title: RCW 36.78.090

text:
(1) Before May 1st of each year the board shall transmit to the state treasurer certificates of good practice on behalf of the counties which during the preceding calendar year:
(a) Have submitted to the state department of transportation or to the board all reports required by law or regulation of the board; and
(b) Have reasonably complied with provisions of law relating to county road administration and with the standards of good practice as formulated and adopted by the board.
(2) The board shall not transmit to the state treasurer a certificate of good practice on behalf of any county failing to meet the requirements of subsection (1) of this section, but the board shall in such case and before May 1st, notify the county and the state treasurer of its reasons for withholding the certificate.
(3) The state treasurer, upon receiving a notice that a certificate of good practice will not be issued on behalf of a county, or that a previously issued certificate of good practice has been revoked, shall, effective the first day of the month after that in which notice is received, withhold from such county its share of motor vehicle fuel taxes distributable pursuant to RCW 46.68.120 until the board thereafter issues on behalf of such county a certificate of good practice or a conditional certificate. After withholding or revoking a certificate of good practice with respect to any county, the board may thereafter at any time issue such a certificate or a conditional certificate when the board is satisfied that the county has complied or is diligently attempting to comply with the requirements of subsection (1) of this section.
(4) The board may, upon notice and a hearing, revoke a previously issued certificate of good practice or substitute a conditional certificate therefor when, after issuance of a certificate of good practice, any county fails to meet the requirements of subsection (1) (a) and (b) of this section, but the board shall in such case notify the county and the state treasurer of its reasons for the revocation or substitution.
(5) Motor vehicle fuel taxes withheld from any county pursuant to this section shall not be distributed to any other county, but shall be retained in the motor vehicle fund to the credit of the county originally entitled thereto. Whenever the state treasurer receives from the board a certificate of good practice issued on behalf of such county he or she shall distribute to such county all of the funds theretofore retained in the motor vehicle fund to the credit of such county.
[ 2009 c 549 s 4127; 1984 c 7 s 33; 1977 ex.s. c 257 s 1; 1965 ex.s. c 120 s 9.]

catchline: Certificates of good practice—Withholding of motor vehicle tax distribution.


doc_type: statute

jurisdiction: wa

title: RCW 36.78.100

text:
Whenever the board finds that a county has failed to submit the reports required by RCW 36.78.090, or has failed to comply with provisions of law relating to county road administration or has failed to meet the standards of good practice as formulated and adopted by the board, the board may in lieu of withholding or revoking a certificate of good practice issue and transmit to the state treasurer on behalf of such county a conditional certificate which will authorize the continued distribution to such county all or a designated portion of its share of motor vehicle fuel taxes. The issuance of such a conditional certificate shall be upon terms and conditions as shall be deemed by the board to be appropriate. In the event a county on whose behalf a conditional certificate is issued fails to comply with the terms and conditions of such certificate, the board may forthwith cancel or modify such certificate notifying the state treasurer thereof. In such case the state treasurer shall thereafter withhold from such county all or the designated portion of its share of the motor vehicle fuel taxes as provided in RCW 36.78.090.
[ 1977 ex.s. c 257 s 2; 1965 ex.s. c 120 s 10.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Conditional certificates.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 36.78.110

text:
All expenses incurred by the board including salaries of employees shall be paid upon voucher forms provided by the office of financial management or pursuant to a regular payroll signed by the chair and the executive director of the board. All expenses of the board shall be paid out of that portion of the motor vehicle fund allocated to the counties and withheld for use by the department of transportation and the county road administration board under the provisions of RCW 46.68.120(1), as now or hereafter amended.
[ 2009 c 549 s 4128; 1990 c 266 s 3; 1979 c 151 s 42; 1965 ex.s. c 120 s 11.]

catchline: Expenses to be paid from motor vehicle fund—Disbursement procedure.


title: RCW 36.78.121

text:
The county road administration board, or its successor entity, shall establish a standard of good practice for maintenance of transportation system assets. This standard must be implemented by all counties no later than December 31, 2007. The board shall develop a model maintenance management system for use by counties. The board shall develop rules to assist the counties in the implementation of this system. Counties shall annually submit their maintenance plans to the board. The board shall compile the county data regarding maintenance management and annually submit it to the office of financial management.
[ 2006 c 334 s 10; 2003 c 363 s 307.]
Notes:
Effective date—2006 c 334: See note following RCW 47.01.051.
Finding—Intent—2003 c 363: See note following RCW 35.84.060.
Part headings not law—Severability—2003 c 363: See notes following RCW 47.28.241.

catchline: Maintenance.


title: RCW 36.78.130

text:
(1) The board may create an emergency revolving loan program that is self-supporting in accordance with RCW 43.88.190. The board may award emergency loans to counties with a population of less than eight hundred thousand as of April 1, 2019, from the funds available in the county road administration board emergency loan account created in RCW 36.78.135 for emergency projects.
(2) Emergency projects are work of either a temporary or permanent nature which restores roads and bridges to a preemergency condition and may include reconstruction to current design standards. This work is the result of a sudden natural or man-made event which results in the destruction or severe damage to county roadway sections or structures such that, in the consideration of public safety and use, the roadway sections or structures must be immediately closed or substantially restricted to normal use. Work of an emergency nature is also beyond the scope of work done by a county in repairing damages normally or reasonably expected from seasonal or other natural conditions, and is beyond what would be considered maintenance.
(3) In order to obtain a loan under this section, there must be a county, state, or federal emergency proclamation declaring an emergency related to the event that caused the damage the emergency project intends to correct, and the county must agree to repay the loan with interest of not more than three percent. All repayment amounts must be deposited into the county road administration board emergency loan account.
(4) Any work performed on an emergency project funded in accordance with this section by county forces shall be exempt from the limits of RCW 36.77.065.
(5) Consistent with RCW 43.01.036, the board must submit a report to the legislature by December 1st of each even-numbered year identifying each project that received money from the county road administration board emergency loan account, the amount of the loan, the expected repayment terms of the loan, the expected date of repayment, and the loan repayment status. Each project should be reported about until the loan is repaid.
[ 2019 c 157 s 2.]
Notes:
Finding—Intent—2019 c 157: "The legislature finds there is a need for a county road emergency fund to pay for unexpected costs that arise from natural or man-made events that damage county road infrastructure so it is no longer functional. The legislature intends to provide access to a revolving loan emergency account to ensure that smaller counties have options to pay for repairs to restore transportation services in a timely manner." [ 2019 c 157 s 1.]

catchline: Emergency revolving loan program—Authority—Procedure—Report to the legislature.


title: RCW 36.78.135

text:
(1) The county road administration board emergency loan account is created in the custody of the state treasurer. The account consists of: (a) All receipts from loan repayments and (b) any other revenues derived from transfers, gifts, grants, or bequests to the board for emergency projects. Expenditures from the account may be used only for emergency loans to certain counties in accordance with RCW 36.78.130 and the related administrative costs. Only the board or its designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
(2) The state treasurer may invest and reinvest moneys in the county road administration board emergency loan account in the manner provided by law. All earnings from such investment and reinvestment must be credited to the account.
[ 2019 c 157 s 3.]
Notes:
Finding—Intent—2019 c 157: See note following RCW 36.78.130.

catchline: County road administration board emergency loan account.


title: RCW 36.79.010

text:
The definitions set forth in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Rural arterial program" means improvement projects on those county roads in rural areas classified as rural arterials and collectors in accordance with the federal functional classification system and the construction of replacement bridges funded by the federal bridge replacement program on access roads in rural areas.
(2) "Rural area" means every area of the state outside of areas designated as urban areas by the state transportation commission with the approval of the secretary of the United States department of transportation in accordance with federal law.
(3) "Board" means the county road administration board created by RCW 36.78.030.
[ 1997 c 81 s 1; 1988 c 26 s 1; 1983 1st ex.s. c 49 s 1.]

catchline: Definitions.


title: RCW 36.79.020

text:
There is created in the motor vehicle fund the rural arterial trust account. All moneys deposited in the motor vehicle fund to be credited to the rural arterial trust account shall be expended for (1) the construction and improvement of county rural arterials and collectors, (2) the construction of replacement bridges funded by the federal bridge replacement program on access roads in rural areas, and (3) those expenses of the board associated with the administration of the rural arterial program. During the 2025-2027 fiscal biennium, the rural arterial trust account may also be used for staffing-related expenses of the board, contracting costs, and grants associated with bridge ratings.
[ 2025 c 416 s 702; 1997 c 81 s 2; 1988 c 26 s 2; 1983 1st ex.s. c 49 s 2.]
Notes:
Effective date—2025 c 416: "Except for section 723 of this act, 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 takes effect immediately [May 20, 2025]." [ 2025 c 416 s 1302.]

catchline: Rural arterial trust account.


title: RCW 36.79.030

text:
For the purpose of apportioning rural arterial trust account funds, the state is divided into five regions as follows:
(1) The Puget Sound region includes those areas within the counties of King, Pierce, and Snohomish.
(2) The northwest region includes those areas within the counties of Clallam, Jefferson, Island, Kitsap, San Juan, Skagit, and Whatcom.
(3) The northeast region includes those areas within the counties of Adams, Chelan, Douglas, Ferry, Grant, Lincoln, Okanogan, Pend Oreille, Spokane, Stevens, and Whitman.
(4) The southeast region includes those areas within the counties of Asotin, Benton, Columbia, Franklin, Garfield, Kittitas, Klickitat, Walla Walla, and Yakima.
(5) The southwest region includes those areas within the counties of Clark, Cowlitz, Grays Harbor, Lewis, Mason, Pacific, Skamania, Thurston, and Wahkiakum.
[ 1983 1st ex.s. c 49 s 3.]

catchline: Apportionment of rural arterial trust account funds—Regions established.


title: RCW 36.79.040

text:
Funds available for expenditure by the board pursuant to RCW 36.79.020 shall be apportioned to the five regions for expenditure upon county arterials in rural areas in the following manner:
(1) One-third in the ratio which the land area of the rural areas of each region bears to the total land area of all rural areas of the state;
(2) Two-thirds in the ratio which the mileage of county arterials and collectors in rural areas of each region bears to the total mileage of county arterials and collectors in all rural areas of the state.
The board shall adjust the schedule for apportionment of such funds to the five regions in the manner provided in this section before the commencement of each fiscal biennium.
[ 1997 c 81 s 3; 1983 1st ex.s. c 49 s 4.]

catchline: Apportionment of rural arterial trust account funds—Apportionment formula.


title: RCW 36.79.050

text:
At the beginning of each fiscal biennium, the board shall establish apportionment percentages for the five regions defined in RCW 36.79.030 in the manner prescribed in RCW 36.79.040 for that biennium. The apportionment percentages shall be used once each calendar quarter by the board to apportion funds credited to the rural arterial trust account that are available for expenditure for rural arterial and collector projects and for construction of replacement bridges funded by the federal bridge replacement program on access roads in rural areas. The funds so apportioned shall remain apportioned until expended on construction projects in accordance with rules of the board. Within each region, funds shall be allocated by the board to counties for the construction of specific rural arterial and collector projects and construction of replacement bridges funded by the federal bridge replacement program on access roads in rural areas in accordance with the procedures set forth in this chapter.
[ 1997 c 81 s 4; 1988 c 26 s 3; 1983 1st ex.s. c 49 s 5.]

catchline: Apportionment of rural arterial trust account funds—Establishment of apportionment percentages.


title: RCW 36.79.060

text:
The board shall:
(1) Adopt rules necessary to implement the provisions of this chapter relating to the allocation of funds in the rural arterial trust account to counties;
(2) Adopt reasonably uniform design standards for county rural arterials and collectors that meet the requirements for trucks transporting commodities.
[ 1998 c 245 s 31; 1997 c 81 s 5; 1988 c 26 s 4; 1983 1st ex.s. c 49 s 6.]

catchline: Powers and duties of board.


title: RCW 36.79.070

text:
The board may contract with the department of transportation to furnish any necessary staff services and facilities required in the administration of the rural arterial program. The cost of such services that are attributable to the rural arterial program, together with travel expenses in accordance with RCW 43.03.050 and 43.03.060 of the members and all other lawful expenses of the board that are attributable to the rural arterial program, shall be paid from the rural arterial trust account in the motor vehicle fund.
[ 1983 1st ex.s. c 49 s 7.]

catchline: Board may contract with department of transportation for staff services and facilities.


title: RCW 36.79.080

text:
In preparing their respective six-year programs relating to rural arterial improvements, counties shall select specific priority improvement projects for each functional class of arterial based on the rating of each arterial section proposed to be improved in relation to other arterial sections within the same functional class, taking into account the following:
(1) Its structural ability to carry loads imposed upon it;
(2) Its capacity to move traffic at reasonable speeds;
(3) Its adequacy of alignment and related geometrics;
(4) Its accident experience; and
(5) Its fatal accident experience.
The six-year construction programs shall remain flexible and subject to annual revision as provided in RCW 36.81.121.
[ 1983 1st ex.s. c 49 s 8.]

catchline: Six-year program for rural arterial improvements—Selection of priority improvement projects.


title: RCW 36.79.090

text:
Upon receipt of a county's revised six-year program, the board as soon as practicable shall review and may revise the construction program as it relates to rural arterials and the construction of replacement bridges funded by the federal bridge replacement program on access roads in rural areas for which rural arterial trust account moneys are requested as necessary to conform to (1) the priority rating of the proposed project, based upon the factors in RCW 36.79.080, in relation to proposed projects in all other rural arterial construction programs submitted by the counties and within each region; and (2) the amount of rural arterial trust account funds that the board estimates will be apportioned to the region.
[ 1988 c 26 s 5; 1983 1st ex.s. c 49 s 10.]

catchline: Six-year program for rural arterial improvements—Review and revision by board.


title: RCW 36.79.100

text:
Whenever a rural arterial enters a city or town, the proper city or town and county officials shall jointly plan the improvement of the arterial in their respective long-range plans. Whenever a rural arterial connects with and will be substantially affected by a programmed construction project on a state highway, the proper county officials shall jointly plan the development of such arterial with the department of transportation district administrator. The board shall adopt rules encouraging the system development of county-city arterials in rural areas and rural arterials with state highways.
[ 1983 1st ex.s. c 49 s 9.]

catchline: Rural arterial improvements—Coordination with municipal and state projects.


title: RCW 36.79.110

text:
The county road administration board and the transportation improvement board shall jointly adopt rules to assure coordination of their respective programs especially with respect to projects proposed by the group of incorporated cities outside the boundaries of federally approved urban areas, and to encourage the system development of county-city arterials in rural areas.
[ 1988 c 167 s 7; 1983 1st ex.s. c 49 s 11.]
Notes:
Savings—Severability—1988 c 167: See notes following RCW 47.26.121.

catchline: Coordination of transportation improvement board and county road administration board.


title: RCW 36.79.120

text:
Counties receiving funds from the rural arterial trust account for construction of arterials and the construction of replacement bridges funded by the federal bridge replacement program on access roads in rural areas shall provide such matching funds as established by rules recommended by the board, subject to review, revision, and final approval by the office of financial management. Matching requirements shall be established after appropriate studies by the board, taking into account financial resources available to counties to meet arterial needs.
[ 2006 c 334 s 11; 1988 c 26 s 6; 1983 1st ex.s. c 49 s 12.]
Notes:
Effective date—2006 c 334: See note following RCW 47.01.051.

catchline: Rural arterial trust account—Matching funds.


title: RCW 36.79.130

text:
Not later than November 1st of each even-numbered year the board shall prepare and present to the office of financial management a recommended budget for expenditures from the rural arterial trust account during the ensuing biennium. The budget shall contain an estimate of the revenues to be credited to the rural arterial trust account.
The office of financial management shall review the budget as recommended, revise the budget as it deems proper, and include the budget as revised as a separate section of the transportation budget which it shall submit to the governor pursuant to chapter 43.88 RCW.
[ 2006 c 334 s 12; 1983 1st ex.s. c 49 s 13.]
Notes:
Effective date—2006 c 334: See note following RCW 47.01.051.

catchline: Recommended budget for expenditures from rural arterial trust account.


title: RCW 36.79.140

text:
At the time the board reviews the six-year program of each county each even-numbered year, it shall consider and shall approve for inclusion in its recommended budget, as required by RCW 36.79.130, the portion of the rural arterial construction program scheduled to be performed during the biennial period beginning the following July 1st. Subject to the appropriations actually approved by the legislature, the board shall as soon as feasible approve rural arterial trust account funds to be spent during the ensuing biennium for preliminary proposals in priority sequence as established pursuant to RCW 36.79.090. Only those counties that during the preceding twelve months have spent all revenues collected for road purposes only for such purposes, including removal of barriers to fish passage and accompanying streambed and stream bank repair as specified in RCW 36.82.070, and including traffic law enforcement, as are allowed to the state by Article II, section 40 of the state Constitution or RCW 36.82.070(2) are eligible to receive funds from the rural arterial trust account, except that: (1) Counties with a population of less than eight thousand are exempt from this eligibility restriction; (2) counties expending revenues collected for road purposes only on other governmental services after authorization from the voters of that county under RCW 84.55.050 are also exempt from this eligibility restriction; and (3) this restriction shall not apply to any moneys diverted from the road district levy under chapter 39.89 RCW. The board shall authorize rural arterial trust account funds for the construction project portion of a project previously authorized for a preliminary proposal in the sequence in which the preliminary proposal has been completed and the construction project is to be placed under contract. At such time the board may reserve rural arterial trust account funds for expenditure in future years as may be necessary for completion of preliminary proposals and construction projects to be commenced in the ensuing biennium.
The board may, within the constraints of available rural arterial trust funds, consider additional projects for authorization upon a clear and conclusive showing by the submitting county that the proposed project is of an emergent nature and that its need was unable to be anticipated at the time the six-year program of the county was developed. The proposed projects shall be evaluated on the basis of the priority rating factors specified in RCW 36.79.080.
[ 2015 c 223 s 2. Prior: 2001 c 221 s 2; 2001 c 212 s 26; 1997 c 81 s 6; 1991 c 363 s 84; 1990 c 42 s 104; 1984 c 113 s 1; 1983 1st ex.s. c 49 s 14.]
Notes:
Purpose—Intent—2001 c 221: "The legislature recognizes that projects that remove impediments to fish passage can greatly increase access to spawning and rearing habitat for depressed, threatened, and endangered fish stocks. Although counties are authorized to use county road funds to replace culverts and other barriers to fish passage, and may conduct streambed and stream bank restoration and stabilization work in conjunction with removal of these fish barriers, counties are reluctant to spend county road funds beyond the county right-of-way because it is unclear whether the use of road funds for this purpose is authorized. The purpose of this act is to clarify that streambed and stream bank restoration and stabilization activities conducted in conjunction with removal of existing barriers to fish passage within county rights-of-way constitute a county road purpose even if this work extends beyond the county right-of-way. The legislature intends this act to be permissive legislation. Nothing in this act is intended to create or impose a legal duty upon counties for salmon recovery work beyond the county right-of-way." [ 2001 c 221 s 1.]
Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180.
Purpose—Effective dates—Application—Implementation—1990 c 42: See notes following RCW 46.68.090.

catchline: Expenditures from rural arterial trust account—Approval by board.


title: RCW 36.79.150

text:
(1) Whenever the board approves a rural arterial project it shall determine the amount of rural arterial trust account funds to be allocated for such project. The allocation shall be based upon information contained in the six-year plan submitted by the county seeking approval of the project and upon such further investigation as the board deems necessary. The board shall adopt reasonable rules pursuant to which rural arterial trust account funds allocated to a project may be increased upon a subsequent application of the county constructing the project. The rules adopted by the board shall take into account, but shall not be limited to, the following factors: (a) The financial effect of increasing the original allocation for the project upon other rural arterial projects either approved or requested; (b) whether the project for which an additional allocation is requested can be reduced in scope while retaining a usable segment; (c) whether the original cost of the project shown in the applicant's six-year program was based upon reasonable engineering estimates; and (d) whether the requested additional allocation is to pay for an expansion in the scope of work originally approved.
(2) The board shall not allocate funds, nor make payments under RCW 36.79.160, to any county or city identified by the governor under RCW 36.70A.340.
[ 1991 sp.s. c 32 s 31; 1983 1st ex.s. c 49 s 15.]
Notes:
Section headings not law—1991 sp.s. c 32: See RCW 36.70A.902.

catchline: Allocation of funds to rural arterial projects—Subsequent application for increased allocation—Withholding of funds for noncompliance.


title: RCW 36.79.160

text:
(1) Upon completion of a preliminary proposal, the county submitting the proposal shall submit to the board its voucher for payment of the trust account share of the cost. Upon the completion of an approved rural arterial construction project, the county constructing the project shall submit to the board its voucher for the payment of the trust account share of the cost. The chair of the board or his or her designated agent shall approve such voucher when proper to do so, for payment from the rural arterial trust account to the county submitting the voucher.
(2) The board may adopt rules providing for the approval of payments of funds in the rural arterial trust account to a county for costs of preliminary proposal, and costs of construction of an approved project from time to time as work progresses. These payments shall at no time exceed the rural arterial trust account share of the costs of construction incurred to the date of the voucher covering the payment.
[ 2009 c 549 s 4129; 1983 1st ex.s. c 49 s 17.]

catchline: Payment of rural arterial trust account funds.


title: RCW 36.79.170

text:
The legislative body of any county feeling aggrieved by any action or decision of the board with respect to this chapter may appeal to the secretary of transportation by filing a notice of appeal within ninety days after the action or decision of the board. The notice shall specify the action or decision of which complaint is made. The secretary shall fix a time for a hearing on the appeal at the earliest convenient time and shall notify the county auditor and the chair of the board by certified mail at least twenty days before the date of the hearing. At the hearing the secretary shall receive evidence from the county filing the appeal and from the board. After the hearing the secretary shall make such order as in the secretary's judgment is just and proper.
[ 2009 c 549 s 4130; 1983 1st ex.s. c 49 s 18.]

catchline: County may appeal decision of board—Hearing.


title: RCW 36.79.901

text:
This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect on July 1, 1983.
[ 1983 1st ex.s. c 49 s 33.]

catchline: Effective date—1983 1st ex.s. c 49.


title: RCW 36.80.010

text:
The county legislative authority of each county shall employ a county road engineer on either a full-time or part-time basis, or may contract with another county for the engineering services of a county road engineer from such other county.
[ 2002 c 9 s 1; 1997 c 147 s 1; 1991 c 363 s 85; 1984 c 11 s 1; 1980 c 93 s 1; 1969 ex.s. c 182 s 6; 1963 c 4 s 36.80.010. Prior: 1943 c 73 s 1, part; 1937 c 187 s 4, part; Rem. Supp. 1943 s 6450-4, part.]
Notes:
Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180.

catchline: Employment of road engineer.


title: RCW 36.80.015

text:
The county road engineer shall keep an office at the county seat. The records under the authority of the county road engineer shall be public records, shall be subject to the control of the county road engineer, and shall at all proper times be open to the inspection and examination of the public.
[ 2016 c 19 s 3; 2009 c 105 s 5; 1963 c 4 s 36.80.015. Prior: 1955 c 9 s 1; prior: 1895 c 77 s 10; RRS s 4148.]
Notes:
Intent—2016 c 19: See note following RCW 36.87.120.

catchline: Office at county seat—Records.


title: RCW 36.80.020

text:
He or she shall be a registered and licensed professional civil engineer under the laws of this state, duly qualified and experienced in highway and road engineering and construction. He or she shall serve at the pleasure of the board.
Before entering upon his or her employment, every county road engineer shall give an official bond to the county in such amount as the board shall determine, conditioned upon the fact that he or she will faithfully perform all the duties of his or her employment and account for all property of the county entrusted to his or her care.
[ 2009 c 549 s 4132; 1969 ex.s. c 182 s 7; 1963 c 4 s 36.80.020. Prior: 1943 c 73 s 1, part; 1937 c 187 s 4, part; Rem. Supp. 1943 s 6450-4, part.]

catchline: Qualifications—Bond.


title: RCW 36.80.030

text:
The county road engineer shall certify to the board and has authority over all estimates and all bills for labor, materials, provisions, and supplies with respect to county roads, prepare standards of construction of roads and bridges, and perform such other duties as may be required by order of the board.
He or she shall have supervision, under the direction of the board, of establishing, laying out, constructing, altering, improving, repairing, and maintaining all county roads of the county.
[ 2016 c 19 s 4; 2009 c 549 s 4133; 1969 ex.s. c 182 s 8; 1963 c 4 s 36.80.030. Prior: 1943 c 73 s 1, part; 1937 c 187 s 4, part; Rem. Supp. 1943 s 6450-4, part.]
Notes:
Intent—2016 c 19: See note following RCW 36.87.120.

catchline: Duties of engineer.


title: RCW 36.80.040

text:
The office of county engineer shall be an office of record. The county road engineer shall: Record and has authority over all matters concerning the public roads, highways, bridges, ditches, or other surveys of the county, with the original papers, documents, petitions, surveys, repairs, and other papers, in order to have the complete history of any such road, highway, bridge, ditch, or other survey; and number each construction or improvement project. Records related to roads or rights-of-way annexed or transferred to other jurisdictions may be transferred to those jurisdictions. Records related to transitory or maintenance activities shall be kept according to record retention schedules. The county engineer is not required to retain and file financial documents retained and filed in other departments in the county.
[ 2016 c 19 s 5; 1995 c 194 s 8; 1969 ex.s. c 182 s 9; 1963 c 4 s 36.80.040. Prior: 1907 c 160 s 4; RRS s 4147.]
Notes:
Intent—2016 c 19: See note following RCW 36.87.120.

catchline: Records to be kept.


title: RCW 36.80.050

text:
He or she shall ensure that a highway plat record is kept and is publicly accessible, in which he or she shall have accurately platted all public roads and highways established by the board.
[ 2016 c 19 s 6; 2009 c 549 s 4134; 1963 c 4 s 36.80.050. Prior: 1907 c 160 s 2; RRS s 4149.]
Notes:
Intent—2016 c 19: See note following RCW 36.87.120.

catchline: Highway plat record.


title: RCW 36.80.060

text:
The county road engineer shall maintain and has authority over complete and accurate records of all expenditures for (1) administration, (2) bond and warrant retirement, (3) maintenance, (4) construction, (5) purchase and operation of road equipment, and (6) purchase or manufacture of materials and supplies, and shall maintain a true and complete inventory of all road equipment. Records may be physically archived with other county records that are available to the public. The state auditor, with the advice and assistance of the county road administration board, shall prescribe forms and types of records to be maintained by the county road engineers.
[ 2016 c 19 s 7; 2009 c 549 s 4135; 1969 ex.s. c 182 s 10; 1963 c 4 s 36.80.060. Prior: 1949 c 156 s 2; Rem. Supp. 1949 s 6450-8b.]
Notes:
Intent—2016 c 19: See note following RCW 36.87.120.

catchline: Engineer to maintain records of expenditures for equipment, etc.—Inventory—Physical archival—Public availability.


title: RCW 36.80.070

text:
All road construction work, except minor construction work, which by its nature does not require plans and specifications, whether performed pursuant to contract or by day labor, shall be in accordance with plans and specifications prepared therefor by or under direct supervision of the county road engineer.
[ 1969 ex.s. c 182 s 11; 1963 c 4 s 36.80.070. Prior: 1949 c 156 s 3; Rem. Supp. 1949 s 6450-8c.]

catchline: Plans and specifications to be prepared.


title: RCW 36.80.080

text:
The state auditor shall annually make a cost-audit examination of the books and records of the county road engineer and make a written report thereon to the county legislative authority. The expense of the examination shall be paid from the county road fund.
[ 1995 c 301 s 69; 1985 c 120 s 3; 1984 c 7 s 34; 1963 c 4 s 36.80.080. Prior: 1957 c 146 s 1.]
Notes:
Effective date—1985 c 120 s 3: "Section 3 of this act shall take effect July 1, 1987." [ 1985 c 120 s 4.]

catchline: Cost-audit examination by state auditor—Expense.


title: RCW 36.81.010

text:
The board may by original resolution entered upon its minutes declare its intention to establish any county road in the county and declare that it is a public necessity and direct the county road engineer to report upon such project.
[ 1963 c 4 s 36.81.010. Prior: 1937 c 187 s 19; RRS s 6450-19.]

catchline: Resolution of intention and necessity.


title: RCW 36.81.020

text:
Ten or more freeholders of any county may petition the board for the establishment of a county road in the vicinity of their residence, setting forth and describing the general course and terminal points of the proposed improvement and stating that the same is a public necessity. The petition must be accompanied by a bond in the penal sum of three hundred dollars, payable to the county, executed by one or more persons as principal or principals, with two or more sufficient sureties, conditioned that the petitioners will pay into the county road fund of the county all costs and expenses incurred by the county in examining and surveying the proposed road and in the proceedings thereon in case the road is not established by reason of its being impracticable or there not being funds therefor.
[ 1963 c 4 s 36.81.020. Prior: 1937 c 187 s 20, part; RRS s 6450-20, part.]

catchline: Freeholders' petition—Bond.


title: RCW 36.81.030

text:
The board may require the petitioners to secure deeds and waivers of damages for the right-of-way from the landowners, and, in such case, before an examination or survey by the county road engineer is ordered, such deeds and waivers shall be filed with the board.
[ 1963 c 4 s 36.81.030. Prior: 1937 c 187 s 20, part; RRS s 6450-20, part.]

catchline: Deeds and waivers.


title: RCW 36.81.040

text:
Upon the filing of the petition and bond and being satisfied that the petition has been signed by freeholders residing in the vicinity of the proposed road, the board shall direct the county road engineer to report upon the project.
[ 1963 c 4 s 36.81.040. Prior: 1937 c 187 s 20, part; RRS s 6450-20, part.]

catchline: Action on petition.


title: RCW 36.81.050

text:
Whenever directed by the board to report upon the establishment of a county road the engineer shall make an examination of the road and if necessary a survey thereof. After examination, if the engineer deems the road to be impracticable, he or she shall so report to the board without making any survey, or he or she may examine or examine and survey any other practicable route which would serve such purpose. Whenever he or she considers any road as proposed or modified as practicable, he or she shall report thereon in writing to the board giving his or her opinion: (1) As to the necessity of the road; (2) as to the proper terminal points, general course and length thereof; (3) as to the proper width of right-of-way therefor; (4) as to the estimated cost of construction, including all necessary bridges, culverts, clearing, grubbing, drainage, and grading; (5) and such other facts as he or she may deem of importance to be considered by the board.
[ 2009 c 549 s 4136; 1963 c 4 s 36.81.050. Prior: 1937 c 187 s 21, part; RRS s 6450-21, part.]

catchline: Engineer's report.


title: RCW 36.81.060

text:
The county road engineer shall file with his or her report a correctly prepared map of the road as surveyed, which map must show the tracts of land over which the road passes, with the names, if known, of the several owners thereof, and he or she shall file therewith his or her field notes and profiles of such survey.
[ 2009 c 549 s 4137; 1963 c 4 s 36.81.060. Prior: 1937 c 187 s 21, part; RRS s 6450-21, part.]

catchline: Survey map, field notes and profiles.


title: RCW 36.81.070

text:
The board shall fix a time and place for hearing the report of the engineer and cause notice thereof to be published once a week for two successive weeks in the county official newspaper and to be posted for at least twenty days at each termini of the proposed road.
The notice shall set forth the termini of the road as set out in the resolution of the board, or the freeholders' petition, as the case may be, and shall state that all persons interested may appear and be heard at such hearing upon the report and recommendation of the engineer either to proceed or not to proceed with establishing the road.
[ 1963 c 4 s 36.81.070. Prior: 1937 c 187 s 22, part; RRS s 6450-22, part.]

catchline: Notice of hearing on report.


title: RCW 36.81.080

text:
On the day fixed for the hearing or any day to which the hearing has been adjourned, upon proof to its satisfaction made by affidavit of due publication and posting of the notice of hearing, the board shall consider the report and any and all evidence relative thereto, and if the board finds that the proposed county road is a public necessity and practicable it may establish it by proper resolution.
[ 1963 c 4 s 36.81.080. Prior: 1937 c 187 s 22, part; RRS s 6450-22, part.]

catchline: Hearing—Road established by resolution.


title: RCW 36.81.090

text:
The cost and expense of the road, together with cost of proceedings thereon and of right-of-way and any quarries or other land acquired therefor, and the maintenance of the road shall be paid out of the county road fund. When the costs are assessed against the principals on the bond given in connection with a petition for the improvement, the county auditor shall file a cost bill with the county treasurer who shall proceed to collect it.
[ 1963 c 4 s 36.81.090. Prior: (i) 1937 c 187 s 22, part; RRS s 6450-22, part. (ii) 1937 c 187 s 20, part; RRS s 6450-20, part.]

catchline: Expense of proceedings.


title: RCW 36.81.100

text:
The board of any county may establish county roads over, across or along any dike maintained by any diking, or diking and drainage, district in the manner provided by law for establishing county roads over or across private property, and shall determine and offer the amount of damages, if any, to the district and to the owners of the land upon which the dike is constructed and maintained: PROVIDED, That every such county road must be so constructed, maintained, and used as not to impair the use of the dike.
[ 1963 c 4 s 36.81.100. Prior: 1937 c 187 s 15; RRS s 6450-15.]

catchline: County road on or over dikes.


title: RCW 36.81.110

text:
If any offer of damages to any diking, or diking and drainage, district is not accepted in the manner provided by law, it shall be deemed rejected, and the board by order, shall direct condemnation proceedings to procure the right-of-way to be instituted in the superior court of the county by the prosecuting attorney in the manner provided by law for the taking of private property for public use, and to that end the board may institute and maintain in the name of the county such proceedings against the diking, or diking and drainage, district and the owners of any land on which the dike is located and that have failed to accept the offer of damages made by the board: PROVIDED, That no taxes or assessments shall be charged or collected by any diking, or diking and drainage, district for any county road as provided in this section.
[ 1963 c 4 s 36.81.110. Prior: 1937 c 187 s 16; RRS s 6450-16.]

catchline: County road on or over dikes—Condemnation for dike roads.


title: RCW 36.81.121

text:
(1) At any time before adoption of the budget, the legislative authority of each county, after one or more public hearings thereon, shall prepare and adopt a comprehensive transportation program for the ensuing six calendar years. If the county has adopted a comprehensive plan pursuant to chapter 35.63 or 36.70 RCW, the inherent authority of a charter county derived from its charter, or chapter 36.70A RCW, the program shall be consistent with this comprehensive plan.
The program shall include proposed road and bridge construction work and other transportation facilities and programs deemed appropriate, and for those counties operating ferries shall also include a separate section showing proposed capital expenditures for ferries, docks, and related facilities. The program shall include any new or enhanced bicycle or pedestrian facilities identified pursuant to RCW 36.70A.070(6) or other applicable changes that promote nonmotorized transit. Copies of the program shall be filed with the county road administration board and with the state secretary of transportation not more than thirty days after its adoption by the legislative authority. The purpose of this section is to assure that each county shall perpetually have available advanced plans looking to the future for not less than six years as a guide in carrying out a coordinated transportation program. The program may at any time be revised by a majority of the legislative authority but only after a public hearing thereon.
(2) Each six-year transportation program forwarded to the secretary in compliance with subsection (1) of this section shall contain information as to how a county will expend its moneys, including funds made available pursuant to chapter 47.30 RCW, for nonmotorized transportation purposes.
(3) Each six-year transportation program forwarded to the secretary in compliance with subsection (1) of this section shall contain information as to how a county shall act to preserve railroad right-of-way in the event the railroad ceases to operate in the county's jurisdiction.
(4) The six-year plan for each county shall specifically set forth those projects and programs of regional significance for inclusion in the transportation improvement program within that region.
[ 2005 c 360 s 3; 1997 c 188 s 1. Prior: 1994 c 179 s 2; 1994 c 158 s 8; 1990 1st ex.s. c 17 s 58; 1988 c 167 s 8; 1983 1st ex.s. c 49 s 20; prior: 1975 1st ex.s. c 215 s 2; 1975 1st ex.s. c 21 s 3; 1967 ex.s. c 83 s 26; 1963 c 4 s 36.81.121; prior: 1961 c 195 s 1.]
Notes:
Findings—Intent—2005 c 360: See note following RCW 36.70A.070.
Captions not law—Severability—Effective date—1994 c 158: See RCW 47.80.902 through 47.80.904.
Severability—Part, section headings not law—1990 1st ex.s. c 17: See RCW 36.70A.900 and 36.70A.901.
Savings—Severability—1988 c 167: See notes following RCW 47.26.121.
Effective date—1983 1st ex.s. c 49: See RCW 36.79.901.
Effective dates—1967 ex.s. c 83: See RCW 47.26.910.
Highways, roads, streets in urban areas, urban arterials, development: Chapter 47.26 RCW.
Long range arterial construction planning, counties and cities to prepare data: RCW 47.26.170.

catchline: Perpetual advanced six-year plans for coordinated transportation program, expenditures—Nonmotorized transportation—Railroad right-of-way.


title: RCW 36.81.122

text:
The annual revision and extension of comprehensive road programs pursuant to RCW 36.81.121 shall include consideration of and, wherever reasonably practicable, provisions for bicycle paths, lanes, routes, and roadways: PROVIDED, That no provision need be made for such a path, lane, route, or roadway where the cost of establishing it would be excessively disproportionate to the need or probable use.
[ 1974 ex.s. c 141 s 9.]

catchline: Provisions for bicycle paths, lanes, routes, roadways and improvements to be included in annual revision or extension of comprehensive road programs—Exception.


title: RCW 36.81.130

text:
The laying out, construction, and maintenance of all county roads shall hereafter be in accordance with the following procedure:
On or before the first Monday in October of each year each county road engineer shall file with the county legislative authority a recommended plan for the laying out, construction, and maintenance of county roads for the ensuing fiscal year. Such recommended plan need not be limited to but shall include the following items: Recommended projects, including capital expenditures for ferries, docks, and related facilities, and their priority; the estimated cost of all work, including labor and materials for each project recommended; a statement as to whether such work is to be done by the county forces or by publicly advertised contract; a list of all recommended purchases of road equipment, together with the estimated costs thereof. Amounts to be expended for maintenance shall be recommended, but details of these proposed expenditures shall not be made. The recommended plan shall conform as nearly as practicable to the county's long range road program.
After filing of the road engineer's recommended plan, the county legislative authority shall consider the same. Revisions and changes may be made until a plan which is agreeable to a majority of the members of the county legislative authority has been adopted: PROVIDED, That such revisions shall conform as nearly as practicable to the county's long range road program. Any appropriations contained in the county road budget shall be void unless the county's road plan was adopted prior to such appropriation.
The final road plan for the fiscal year shall not thereafter be changed except by unanimous vote of the county legislative authority.
[ 2005 c 162 s 2; 1991 c 363 s 86; 1975 1st ex.s. c 21 s 4; 1963 c 4 s 36.81.130. Prior: 1949 c 156 s 7; Rem. Supp. 1949 s 6450-8f.]
Notes:
Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180.

catchline: Procedure specified for establishment, construction, and maintenance.


title: RCW 36.81.140

text:
When plats or blocks of farm units have been or are filed under the provisions of chapter 89.12 RCW which contain a system of county roads, or when a supplemental plat of a system of county roads to serve such a plat is filed in connection therewith, the filing period and formal approval by the board of county commissioners shall constitute establishment as county roads: PROVIDED, That the board of county commissioners have obtained the individual rights-of-way by deed or as otherwise provided by law.
[ 1963 c 4 s 36.81.140. Prior: 1953 c 199 s 1.]

catchline: Columbia Basin project road systems—Establishment by plat.


title: RCW 36.82.010

text:
There is created in each county of the state a county fund to be known as the "county road fund." Any funds which accrue to any county for use upon county roads, shall be credited to and deposited in the county road fund.
[ 1969 ex.s. c 182 s 12; 1963 c 4 s 36.82.010. Prior: 1943 c 82 s 2, part; 1937 c 187 s 6, part; Rem. Supp. 1943 s 6450-6, part.]

catchline: "County road fund" created.


title: RCW 36.82.020

text:
Any funds accruing to and to be deposited in the county road fund arising from any levy in any road district shall be expended for proper county road purposes.
[ 1991 c 363 s 87; 1963 c 4 s 36.82.020. Prior: 1943 c 82 s 2, part; 1937 c 187 s 6, part; Rem. Supp. 1943 s 6450-6, part.]
Notes:
Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180.

catchline: County road fund—Limitation upon expenditures.


title: RCW 36.82.040

text:
For the purpose of raising revenue for establishing, laying out, constructing, altering, repairing, improving, and maintaining county roads, bridges, and wharves necessary for vehicle ferriage and for other proper county purposes, the board shall annually at the time of making the levy for general purposes make a uniform tax levy throughout the county, or any road district thereof, of not to exceed two dollars and twenty-five cents per thousand dollars of assessed value of the last assessed valuation of the taxable property in the county, or road district thereof, unless other law of the state requires a lower maximum levy, in which event such lower maximum levy shall control. All funds accruing from such levy shall be credited to and deposited in the county road fund except that revenue diverted under RCW 36.33.220 shall be placed in a separate and identifiable account within the county current expense fund and except that revenue diverted under chapter 39.89 RCW shall be expended as provided under chapter 39.89 RCW.
[ 2001 c 212 s 27; 1973 1st ex.s. c 195 s 41; 1971 ex.s. c 25 s 2; 1963 c 4 s 36.82.040. Prior: 1937 c 187 s 7; RRS s 6450-7.]
Notes:
Severability—Effective dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
Severability—1971 ex.s. c 25: See note following RCW 36.33.220.

catchline: General tax levy for road fund—Exceptions.


title: RCW 36.82.050

text:
Any funds accruing to the credit of any county from the motor vehicle fund shall be paid monthly to the county treasurer and deposited in the county road fund.
[ 1963 c 4 s 36.82.050. Prior: 1937 c 187 s 8, part; RRS s 6450-8, part.]

catchline: Receipts from motor vehicle fund to road fund.


title: RCW 36.82.060

text:
Any funds accruing to any county by way of reimbursement by the federal government for expenditures made from the county road fund of such county for any proper county road purpose shall be credited to and deposited in the county road fund.
[ 1963 c 4 s 36.82.060. Prior: 1937 c 187 s 8, part; RRS s 6450-8, part.]

catchline: Federal reimbursement to road fund.


title: RCW 36.82.070

text:
(1) Any money paid to any county road fund may be used for the construction, alteration, repair, improvement, or maintenance of county roads and bridges thereon and for wharves necessary for ferriage of motor vehicle traffic, and for ferries, and for the acquiring, operating, and maintaining of machinery, equipment, quarries, or pits for the extraction of materials, and for the cost of establishing county roads, acquiring rights-of-way therefor, and expenses for the operation of the county engineering office, and for any of the following programs when directly related to county road purposes: (a) Insurance; (b) self-insurance programs; and (c) risk management programs; and for any other proper county road purpose. Such expenditure may be made either independently or in conjunction with the state or any city, town, or tax district within the county. County road purposes include the construction, maintenance, or improvement of park and ride lots. County road purposes also include the removal of barriers to fish passage related to county roads, and include, but are not limited to, the following activities associated with the removal of these barriers: Engineering and technical services; stream bank stabilization; streambed restoration; the placement of weirs, rock, or woody debris; planting; and channel modification. County road funds may be used beyond the county right-of-way for activities clearly associated with removal of fish passage barriers that are the responsibility of the county. Activities related to the removal of barriers to fish passage performed beyond the county right-of-way must not exceed twenty-five percent of the total cost of activities related to fish barrier removal on any one project, and the total annual cost of activities related to the removal of barriers to fish passage performed beyond the county rights-of-way must not exceed one-half of one percent of a county's annual road construction budget. The use of county road funds beyond the county right-of-way for activities associated with the removal of fish barriers is permissive, and wholly within the discretion of the county legislative authority. The use of county road funds beyond the county right-of-way for such activities does not create or impose a legal duty upon a county for salmon recovery work beyond the county right-of-way.
(2) For counties that consist entirely of islands, county road purposes also include marine uses relating to navigation and moorage. Such a county may deposit revenue collected under RCW 84.52.043 and 36.82.040, in the amount or percentage determined by the county, into a subaccount within the county road fund to be used for marine facilities, including mooring buoys, docks, and aids to navigation.
[ 2015 c 223 s 1; 2010 c 43 s 1; 2001 c 221 s 3; 1997 c 189 s 1; 1963 c 4 s 36.82.070. Prior: 1943 c 82 s 5, part; 1937 c 187 s 53, part; Rem. Supp. 1943 s 6450-53, part.]
Notes:
Removal of fish barriers—2001 2nd sp.s. c 14: "Notwithstanding the limitations of RCW 36.82.070 and 2001 c 221 s 3, county road funds may be used during this biennium beyond the county right-of-way for activities clearly associated with removal of fish passage barriers that are the responsibility of the county in the amount deemed appropriate by the county." [ 2001 2nd sp.s. c 14 s 609.]
Purpose—Intent—2001 c 221: See note following RCW 36.79.140.

catchline: Purpose for which road fund can be used.


title: RCW 36.82.075

text:
Whenever a county legislative authority enters into a cooperative agreement with a conservation district as provided in chapter 89.08 RCW, the agreement may specify that the county will participate in the cost of any project which can be anticipated to result in a substantial reduction of the amount of soil deposited in a specifically described roadside ditch normally maintained by the county. The amount of participation by the county through the county road fund shall not exceed fifty percent of the project cost and shall be limited to those engineering and construction costs incurred during the initial construction or reconstruction of the project.
[ 1985 c 369 s 9.]

catchline: Use of county road funds in cooperative agreement with conservation district.


title: RCW 36.82.080

text:
The payment of interest or principal on general obligation county road bonds, or retirement of registered warrants both as to principal and interest when such warrants have been issued for a proper county road purpose, are declared to be a proper county road purpose.
[ 1979 ex.s. c 30 s 4; 1963 c 4 s 36.82.080. Prior: 1943 c 82 s 5, part; 1937 c 187 s 53, part; Rem. Supp. 1943 s 6450-53, part.]

catchline: Purpose for which road fund can be used—Payment of bond or warrant interest and principal.


title: RCW 36.82.090

text:
The board may expend funds from the county road fund or register warrants against the county road fund in anticipation of funds to be paid to the county from the motor vehicle fund.
[ 1963 c 4 s 36.82.090. Prior: 1943 c 82 s 6; 1937 c 187 s 54; Rem. Supp. 1943 s 6450-54.]

catchline: Anticipation warrants against road fund.


title: RCW 36.82.100

text:
The boards of the several counties may purchase and operate, out of the county road fund, rock crushing, gravel, or other road building material extraction equipment.
Any crushed rock, gravel, or other road building material extracted and not directly used or needed by the county in the construction, alteration, repair, improvement, or maintenance of its roads may be sold at actual cost of production by the board to the state or any other county, city, town, or other political subdivision to be used in the construction, alteration, repair, improvement, or maintenance of any state, county, city, town or other proper highway, road or street purpose: PROVIDED, That in counties of less than twelve thousand five hundred population as determined by the 1950 federal census, the boards of commissioners, during such times as the crushing, loading or mixing equipment is actually in operation, or from stockpiles, may sell at actual cost of production such surplus crushed rock, gravel, or other road building material to any other person for private use where the place of contemplated use of such crushed rock, gravel or other road building material is more than fifteen miles distant from the nearest private source of such materials within the county, distance being computed by the closest traveled route: AND PROVIDED FURTHER, That the purchaser presents, at or before the time of delivery to him or her, a treasurer's receipt for payment for such surplus crushed rock, gravel, or any other road building material.
[ 2009 c 549 s 4138; 1963 c 4 s 36.82.100. Prior: 1953 c 172 s 1; 1937 c 187 s 44, part; RRS s 6450-44, part.]

catchline: Purchases of road material extraction equipment—Sale of surplus materials.


title: RCW 36.82.110

text:
Upon voluntary contribution and payment by any person for the actual cost thereof, such person or legislative authority upon the approval of maps, plans, specifications and guaranty bonds as may be required, may place crushed rock gravel or other road building material or make improvements upon any county road. Such work shall be done in accordance with adopted county standards under the supervision of and direction of the county engineer.
[ 1982 c 145 s 7; 1963 c 4 s 36.82.110. Prior: 1937 c 187 s 44, part; RRS s 6450-44, part.]

catchline: Voluntary contributions for improvements to county roads—Standards.


title: RCW 36.82.120

text:
All proceeds from the sale or placing of any crushed rock, gravel or other road building material shall be deposited in the county road fund to be expended under the same provisions as are by law imposed upon the funds used to produce the crushed rock, gravel, or other road building material extracted and sold.
[ 1963 c 4 s 36.82.120. Prior: 1937 c 187 s 44, part; RRS s 6450-44, part.]

catchline: Purchases of road material extraction equipment—Proceeds to road fund.


title: RCW 36.82.140

text:
The board may maintain any forest roads within its county and expend for the maintenance thereof funds accruing to the county road fund.
[ 1963 c 4 s 36.82.140. Prior: 1937 c 187 s 45; RRS s 6450-45.]

catchline: Forest roads may be maintained from road fund.


title: RCW 36.82.145

text:
Any funds deposited in the county road fund may be used for the construction, maintenance, or improvement of bicycle paths, lanes, routes, and roadways, and for improvements to make existing streets and roads more suitable and safe for bicycle traffic. Bicycle facilities constructed or modified after December 31, 2012, shall meet or exceed the standards adopted by the design standards committee under RCW 43.32.020.
[ 2012 c 67 s 5; 1982 c 55 s 3; 1974 ex.s. c 141 s 8.]
Notes:
Intent—2012 c 67: See note following RCW 35.75.060.

catchline: Bicycle paths, lanes, routes, etc., may be constructed, maintained, or improved from county road fund—Standards.


title: RCW 36.82.148

text:
Any county may use any funds available for street or road construction, maintenance, or improvement for building, improving, and maintaining a pedestrian right-of-way and for improvements to make existing streets and roads more suitable and safe for pedestrian travel. Any such paths, lanes, roadways, routes, or streets for which any such street or road funds are expended must be suitable for pedestrian travel purposes and not solely for recreation purposes. A pedestrian right-of-way constructed or modified after December 31, 2012, must meet or exceed the standards adopted by the design standards committee under RCW 43.32.020.
[ 2012 c 67 s 6.]
Notes:
Intent—2012 c 67: See note following RCW 35.75.060.

catchline: Use of street and road funds for pedestrian rights-of-way—Standards.


title: RCW 36.82.160

text:
Each county legislative authority, with the assistance of the county road engineer, shall prepare and file with the county auditor on or before the second Monday in August in each year, detailed and itemized estimates of all expenditures required in the county for the ensuing fiscal year. In the preparation and adoption of the county road budget the legislative authority shall determine and budget sums to become available for the following county road purposes: (1) Administration; (2) bond and warrant retirement; (3) maintenance; (4) construction; (5) operation of equipment rental and revolving fund; and (6) such other items relating to the county road budget as may be required by the county road administration board; and the respective amounts as adopted for these several items in the final budget for the ensuing calendar year shall not be altered or exceeded except as by law provided.
[ 1991 c 363 s 88; 1969 ex.s. c 182 s 14; 1963 c 4 s 36.82.160. Prior: 1949 c 156 s 6, part; 1943 c 82 s 7, part; 1937 c 187 s 56, part; Rem. Supp. 1949 s 6450-56, part.]
Notes:
Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180.

catchline: County road budget—Road budget to be prepared—Estimates of expenditures.


title: RCW 36.82.170

text:
Upon the final adoption of the county road budgets of the several counties, the county legislative authorities shall file a copy thereof in the office of the department of transportation.
[ 1984 c 7 s 36; 1963 c 4 s 36.82.170. Prior: 1949 c 156 s 6, part; 1943 c 82 s 7, part; 1937 c 187 s 56, part; Rem. Supp. 1949 s 6450-56, part.]

catchline: County road budget—Budget as adopted filed with department of transportation.


title: RCW 36.82.180

text:
If any funds are paid to any county from the motor vehicle fund in excess of the amount estimated by the department of transportation and the excess funds have not been included by the county legislative authority in the then current county road budget or if funds become available from other sources upon a matching basis or otherwise and it is impracticable to adhere to the provisions of the county road budget, the legislative authority may by unanimous consent, consider and adopt a preliminary supplemental budget covering the excess funds for the remainder of the current fiscal year.
[ 1984 c 7 s 37; 1963 c 4 s 36.82.180. Prior: 1949 c 156 s 6, part; 1943 c 82 s 7, part; 1937 c 187 s 56, part; Rem. Supp. 1949 s 6450-56, part.]

catchline: County road budget—Preliminary supplemental budget.


title: RCW 36.82.190

text:
The county legislative authority shall then publish a notice setting day of hearing for the adoption of the final supplemental budget covering the excess funds, designating the time and place of hearing and that anyone may appear thereat and be heard for or against any part of the preliminary supplemental budget. The notice shall be published once a week for two consecutive weeks immediately following the adoption of the preliminary supplemental budget in the official newspaper of the county. The county legislative authority shall provide a sufficient number of copies of the preliminary supplemental budget to meet reasonable public demands and they shall be available not later than two weeks immediately preceding the hearing.
[ 1985 c 469 s 50; 1963 c 4 s 36.82.190. Prior: 1949 c 156 s 6, part; 1943 c 82 s 7, part; 1937 c 187 s 56, part; Rem. Supp. 1949 s 6450-56, part.]

catchline: County road budget—Notice of hearing on supplemental budget.


title: RCW 36.82.200

text:
The board shall hold such hearing at the time and place designated in the notice, and it may be continued from day to day until concluded but not to exceed a total of five days. Upon the conclusion of the hearing the board shall fix and determine the supplemental budget and by resolution adopt it as finally determined and enter it in detail in the official minutes of the board, a copy of which supplemental budget shall be forwarded to the director.
[ 1995 c 301 s 70; 1963 c 4 s 36.82.200. Prior: 1949 c 156 s 6, part; 1943 c 82 s 7, part; 1937 c 187 s 56, part; Rem. Supp. 1949 s 6450-56, part.]

catchline: County road budget—Hearing, adoption, supplemental budget.


title: RCW 36.82.210

text:
All fines and forfeitures collected for violation of any of the provisions of chapters 36.75, and 36.77 to 36.87 RCW, inclusive, when the violation thereof occurred outside of any incorporated city or town shall be distributed and paid into the proper funds for the following purposes: One-half shall be paid into the county road fund of the county in which the violation occurred; one-fourth into the state fund for the support of state parks and parkways; and one-fourth into the highway safety fund: PROVIDED, That all fees, fines, forfeitures and penalties collected or assessed by a district court because of the violation of a state law shall be remitted as provided in chapter 3.62 RCW as now exists or is later amended.
All fines and forfeitures collected for the violation of any of such provisions when the violation thereof occurred inside any incorporated city or town shall be distributed and paid into the proper funds for the following purposes: One-half shall be paid into the city street fund of such incorporated city or town for the construction and maintenance of city streets; one-fourth into the state fund for the support of state parks and parkways; and one-fourth into the highway safety fund: PROVIDED, That all fees, fines, forfeitures and penalties collected or assessed by a district court because of the violation of a state law shall be remitted as provided in chapter 3.62 RCW as now exists or is later amended.
[ 1987 c 202 s 211; 1969 ex.s. c 199 s 21; 1963 c 4 s 36.82.210. Prior: 1949 c 75 s 2; 1937 c 187 s 67; Rem. Supp. 1949 s 6450-67.]
Notes:
Intent—1987 c 202: See note following RCW 2.04.190.

catchline: Disposition of fines and forfeitures for violations.


title: RCW 36.83.010

text:
The legislative authority of a county may establish one or more service districts within the county for the purpose of providing and funding capital and maintenance costs for any bridge or road improvement or for providing and funding capital costs for any state highway improvement a county or a road district has the authority to provide. A service district may not include any area within the corporate limits of a city or town unless the city or town governing body adopts a resolution approving inclusion of the area within its limits. A service district is a quasi municipal corporation, an independent taxing "authority" within the meaning of Article VII, section 1 of the state Constitution, and a "taxing district" within the meaning of Article VII, section 2 of the state Constitution.
A service district shall constitute a body corporate and shall possess all the usual powers of a corporation for public purposes as well as all other powers that may now or hereafter be specifically conferred by statute, including, but not limited to, the authority to hire employees, staff, and services, to enter into contracts, to acquire, hold, and dispose of real and personal property, and to sue and be sued. All projects constructed by a service district pursuant to the provisions of this chapter shall be competitively bid and contracted.
A board of three commissioners appointed by the county legislative authority or county executive pursuant to this chapter shall be the governing body of a service district. The county treasurer shall act as the ex officio treasurer of the service district. The electors of a service district are all registered voters residing within the district.
[ 1996 c 292 s 1; 1985 c 400 s 2; 1983 c 130 s 1.]
Notes:
County may fund improvements to state highways: RCW 36.75.035.

catchline: Service districts authorized—Bridge and road improvements—Powers—Governing body.


title: RCW 36.83.020

text:
(1) A county legislative authority proposing to establish a service district shall conduct a hearing at the time and place specified in a notice published at least once, not less than ten days prior to the hearing, in a newspaper of general circulation within the proposed service district. This notice shall be in addition to any other notice required by law to be published. The notice shall specify the functions or activities proposed to be provided or funded by the service district. Additional notice of the hearing may be given by mail, posting within the proposed service district, or in any manner the county legislative authority deems necessary to notify affected persons. All hearings shall be public and the county legislative authority shall hear objections from any person affected by the formation, modification of the boundaries, or dissolution of the service district.
(2) Following the hearing held pursuant to subsection (1) of this section, the county legislative authority may establish a service district if the county legislative authority finds the action to be in the public interest and adopts an ordinance or resolution providing for the establishment of the service district. The legislation establishing a service district shall specify the functions or activities to be exercised or funded and establish the boundaries of the service district. Functions or activities proposed to be provided or funded by the service district may not be expanded beyond those specified in the notice of hearing, except as provided in subsection (4) of this section.
(3) At any time prior to the county legislative authority establishing a service district pursuant to this section, all further proceedings shall be terminated upon the filing of a verified declaration of termination signed by a majority of the registered voters of the proposed service district.
(4) With the approval of the county legislative authority, the governing body of a service district may modify the boundaries of, expand or otherwise modify the functions of, or dissolve the service district after providing notice and conducting a public hearing or hearings in the manner provided in subsection (1) of this section. The governing body must make a determination that the proposed action is in the public interest and adopt a resolution providing for the action.
[ 1996 c 292 s 2; 1983 c 130 s 2.]

catchline: Establishment—Notice, hearing—Termination of proceedings—Modification of boundaries—Dissolution.


title: RCW 36.83.030

text:
(1) A service district may levy an ad valorem property tax, in excess of the one percent limitation, upon the property within the district for a one-year period whenever authorized by the voters of the district pursuant to RCW 84.52.052 and Article VII, section 2(a) of the state Constitution.
(2) A service district may provide for the retirement of voter approved general obligation bonds, issued for capital purposes only, by levying bond retirement ad valorem property tax levies, in excess of the one percent limitation, whenever authorized by the voters of the district pursuant to Article VII, section 2(b) of the state Constitution and RCW 84.52.056.
[ 1983 c 130 s 3.]

catchline: Excess ad valorem property taxes authorized.


title: RCW 36.83.040

text:
(1) To carry out the purpose of this chapter, a service district may issue general obligation bonds, not to exceed an amount, together with any other outstanding nonvoter approved general obligation indebtedness, equal to three-eighths of one percent of the value of taxable property within the district, as the term "value of taxable property" is defined in RCW 39.36.015. A service district may additionally issue general obligation bonds for capital purposes only, together with any outstanding general obligation indebtedness, not to exceed an amount equal to one and one-fourth percent of the value of the taxable property within the district, as the term "value of taxable property" is defined in RCW 39.36.015, when authorized by the voters of the service district pursuant to Article VIII, section 6 of the state Constitution, and to provide for the retirement thereof by excess property tax levies as provided in RCW 36.83.030(2). The service district may submit a single proposition to the voters which, if approved, authorizes both the issuance of the bonds and the bond retirement property tax levies.
(2) General obligation bonds with a maturity in excess of forty years shall not be issued. The governing body of the service district shall by resolution determine for each general obligation bond issue the amount, date, terms, conditions, denominations, maximum fixed or variable interest rate or rates, maturity or maturities, redemption rights, registration privileges, manner of execution, manner of sale, callable provisions, if any, covenants, and form, including registration as to principal and interest, registration as to principal only, or bearer. Registration may include, but not be limited to: (a) A book entry system of recording the ownership of a bond whether or not physical bonds are issued; or (b) recording the ownership of a bond together with the requirement that the transfer of ownership may only be effected by the surrender of the old bond and either the reissuance of the old bond or the issuance of a new bond to the new owner. Facsimile signatures may be used on the bonds and any coupons. Refunding general obligation bonds may be issued in the same manner as general obligation bonds are issued.
(3) Whenever general obligation bonds are issued to fund specific projects or enterprises that generate revenues, charges, user fees, or special assessments, the service district which issues the bonds may specifically pledge all or a portion of the revenues, charges, user fees, or special assessments to refund the general obligation bonds.
[ 1983 c 130 s 4.]

catchline: General obligation bonds, excess property tax levies authorized—Limitations.


title: RCW 36.83.050

text:
(1) A service district may form a local improvement district or utility local improvement district to provide any local improvement it has the authority to provide, impose special assessments on all property specially benefited by the local improvements, and issue special assessment bonds or revenue bonds to fund the costs of the local improvement. Improvement districts shall be created and assessments shall be made and collected pursuant to chapters 35.43, 35.44, 35.49, 35.50, 35.53, and 35.54 RCW.
(2) The governing body of a service district shall by resolution establish for each special assessment bond issue the amount, date, terms, conditions, denominations, maximum fixed or variable interest rate or rates, maturity or maturities, redemption rights, registration privileges, if any, covenants, and form, including registration as to principal and interest, registration as to principal only, or bearer. Registration may include, but not be limited to: (a) A book entry system of recording the ownership of a bond whether or not physical bonds are issued; or (b) recording the ownership of a bond together with the requirement that the transfer of ownership may only be effected by the surrender of the old bond and either the reissuance of the old bond or the issuance of a new bond to the new owner. Facsimile signatures may be used on the bonds and any coupons. The maximum term of any special assessment bonds shall not exceed thirty years beyond the date of issue. Special assessment bonds issued pursuant to this section shall not be an indebtedness of the service district issuing the bonds, and the interest and principal on the bonds shall only be payable from special assessments made for the improvement for which the bonds were issued and any local improvement guaranty fund that the service district has created. The owner or bearer of a special assessment bond or any interest coupon issued pursuant to this section shall not have any claim against the service district arising from the bond or coupon except for the payment from special assessments made for the improvement for which the bonds were issued and any local improvement guaranty fund the service district has created. The service district issuing the special assessment bonds is not liable to the owner or bearer of any special assessment bond or any interest coupon issued pursuant to this section for any loss occurring in the lawful operation of its local improvement guaranty fund. The substance of the limitations included in this subsection shall be plainly printed, written, or engraved on each special assessment bond issued pursuant to this section.
(3) The governing body may establish and pay moneys into a local improvement guaranty fund to guarantee special assessment bonds issued by the service district.
(4) The governing body of a service district shall provide for the payment of both the special assessments which are imposed and a portion of the utility income from the utility improvement into a special fund established for the payment of the revenue bonds to defray the cost of the utility local improvement district whenever it desires to create a utility local improvement district and issue revenue bonds to fund the local improvement.
[ 1983 c 130 s 5.]

catchline: Local improvement districts authorized—Assessments—Special assessment bonds and revenue bonds—Limitations.


title: RCW 36.83.060

text:
Where physical bonds are issued pursuant to RCW 36.83.040 or 36.83.050, the bonds shall be printed, engraved, or lithographed on good bond paper and the manual or facsimile signatures of both the treasurer and chairperson of the governing body shall be included on each bond.
[ 1983 c 130 s 6.]

catchline: Bonds—Form.


title: RCW 36.83.070

text:
(1) The proceeds of any bond issued pursuant to RCW 36.83.040 or 36.83.050 may be used to pay costs incurred on such bond issue related to the sale and issuance of the bonds. Such costs include payments for fiscal and legal expenses, obtaining bond ratings, printing, engraving, advertising, and other similar activities.
(2) In addition, proceeds of bonds used to fund capital projects may be used to pay the necessary and related engineering, architectural, planning, and inspection costs.
[ 1983 c 130 s 7.]

catchline: Bonds—Use of proceeds.


title: RCW 36.83.080

text:
A service district may accept and expend or use gifts, grants, and donations.
[ 1983 c 130 s 8.]

catchline: Gifts, grants, and donations.


title: RCW 36.83.090

text:
A service district may exercise the power of eminent domain to obtain property for its authorized purposes in the manner counties exercise the powers of eminent domain.
[ 1983 c 130 s 9.]

catchline: Eminent domain.


title: RCW 36.83.100

text:
If the county legislative authority establishes a road and bridge service district, it shall promptly appoint three persons who are residents of the territory included in that service district to serve as the commissioners of the service district. For counties having an elected executive, the executive shall appoint those commissioners subject to confirmation by the legislative authority of the county. The commissioners first appointed shall be designated to serve for terms of one, two, and three years, respectively, from the date of their appointment. Thereafter, service district commissioners shall be appointed for a term of office of five years. Vacancies must be filled for any unexpired term in the same manner as the original appointment. No member of the legislative authority of the county in which a service district is created may be a commissioner of that service district, except that, if the boundaries of the service district are included within or coterminous with the boundaries of a county commissioner or council district, the county commissioner or councilmember elected from that commissioner or council district may be appointed to serve as a commissioner of the service district. A commissioner shall hold office until his or her successor has been appointed and qualified, unless sooner removed from office for cause in accordance with this chapter or removed by referendum in accordance with RCW 36.83.110. A certificate of the appointment or reappointment of any commissioner must be filed with the county auditor, and such certificate is conclusive evidence of the due and proper appointment of the commissioner. The commissioners of the service district shall receive no compensation for their services, in any capacity, but are entitled to reimbursement for reasonable and necessary expenses, including travel expenses, incurred in the discharge of their duties.
The powers of each service district are vested in the commissioners of the service district. Two commissioners constitute a quorum of the service district for the purpose of conducting its business and exercising its powers and for all other purposes. The commissioners of the service district shall organize itself and select its chair, vice chair, and secretary, who shall serve one-year terms but may be selected for additional terms. When the office of any officer becomes vacant, the commissioners of the service district shall select a new officer from among the commissioners for the balance of the term of office.
[ 1996 c 292 s 3.]


title: RCW 36.83.110

text:
Any registered voter residing within the boundaries of the road and bridge service district may file a referendum petition to call an election to retain any or all commissioners. Any referendum petition to call such election shall be filed with the county auditor no later than one year before the end of a commissioner's term. Within ten days of the filing of a petition, the county auditor shall confer with the petitioner concerning form and style of the petition, issue an identification number for the petition, and write a ballot title for the measure. The ballot title shall be posed as a question: "Shall (name of commissioner) be retained as a road and bridge service district commissioner?" and the question shall be posed separately for each commissioner. The petitioner shall be notified of the identification number and ballot title within this ten-day period.
After this notification, the petitioner shall have thirty days in which to secure on petition forms the signatures of not less than twenty-five percent of the registered voters residing within the boundaries of the service district and file the signed petitions with the county auditor. Each petition form shall contain the ballot title. The county auditor shall verify the sufficiency of the signatures on the petitions. If sufficient valid signatures are properly submitted, the county auditor shall submit the referendum measure to the registered voters residing in the service district in a special election no later than one hundred twenty days after the signed petition has been filed with the county auditor.
The office of any commissioner for whom there is not a majority vote to retain shall be declared vacant.
[ 2011 c 10 s 79; 1996 c 292 s 4.]
Notes:
Notice to registered poll voters—Elections by mail—2011 c 10: See note following RCW 29A.04.008.

catchline: Election to retain commissioners—Referendum petition.


title: RCW 36.83.120

text:
For neglect of duty or misconduct in office, a commissioner of a service district may be removed by the county legislative authority after conducting a hearing. The commissioner must be given a copy of the charges at least ten days prior to the hearing and must have an opportunity to be heard in person or by counsel. If a commissioner is removed, a record of the proceedings, together with the charges and findings, must be filed in the office of the county auditor.
[ 1996 c 292 s 5.]

catchline: Removal of commissioner.


title: RCW 36.83.130

text:
Any road or bridge improvements financed in whole by funds of a service district, including but not limited to proceeds of bonds issued by a service district, shall be owned by that service district. Improvements financed jointly by a service district and the county or city within which the improvements are located may be owned jointly by the service district and that county or city pursuant to an interlocal agreement.
[ 1996 c 292 s 6.]

catchline: Improvements—Ownership.


title: RCW 36.83.140

text:
If a service district is formed, there shall be created in the office of the county treasurer, as ex officio treasurer of the service district, a local service district fund with such accounts as the treasurer may find convenient or as the state auditor or the governing body of the service district may direct, into which shall be deposited all revenues received by or on behalf of the service district from tax levies, gifts, donations and any other source. The fund shall be designated "(name of county) (road/bridge) service district No. . . . fund."
[ 1996 c 292 s 7.]

catchline: Local service district fund.


title: RCW 36.83.900

text:
The rule of strict construction does not apply to this chapter, and this chapter shall be liberally construed to permit the accomplishment of its purposes.
[ 1983 c 130 s 10.]

catchline: Liberal construction.


title: RCW 36.85.010

text:
Whenever it is necessary to secure any lands for a right-of-way for any county road or for the drainage thereof or to afford unobstructed view toward any intersection or point of possible danger to public travel upon any county road or for any borrow pit, gravel pit, quarry, or other land for the extraction of material for county road purposes, or right-of-way for access thereto, the board may acquire such lands on behalf of the county by gift, purchase, or condemnation. When the board so directs, the prosecuting attorney of the county shall institute proceedings in condemnation to acquire such land for a county road in the manner provided by law for the condemnation of land for public use by counties. All cost of acquiring land for right-of-way or for other purposes by purchase or condemnation shall be paid out of the county road fund of the county and chargeable against the project for which acquired.
[ 1963 c 4 s 36.85.010. Prior: 1937 c 187 s 9; RRS s 6450-9.]

catchline: Acquisition—Condemnation.


title: RCW 36.85.020

text:
Whenever any county has established a public highway, which, in whole or in part, abuts upon and adjoins any aviation site in such county, no property shall be exempt from condemnation for such highway by reason of the same having been or being dedicated, appropriated, or otherwise reduced or held to public use.
[ 1963 c 4 s 36.85.020. Prior: 1925 ex.s. c 41 s 1; RRS s 905-2.]

catchline: Aviation site not exempt from condemnation.


title: RCW 36.85.030

text:
The boards in their respective counties may accept the grant of rights-of-way for the construction of public highways over public lands of the United States, not reserved for public uses, contained in section 2477 of the Revised Statutes of the United States. Such rights-of-way shall henceforward not be less than sixty feet in width unless a lesser width is specified by the United States. Acceptance shall be by resolution of the board spread upon the records of its proceedings: PROVIDED, That nothing herein contained shall be construed to invalidate the acceptance of such grant by general public use and enjoyment, heretofore or hereafter had.
[ 1963 c 4 s 36.85.030. Prior: 1937 c 187 s 17; RRS s 6450-17.]

catchline: Acceptance of federal grants over public lands.


title: RCW 36.85.040

text:
Prior action of boards purporting to accept the grant of rights-of-way under section 2477 of the Revised Statutes of the United States for the construction of public highways over public lands of the United States, as provided in RCW 36.85.030, is hereby approved, ratified and confirmed and all such public highways shall be deemed duly laid out county roads and boards of county commissioners may at any time by recorded resolution cause any of such county roads to be opened and improved for public travel.
[ 1963 c 4 s 36.85.040. Prior: 1937 c 187 s 18; RRS s 6450-18.]

catchline: Acceptance of federal grants over public lands—Prior acceptances ratified.


title: RCW 36.86.010

text:
From and after April 1, 1937, the width of thirty feet on each side of the center line of county roads, exclusive of such additional width as may be required for cuts and fills, is the necessary and proper right-of-way width for county roads, unless the board of county commissioners, shall, in any instance, adopt and designate a different width. This shall not be construed to require the acquisition of increased right-of-way for any county road already established and the right-of-way for which has been secured.
[ 1963 c 4 s 36.86.010. Prior: 1937 c 187 s 14; RRS s 6450-14.]

catchline: Standard width of right-of-way prescribed.


title: RCW 36.86.020

text:
In the case of roads, the minimum width between shoulders shall be fourteen feet with eight feet of surfacing, and in the case of bridges, which includes all decked structures, the minimum standard shall be for H-10 loading in accordance with the standards of the state department of transportation. When the standards have been prepared by the county road engineer, they shall be submitted to the county legislative authority for approval, and when approved shall be used for all road and bridge construction and improvement in the county.
[ 1984 c 7 s 38; 1963 c 4 s 36.86.020. Prior: 1943 c 73 s 1, part; 1937 c 187 s 4, part; Rem. Supp. 1943 s 6450-4, part.]

catchline: Minimum standards of construction.


title: RCW 36.86.030

text:
Road and bridge standards may be amended from time to time by resolution of the county legislative authority, but no standard may be approved by the legislative authority with any minimum requirement less than that specified in this chapter. Two copies of the approved standards shall be filed with the department of transportation for its use in examinations of county road work.
[ 1984 c 7 s 39; 1963 c 4 s 36.86.030. Prior: 1943 c 73 s 1, part; 1937 c 187 s 4, part; Rem. Supp. 1943 s 6450-4, part.]

catchline: Amendment of standards—Filing.


title: RCW 36.86.040

text:
The county legislative authority shall erect and maintain upon the county roads such suitable and proper signs, signals, signboards, and guideposts and appropriate stop, caution, warning, restrictive, and directional signs and markings as it deems necessary or as may be required by law. This includes informational signs to address jumping from bridges as authorized in RCW 47.36.410. All such markings shall be in accordance with the uniform state standard of color, design, erection, and location adopted and designed by the Washington state department of transportation. In respect to existing and future railroad grade crossings over county roads the legislative authority shall install and maintain standard, nonmechanical railroad approach warning signs on both sides of the railroad upon the approaches of the county road. All such signs shall be located a sufficient distance from the crossing to give adequate warning to persons traveling on county roads.
[ 2023 c 54 s 5; 1984 c 7 s 40; 1963 c 4 s 36.86.040. Prior: 1955 c 310 s 1; 1937 c 187 s 37; RRS s 6450-37.]
Notes:
Short title—Intent—Finding—2023 c 54: See notes following RCW 35.21.095.

catchline: Uniform standard for signs, signals, guideposts—Railroad grade crossings.


title: RCW 36.86.050

text:
The board and the road engineer, at the time of establishing, constructing, improving, or paving any county road, shall fix permanent monuments at the original positions of all United States government monuments at township corners, section corners, quarter section corners, meander corners, and witness markers, as originally established by the United States government survey, whenever any such original monuments or markers fall within the right-of-way of any county road, and shall aid in the reestablishment of any such corners, monuments, or markers destroyed or obliterated by the construction of any county road heretofore established, by permitting inspection of the records in the office of the board and the county engineering office.
[ 1963 c 4 s 36.86.050. Prior: 1937 c 187 s 36; RRS s 6450-36.]

catchline: Monuments at government survey corners.


title: RCW 36.86.060

text:
No oil or other material shall be used in the treatment of any county road or private road or driveway, of such consistency, viscosity or nature or in such quantities and in such proximity to the entrance to or intersection with any state highway or county road, the roadway of which is surfaced with cement concrete or asphaltic concrete, that such oil or other material is or will be tracked by vehicles thereby causing a coating or discoloration of such cement concrete or asphaltic concrete roadway. Any person violating the provisions of this section shall be guilty of a misdemeanor.
[ 1963 c 4 s 36.86.060. Prior: 1937 c 187 s 43; RRS s 6450-43.]

catchline: Restrictions on use of oil at intersections or entrances to county roads.


title: RCW 36.86.070

text:
From time to time the legislative authority of each county shall classify and designate as the county primary road system such county roads as are designated rural minor collector, rural major collector, rural minor arterial, rural principal arterial, urban collector, urban minor arterial, and urban principal arterial in the federal functional classification system.
[ 1982 c 145 s 2; 1963 c 4 s 36.86.070. Prior: 1949 c 165 s 1; Rem. Supp. 1949 s 6450-8h.]

catchline: Classification of roads in accordance with designations under federal functional classification system.


title: RCW 36.86.080

text:
Upon the adoption of uniform design standards the legislative authority of each county shall apply the same to all new construction within, and as far as practicable and feasible to reconstruction of old roads comprising, the county primary road system. No deviation from such design standards as to such primary system may be made without the approval of the state aid engineer for the department of transportation.
[ 1982 c 145 s 3; 1963 c 4 s 36.86.080. Prior: 1949 c 165 s 4; Rem. Supp. 1949 s 6450-8k.]

catchline: Application of design standards to construction and reconstruction.


title: RCW 36.86.090

text:
Logs dumped on any county road right-of-way or in any county road drainage ditch due to hauling equipment failure, or for any other reason, shall be removed within ten days. Logs remaining within any county road right-of-way for a period of thirty days shall be confiscated and removed or disposed of as directed by the boards of county commissioners in the respective counties. Confiscated logs may be sold by the county commissioners and the proceeds thereof shall be deposited in the county road fund.
[ 1963 c 4 s 36.86.090. Prior: 1951 c 143 s 1.]

catchline: Logs dumped on right-of-way—Removal—Confiscation.


title: RCW 36.86.100

text:
Each railroad company shall keep its right-of-way clear of all brush and timber in the vicinity of a railroad grade crossing with a county road for a distance of one hundred feet from the crossing in such a manner as to permit a person upon the road to obtain an unobstructed view in both directions of an approaching train or other on-track equipment. The county legislative authority shall cause brush and timber to be cleared from the right-of-way of county roads in the proximity of a railroad grade crossing for a distance of one hundred feet from the crossing in such a manner as to permit a person traveling upon the road to obtain an unobstructed view in both directions of an approaching train or other on-track equipment. It is unlawful to erect or maintain a sign, signboard, or billboard within a distance of one hundred feet from the point of intersection of the road and railroad grade crossing located outside the corporate limits of any city or town unless, after thirty days notice to the Washington utilities and transportation commission and the railroad operating the crossing, the county legislative authority determines that it does not obscure the sight distance of a person operating a vehicle or train approaching the grade crossing.
When a person who has erected or who maintains such a sign, signboard, or billboard or when a railroad company permits such brush or timber in the vicinity of a railroad grade crossing with a county road or permits the surface of a grade crossing to become inconvenient or dangerous for passage and who has the duty to maintain it, fails, neglects, or refuses to remove or cause to be removed such brush, timber, sign, signboard, or billboard, or maintain the surface of the crossing, the utilities and transportation commission upon complaint of the county legislative authority or upon complaint of any party interested, or upon its own motion, shall enter upon a hearing in the manner now provided for hearings with respect to railroad-highway grade crossings, and make and enforce proper orders for the removal of the brush, timber, sign, signboard or billboard, or maintenance of the crossing. Nothing in this section prevents the posting or maintaining thereon of highway or road signs or traffic devices giving directions or distances for the information of the public when the signs conform to the "Manual for Uniform Traffic Control Devices" issued by the state department of transportation. The county legislative authority shall inspect highway grade crossings and make complaint of the violation of any provisions of this section.
[ 2017 c 87 s 4; 1983 c 19 s 1; 1963 c 4 s 36.86.100. Prior: 1955 c 310 s 6.]
Notes:
Railroad grade crossings, obstructions: RCW 47.32.140.

catchline: Railroad grade crossings—Obstructions.


title: RCW 36.87.010

text:
When a county road or any part thereof is considered useless, the board by resolution entered upon its minutes, may declare its intention to vacate and abandon the same or any portion thereof and shall direct the county road engineer to report upon such vacation and abandonment.
[ 1969 ex.s. c 185 s 1; 1963 c 4 s 36.87.010. Prior: 1937 c 187 s 48; RRS s 6450-48.]

catchline: Resolution of intention to vacate.