection and service of the system of sewerage and/or water.
[ 1967 c 72 s 13.]

catchline: Adoption of rules and regulations.