title: RCW 35A.63.200

text:
With respect to the National Scenic Area, as defined in the Columbia River Gorge National Scenic Area Act, P.L. 99-663, the exercise of any power or authority by a city pursuant to this chapter shall be subject to and in conformity with the requirements of chapter 43.97 RCW, including the Interstate Compact adopted by RCW 43.97.015, and with the management plan regulations and ordinances adopted by the Columbia River Gorge commission pursuant to the Compact.
[ 1987 c 499 s 7.]

catchline: Conformance with chapter 43.97 RCW required.


doc_type: statute

jurisdiction: wa

title: RCW 35A.63.210

text:
Each municipality that does not provide for the siting of family day care homes in zones or areas that are designated for single-family or other residential uses, and for the siting of mini-day care centers and day care centers in zones or areas that are designated for any residential or commercial uses, shall conduct a review of the need and demand for child care facilities, including the cost of any conditional or special use permit that may be required. The review shall be completed by August 31, 1990. A copy of the findings, conclusions, and recommendations resulting from the review shall be sent to the *department of community development by September 30, 1990.
On or before June 30, 1991, each municipality that plans and zones under this chapter shall have adopted an ordinance or ordinances that are necessary to implement the findings of this review, if the findings indicate that such changes are necessary, or shall notify the *department of community development as to why such implementing ordinances were not adopted.
[ 1989 c 335 s 5.]
Notes:
*Reviser's note: Powers, duties, and functions of the department of community development and the department of trade and economic development were transferred to the department of community, trade, and economic development by 1993 c 280, effective July 1, 1994. The "department of community, trade, and economic development" was renamed the "department of commerce" by 2009 c 565.
Findings—Purpose—Severability—1989 c 335: See notes following RCW 35.63.170.
Definitions for RCW 35A.63.210: See RCW 35.63.170.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Child care facilities—Review of need and demand—Adoption of ordinances.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 35A.63.215

text:
(1) Except as provided in subsections (2) and (3) of this section, no city may enact, enforce, or maintain an ordinance, development regulation, zoning regulation, or official control, policy, or administrative practice that prohibits the use of a residential dwelling, located in an area zoned for residential or commercial use, as a family day-care provider's home facility.
(2) A city may require that the facility: (a) Comply with all building, fire, safety, health code, and business licensing requirements; (b) conform to lot size, building size, setbacks, and lot coverage standards applicable to the zoning district except if the structure is a legal nonconforming structure; (c) is certified by the department of children, youth, and families licensor as providing a safe passenger loading area; (d) include signage, if any, that conforms to applicable regulations; and (e) limit hours of operations to facilitate neighborhood compatibility, while also providing appropriate opportunity for persons who use family day-care and who work a nonstandard work shift.
(3) A city may also require that the family day-care provider, before state licensing, require proof of written notification by the provider that the immediately adjoining property owners have been informed of the intent to locate and maintain such a facility. If a dispute arises between neighbors and the family day-care provider over licensing requirements, the licensor may provide a forum to resolve the dispute.
(4) Nothing in this section shall be construed to prohibit a city from imposing zoning conditions on the establishment and maintenance of a family day-care provider's home in an area zoned for residential or commercial use, so long as such conditions are no more restrictive than conditions imposed on other residential dwellings in the same zone and the establishment of such facilities is not precluded. As used in this section, "family day-care provider" is as defined in RCW 43.216.010.
[ 2018 c 58 s 24; 2007 c 17 s 11; 2003 c 286 s 4; 1995 c 49 s 2; 1994 c 273 s 16.]
Notes:
Effective date—2018 c 58: See note following RCW 28A.655.080.

catchline: Family day-care provider's home facility—City may not prohibit in residential or commercial area—Conditions.


title: RCW 35A.63.220

text:
A legislative body that adopts a moratorium or interim zoning ordinance, without holding a public hearing on the proposed moratorium or interim zoning ordinance, shall hold a public hearing on the adopted moratorium or interim zoning ordinance within at least sixty days of its adoption, whether or not the legislative body received a recommendation on the matter from the planning agency. If the legislative body does not adopt findings of fact justifying its action before this hearing, then the legislative body shall do so immediately after this public hearing. A moratorium or interim zoning ordinance adopted under this section may be effective for not longer than six months, but may be effective for up to one year if a work plan is developed for related studies providing for such a longer period. A moratorium of [or] interim zoning ordinance may be renewed for one or more six-month periods if a subsequent public hearing is held and findings of fact are made prior to each renewal.
[ 1992 c 207 s 3.]

catchline: Moratoria, interim zoning controls—Public hearing—Limitation on length.


title: RCW 35A.63.240

text:
No city may enact or maintain an ordinance, development regulation, zoning regulation or official control, policy, or administrative practice which treats a residential structure occupied by persons with handicaps differently than a similar residential structure occupied by a family or other unrelated individuals. As used in this section, "handicaps" are as defined in the federal fair housing amendments act of 1988 (42 U.S.C. Sec. 3602).
[ 1993 c 478 s 21.]

catchline: Treatment of residential structures occupied by persons with handicaps.


title: RCW 35A.63.250

text:
(1) A permit required under this chapter for a watershed restoration project as defined in RCW 89.08.460 shall be processed in compliance with RCW 89.08.450 through 89.08.510.
(2) A fish habitat enhancement project meeting the criteria of RCW 77.55.181 shall be reviewed and approved according to the provisions of RCW 77.55.181.
[ 2014 c 120 s 12; 2003 c 39 s 17; 1998 c 249 s 6; 1995 c 378 s 9.]
Notes:
Findings—Purpose—Report—Effective date—1998 c 249: See notes following RCW 77.55.181.

catchline: Watershed restoration projects—Permit processing—Fish habitat enhancement project.


title: RCW 35A.63.260

text:
By July 31, 1997, a code city planning under RCW 36.70A.040 shall provide to the county assessor a copy of the code city's comprehensive plan and development regulations in effect on July 1st of that year and shall thereafter provide any amendments to the plan and regulations that were adopted before July 31st of each following year.
[ 1996 c 254 s 4.]

catchline: Planning regulations—Copies provided to county assessor.


title: RCW 35A.63.270

text:
Adoption and amendment of comprehensive plan provisions and development regulations under this chapter affecting a general aviation airport are subject to RCW 36.70.547.
[ 1996 c 239 s 4.]

catchline: General aviation airports.


title: RCW 35A.63.280

text:
A final decision by a hearing examiner involving a conditional or special use permit application under this chapter that is requested by a party that is licensed or certified by the department of social and health services or the department of corrections is subject to mediation under RCW 35.63.260 before an appeal may be filed.
[ 1998 c 119 s 2.]

catchline: Conditional and special use permit applications by parties licensed or certified by the department of social and health services or the department of corrections—Mediation prior to appeal required.


title: RCW 35A.63.290

text:
(1) Upon receipt of an application for a permit to site an energy plant or alternative energy resource that is connected to electrical transmission facilities of a nominal voltage of at least one hundred fifteen thousand volts, the city shall notify in writing the United States department of defense. The notification shall include, but not be limited to, the following:
(a) A description of the proposed energy plant or alternative energy resource;
(b) The location of the site;
(c) The placement of the energy plant or alternative energy resource on the site;
(d) The date and time by which comments must be received by the city; and
(e) Contact information of the city permitting authority and the applicant.
(2) The purpose of the written notification is to provide an opportunity for the United States department of defense to comment upon the application, and to identify potential issues relating to the placement and operations of the energy plant or alternative energy resource, before a permit application is approved. The time period set forth by the city for receipt of such comments shall not extend the time period for the city's processing of the application.
(3) For the purpose of this section, "alternative energy resource," "energy plant," and "electrical transmission facility" shall each have the meaning set forth in RCW 80.50.020.
[ 2011 c 261 s 4.]

catchline: Application for a permit to site an energy plant or alternative energy resource—Written notice to United States department of defense.


title: RCW 35A.63.300

text:
(1) A city planning under this chapter must allow an increased density bonus consistent with local needs for any affordable housing development of any single-family or multifamily residence located on real property owned or controlled by a religious organization provided that:
(a)(i) At least 50 percent of the affordable housing development is set aside for or occupied exclusively by low-income households; or
(ii) At least 20 percent of the affordable housing development is set aside for or occupied exclusively by very low-income households;
(b) The affordable housing development is part of a lease or other binding obligation that requires the affordability requirements and other conditions in this subsection (1) to be maintained for at least 50 years, even if the religious organization no longer owns the property; and
(c) The affordable housing development does not discriminate against any person who qualifies as a member of a low-income household based on race, creed, color, national origin, sex, veteran or military status, sexual orientation, or mental or physical disability; or otherwise act in violation of the federal fair housing amendments act of 1988 (42 U.S.C. Sec. 3601 et seq.).
(2) A city must develop policies to implement this section if it receives a request from a religious organization for an increased density bonus for an affordable housing development. A city may establish policies to require an affordable housing development to set aside more residential dwelling units for low-income or very low-income households than is required under subsection (1) of this section to qualify for the increased density bonus.
(3) The religious organization or an entity leasing the property for the purpose of developing the affordable housing development must pay all fees, mitigation costs, and other charges required through the development of the affordable housing development.
(4) If applicable, the religious organization developing the affordable housing development should work with the local transit agency to ensure appropriate transit services are provided to the affordable housing development.
(5) This section applies to any religious organization rehabilitating an existing affordable housing development.
(6) For purposes of this section:
(a) "Affordable housing development" means a proposed or existing structure in which 50 percent of all single-family or multifamily residential dwelling units within the development are set aside for or are occupied by low-income households or 20 percent of all single-family or multifamily residential dwelling units within the development are set aside for or occupied by very low-income households, whose monthly housing costs, including utilities other than telephone, do not exceed 30 percent of the household's monthly income;
(b) "Low-income household" means a single person, family, or unrelated persons living together whose adjusted income is at or below 80 percent of the median family income, adjusted for household size, for the county where the affordable housing development is located, as reported by the United States department of housing and urban development;
(c) "Religious organization" has the same meaning as in RCW 35A.21.360; and
(d) "Very low-income household" means a single person, family, or unrelated persons living together whose adjusted income is at or below 50 percent of the median family income, adjusted for household size, for the county where the affordable housing development is located, as reported by the United States department of housing and urban development.
[ 2026 c 2 s 2; 2019 c 218 s 2.]

catchline: Increased density bonus for affordable housing located on property owned by a religious organization.


title: RCW 35A.63.310

text:
For cities not planning under RCW 36.70A.040, development regulations to implement comprehensive plans required under RCW 35A.63.060 that are newly developed, updated, or amended after January 1, 2025, must allow for the siting of organic materials management facilities in the areas identified by the county in which the city is located under RCW 70A.205.040(3)(a)(i) to the extent necessary to provide for the establishment of the organic materials management volumetric capacity identified under RCW 70A.205.040(3)(a)(ii).
[ 2022 c 180 s 604.]
Notes:
Findings—Intent—Scope of authority of chapter 180, Laws of 2022—2022 c 180: See notes following RCW 70A.205.007.

catchline: Development regulations to implement comprehensive plans—Siting of organic materials management facilities.


title: RCW 35A.63.320

text:
(1) A code city may encourage an applicant of a project permit or commercial building permit to include pollinator friendly plants in any landscaped area to the extent practicable by:
(a) Providing the list of native forage plants as developed by the department of agriculture in compliance with RCW 39.04.410 to applicants for project permits;
(b) Providing information regarding the benefits of pollinators and pollinator habitat; and
(c) Offering incentives, including expedited processing or reduced application fees, for permit applicants that include pollinator habitat as part of the permit application.
(2) A code city may set restrictions related to beehives, but may not adopt an ordinance banning beehives.
(3) For the purposes of this section:
(a) "Commercial building permit" has the same meaning as defined in RCW 19.27.015.
(b) "Pollinator habitat" means an area of land that is or may be developed as habitat beneficial for the feeding, nesting, and reproduction of all pollinators. "Pollinator habitat" does not include beehives, except for mason bee houses.
(c) "Project permit" has the same meaning as defined in RCW 36.70B.020.
[ 2024 c 337 s 2.]


title: RCW 35A.64.010

text:
A code city may exercise the powers relating to acquisition of real or personal property under executory conditional sales contracts as authorized by RCW 39.30.010.
[ 1967 ex.s. c 119 s 35A.64.010.]

catchline: Acquisition of by conditional sales contracts.


title: RCW 35A.64.020

text:
A code city may exercise the powers relating to the acquisition of products made by the blind as authorized by RCW 19.06.020.
[ 1967 ex.s. c 119 s 35A.64.020.]

catchline: Purchase of products made by blind.


title: RCW 35A.64.180

text:
Every code city shall disinfect or destroy all infected trees or shrubs growing upon public property within the city's jurisdiction and may expend city funds in carrying out the provisions of this section, and shall otherwise be governed by the provisions of chapter 15.08 RCW relating to horticultural pests and diseases.
[ 1967 ex.s. c 119 s 35A.64.180.]

catchline: Disinfection of property.


title: RCW 35A.64.200

text:
A code city may exercise all powers relating to eminent domain as authorized by chapters 8.12 and 8.28 RCW in accordance with the procedures therein prescribed and subject to any limitations therein provided.
[ 1967 ex.s. c 119 s 35A.64.200.]

catchline: Eminent domain by cities.


title: RCW 35A.65.010

text:
All printing, binding and stationery work done for any code city shall be done within the state and all proposals, requests and invitations to submit bids, prices or contracts thereon and all contracts for such work shall so stipulate subject to the limitations contained in RCW 43.19.748 and 35.23.352.
[ 2015 c 225 s 31; 1967 ex.s. c 119 s 35A.65.010.]
Notes:

catchline: Public printing.


title: RCW 35A.65.020

text:
The publication of a legal notice required by general law or by a code city ordinance shall be in a newspaper of general circulation within the city having the qualifications prescribed by chapter 65.16 RCW and shall be governed by the provisions thereof as the same relate to a city of any class.
[ 1967 ex.s. c 119 s 35A.65.020.]

catchline: Publication of legal notice.


title: RCW 35A.66.010

text:
In addition to regulating the use of alcoholic beverages, a code city may exercise the powers relating to prescribing standards for institutions for treating alcoholism as authorized by RCW 71.12.550.
[ 1967 ex.s. c 119 s 35A.66.010.]

catchline: Alcoholism—Standards for institutions.


title: RCW 35A.66.020

text:
The qualified electors of any code city may petition for an election upon the question of whether the sale of liquor shall be permitted within the boundaries of such city as provided by chapter 66.40 RCW, and shall be governed by the procedure therein: PROVIDED, That every code city shall enforce state laws relating to the investigation and prosecution of all violations of Title 66 RCW relating to control of alcoholic beverages and shall be entitled to retain the fines collected therefrom as therein provided. Every code city shall also share in the allocation and distribution of liquor profits and excise as provided in RCW 82.08.170, 66.08.190, and 66.08.210, and make reports of seizure as required by RCW 66.32.090, and otherwise regulate by ordinances not in conflict with state law or liquor and cannabis board regulations.
[ 2023 c 102 s 35; 1967 ex.s. c 119 s 35A.66.020.]
Notes:
State liquor and cannabis board: Chapter 66.08 RCW.

catchline: Liquors, local option on sale of—Enforcement of state laws, sharing proceeds of liquor profits and excise tax.


title: RCW 35A.67.010

text:
In addition to exercising all powers relating to the acquisition of land, the improvement and operation thereof, or cooperation with other taxing districts in connection with park or recreation facilities, any code city may exercise the powers relating to acquisition and operation of recreational facilities, establishment and operation of public camps, and contracting with other taxing or governmental agencies for the acquisition or operation of public parks, camps and recreational facilities as authorized by chapter 67.20 RCW, in accordance with the procedures prescribed in and authorized by *RCW 79.08.080 and 79.08.090 in the application for use of state-owned tide or shorelands for a municipal park or playground purposes.
[ 1967 ex.s. c 119 s 35A.67.010.]
Notes:
*Reviser's note: RCW 79.08.080 and 79.08.090 were recodified as RCW 79.94.175 and 79.94.181 pursuant to 2003 c 334 s 570. RCW 79.94.175 and 79.94.181 were subsequently recodified as RCW 79.125.710 and 79.125.720 pursuant to 2005 c 155 s 1008.
Acquisition of interests in land for conservation, protection, preservation, or open space purposes by cities: RCW 64.04.130.

catchline: Parks, beaches and camps.


title: RCW 35A.68.010

text:
A code city may exercise the powers to acquire, own, improve, manage, operate and regulate real and personal property for the operation of the city morgue, cemetery or other place for the burial of the dead, to create cemetery boards or commissions, to establish and manage funds for cemetery improvement and care and to make all necessary or desirable rules and regulations concerning the control and management of burial places and the investment of funds relating thereto and accounting therefor as is authorized by chapter 68.52 RCW, RCW 35.22.280, 35.23.440, * 35.24.300 and 35.27.370(2) in accordance with the procedures and requirements prescribed by said laws and authority to be included within a cemetery district as authorized and conformed to the requirements of Title 68 RCW.
[ 1987 c 331 s 80; 1967 ex.s. c 119 s 35A.68.010.]
Notes:
*Reviser's note: RCW 35.24.300 was recodified as RCW 35.23.452 pursuant to 1994 c 81 s 90.
Effective date—1987 c 331: See RCW 68.05.900.

catchline: Acquisition—Care and investment of funds.


title: RCW 35A.69.010

text:
Every code city shall have the powers, perform the functions and duties and enforce the regulations prescribed by general laws relating to food and drugs for any class of city as provided by Title 69 RCW; relating to water pollution control as provided by chapter 90.48 RCW; and relating to food fish and shellfish as provided by Title 77 RCW.
[ 2003 c 39 s 18; 1999 c 291 s 31; 1994 c 143 s 512. Prior: 1983 1st ex.s. c 46 s 177; 1983 c 3 s 71; 1967 ex.s. c 119 s 35A.69.010.]

catchline: Powers and duties prescribed.


title: RCW 35A.70.010

text:
Every code city shall have authority to protect waters within the city or comprising part of the city's water supply pursuant to the authority provided therefor by RCW 9.66.050, 54.16.050, 69.30.130, * 57.08.010, 8.12.030, 70.54.010 and 70.54.030.
[ 1996 c 230 s 1606; 1967 ex.s. c 119 s 35A.70.010.]
Notes:
*Reviser's note: RCW 57.08.010 was repealed by 1996 c 230 s 1703, effective July 1, 1997. For later enactment, see RCW 57.08.005.
Part headings not law—Effective date—1996 c 230: See notes following RCW 57.02.001.

catchline: Waters within city—City's water supply.


title: RCW 35A.70.020

text:
A code city may exercise the powers relating to enforcement of regulations for assisted living facilities.
[ 2012 c 10 s 40; 1967 ex.s. c 119 s 35A.70.020.]
Notes:
Application—2012 c 10: See note following RCW 18.20.010.

catchline: Regulating assisted living facilities.


title: RCW 35A.70.040

text:
In addition to other provisions of the law granting authority and imposing duties, a code city may exercise the powers relating to providing standards for the construction of buildings as provided in chapter 70.86 RCW and shall report the issuance of building permits for new construction as required by *RCW 36.21.040 through 36.21.060.
[ 1967 ex.s. c 119 s 35A.70.040.]
Notes:
*Reviser's note: RCW 36.21.040 through 36.21.060 were repealed by 1989 c 246 s 8.

catchline: Buildings, construction standards.


title: RCW 35A.70.050

text:
Every code city may adopt ordinances regulating or otherwise controlling the installation of electrical wiring, equipment, apparatus or appliances as authorized by *RCW 19.28.360 and by other general law and shall obey, observe and comply with every order, approval, direction or requirement made by the director or the commission under authority of chapter 19.29 RCW.
[ 1967 ex.s. c 119 s 35A.70.050.]
Notes:
*Reviser's note: RCW 19.28.360 was recodified as RCW 19.28.141 pursuant to 2000 c 238 s 102.

catchline: City electrical code—State safety regulations.


title: RCW 35A.70.060

text:
All conveyances owned or operated by code cities as defined by the provisions of chapter 70.87 RCW, shall be subject to the provisions of that chapter to the extent specifically provided for therein.
[ 1967 ex.s. c 119 s 35A.70.060.]

catchline: Elevators, moving walks.


title: RCW 35A.70.070

text:
Every code city may exercise the powers authorized and shall perform the duties imposed upon cities of like population relating to the public health and safety as provided by Title 70 RCW and, without limiting the generality of the foregoing, shall: (1) Organize boards of health and appoint a health officer with the authority, duties and functions as provided in chapter 70.05 RCW, or provide for combined city-county health departments as provided and in accordance with the provisions of chapter 70.08 RCW; (2) contribute and participate in public health pooling funds as authorized by chapter 70.12 RCW; (3) control and provide for treatment of sexually transmitted diseases as authorized by chapter 70.24 RCW; (4) provide for the care and control of tuberculosis as provided in chapters 70.28, 70.30, and 70.54 RCW; (5) participate in health districts as authorized by chapter 70.46 RCW; (6) exercise control over water pollution as provided in chapter 35.88 RCW; (7) for all code cities having a population of more than twenty thousand serve as a primary district for registration of vital statistics in accordance with the provisions of chapter 70.58A RCW; (8) observe and enforce the provisions relating to fireworks as provided in chapter 70.77 RCW; (9) enforce the provisions relating to swimming pools provided in chapter 70.90 RCW; (10) enforce the provisions of chapter 18.20 RCW when applicable; (11) perform the functions relating to persons with mental illness prescribed in chapters 72.06 and 71.12 RCW; (12) cooperate with the state department of social and health services in mosquito control as authorized by RCW 70.22.060; and (13) inspect nursing homes as authorized by RCW 18.51.145.
[ 2019 c 148 s 34; 1987 c 223 s 4; 1985 c 213 s 12; 1981 1st ex.s. c 2 s 25; 1979 c 141 s 42; 1967 ex.s. c 119 s 35A.70.070.]
Notes:
Effective date—Rule-making authority—2019 c 148: See RCW 70.58A.901 and 70.58A.902.
Savings—Effective date—1985 c 213: See notes following RCW 43.20.050.
Severability—Effective date—1981 1st ex.s. c 2: See notes following RCW 18.51.010.

catchline: Public health and safety, general laws applicable.


title: RCW 35A.74.010

text:
Code cities may exercise authority granted by general law and available to any class of city for the relief of the poor and destitute, including, but not limited to the provisions of *RCW 74.04.390 through 74.04.470.
[ 1967 ex.s. c 119 s 35A.74.010.]
Notes:
*Reviser's note: RCW 74.04.390 through 74.04.470 were repealed by 1991 c 126 s 11.

catchline: General law applicable.


title: RCW 35A.79.010

text:
A code city shall have all powers provided by general law to cities of any class relating to the receipt of donations of money and property, the acquisition, leasing and disposition of municipal property, both real and personal, including, but not limited to, the following: (1) Intergovernmental leasing, transfer or disposition of property as provided by chapter 39.33 RCW; (2) disposition of unclaimed property as provided by chapters 63.32 and 63.21 RCW; (3) disposition of local improvement district foreclosures as provided by chapter 35.53 RCW; (4) materials removed from public lands as provided by *RCW 79.90.150; (5) purchase of federal surplus property as provided by chapter 39.32 RCW; and (6) land for recreation as provided by **chapter 43.99 RCW. A code city in connection with the acquisition of property shall be subject to provisions relating to tax liens as provided by RCW 84.60.050 and 84.60.070. The general law relating to the damage or destruction of public property of a code city or interferences with the duties of a police or other officer shall relate to code city's properties and officers to the same extent as such laws apply to any class of city, its property or officers.
[ 1983 c 3 s 72; 1979 ex.s. c 30 s 3; 1967 ex.s. c 119 s 35A.79.010.]
Notes:
Reviser's note: *(1) RCW 79.90.150 was recodified as RCW 79.140.110 pursuant to 2005 c 155 s 1011.
**(2) Chapter 43.99 RCW was recodified as chapter 79A.25 RCW pursuant to 1999 c 249 s 1601.

catchline: Powers to acquire, use and manage.


title: RCW 35A.79.020

text:
Code cities are authorized to transfer real property pursuant to RCW 43.83.400 and 43.83.410.
[ 2015 1st sp.s. c 4 s 29; 2006 c 35 s 11.]
Notes:
Findings—2006 c 35: See note following RCW 43.83.400.

catchline: Authority to transfer real property.


title: RCW 35A.80.010

text:
A code city may provide utility service within and without its limits and exercise all powers to the extent authorized by general law for any class of city or town. The cost of such improvements may be financed by procedures provided for financing local improvement districts in chapters 35.43 through 35.54 RCW and by revenue and refunding bonds as authorized by chapters 35.41, 35.67 and 35.89 RCW and Title 85 RCW. A code city may protect and operate utility services as authorized by chapters 35.88, 35.91, 35.92, and 35.94 RCW and may acquire and damage property in connection therewith as provided by chapter 8.12 RCW and shall be governed by the regulations of the department of ecology as provided in RCW 90.48.110.
[ 1988 c 127 s 2; 1967 ex.s. c 119 s 35A.80.010.]

catchline: General laws applicable.


title: RCW 35A.80.020

text:
Any code city is authorized to enter into contracts or compacts with any commission or any operating agency or publicly or privately owned utility for the purchase and sale of electric energy or falling waters as provided in RCW 43.52.410 and chapter 35.84 RCW and to exercise any other authority granted to cities as provided in chapter 43.52 RCW.
[ 1967 ex.s. c 119 s 35A.80.020.]

catchline: Electric energy.


title: RCW 35A.80.030

text: See RCW 87.03.825 through 87.03.840.

catchline: Hydroelectric resources—Separate legal authority—Creation by irrigation districts and cities, towns, or public utility districts.


title: RCW 35A.80.040

text:
(1) Code cities providing utility services under this chapter are encouraged to provide information to their customers regarding landscaping that includes tree planting for energy conservation.
(2)(a) Code cities providing utility services under this chapter are encouraged to request voluntary donations from their customers for the purposes of urban forestry. The request may be in the form of a check-off on the billing statement or other form of a request for a voluntary donation.
(b) Voluntary donations collected by code cities under this section may be used by the code city to:
(i) Support the development and implementation of urban forestry ordinances, as that term is defined in RCW 76.15.010, for cities, towns, or counties within their service areas; or
(ii) Complete projects consistent with the urban forestry management plans and ordinances developed under RCW 76.15.090.
(c) Donations received under this section do not contribute to the gross income of a light and power business or gas distribution business under chapter 82.16 RCW.
[ 2021 c 209 s 13; 2008 c 299 s 20; 1993 c 204 s 3.]
Notes:
Findings—Intent—2021 c 209: See note following RCW 76.15.005.
Short title—2008 c 299: See note following RCW 76.15.020.
Findings—1993 c 204: See note following RCW 35.92.390.

catchline: Code cities encouraged to provide utility customers with landscaping information and to request voluntary donations for urban forestry.


title: RCW 35A.80.050

text:
A code city may contract to purchase from a joint operating agency electric power and energy required for its present or future requirements. For projects the output of which is limited to qualified alternative energy resources as defined by RCW 19.29A.090(3), the contract may include the purchase of capability of the projects to produce electricity in addition to the actual output of the projects. The contract may provide that the code city must make the payments required by the contract whether or not a project is completed, operable, or operating and notwithstanding the suspension, interruption, interference, reduction, or curtailment of the output of a project or the power and energy contracted for. The contract may also provide that payments under the contract are not subject to reduction, whether by offset or otherwise, and shall not be conditioned upon the performance or nonperformance of the joint operating agency or a city, town, or public utility district under the contract or other instrument.
[ 2003 c 138 s 7.]

catchline: Purchase of electric power and energy from joint operating agency.


title: RCW 35A.80.060

text:
(1) Code cities providing utility services under this chapter may request voluntary donations from their customers for the purpose of supporting hunger programs.
(2) Voluntary donations collected by code cities under this section must be used by the code city to support the maintenance and operation of hunger programs.
(3) Donations received under this section do not contribute to the gross income of a light and power business or gas distribution business under chapter 82.16 RCW.
(4) Nothing in this section precludes a code city providing utility services from requesting voluntary donations to support other programs.
[ 2011 c 226 s 3.]

catchline: Voluntary donations for purpose of supporting hunger programs.


title: RCW 35A.81.010

text:
Motor vehicles owned and operated by any code city are exempt from the provisions of chapter 81.80 RCW, except where specifically otherwise provided. Urban passenger transportation systems must receive a refund of the amount of the motor vehicle fuel tax paid on each gallon of motor vehicle fuel used in such systems to the extent authorized by chapter 82.38 RCW. Notwithstanding any provision of the law to the contrary, every urban passenger transportation system as defined in RCW 82.38.080 are exempt from the provisions of chapter 82.38 RCW which requires the payment of use fuel taxes.
[ 2013 c 225 s 603; 1983 c 3 s 73; 1967 ex.s. c 119 s 35A.81.010.]
Notes:
Effective date—2013 c 225: See note following RCW 82.38.010.

catchline: Application of general law.


title: RCW 35A.82.010

text:
A code city shall collect, receive and share in the distribution of state collected and distributed excise taxes to the same extent and manner as general laws relating thereto apply to any class of city or town including, but not limited to, funds distributed to cities under *RCW 82.36.020 relating to motor vehicle fuel tax, RCW 82.38.290 relating to use fuel tax, and RCW * 82.36.275 and ** 82.38.080(3).
[ 1998 c 176 s 2; 1995 c 274 s 4; 1985 c 7 s 102; 1983 c 3 s 74; 1967 ex.s. c 119 s 35A.82.010.]
Notes:
Reviser's note: *(1) Chapter 82.36 RCW was repealed in its entirety by 2013 c 225 s 501, effective July 1, 2016.
**(2) RCW 82.38.080 was amended by 2013 c 225 s 111, deleting subsection (3), effective July 1, 2016. See RCW 82.38.080(1)(f).

catchline: State shared excises.


title: RCW 35A.82.020

text:
A code city may exercise the authority authorized by general law for any class of city to license and revoke the same for cause, to regulate, make inspections and to impose excises for regulation or revenue in regard to all places and kinds of business, production, commerce, entertainment, exhibition, and upon all occupations, trades and professions and any other lawful activity: PROVIDED, That no license or permit to engage in any such activity or place shall be granted to any who shall not first comply with the general laws of the state.
No such license shall be granted to continue for longer than a period of one year from the date thereof and no license or excise shall be required where the same shall have been preempted by the state, nor where exempted by the state, including, but not limited to, the provisions of RCW 36.71.090 and chapter 73.04 RCW relating to veterans.
[ 1967 ex.s. c 119 s 35A.82.020.]

catchline: Licenses and permits—Excises for regulation.


title: RCW 35A.82.025

text:
(1) A state licensed massage therapist seeking a city license to operate a massage business must provide verification of his or her state massage license as provided for in RCW 18.108.030.
(2) The city may charge a licensing or operating fee, but the fee charged a state licensed massage therapist shall not exceed the licensing or operating fee imposed on similar health care providers, such as physical therapists or occupational therapists, operating within the same city.
(3) A state licensed massage therapist is not subject to additional licensing requirements not currently imposed on similar health care providers, such as physical therapists or occupational therapists.
[ 2016 c 41 s 24; 1991 c 182 s 2.]
Notes:
Effective date—2016 c 41: See note following RCW 18.108.010.

catchline: Authority to regulate massage therapists—Limitations.


title: RCW 35A.82.030

text: See chapter 82.14 RCW.

catchline: City and county retail sales excise tax and use tax.


title: RCW 35A.82.040

text: See chapter 82.14A RCW.

catchline: City and town license fees and taxes on financial institutions.


title: RCW 35A.82.050

text:
Any code city which imposes a license fee or tax upon business activities consisting of the making of retail sales of tangible personal property which are measured by gross receipts or gross income from such sales, shall impose such tax at a single uniform rate upon all such business activities. This section shall not apply to any business activities subject to the tax imposed by chapter 82.16 RCW. For purposes of this section, the providing to consumers of competitive telephone service, as defined in RCW 82.04.065, or the providing of payphone service as defined in RCW 35.21.710, shall be subject to tax at the same rate as business activities consisting of the making of retail sales of tangible personal property.
[ 2002 c 179 s 3; 1983 2nd ex.s. c 3 s 34; 1981 c 144 s 7; 1972 ex.s. c 134 s 7.]
Notes:
Effective date—2002 c 179: See note following RCW 35.21.710.
Construction—Severability—Effective dates—1983 2nd ex.s. c 3: See notes following RCW 82.04.255.
Intent—Severability—Effective date—1981 c 144: See notes following RCW 82.16.010.

catchline: License fees or taxes upon certain business activities to be at single uniform rate.


title: RCW 35A.82.055

text:
Any code city which imposes a license fee or tax upon the business activity of engaging in the telephone business, as defined in RCW 82.16.010, which is measured by gross receipts or gross income from the business shall impose the tax at a uniform rate on all persons engaged in the telephone business in the code city.
This section does not apply to the providing of competitive telephone service as defined in RCW 82.04.065 or to the providing of payphone service as defined in RCW 35.21.710.
[ 2007 c 6 s 1012; 2002 c 179 s 4; 1983 2nd ex.s. c 3 s 36; 1981 c 144 s 9.]
Notes:
Part headings not law—Savings—Effective date—Severability—2007 c 6: See notes following RCW 82.32.020.
Findings—Intent—2007 c 6: See note following RCW 82.14.390.
Effective date—2002 c 179: See note following RCW 35.21.710.
Construction—Severability—Effective dates—1983 2nd ex.s. c 3: See notes following RCW 82.04.255.
Intent—Severability—Effective date—1981 c 144: See notes following RCW 82.16.010.

catchline: License fees or taxes on telephone business to be at uniform rate.


title: RCW 35A.82.060

text:
(1) Any code city which imposes a license fee or tax upon the business activity of engaging in the telephone business which is measured by gross receipts or gross income may impose the fee or tax, if it desires, on one hundred percent of the total gross revenue derived from intrastate toll telephone services subject to the fee or tax: PROVIDED, That the city shall not impose the fee or tax on that portion of network telephone service which represents charges to another telecommunications company, as defined in RCW 80.04.010, for connecting fees, switching charges, or carrier access charges relating to intrastate toll telephone services, or for access to, or charges for, interstate services, or charges for network telephone service that is purchased for the purpose of resale, or charges for mobile telecommunications services provided to customers whose place of primary use is not within the city.
(2) Any city that imposes a license tax or fee under subsection (1) of this section has the authority, rights, and obligations of a taxing jurisdiction as provided in RCW 82.32.490 through 82.32.510.
(3) The definitions in RCW 82.04.065 and 82.16.010 apply to this section.
[ 2007 c 6 s 1014; 2007 c 6 s 1013; 2002 c 67 s 10; 1989 c 103 s 3; 1986 c 70 s 4; 1983 2nd ex.s. c 3 s 38; 1981 c 144 s 11.]
Notes:
Contingent effective date—2007 c 6 ss 1003, 1006, 1014, and 1018: See note following RCW 82.04.065.
Part headings not law—Savings—Effective date—Severability—2007 c 6: See notes following RCW 82.32.020.
Findings—Intent—2007 c 6: See note following RCW 82.14.390.
Finding—Effective date—2002 c 67: See notes following RCW 82.04.530.
Severability—1989 c 103: See note following RCW 35.21.714.
Effective date—1986 c 70 ss 1, 2, 4, 5: See note following RCW 35.21.714.
Construction—Severability—Effective dates—1983 2nd ex.s. c 3: See notes following RCW 82.04.255.
Intent—Severability—Effective date—1981 c 144: See notes following RCW 82.16.010.

catchline: License fees or taxes on telephone business—Imposition on certain gross revenues authorized—Limitations.


title: RCW 35A.82.065

text:
Notwithstanding RCW 35.21.714 or 35A.82.060, any city or town which imposes a tax upon business activities measured by gross receipts or gross income from sales, may impose such tax on that portion of network telephone service, as defined in RCW 82.16.010, which represents charges to another telecommunications company, as defined in RCW 80.04.010, for connecting fees, switching charges, or carrier access charges relating to intrastate toll services, or charges for network telephone service that is purchased for the purpose of resale. Such tax shall be levied at the same rate as is applicable to other competitive telephone service as defined in RCW 82.04.065.
[ 2007 c 6 s 1015; 1989 c 103 s 4; 1986 c 70 s 5.]
Notes:
Part headings not law—Savings—Effective date—Severability—2007 c 6: See notes following RCW 82.32.020.
Findings—Intent—2007 c 6: See note following RCW 82.14.390.
Severability—1989 c 103: See note following RCW 35.21.714.
Effective date—1986 c 70 ss 1, 2, 4, 5: See note following RCW 35.21.714.

catchline: Taxes on network telephone services.


title: RCW 35A.82.070

text:
A city or town required by RCW 35.21.870(2) to reduce its rate of taxation on telephone business may defer for one year the required reduction in rates for the year 1987. If the delay in rate reductions authorized by the preceding sentence is inadequate for a code city to offset the impact of revenue reductions arising from the removal of revenues from connecting fees, switching charges, or carrier access charges under the provisions of RCW 35A.82.060, then the legislative body of such code city may reimpose for 1987 the rates that such code city had in effect upon telephone business during 1985. In each succeeding year, the city or town shall reduce the rate by one-tenth of the difference between the tax rate on April 20, 1982, and six percent.
[ 1986 c 70 s 6.]

catchline: Taxes on telephone business—Deferral of rate reduction.


title: RCW 35A.84.010

text:
The taxation of property in code cities shall be governed by general provisions of the law including, but not limited to, the provisions of: (1) Chapter 84.09 RCW, relating to the time for establishment of official boundaries of taxing districts on the first day of March of each year; (2) chapter 84.12 RCW relating to the assessment and taxation of public utilities; (3) chapter 84.16 RCW, relating to the apportionment of taxation on private car companies; (4) chapter 84.20 RCW, relating to the taxation of easements of public utilities; (5) *chapter 84.24 RCW, relating to the reassessment of property; (6) chapter 84.36 RCW, relating to property subject to taxation and exemption therefrom; (7) chapter 84.40 RCW relating to the listing of property for assessment; (8) chapter 84.41 RCW, relating to reevaluation of property; (9) chapter 84.44 RCW, relating to the taxable situs of personalty; (10) chapter 84.48 RCW, relating to the equalization of assessments; (11) chapter 84.52 RCW, relating to the levy of taxes, both regular and excess; (12) chapter 84.56 RCW, relating to the collection of taxes; (13) chapter 84.60 RCW, relating to the lien of taxes and the priority thereof; (14) chapter 84.69 RCW, relating to refunds and claims therefor against the code city; and (15) RCW 41.16.060, relating to taxation for firefighters' pension fund.
[ 2013 c 23 s 66; 1967 ex.s. c 119 s 35A.84.010.]
Notes:
*Reviser's note: Chapter 84.24 RCW was repealed by 1994 c 124 s 42.

catchline: Procedure and rules relating to ad valorem taxes.


title: RCW 35A.84.020

text:
For the purpose of assessment of all property in all code cities, other than code cities having a population of more than twenty thousand inhabitants, the county assessor of the county wherein such code city is situated shall be the ex officio assessor, and as to the code cities having a population of more than twenty thousand inhabitants such county assessor shall perform the duties as provided in *RCW 36.21.020.
[ 1967 ex.s. c 119 s 35A.84.020.]
Notes:
*Reviser's note: RCW 36.21.020 was repealed by 1994 c 301 s 57.

catchline: Assessment for and collection of ad valorem taxes.


title: RCW 35A.84.030

text:
The treasurer of the county wherein a code city is situated shall be the ex officio collector of such code city's taxes and give bond, and account for the city's funds as provided in chapter 36.29 RCW.
[ 1967 ex.s. c 119 s 35A.84.030.]

catchline: Ex officio collector of code city taxes.


title: RCW 35A.88.010

text:
A code city may exercise the powers relating to regulation of discharge of ballast in harbors within or in front of such city as authorized by RCW 88.28.060.
[ 1967 ex.s. c 119 s 35A.88.010.]

catchline: Discharge of ballast.


title: RCW 35A.88.020

text:
A code city shall have and exercise all powers granted by general laws to cities and towns of any class relative to docks and other appurtenances to harbor and shipping, including but not limited to, the provisions of RCW 35.22.280, 35.23.440, * 35.24.290, and 88.24.030.
[ 1967 ex.s. c 119 s 35A.88.020.]
Notes:
*Reviser's note: RCW 35.24.290 was repealed by 1994 c 81 s 89.

catchline: Wharves and landings.


title: RCW 35A.88.030

text:
General laws relating to harbor areas within cities, including but not limited to, chapter 36.08 RCW relating to transfer of territory lying in two or more counties; *RCW 79.92.110 relating to disposition of rental from leasehold in the harbor areas; and RCW 88.32.240 and 88.32.250 relating to joint planning by cities and counties shall apply to, benefit and obligate code cities to the same extent as such general laws apply to any class of city.
[ 1985 c 7 s 103; 1983 c 3 s 75; 1967 ex.s. c 119 s 35A.88.030.]
Notes:
*Reviser's note: RCW 79.92.110 was recodified as RCW 79.115.150 pursuant to 2005 c 155 s 1006.

catchline: General laws applicable.


title: RCW 35A.90.010

text:
Unless otherwise provided by this title, the election by a city or town to become a code city and to be governed by this title shall not affect any right or liability either in favor of or against such city or town existing at the time, nor any civil or criminal proceeding involving or relating to such city or town; and all rights and property of every description which were vested in such city or town immediately prior to becoming a code city shall continue to be vested in such code city; and all charter provisions, ordinances, resolutions, rules, regulations, or orders lawfully in force in such city or town at the time of becoming a code city, and not inconsistent with or repugnant to this title, shall continue in force in such code city until amended or repealed as provided by law.
[ 1967 ex.s. c 119 s 35A.90.010.]

catchline: Becoming code city—Rights, actions saved—Continuation of ordinances.


title: RCW 35A.90.020

text:
If any provision, section, or chapter of this title or its application to any person or circumstance is held invalid, the remainder of the provision, section, chapter, or title, or the application thereof to other persons or circumstances is not affected.
[ 1967 ex.s. c 119 s 35A.90.020.]

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


title: RCW 35A.92.010

text:
The legislature intends for code cities to set standards for addressing the reporting and accountability of substantially career fire departments, and to specify performance measures applicable to response time objectives for certain major services. The legislature acknowledges the efforts of the international city/county management association, the international association of fire chiefs, and the national fire protection association for the organization and deployment of resources for fire departments. The arrival of first responders with automatic external defibrillator capability before the onset of brain death, and the arrival of adequate fire suppression resources before flash-over is a critical event during the mitigation of an emergency, and is in the public's best interest. For these reasons, this chapter contains performance measures, comparable to that research, relating to the organization and deployment of fire suppression operations, emergency medical operations, and special operations by substantially career fire departments. This chapter does not, and is not intended to, in any way modify or limit the authority of code cities to set levels of service.
[ 2005 c 376 s 201.]

catchline: Intent.


title: RCW 35A.92.020

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Advanced life support" means functional provision of advanced airway management, including intubation, advanced cardiac monitoring, manual defibrillation, establishment and maintenance of intravenous access, and drug therapy.
(2) "Aircraft rescue and firefighting" means the firefighting actions taken to rescue persons and to control or extinguish fire involving or adjacent to aircraft on the ground.
(3) "Brain death" as defined by the American heart association means the irreversible death of brain cells that begins four to six minutes after cardiac arrest.
(4) "Code city" means a code city that provides fire protection services, which may include firefighting actions, emergency medical services, and other special operations, in a specified geographic area.
(5) "Fire department" means a code city fire department responsible for firefighting actions, emergency medical services, and other special operations in a specified geographic area. The department must be a substantially career fire department, and not a substantially volunteer fire department.
(6) "Fire suppression" means the activities involved in controlling and extinguishing fires.
(7) "First responder" means provision of initial assessment and basic first-aid intervention, including cardiac pulmonary resuscitation and automatic external defibrillator capability.
(8) "Flash-over" as defined by national institute of standards and technology means when all combustibles in a room burst into flame and the fire spreads rapidly.
(9) "Marine rescue and firefighting" means the firefighting actions taken to prevent, control, or extinguish fire involved in or adjacent to a marine vessel and the rescue actions for occupants using normal and emergency routes for egress.
(10) "Response time" means the time immediately following the turnout time that begins when units are en route to the emergency incident and ends when units arrive at the scene.
(11) "Special operations" means those emergency incidents to which the fire department responds that require specific and advanced training and specialized tools and equipment.
(12) "Turnout time" means the time beginning when units receive notification of the emergency to the beginning point of response time.
[ 2005 c 376 s 202.]

catchline: Definitions.


title: RCW 35A.92.030

text:
(1) Every code city shall maintain a written statement or policy that establishes the following:
(a) The existence of a fire department;
(b) Services that the fire department is required to provide;
(c) The basic organizational structure of the fire department;
(d) The expected number of fire department employees; and
(e) Functions that fire department employees are expected to perform.
(2) Every code city shall include service delivery objectives in the written statement or policy required under subsection (1) of this section. These objectives shall include specific response time objectives for the following major service components, if appropriate:
(a) Fire suppression;
(b) Emergency medical services;
(c) Special operations;
(d) Aircraft rescue and firefighting;
(e) Marine rescue and firefighting; and
(f) Wildland firefighting.
(3) Every code city, in order to measure the ability to arrive and begin mitigation operations before the critical events of brain death or flash-over, shall establish time objectives for the following measurements:
(a) Turnout time;
(b) Response time for the arrival of the first arriving engine company at a fire suppression incident and response time for the deployment of a full first alarm assignment at a fire suppression incident;
(c) Response time for the arrival of a unit with first responder or higher level capability at an emergency medical incident; and
(d) Response time for the arrival of an advanced life support unit at an emergency medical incident, where this service is provided by the fire department.
(4) Every code city shall also establish a performance objective of not less than ninety percent for the achievement of each response time objective established under subsection (3) of this section.
[ 2005 c 376 s 203.]

catchline: Policy statement—Service delivery objectives.


title: RCW 35A.92.040

text:
(1) Every code city shall evaluate its level of service and deployment delivery and response time objectives on an annual basis. The evaluations shall be based on data relating to level of service, deployment, and the achievement of each response time objective in each geographic area within the code city's jurisdiction.
(2) Beginning in 2007, every code city shall issue an annual written report which shall be based on the annual evaluations required by subsection (1) of this section.
(a) The annual report shall define the geographic areas and circumstances in which the requirements of this standard are not being met.
(b) The annual report shall explain the predictable consequences of any deficiencies and address the steps that are necessary to achieve compliance.
[ 2005 c 376 s 204.]

catchline: Annual evaluations—Annual report.


title: RCW 35A.92.050

text:
Code cities conducting annexations of all or part of fire protection districts shall, at least through the budget cycle, or the following budget cycle if the annexation occurs in the last half of the current budget cycle, in which the annexation occurs, maintain existing fire protection and emergency services response times in the newly annexed areas consistent with response times recorded prior to the annexation as defined in the previous annual report for the fire protection district and as reported in RCW 52.33.040. If the code city is unable to maintain these service levels in the newly annexed area, the transfer of firefighters from the annexed fire protection district as a direct result of the annexation must occur as outlined in RCW 35A.14.485.
[ 2009 c 60 s 12.]

catchline: Maintenance of response times in newly annexed areas—Firefighter transfers.


title: RCW 36.01.010

text:
The several counties in this state shall have capacity as bodies corporate, to sue and be sued in the manner prescribed by law; to purchase and hold lands; to make such contracts, and to purchase and hold such personal property, as may be necessary to their corporate or administrative powers, and to do all other necessary acts in relation to all the property of the county.
[ 1986 c 278 s 1; 1963 c 4 s 36.01.010. Prior: Code 1881 s 2653; 1863 p 538 s 1; 1854 p 329 s 1; RRS s 3982.]
Notes:
Severability—1986 c 278: "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." [ 1986 c 278 s 65.]

catchline: Corporate powers.


title: RCW 36.01.020

text:
The name of a county, designated by law, is its corporate name, and it must be known and designated thereby in all actions and proceedings touching its corporate rights, property, and duties.
[ 1963 c 4 s 36.01.020. Prior: Code 1881 s 2654; RRS s 3983.]

catchline: Corporate name.


title: RCW 36.01.030

text:
Its powers can only be exercised by the county commissioners, or by agents or officers acting under their authority or authority of law.
[ 1963 c 4 s 36.01.030. Prior: Code 1881 s 2655; RRS s 3984.]

catchline: Powers—How exercised.


title: RCW 36.01.040

text:
Every conveyance of lands, or transfer of other property, made in any manner for the use of any county, shall have the same force and effect as if made to the county in its proper and corporate name.
[ 1963 c 4 s 36.01.040. Prior: Code 1881 s 2656; 1863 p 538 s 2; 1854 p 329 s 2; RRS s 3985.]

catchline: Conveyances for use of county.


title: RCW 36.01.050

text:
(1) All actions against any county may be commenced in the superior court of such county, or in the superior court of either of the two nearest judicial districts. All actions by any county shall be commenced in the superior court of the county in which the defendant resides, or in either of the two judicial districts nearest to the county bringing the action.
(2) The determination of the nearest judicial districts is measured by the travel time between county seats using major surface routes, as determined by the administrative office of the courts.
(3) Any provision in a public works contract with any county that requires actions arising under the contract to be commenced in the superior court of the county is against public policy and the provision is void and unenforceable. This subsection shall not be construed to void any contract provision requiring a dispute arising under the contract to be submitted to arbitration.
[ 2015 c 138 s 1; 2005 c 282 s 42; 2000 c 244 s 1; 1997 c 401 s 1; 1963 c 4 s 36.01.050. Prior: 1854 p 329 s 6; No RRS.]

catchline: Venue of actions by or against counties.


title: RCW 36.01.060

text:
Each county shall be liable to pay the per diem and mileage, or other compensation in lieu thereof, to jurors of the county attending the superior court; the fees of the sheriff for maintaining prisoners charged with crimes, and the sheriff's costs in conveying them to and from the court, as well as their board while there; the per diem and mileage, or such other compensation as is allowed in lieu thereof, of the sheriff of the county, when in criminal cases the sheriff is required to attend or travel to the superior court out of the limits of the sheriff's county; the costs in criminal cases taken from the courts of limited jurisdiction to the superior court; but no such claims shall be paid by the treasurer unless the particular items are approved by the judge and certified by the clerk under the seal of the court. For the time or travel which may be paid by the parties or United States, no payment from the county shall be allowed, and no officer, juror, or witness shall receive from the county double pay as a per diem for the same time, or as traveling expenses or mileage for the same travel, in however many different capacities or in however many different causes they may be summoned, notified, or called upon to testify or attend in.
[ 1987 c 202 s 200; 1963 c 4 s 36.01.060. Prior: Code 1881 s 2110; 1869 p 420 s 9; 1863 p 425 s 10; 1857 p 22 s 10; RRS s 508.]
Notes:
Intent—1987 c 202: See note following RCW 2.04.190.

catchline: County liable for certain court costs.


title: RCW 36.01.070

text:
Notwithstanding the provisions of chapter 72.01 RCW or any other provision of law, counties may engage in probation and parole services and employ personnel therefor under such terms and conditions as any such county shall so determine. If a county elects to assume responsibility for the supervision of superior court misdemeanant offenders placed on probation under RCW 9.92.060 or 9.95.210, the county may contract with other counties to receive or provide such probation services. A county may also enter into partnership agreements with the department of corrections under RCW 72.09.300.
[ 1996 c 298 s 7; 1967 c 200 s 9.]
Notes:
Severability—1967 c 200: See note following RCW 9.45.122.
Indeterminate sentences: Chapter 9.95 RCW.

catchline: Probation and parole services.


title: RCW 36.01.080

text:
Counties may construct, maintain, operate and collect rentals for parking facilities as a part of a courthouse or combined county-city building facility.
[ 1969 ex.s. c 8 s 1.]
Notes:
Revenue bonds for parking facilities: RCW 36.67.520.

catchline: Parking facilities—Construction, operation and rental charges.


title: RCW 36.01.085

text:
It shall be in the public purpose for all counties to engage in economic development programs. In addition, counties may contract with nonprofit corporations in furtherance of this and other acts relating to economic development.
[ 1985 c 92 s 2.]

catchline: Economic development programs.


title: RCW 36.01.095

text:
Any county may establish a system of emergency medical service as defined by RCW 18.73.030(11). The county legislative authority may adopt by resolution procedures to collect reasonable fees in order to reimburse the county in whole or in part for its costs of providing such service: PROVIDED, That any county which provides emergency medical services supported by an excess levy may waive such charges for service: PROVIDED FURTHER, That whenever the county legislative authority determines that the county or a substantial portion of the county is not adequately served by existing private ambulance service, and existing private ambulance service cannot be encouraged to expand service on a contract basis, the emergency medical service that is established by the county shall not be deemed to compete with any existing private ambulance service as provided for in RCW 36.01.100.
[ 1975 1st ex.s. c 147 s 1.]


title: RCW 36.01.100

text:
The legislative authority of any county may by appropriate legislation provide for the establishment of a system of ambulance service for the entire county or for portions thereof, and award contracts for ambulance service: PROVIDED, That such legislation may not provide for the establishment of any system which would compete with any existing private system.
[ 1972 ex.s. c 89 s 1.]


title: RCW 36.01.110

text: See RCW 35.21.730 through 35.21.755.

catchline: Federal grants and programs—Powers and authority of counties to participate in—Public corporations, commissions or authorities.


title: RCW 36.01.115

text: See chapter 80.58 RCW.

catchline: Nonpolluting power generation by individual—Exemption from regulation—Authorization to contract with utility.


title: RCW 36.01.120

text:
It is the finding of the legislature that foreign trade zones serve an important public purpose by the creation of employment opportunities within the state and that the establishment of zones designed to accomplish this purpose is to be encouraged. It is the further intent of the legislature that the department of commerce provide assistance to entities planning to apply to the United States for permission to establish such zones.
[ 2023 c 470 s 2017; 1995 c 399 s 40; 1985 c 466 s 44; 1977 ex.s. c 196 s 5.]
Notes:
Explanatory statement—2023 c 470: See note following RCW 10.99.030.
Effective date—Severability—1985 c 466: See notes following RCW 43.31.125.
Effective date—1977 ex.s. c 196: See note following RCW 24.46.010.

catchline: Foreign trade zones—Finding—Intent.


title: RCW 36.01.125

text:
A county, as zone sponsor, may apply to the United States for permission to establish, operate, and maintain foreign trade zones: PROVIDED, That nothing herein shall be construed to prevent these zones from being operated and financed by a private corporation(s) on behalf of such county acting as zone sponsor.
[ 1977 ex.s. c 196 s 6.]
Notes:
Effective date—1977 ex.s. c 196: See note following RCW 24.46.010.

catchline: Foreign trade zones—Authority to apply for permission to establish, operate and maintain.


title: RCW 36.01.130

text:
The imposition of controls on rent is of statewide significance and is preempted by the state. No county may enact, maintain or enforce ordinances or other provisions which regulate the amount of rent to be charged for single-family or multiple-unit residential rental structures or sites other than properties in public ownership, under public management, or properties providing low-income rental housing under joint public-private agreements for the financing or provision of such low-income rental housing. This section shall not be construed as prohibiting any county from entering into agreements with private persons which regulate or control the amount of rent to be charged for rental properties.
[ 1991 c 363 s 43; 1981 c 75 s 2.]
Notes:
Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180.
Applicability to floating home moorage sites—Severability—1981 c 75: See notes following RCW 35.21.830.

catchline: Controls on rent for residential structures—Prohibited—Exceptions.


title: RCW 36.01.150

text:
All entities of local government and agencies thereof are authorized to take action as follows to facilitate recovery from the devastation of the eruption of Mt. St. Helens:
(1) Cooperate with the state, state agencies, and the United States Army Corps of Engineers and other agencies of the federal government in planning dredge site selection and dredge spoils removal;
(2) Counties and cities may re-zone areas and sites as necessary to facilitate recovery operations;
(3) Counties may manage and maintain lands involved and the deposited dredge spoils; and
(4) Local governments may assist the Army Corps of Engineers in the dredging and dredge spoils deposit operations.
[ 1982 c 7 s 3.]
Notes:
Severability—1982 c 7: "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 7 s 11.]
Facilitating recovery from Mt. St. Helens eruption—Legislative findings—Purpose: RCW 43.01.200.
Scope of state agency action: RCW 43.01.210.

catchline: Facilitating recovery from Mt. St. Helens eruption—Scope of local government action.


title: RCW 36.01.160

text:
Except as limited by the maximum penalty authorized by law, no county may establish a penalty for an act that constitutes a crime under state law that is different from the penalty prescribed for that crime by state statute.
[ 1993 c 83 s 2.]
Notes:
Effective date—1993 c 83: See note following RCW 35.21.163.

catchline: Penalty for act constituting a crime under state law—Limitation.


title: RCW 36.01.170

text:
Any county authorized by territorial law to administer moneys held in trust for the benefit of school districts within the county, which moneys were bequeathed for such purposes by testamentary provision, may dissolve any trust, the corpus of which does not exceed fifty thousand dollars, and distribute any moneys remaining in the trust to school districts within the county. Before dissolving the trust, the county must adopt a resolution finding that conditions have changed and it is no longer feasible for the county to administer the trust.
[ 1998 c 65 s 1.]

catchline: Administration of trusts benefiting school districts.


title: RCW 36.01.180

text:
(1) For any county in which a proposition authorized by RCW 82.14.400 has been passed, there shall be created a zoo and aquarium advisory authority.
(2) The initial board of the authority shall be constituted as follows:
(a) Three members appointed by the county legislative authority to represent unincorporated areas;
(b) Two members appointed by the legislative authority of the city with the largest population within the county; and
(c) Two members jointly appointed by the legislative authorities of the remaining cities within the county representing at least sixty percent of the combined populations of those cities.
(3) Board members shall hold office for whatever terms are determined by their appointing authorities, except that no term may be less than one year nor more than three years, in duration. However, a vacancy may be filled by an appointment for a term less than twelve months in duration.
[ 1999 c 104 s 4.]

catchline: Zoo and aquarium advisory authority—Constitution—Terms.


title: RCW 36.01.190

text:
(1) Upon certification by the county auditor or, in the case of a home rule county, upon certification by the chief elections officer, that a proposition authorized under the terms of RCW 82.14.400 has received a majority of votes cast on the proposition, the county legislative authority shall convene an initial meeting of the zoo and aquarium advisory authority.
(2) Consistent with any agreement between the local governments specified in RCW 82.14.400(1) in requesting an election, the zoo and aquarium advisory authority has authority to expend such funds as it may receive on those purposes set out in RCW 82.14.400(4). In addition, and consistent with any limitation placed on the powers of the authority in such an agreement, the zoo and aquarium advisory authority may exercise the following powers:
(a) Acquire by purchase, gift, or grant and lease, construct, add to, improve, replace, repair, maintain, operate, and regulate the use of any zoo, aquarium, and wildlife preservation and display facilities and properties, together with all lands, rights-of-way, property, equipment, and accessories necessary for those facilities;
(b) Contract with the United States or any agency thereof, any state or agency thereof, any metropolitan municipal corporation, any other county, city, special district, or governmental agency, and any private person, firm, or corporation for the purpose of receiving gifts or grants or securing loans or advances for preliminary planning and feasibility studies, or for the design, construction, operation, or maintenance of zoo, aquarium, and wildlife preservation and display facilities;
(c) Contract with any governmental agency or with a private person, firm, or corporation for the use by either contracting party of all or any part of the facilities, structures, lands, interests in lands, air rights over lands, and rights-of-way of all kinds which are owned, leased, or held by the other party, and for the purpose of planning, constructing, or operating any facility or performing any service related to zoos, aquariums, and wildlife preservation and display facilities;
(d) Fix rates and charges for the use of those facilities;
(e) Sue and be sued in its corporate capacity in all courts and in all proceedings.
[ 1999 c 104 s 3.]

catchline: Initial meeting of zoo and aquarium advisory authority—Expenditure of funds—Powers.


title: RCW 36.01.200

text:
The county legislative authority of any county that receives payment in lieu of taxes and payment equal to tax funds from the United States department of energy under section 168 of the federal atomic energy act of 1954 and nuclear waste policy act of 1982 and that has an agreed settlement or a joint stipulation dated before January 1, 1998, which agreed settlement or joint stipulation includes funds designated for state schools, may direct the county treasurer to distribute those designated funds to reduce the outstanding debt of the school districts within the county. Any such funds shall be divided among the school districts based upon the same percentages that each district's current assessed valuation is of the total assessed value for all eligible school districts if the district has outstanding debt that equals or exceeds the amount of its distribution. If the district does not have outstanding debt that equals or exceeds the amount of its distribution, any amount above the outstanding debt shall be reallocated to the remaining eligible districts. Any funds received before January 1, 1999, shall be distributed using the percentages calculated for 1998. The county treasurer shall apply the funds to any outstanding debt obligation selected by the respective school districts.
[ 1999 c 19 s 1.]

catchline: Federal funds designated for state schools—Use limited to reduction of outstanding debt obligations of school districts.


title: RCW 36.01.210

text:
(1) Each county functioning under chapter 36.56 RCW that owns or operates a rail fixed guideway public transportation system as defined in RCW 81.104.015 shall submit a system safety program plan and a system security and emergency preparedness plan for that guideway to the state department of transportation by September 1, 1999, or at least one hundred eighty calendar days before beginning operations or instituting significant revisions to its plans. These plans must describe the county's procedures for (a) reporting and investigating any reportable incident, accident, or security breach and identifying and resolving hazards or security vulnerabilities discovered during planning, design, construction, testing, or operations, (b) developing and submitting corrective action plans and annual safety and security audit reports, (c) facilitating on-site safety and security reviews by the state department of transportation and the federal transit administration, and (d) addressing passenger and employee safety and security. The plans must, at a minimum, conform to the standards adopted by the state department of transportation as set forth in the most current version of the Washington state rail safety oversight program standard manual as it exists on March 25, 2016, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section. If required by the department, the county shall revise its plans to incorporate the department's review comments within sixty days after their receipt, and resubmit its revised plans for review.
(2) Each county functioning under chapter 36.56 RCW shall implement and comply with its system safety program plan and system security and emergency preparedness plan. The county shall perform internal safety and security audits to evaluate its compliance with the plans, and submit its audit schedule to the department of transportation pursuant to the requirements in the most current version of the Washington state rail safety oversight program standard manual as it exists on March 25, 2016, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section. The county shall prepare an annual report for its internal safety and security audits undertaken in the prior year and submit it to the department no later than February 15th. The department shall establish the requirements for the annual report. The contents of the annual report must include, at a minimum, the dates the audits were conducted, the scope of the audit activity, the audit findings and recommendations, the status of any corrective actions taken as a result of the audit activity, and the results of each audit in terms of the adequacy and effectiveness of the plans.
(3) Each county shall notify the department of transportation, pursuant to the most current version of the Washington state rail safety oversight program standard manual as it exists on March 25, 2016, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section, any reportable incident, accident, security breach, hazard, or security vulnerability. The department may adopt rules further defining any reportable incident, accident, security breach, hazard, or security vulnerability. The county shall investigate any reportable incident, accident, security breach, hazard, or security vulnerability and provide a written investigation report to the department as described in the most current version of the Washington state rail safety oversight program standard manual as it exists on March 25, 2016, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section.
(4) The system security and emergency preparedness plan required in subsection (1) of this section is exempt from public disclosure under chapter 42.56 RCW. However, the system safety program plan as described in this section is not subject to this exemption.
[ 2016 c 33 s 4; 2007 c 422 s 3; 2005 c 274 s 268; 1999 c 202 s 3.]
Notes:
Effective date—2016 c 33: See note following RCW 81.104.115.
Effective date—1999 c 202: See note following RCW 35.21.228.

catchline: Rail fixed guideway public transportation system—Safety program plan and security and emergency preparedness plan.


title: RCW 36.01.220

text:
(1) A county shall transmit a copy of any permit issued to a tenant or the tenant's agent for a mobile home, manufactured home, or park model installation in a mobile home park to the landlord.
(2) A county shall transmit a copy of any permit issued to a person engaged in the business of moving or installing a mobile home, manufactured home, or park model in a mobile home park to the tenant and the landlord.
(3) As used in this section:
(a) "Landlord" has the same meaning as in RCW 59.20.030;
(b) "Mobile home park" has the same meaning as in RCW 59.20.030;
(c) "Mobile or manufactured home installation" has the same meaning as in *RCW 43.63B.010; and
(d) "Tenant" has the same meaning as in RCW 59.20.030.
[ 1999 c 359 s 20.]
Notes:
*Reviser's note: RCW 43.63B.010 was recodified as RCW 43.22A.010 pursuant to 2007 c 432 s 13.
Effective date—1999 c 359: See RCW 59.20.901.

catchline: Mobile home, manufactured home, or park model moving or installing—Copies of permits—Definitions.


title: RCW 36.01.225

text:
(1) A county may not adopt an ordinance that has the effect, directly or indirectly, of discriminating against consumers' choices in the placement or use of a home in such a manner that is not equally applicable to all homes. Homes built to 42 U.S.C. Sec. 5401-5403 standards (as amended in 2000) must be regulated for the purposes of siting in the same manner as site built homes, factory built homes, or homes built to any other state construction or local design standard. However, except as provided in subsection (2) of this section, any county may require that:
(a) A manufactured home be a new manufactured home;
(b) The manufactured home be set upon a permanent foundation, as specified by the manufacturer, and that the space from the bottom of the home to the ground be enclosed by concrete or an approved concrete product which can be either load bearing or decorative;
(c) The manufactured home comply with all local design standards applicable to all other homes within the neighborhood in which the manufactured home is to be located;
(d) The home is thermally equivalent to the state energy code; and
(e) The manufactured home otherwise meets all other requirements for a designated manufactured home as defined in RCW 35.63.160.
(2)(a) A county may not adopt an ordinance that has the effect, directly or indirectly, of restricting the location of manufactured/mobile homes in manufactured/mobile home communities, as defined in RCW 59.20.030, which were legally in existence before June 12, 2008, based exclusively on the age or dimensions of the manufactured/mobile home.
(b) A county may not prohibit the siting of a manufactured/mobile home on an existing lot based solely on lack of compliance with existing separation and setback requirements that regulate the distance between homes.
(c) A county is not precluded by (a) or (b) of this subsection from restricting the location of a manufactured/mobile home in manufactured/mobile home communities for any other reason including, but not limited to, failure to comply with fire, safety, or other local ordinances or state laws related to manufactured/mobile homes.
(3) A county may not adopt an ordinance that has the effect, directly or indirectly, of preventing the entry or requiring the removal of a recreational vehicle used as a primary residence in manufactured/mobile home communities, as defined in RCW 59.20.030, unless the recreational vehicle fails to comply with the fire, safety, or other local ordinances or state laws related to recreational vehicles.
(4) This section does not override any legally recorded covenants or deed restrictions of record.
(5) This section does not affect the authority granted under chapter 43.22 RCW.
[ 2019 c 390 s 16; 2009 c 79 s 3; 2008 c 117 s 3; 2004 c 256 s 4.]
Notes:
Finding—Intent—2019 c 390: See note following RCW 59.21.005.
Tax preference performance statement and expiration—2019 c 390: See note following RCW 84.36.560.
Findings—Intent—Effective date—2004 c 256: See notes following RCW 35.21.684.

catchline: Authority to regulate placement or use of homes—Regulation of manufactured homes—Restrictions on location of manufactured/mobile homes and entry or removal of recreational vehicles used as primary residences.


title: RCW 36.01.227

text:
Except for occupant limits on group living arrangements regulated under state law or on short-term rentals as defined in RCW 64.37.010 and any lawful limits on occupant load per square foot or generally applicable health and safety provisions as established by applicable building code or county ordinance, a county may not regulate or limit the number of unrelated persons that may occupy a household or dwelling unit.
[ 2021 c 306 s 7.]

catchline: County may not limit number of unrelated persons occupying a household or dwelling unit—Exceptions.


title: RCW 36.01.230

text:
A county may, acting through the county legislative authority, 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 8.]
Notes:
Finding—Intent—2003 c 327: See note following RCW 39.34.190.

catchline: Cooperative watershed management.


title: RCW 36.01.240

text:
A county or governmental entity subject to this title may not regulate the terms, conditions, or disclosures of any lawful financial transaction between a consumer and (1) a business or professional under the jurisdiction of the department of financial institutions, or (2) any financial institution as defined under *RCW 30.22.041.
[ 2005 c 338 s 4.]
Notes:
*Reviser's note: RCW 30.22.041 was recodified as RCW 30A.22.041 pursuant to 2014 c 37 s 4, effective January 5, 2015.
Finding—Intent—2005 c 338: See note following RCW 35.21.698.

catchline: Regulation of financial transactions—Limitations.


title: RCW 36.01.250

text:
(1) Any county authorized to acquire and operate utilities or conduct other proprietary or user or ratepayer funded activities may develop and make publicly available a plan for the county to reduce its greenhouse gases emissions or achieve no-net emissions from all sources of greenhouse gases that such county utility or proprietary or user or ratepayer funded activity owns, operates, leases, uses, contracts for, or otherwise controls.
(2) Any county authorized to acquire and operate utilities or conduct other proprietary or user or ratepayer funded activities may, as part of such utility or activity, reduce or mitigate the environmental impacts, such as greenhouse gases emissions, of such utility and other proprietary or user or ratepayer funded activity. The mitigation may include, but is not limited to, all greenhouse gases mitigation mechanisms recognized by independent, qualified organizations with proven experience in emissions mitigation activities. Mitigation mechanisms may include the purchase, trade, and banking of carbon offsets or credits. Ratepayer funds, fees, or other revenue dedicated to a county utility or other proprietary or user or ratepayer funded activity may be spent to reduce or mitigate the environmental impacts of greenhouse gases emitted as a result of that function. If a state greenhouse gases registry is established, the county that has purchased, traded, or banked greenhouse gases mitigation mechanisms under this section shall receive credit in the registry.
[ 2007 c 349 s 6.]
Notes:
Findings—Intent—2007 c 349 s 6: "The legislature finds and declares that greenhouse gases offset contracts, credits, and other greenhouse gases mitigation efforts are a recognized utility purpose that confers a direct benefit on the utility's ratepayers. The legislature also finds and declares that greenhouse gases offset contracts, credits, and other greenhouse gases mitigation efforts are a recognized purpose of other county proprietary activities that are funded by users and ratepayers, and that such mitigation efforts confer a direct benefit on such payers. The legislature declares that section 6 of this act is intended to reverse the result of Okeson v. City of Seattle (January 18, 2007), by expressly granting counties the statutory authority to engage in mitigation activities to offset the impact on the environment of their utilities and certain other proprietary and user and ratepayer funded activities." [ 2007 c 349 s 5.]

catchline: Environmental mitigation activities.


title: RCW 36.01.260

text:
(1) Any county may adopt urban forestry ordinances, as that term is defined in RCW 76.15.010, which the county must apply to new building or land development in the unincorporated portions of the county's urban growth areas, as that term is defined in RCW 36.70A.030, and may apply to other areas of the county as deemed appropriate by the county.
(2) As an alternative to subsection (1) of this section, a city or town may request that the county in which it is located apply to any new building or land development permit in the unincorporated portions of the urban growth areas, as defined in RCW 36.70A.030, the urban forestry ordinances standards adopted under RCW 76.15.090 by the city or town in the county located closest to the proposed building or development.
[ 2021 c 209 s 20; 2008 c 299 s 15.]
Notes:
Findings—Intent—2021 c 209: See note following RCW 76.15.005.
Short title—2008 c 299: See note following RCW 76.15.020.

catchline: Urban forestry ordinances.


title: RCW 36.01.270

text:
A county that issues a business license to a person required to be registered under chapter 18.27 RCW may verify that the person is registered under chapter 18.27 RCW and report violations to the department of labor and industries.
[ 2009 c 432 s 4.]
Notes:
Report—2009 c 432: See RCW 18.27.800.

catchline: Contractors—Authority of county to verify registration and report violations.


title: RCW 36.01.280

text:
The antidiscrimination provisions of RCW 49.60.500 apply to community athletics programs and facilities operated, conducted, or administered by a county.
[ 2009 c 467 s 7.]
Notes:
Findings—Declarations—2009 c 467: See note following RCW 49.60.500.

catchline: Community athletics programs—Sex discrimination prohibited.