title: RCW 36.73.040

text:
(1) A transportation benefit 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.
(2) A transportation benefit district constitutes a body corporate and possesses 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. Public works contract limits applicable to the jurisdiction that established the district apply to the district.
(3) To carry out the purposes of this chapter, and subject to the provisions of RCW 36.73.065, a district is authorized to impose the following taxes, fees, charges, and tolls:
(a) A sales and use tax in accordance with RCW 82.14.0455;
(b) A vehicle fee in accordance with RCW 82.80.140;
(c) A fee or charge in accordance with RCW 36.73.120. However, if a county or city within the district area is levying a fee or charge for a transportation improvement, the fee or charge shall be credited against the amount of the fee or charge imposed by the district. Developments consisting of less than twenty residences are exempt from the fee or charge under RCW 36.73.120; and
(d) Vehicle tolls on state routes, city streets, or county roads, within the boundaries of the district, unless otherwise prohibited by law. However, consistent with RCW 47.56.820, the vehicle toll must first be authorized by the legislature if the toll is imposed on a state route. The department of transportation shall administer the collection of vehicle tolls authorized on state routes, unless otherwise specified in law or by contract, and the state transportation commission, or its successor, may approve, set, and impose the tolls in amounts sufficient to implement the district's transportation improvement finance plan. The district shall administer the collection of vehicle tolls authorized on city streets or county roads, and shall set and impose the tolls in amounts sufficient to implement the district's transportation improvement plan. However, consistent with RCW 47.56.850, the vehicle toll, including any change in an existing toll rate, must first be reviewed and approved by the tolling authority designated in RCW 47.56.850 if the toll, or change in toll rate, would have a significant impact, as determined by the tolling authority, on the operation of any state facility.
[ 2008 c 122 s 17; 2005 c 336 s 4; 1989 c 53 s 3; 1987 c 327 s 4.]
Notes:
Effective date—2005 c 336: See note following RCW 36.73.015.
Severability—1989 c 53: See note following RCW 36.73.020.

catchline: General powers of district.


doc_type: statute

jurisdiction: wa

title: RCW 36.73.050

text:
(1) The legislative authorities proposing to establish a district, or to modify the boundaries of an existing district, or to dissolve an existing district shall conduct a hearing at the time and place specified in a notice published at least once, not less than ten days before the hearing, in a newspaper of general circulation within the proposed district. Subject to the provisions of RCW 36.73.170, the legislative authorities shall make provision for a district to be automatically dissolved when all indebtedness of the district has been retired and anticipated responsibilities have been satisfied. This notice shall be in addition to any other notice required by law to be published. The notice shall, where applicable, specify the functions or activities proposed to be provided or funded, or the additional functions or activities proposed to be provided or funded, by the district. Additional notice of the hearing may be given by mail, by posting within the proposed district, or in any manner the legislative authorities deem necessary to notify affected persons. All hearings shall be public and the legislative authorities shall hear objections from any person affected by the formation, modification of the boundaries, or dissolution of the district.
(2)(a) Following the hearing held pursuant to subsection (1) of this section, the legislative authorities may establish a district, modify the boundaries or functions of an existing district, or dissolve an existing district, if the legislative authorities find the action to be in the public interest and adopt an ordinance providing for the action.
(b) The ordinance establishing a district shall specify the functions and transportation improvements described under RCW 36.73.015 to be exercised or funded and establish the boundaries of the district. Subject to the provisions of RCW 36.73.160, functions or transportation improvements proposed to be provided or funded by the district may not be expanded beyond those specified in the notice of hearing, unless additional notices are made, further hearings on the expansion are held, and further determinations are made that it is in the public interest to so expand the functions or transportation improvements proposed to be provided or funded.
[ 2007 c 329 s 3; 2005 c 336 s 5; 1987 c 327 s 5.]
Notes:
Effective date—2005 c 336: See note following RCW 36.73.015.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Establishment of district—Public hearing—Ordinance.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 36.73.060

text:
(1) A 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 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.
[ 2005 c 336 s 6; 1987 c 327 s 6.]
Notes:
Effective date—2005 c 336: See note following RCW 36.73.015.

catchline: Authority to levy property tax.


title: RCW 36.73.065

text:
(1) Except as provided in subsection (4) of this section, taxes, fees, charges, and tolls may not be imposed by a district without approval of a majority of the voters in the district voting on a proposition at a general or special election. The proposition must include a specific description of: (a) The transportation improvement or improvements proposed by the district; (b) any rebate program proposed to be established under RCW 36.73.067; and (c) the proposed taxes, fees, charges, and the range of tolls imposed by the district to raise revenue to fund the improvement or improvements or rebate program, as applicable.
(2) Voter approval under this section must be accorded substantial weight regarding the validity of a transportation improvement as defined in RCW 36.73.015.
(3) A district may not increase any taxes, fees, charges, or range of tolls imposed or change a rebate program under this chapter once the taxes, fees, charges, tolls, or rebate program takes effect, except:
(a) If authorized by the district voters pursuant to RCW 36.73.160;
(b) With respect to a change in a rebate program, a material change policy adopted pursuant to RCW 36.73.160 is followed and the change does not reduce the percentage level or rebate amount;
(c) For up to $40 of the vehicle fee authorized in RCW 82.80.140 by the governing board of the district if a vehicle fee of $20 has been imposed for at least 24 months;
(d) For up to $50 of the vehicle fee authorized in RCW 82.80.140 by the governing board of the district if a vehicle fee of $40 has been imposed for at least 24 months and a district has met the requirements of subsection (6) of this section; or
(e) For up to three-tenths of one percent of the selling price, in the case of a sales tax, or value of the article used, in the case of a use tax, pursuant to the sales and use tax authorized in RCW 82.14.0455.
(4)(a) A district that includes all the territory within the boundaries of the jurisdiction, or jurisdictions, establishing the district may impose by a majority vote of the governing board of the district the following fees, taxes, and charges:
(i) Up to $20 of the vehicle fee authorized in RCW 82.80.140;
(ii) Up to $40 of the vehicle fee authorized in RCW 82.80.140 if a vehicle fee of $20 has been imposed for at least 24 months;
(iii) Up to $50 of the vehicle fee authorized in RCW 82.80.140 if a vehicle fee of forty dollars has been imposed for at least 24 months and a district has met the requirements of subsection (6) of this section;
(iv) A fee or charge in accordance with RCW 36.73.120; or
(v) Up to one-tenth of one percent of the sales and use tax in accordance with RCW 82.14.0455.
(b) The vehicle fee authorized in (a) of this subsection may only be imposed for a passenger-only ferry transportation improvement if the vehicle fee is first approved by a majority of the voters within the jurisdiction of the district.
(c)(i) A district solely comprised of a city or cities may not impose the fees or charges identified in (a) of this subsection within 180 days after July 22, 2007, unless the county in which the city or cities reside, by resolution, declares that it will not impose the fees or charges identified in (a) of this subsection within the 180-day period; or
(ii) A district solely comprised of a city or cities identified in RCW 36.73.020(6)(b) may not impose the fees or charges until after May 22, 2008, unless the county in which the city or cities reside, by resolution, declares that it will not impose the fees or charges identified in (a) of this subsection through May 22, 2008.
(5) If the interlocal agreement in RCW 82.80.140(2)(a) cannot be reached, a district that includes only the unincorporated territory of a county may impose by a majority vote of the governing body of the district up to: (a) $20 of the vehicle fee authorized in RCW 82.80.140, (b) $40 of the vehicle fee authorized in RCW 82.80.140 if a fee of $20 has been imposed for at least 24 months, or (c) $50 of the vehicle fee authorized in RCW 82.80.140 if a vehicle fee of $40 has been imposed for at least 24 months and a district has met the requirements of subsection (6) of this section.
(6) If a district intends to impose a vehicle fee of more than $40 by a majority vote of the governing body of the district, the governing body must publish notice of this intention, in one or more newspapers of general circulation within the district, by April 1st of the year in which the vehicle fee is to be imposed. If within 90 days of the date of publication a petition is filed with the county auditor containing the signatures of eight percent of the number of voters registered and voting in the district for the office of the governor at the last preceding gubernatorial election, the county auditor must canvass the signatures in the same manner as prescribed in RCW 29A.72.230 and certify their sufficiency to the governing body within two weeks. The proposition to impose the vehicle fee must then be submitted to the voters of the district at a special election, called for this purpose, no later than the date on which a primary election would be held under RCW 29A.04.311. The vehicle fee may then be imposed only if approved by a majority of the voters of the district voting on the proposition.
[ 2022 c 182 s 406; 2015 3rd sp.s. c 44 s 309; 2012 c 152 s 3; 2007 c 329 s 1; 2005 c 336 s 17.]
Notes:
Intent—Effective date—2022 c 182: See notes following RCW 70A.65.240.
Effective date—2015 3rd sp.s. c 44: See note following RCW 46.68.395.
Effective date—2005 c 336: See note following RCW 36.73.015.

catchline: Taxes, fees, charges, tolls, rebate program.


title: RCW 36.73.067

text:
(1) A district that: (a) Includes a city with a population of five hundred thousand persons or more; and (b) imposes a vehicle fee under RCW 36.73.040(3)(b), sales and use taxes under RCW 36.73.040(3)(a), or tolls under RCW 36.73.040(3)(d), may establish a rebate program for the purposes of providing rebates of up to forty percent of the actual fee, tax, or toll paid by a low-income individual.
(2) Funds collected from a vehicle fee under RCW 36.73.040(3)(b), sales and use tax under RCW 36.73.040(3)(a) or tolls under RCW 36.73.040(3)(d) may be used for a rebate program established under this section.
(3) A district that establishes a rebate program is responsible for the development and administration of the program and all functions and costs associated with the rebate program.
(4) A district that establishes a rebate program under this section must report back to the legislature two years after the program takes effect. The report must include, but is not limited to, a detailed description of the structure of the program, the average rebate, the total amount of rebates issued, and the number of people that received rebates.
[ 2012 c 152 s 2.]

catchline: Vehicle fee rebate program—Low-income individuals—Report to legislature.


title: RCW 36.73.070

text:
(1) To carry out the purposes of this chapter and notwithstanding RCW 39.36.020(1), a district may issue general obligation bonds, not to exceed an amount, together with any other outstanding nonvoter-approved general obligation indebtedness, equal to one and one-half 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 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 five 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 district pursuant to Article VIII, section 6 of the state Constitution, and may also provide for the retirement thereof by excess property tax levies as provided in RCW 36.73.060(2). The district may, if applicable, submit a single proposition to the voters that, 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 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 district may specifically pledge all or a portion of the revenues, charges, user fees, or special assessments to refund the general obligation bonds. The district may also pledge any other revenues that may be available to the district.
(4) In addition to general obligation bonds, a district may issue revenue bonds to be issued and sold in accordance with chapter 39.46 RCW.
[ 2005 c 336 s 7; 1987 c 327 s 7.]
Notes:
Effective date—2005 c 336: See note following RCW 36.73.015.

catchline: Authority to issue general obligation bonds, revenue bonds.


title: RCW 36.73.080

text:
(1) A district may form a local improvement district to provide any transportation improvement it has the authority to provide, impose special assessments on all property specially benefited by the transportation improvements, and issue special assessment bonds or revenue bonds to fund the costs of the transportation improvement. Local improvement districts shall be created and administered, and assessments shall be made and collected, in the manner and to the extent provided by law to cities and towns pursuant to chapters 35.43, 35.44, 35.49, 35.50, 35.51, 35.53, and 35.54 RCW. However, the duties devolving upon the city or town treasurer under these chapters shall be imposed upon the district treasurer for the purposes of this section. A local improvement district may only be formed under this section pursuant to the petition method under RCW 35.43.120 and 35.43.125.
(2) The governing body of a 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 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 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 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 district has created. The 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 (2) shall be plainly printed, written, or engraved on each special assessment bond issued pursuant to this section.
(3) Assessments shall reflect any credits given by a district for real property or property right donations made pursuant to RCW 47.14.030.
(4) The governing body may establish, administer, and pay money into a local improvement guaranty fund, in the manner and to the extent provided by law to cities and towns under chapter 35.54 RCW, to guarantee special assessment bonds issued by the district.
[ 2005 c 336 s 8; 1987 c 327 s 8.]
Notes:
Effective date—2005 c 336: See note following RCW 36.73.015.

catchline: Local improvement districts authorized—Special assessments—Bonds.


title: RCW 36.73.090

text:
Where physical bonds are issued pursuant to RCW 36.73.070 or 36.73.080, 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.
[ 1987 c 327 s 9.]

catchline: Printing of bonds.


title: RCW 36.73.100

text:
(1) The proceeds of any bond issued pursuant to RCW 36.73.070 or 36.73.080 may be used to pay costs incurred on a bond issue related to the sale and issuance of the bonds. These 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.
[ 2005 c 336 s 9; 1987 c 327 s 10.]
Notes:
Effective date—2005 c 336: See note following RCW 36.73.015.

catchline: Use of bond proceeds.


title: RCW 36.73.110

text:
A district may accept and expend or use gifts, grants, and donations.
[ 2005 c 336 s 10; 1987 c 327 s 11.]
Notes:
Effective date—2005 c 336: See note following RCW 36.73.015.

catchline: Acceptance and use of gifts and grants.


title: RCW 36.73.120

text:
(1) Subject to the provisions in RCW 36.73.065, a district may impose a fee or charge on the construction or reconstruction of commercial buildings, industrial buildings, or on any other commercial or industrial building or building space or appurtenance, or on the development, subdivision, classification, or reclassification of land for commercial purposes, only if done in accordance with chapter 39.92 RCW.
(2) Any fee or charge imposed under this section shall be used exclusively for transportation improvements as defined in RCW 36.73.015. The fees or charges imposed must be reasonably necessary as a result of the impact of development, construction, or classification or reclassification of land on identified transportation needs.
(3) If a county or city within the district area is levying a fee or charge for a transportation improvement, the fee or charge shall be credited against the amount of the fee or charge imposed by the district.
[ 2010 c 105 s 2; 2007 c 329 s 4; 2005 c 336 s 11; 1988 c 179 s 7; 1987 c 327 s 12.]
Notes:
Effective date—2005 c 336: See note following RCW 36.73.015.
Severability—Prospective application—Section captions—1988 c 179: See RCW 39.92.900 and 39.92.901.

catchline: Imposition of fees on building construction or land development.


title: RCW 36.73.130

text:
A district may exercise the power of eminent domain to obtain property for its authorized purposes in the same manner as authorized for the city or county legislative authority that established the district.
[ 2005 c 336 s 12; 1987 c 327 s 13.]
Notes:
Effective date—2005 c 336: See note following RCW 36.73.015.

catchline: Power of eminent domain.


title: RCW 36.73.140

text:
A district has the same powers as a county or city to contract for street, road, or state highway improvement projects and to enter into reimbursement contracts provided for in chapter 35.72 RCW.
[ 2005 c 336 s 13; 1987 c 327 s 14.]
Notes:
Effective date—2005 c 336: See note following RCW 36.73.015.

catchline: Authority to contract for street and highway improvements.


title: RCW 36.73.150

text:
The department of transportation, counties, cities, and other jurisdictions may give funds to districts for the purposes of financing transportation improvements under this chapter.
[ 2005 c 336 s 14; 1987 c 327 s 15.]
Notes:
Effective date—2005 c 336: See note following RCW 36.73.015.

catchline: Department of transportation, counties, cities, and other jurisdictions may fund transportation improvements.


title: RCW 36.73.160

text:
(1) The district governing body shall develop a material change policy to address major plan changes that affect project delivery or the ability to finance the plan. The policy must at least address material changes to cost, scope, and schedule, the level of change that will require governing body involvement, and how the governing body will address those changes. At a minimum, in the event that a transportation improvement cost exceeds its original cost by more than twenty percent as identified in a district's original finance plan, the governing body shall hold a public hearing to solicit comment from the public regarding how the cost change should be resolved.
(2) A district shall issue an annual report, indicating the status of transportation improvement costs, transportation improvement expenditures, revenues, and construction schedules, to the public and to newspapers of record in the district.
[ 2005 c 336 s 18.]
Notes:
Effective date—2005 c 336: See note following RCW 36.73.015.

catchline: Transportation improvement projects—Material change policy—Annual report.


title: RCW 36.73.170

text:
Within thirty days of the completion of the construction of the transportation improvement or series of improvements authorized by a district, the district shall terminate day-to-day operations and exist solely as a limited entity that oversees the collection of revenue and the payment of debt service or financing still in effect, if any and to carry out the requirements of RCW 36.73.160. The district shall accordingly adjust downward its employees, administration, and overhead expenses. Any taxes, fees, charges, or tolls imposed by the district terminate when the financing or debt service on the transportation improvement or series of improvements constructed is completed and paid and notice is provided to the departments administering the taxes. Any excess revenues collected must be disbursed to the participating jurisdictions of the district in proportion to their population, using population estimates prepared by the office of financial management. The district shall dissolve itself and cease to exist thirty days after the financing or debt service on the transportation improvement, or series of improvements, constructed is completed and paid. If there is no debt outstanding, then the district shall dissolve within thirty days from completion of construction of the transportation improvement or series of improvements authorized by the district. Notice of dissolution must be published in newspapers of general circulation within the district at least three times in a period of thirty days. Creditors must file claims for payment of claims due within thirty days of the last published notice or the claim is extinguished.
[ 2005 c 336 s 19.]
Notes:
Effective date—2005 c 336: See note following RCW 36.73.015.

catchline: Completion of transportation improvement—Termination of district operations—Termination of taxes, fees, charges, and tolls—Dissolution of district.


title: RCW 36.73.180

text:
(1) In districts comprised of more than one member city, the legislative authorities of any member city that is located in a county having a population of more than one million five hundred thousand may petition the district to provide supplemental transportation improvements.
(2) Upon receipt of a petition as provided in subsection (1) of this section for supplemental transportation improvements that are to be fully funded by the petitioner city, including ongoing operating and maintenance costs, the district must:
(a) Conduct a public hearing, and provide notice and opportunity for public comment consistent with the requirements of RCW 36.73.050(1); and
(b) Following the hearing, if a majority of the district's governing board determines that the proposed supplemental transportation improvements are in the public interest, the district shall adopt an ordinance providing for the incorporation of the supplemental improvements into any existing services. The supplemental transportation improvements must be in addition to existing services provided by the district. The district shall enter into agreements with the petitioner city or identified service providers to coordinate existing services with the supplemental improvements.
(3) Upon receipt of a petition as provided in subsection (1) of this section for supplemental transportation improvements proposed to be partially or fully funded by the district, the district must:
(a) Conduct a public hearing, and provide notice and opportunity for public comment consistent with the requirements of RCW 36.73.050(1); and
(b) Following the hearing, submit a proposition to the voters at the next special or general election for approval by a majority of the voters in the district. The proposition must specify the supplemental transportation improvements to be provided and must estimate the capital, maintenance, and operating costs to be funded by the district.
(4) If a proposition to incorporate supplemental transportation improvements is approved by the voters as provided under subsection (3) of this section, the district shall adopt an ordinance providing for the incorporation of the supplemental improvements into any existing services provided by the district. The supplemental improvements must be in addition to existing services. The district shall enter into agreements with the petitioner city or identified service providers to coordinate existing services with the supplemental improvements.
(5) A supplemental transportation improvement must be consistent with the petitioner city's comprehensive plan under chapter 36.70A RCW.
(6) Unless otherwise agreed to by the petitioner city or by a majority of the district's governing board, upon adoption of an ordinance under subsection (2) or (4) of this section, the district shall maintain its existing public transportation service levels in locations where supplemental transportation improvements are provided.
[ 2010 c 251 s 3.]


title: RCW 36.73.900

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.
[ 1987 c 327 s 16.]

catchline: Liberal construction.


title: RCW 36.74.010

text:
Any city or county in which a transportation benefit district has been established pursuant to chapter 36.73 RCW with boundaries coterminous with the boundaries of the city or county may by ordinance or resolution of the city or county legislative authority assume the rights, powers, functions, and obligations of the transportation benefit district in accordance with this chapter.
[ 2015 3rd sp.s. c 44 s 301.]
Notes:
Effective date—2015 3rd sp.s. c 44: See note following RCW 46.68.395.

catchline: Assumption of rights, powers, functions, and obligations authorized.


title: RCW 36.74.020

text:
(1) The assumption of the rights, powers, functions, and obligations of a transportation benefit district may be initiated by the adoption of an ordinance or a resolution by the city or county legislative authority indicating its intention to conduct a hearing concerning the assumption of such rights, powers, functions, and obligations. If the city or county legislative authority adopts such an ordinance or a resolution of intention, the ordinance or resolution must set a time and place at which the city or county legislative authority will consider the proposed assumption of the rights, powers, functions, and obligations of the transportation benefit district, and must state that all persons interested may appear and be heard. The ordinance or resolution of intention must be published at least two times during the two weeks preceding the scheduled hearing in newspapers of daily general circulation printed or published in the city or county in which the transportation benefit district is to be located.
(2) At the time scheduled for the hearing in the ordinance or resolution of intention, the city or county legislative authority must consider the assumption of the rights, powers, functions, and obligations of the transportation benefit district and hear those appearing and all protests and objections to it. The city or county legislative authority may continue the hearing from time to time, not exceeding sixty days in all.
[ 2015 3rd sp.s. c 44 s 302.]
Notes:
Effective date—2015 3rd sp.s. c 44: See note following RCW 46.68.395.

catchline: Ordinance or resolution of intention to assume rights, powers, functions, and obligations—Adoption—Publication—Hearing.


title: RCW 36.74.030

text:
(1) If, after receiving testimony, the city or county legislative authority determines that the public interest or welfare would be satisfied by the city or county assuming the rights, powers, immunities, functions, and obligations of the transportation benefit district, the city or county legislative authority may declare that to be its intent and assume such rights, powers, immunities, functions, and obligations by ordinance or resolution, providing that the city or county is vested with every right, power, immunity, function, and obligation currently granted to or possessed by the transportation benefit district.
(2) Upon assumption of the rights, powers, immunities, functions, and obligations of the transportation benefit district by the city or county, the governing body established pursuant to RCW 36.73.020 must be abolished and the city or county legislative authority is vested with all rights, powers, immunities, functions, and obligations otherwise vested by law in the governing board of the transportation benefit district.
[ 2015 3rd sp.s. c 44 s 303.]
Notes:
Effective date—2015 3rd sp.s. c 44: See note following RCW 46.68.395.

catchline: Declaration of intention to assume—Abolition of city or county governing body—Transfer of rights, powers, immunities, functions, and obligations to city or county.


title: RCW 36.74.040

text:
No transfer of any function made pursuant to this chapter may be construed to impair or alter any existing rights acquired under chapter 36.73 RCW or any other provision of law relating to transportation benefit districts, nor as impairing or altering any actions, activities, or proceedings validated thereunder, nor as impairing or altering any civil or criminal proceedings instituted thereunder, nor any rule, regulation, or order promulgated thereunder, nor any administrative action taken thereunder; and neither the assumption of control of any transportation benefit district function by a city or county, nor any transfer of rights, powers, functions, and obligations as provided in this chapter, may impair or alter the validity of any act performed by such transportation benefit district or division thereof or any officer thereof prior to the assumption of such rights, powers, functions, and obligations by any city or county as authorized under this chapter.
[ 2015 3rd sp.s. c 44 s 304.]
Notes:
Effective date—2015 3rd sp.s. c 44: See note following RCW 46.68.395.

catchline: Existing rights, actions, proceedings, etc., not impaired or altered.


title: RCW 36.74.050

text:
(1) All rules and regulations and all pending business before the board of any transportation benefit district transferred pursuant to this chapter must be continued and acted upon by the city or county.
(2) All existing contracts and obligations of the transferred transportation benefit district remain in full force and effect and must be performed by the city or county. A transfer authorized in this chapter does not affect the validity of any official act performed by any official or employee prior to the transfer authorized pursuant to this chapter.
[ 2015 3rd sp.s. c 44 s 305.]
Notes:
Effective date—2015 3rd sp.s. c 44: See note following RCW 46.68.395.

catchline: Rules and regulations, pending business, contracts, obligations, validity of official acts.


title: RCW 36.74.060

text:
(1) All reports, documents, surveys, books, records, files, papers, or other writings relating to the administration of the powers, duties, and functions transferred pursuant to this chapter and available to the transportation benefit district must be made available to the city or county.
(2) All funds, credits, or other assets held in connection with powers, duties, and functions transferred under this chapter must be assigned to the city or county.
(3) Any appropriations or federal grant made to the transportation benefit district for the purpose of carrying out the rights, powers, functions, and obligations authorized to be assumed by a city or county pursuant to this chapter, on the effective date of such transfer, must be credited to the city or county for the purpose of carrying out such transferred rights, powers, functions, and obligations.
[ 2015 3rd sp.s. c 44 s 306.]
Notes:
Effective date—2015 3rd sp.s. c 44: See note following RCW 46.68.395.

catchline: Reports, books, records, etc.—Funds, credits, assets—Appropriations or federal grants.


title: RCW 36.74.070

text:
The city or county must assume and agree to provide for the payment of all of the indebtedness of the transportation benefit district, including the payment and retirement of outstanding general obligation and revenue bonds issued by the transportation benefit district.
[ 2015 3rd sp.s. c 44 s 307.]
Notes:
Effective date—2015 3rd sp.s. c 44: See note following RCW 46.68.395.

catchline: Debts and obligations.


title: RCW 36.75.010

text:
As used in this title with relation to roads and bridges, the following terms mean:
(1) "Alley," a highway not designed for general travel and primarily used as a means of access to the rear of residences and business establishments;
(2) "Board," the board of county commissioners or the county legislative authority, however organized;
(3) "Center line," the line, marked or unmarked, parallel to and equidistant from the sides of a two-way traffic roadway of a highway except where otherwise indicated by painted lines or markers;
(4) "City street," every highway or part thereof, located within the limits of incorporated cities and towns, except alleys;
(5) "County engineer" means the county road engineer, county engineer, and engineer, and shall refer to the statutorily required position of county engineer appointed under RCW 36.80.010; and may include the county director of public works when the person in that position also meets the requirements of a licensed professional engineer and is duly appointed by the county legislative authority under RCW 36.80.010;
(6) "County road," every highway or part thereof, outside the limits of incorporated cities and towns and which has not been designated as a state highway;
(7) "Department," the state department of transportation;
(8) "Director" or "secretary," the state secretary of transportation or his or her duly authorized assistant;
(9) "Pedestrian," any person afoot;
(10) "Private road or driveway," every way or place in private ownership and used for travel of vehicles by the owner or those having express or implied permission from the owner, but not by other persons;
(11) "Highway," every way, lane, road, street, boulevard, and every way or place in the state of Washington open as a matter of right to public vehicular travel both inside and outside the limits of incorporated cities and towns;
(12) "Railroad," a carrier of persons or property upon vehicles, other than streetcars, operated upon stationary rails, the route of which is principally outside incorporated cities and towns;
(13) "Roadway," the paved, improved, or proper driving portion of a highway designed or ordinarily used for vehicular travel;
(14) "Sidewalk," property between the curb lines or the lateral lines of a roadway, and the adjacent property, set aside and intended for the use of pedestrians or such portion of private property parallel and in proximity to a highway and dedicated to use by pedestrians;
(15) "State highway," includes every highway as herein defined, or part thereof, that has been designated as a state highway, or branch thereof, by legislative enactment.
[ 2005 c 161 s 1; 1984 c 7 s 26; 1975 c 62 s 1; 1969 ex.s. c 182 s 1; 1963 c 4 s 36.75.010. Prior: 1937 c 187 s 1; RRS s 6450-1.]
Notes:
Severability—1975 c 62: "If any provision of this amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [ 1975 c 62 s 52.]

catchline: Definitions.


title: RCW 36.75.020

text:
All of the county roads in each of the several counties shall be established, laid out, constructed, altered, repaired, improved, and maintained by the legislative authority of the respective counties as agents of the state, or by private individuals or corporations who are allowed to perform such work under an agreement with the county legislative authority. Such work shall be done in accordance with adopted county standards under the supervision and direction of the county engineer.
[ 1982 c 145 s 6; 1963 c 4 s 36.75.020. Prior: 1943 c 82 s 1; 1937 c 187 s 2; Rem. Supp. 1943 s 6450-2.]

catchline: County roads—County legislative authority as agent of state—Standards.


title: RCW 36.75.030

text:
The state department of transportation and the governing officials of any county may enter into reciprocal public highway improvement and maintenance agreements, providing for cooperation either in the county assisting the department in the improvement or maintenance of state highways, or the department assisting the county in the improvement or maintenance of county roads, under any circumstance where a necessity appears therefor or where economy in public highway improvement and maintenance will be best served.
[ 1984 c 7 s 27; 1963 c 4 s 36.75.030. Prior: 1939 c 181 s 11; RRS s 6450-2a.]

catchline: State and county cooperation.


title: RCW 36.75.035

text:
A county pursuant to chapter 36.88 RCW, or a service district as provided for in chapter 36.83 RCW, may, with the approval of the state department of transportation, improve or fund the improvement of any state highway within its boundaries. The county may fund improvements under this section by any means authorized by law, except that expenditures of county road funds under chapter 36.82 RCW under this section must be limited to improvements to the state highway system and shall not include maintenance or operations. Nothing in this section shall limit the authority of a county to fund cooperative improvement and maintenance agreements with the department of transportation, authorized by RCW 36.75.030 or 47.28.140.
[ 2002 c 60 s 1; 1985 c 400 s 1.]
Notes:
County road improvement districts and service districts may improve state highways: RCW 36.83.010 and 36.88.010.

catchline: County may fund improvements to state highways.


title: RCW 36.75.040

text:
The board of county commissioners of each county, in relation to roads and bridges, shall have the power and it shall be its duty to:
(1) Acquire in the manner provided by law property real and personal and acquire or erect structures necessary for the administration of the county roads of such county;
(2) Maintain a county engineering office and keep record of all proceedings and orders pertaining to the county roads of such county;
(3) Acquire land for county road purposes by purchase, gift, or condemnation, and exercise the right of eminent domain as by law provided for the taking of land for public use by counties of this state;
(4) Perform all acts necessary and proper for the administration of the county roads of such county as by law provided;
(5) In its discretion rent or lease any lands, improvements or air space above or below any county road or unused county roads to any person or entity, public or private: PROVIDED, That the said renting or leasing will not interfere with vehicular traffic along said county road or adversely affect the safety of the traveling public: PROVIDED FURTHER, That any such sale, lease or rental shall be by public bid in the manner provided by law: AND PROVIDED FURTHER, That nothing herein shall prohibit any county from granting easements of necessity.
[ 1969 ex.s. c 182 s 15; 1963 c 4 s 36.75.040. Prior: 1937 c 187 s 3; RRS s 6450-3.]

catchline: Powers of county commissioners.


title: RCW 36.75.050

text:
The powers and duties vested in or imposed upon the boards with respect to establishing, examining, surveying, constructing, altering, repairing, improving, and maintaining county roads, shall be exercised under the supervision and direction of the county road engineer.
The board shall by resolution, and not otherwise, order the survey, establishment, construction, alteration, or improvement of county roads; the county road engineer shall prepare all necessary maps, plans, and specifications therefor, showing the right-of-way widths, the alignments, gradients, and standards of construction.
[ 1963 c 4 s 36.75.050. Prior: 1943 c 73 s 1, part; 1937 c 187 s 4, part; Rem. Supp. 1943 s 6450-4.]

catchline: Powers—How exercised.


title: RCW 36.75.060

text:
For the purpose of efficient administration of the county roads of each county the board may, but not more than once in each year, form their respective counties, or any part thereof, into suitable and convenient road districts, not exceeding nine in number, and cause a description thereof to be entered upon their records.
Unless the board decides otherwise by majority vote, there shall be at least one road district in each county commissioner's district embracing territory outside of cities and towns and no road district shall extend into more than one county commissioner's district.
[ 1969 ex.s. c 182 s 3; 1963 c 4 s 36.75.060. Prior: 1937 c 187 s 5; RRS s 6450-5.]

catchline: County road districts.


title: RCW 36.75.065

text:
In addition to other authority that a road district possesses, a road district may provide any public improvement as defined under RCW 39.89.020, but this additional authority is limited to participating in the financing of the public improvements as provided under RCW 39.89.050.
This section does not limit the authority of a road district to otherwise participate in the public improvements if that authority exists elsewhere.
[ 2001 c 212 s 16.]

catchline: Community revitalization financing—Public improvements.


title: RCW 36.75.070

text:
All public highways in this state, outside incorporated cities and towns and not designated as state highways, which have been used as public highways for a period of not less than seven years, where they have been worked and kept up at the expense of the public, are county roads.
[ 1963 c 4 s 36.75.070. Prior: 1955 c 361 s 2; prior: 1945 c 125 s 1, part; 1937 c 187 s 10, part; Rem. Supp. 1945 s 6450-10, part.]

catchline: Highways worked seven years are county roads.


title: RCW 36.75.080

text:
All public highways in this state, outside incorporated cities and towns and not designated as state highways which have been used as public highways for a period of not less than ten years are county roads: PROVIDED, That no duty to maintain such public highway nor any liability for any injury or damage for failure to maintain such public highway or any road signs thereon shall attach to the county until the same shall have been adopted as a part of the county road system by resolution of the county commissioners.
[ 1963 c 4 s 36.75.080. Prior: 1955 c 361 s 3; prior: 1945 c 125 s 1, part; 1937 c 187 s 10, part; Rem. Supp. 1945 s 6450-10, part.]

catchline: Highways used ten years are county roads.


title: RCW 36.75.090

text:
All public highways in this state which have been a part of the route of a state highway and have been or may hereafter be no longer necessary as such, if situated outside of the limits of incorporated cities or towns, shall, upon certification thereof by the state department of transportation to the legislative authority of the county in which any portion of the highway is located, become a county road of the county, and if situated within the corporate limits of any city or town shall upon certification thereof by the state department of transportation to the mayor of the city or town in which any portion of the highway is located become a street of the city or town. Upon the certification the secretary of transportation shall execute a deed, which shall be duly acknowledged, conveying the abandoned highway or portion thereof to the county or city as the case may be.
[ 1984 c 7 s 28; 1977 ex.s. c 78 s 4; 1963 c 4 s 36.75.090. Prior: 1955 c 361 s 4; prior: 1953 c 57 s 1; 1945 c 125 s 1, part; 1937 c 187 s 10, part; Rem. Supp. 1945 s 6450-10, part.]

catchline: Abandoned state highways.


title: RCW 36.75.100

text:
No informalities in the records in laying out, establishing, or altering any public highways existing on file in the offices of the various county auditors of this state or in the records of the department or the transportation commission, may be construed to invalidate or vacate the public highways.
[ 1984 c 7 s 29; 1963 c 4 s 36.75.100. Prior: 1937 c 187 s 11; RRS s 6450-11.]

catchline: Informalities not fatal.


title: RCW 36.75.110

text:
Whenever the board declares by resolution that the true location, course, or width of any county road is uncertain and that the same should be determined, it shall direct the county road engineer to make examination and survey thereof.
This shall embrace an examination and survey of the original petition, report, and field notes on the establishment of such road; a survey of the present traveled roadway; all topography within a reasonable distance and having a bearing on the true location of such road; the distance from the center line of the traveled roadway to the nearest section and quarter section corners; a map of sufficient scale accurately showing the above with field notes thereon; a map on the same scale showing the original field notes, such field notes to be transposed and the same meridian used on both maps.
[ 1963 c 4 s 36.75.110. Prior: 1937 c 187 s 12; RRS s 6450-12.]

catchline: True locations to be determined—Survey.


title: RCW 36.75.120

text:
When the true location, course, or width of a county road, which was prior thereto uncertain, has been reported by the examining engineer, the board shall file an action in the superior court of such county for the determination thereof. All persons affected by the determination of the true location, course, or width insofar as the same may vary from the originally established location, course, or width shall be made parties defendant in such action and service had and return made as in the case of civil actions. Upon the hearing the court shall consider the survey, maps, and all data with reference to the investigation of the examining engineer and may demand such further examination as it may deem necessary and any objection of any party defendant may be heard and considered. The court shall determine the true location, course, and width of the road and may in its discretion assess the cost of such action against the county to be paid from the county road fund.
[ 1963 c 4 s 36.75.120. Prior: 1937 c 187 s 13; RRS s 6450-13.]

catchline: Action to determine true location.


title: RCW 36.75.130

text:
(1) No person shall be permitted to build or construct any approach to any county road without first obtaining permission therefor from the board.
(2) The boards of the several counties of the state may adopt reasonable rules for the construction of approaches which, when complied with, shall entitle a person to build or construct an approach from any abutting property to any county road. The rules may include provisions for the construction of culverts under the approaches, the depth of fills over the culverts, and for such other drainage facilities as the board deems necessary. The construction of approaches, culverts, fills, or such other drainage facilities as may be required, shall be under the supervision of the county road engineer, and all such construction shall be at the expense of the person benefited by the construction.
(3) Any person violating this section is guilty of a misdemeanor.
[ 2003 c 53 s 208; 1963 c 4 s 36.75.130. Prior: 1943 c 174 s 1; Rem. Supp. 1943 s 6450-95.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: Approaches to county roads—Rules regarding construction—Penalty.


title: RCW 36.75.160

text:
The board of county commissioners of any county may erect and construct or acquire by purchase, gift, or condemnation, any bridge, trestle, or any other structure which crosses any stream, body of water, gulch, navigable water, swamp or other topographical formation requiring such structure for the continuation or connection of any county road if such topographical formation constitutes the boundary of a city, town, another county or the state of Washington or another state or a county, city or town of such other state.
The board of such county may join with such city, town, other county, the state of Washington, or other state, or a county, city or town of such other state in paying for, erecting, constructing, acquiring by purchase, gift, or condemnation any such bridge, trestle, or other structure, and the purchase or condemnation of right-of-way therefor.
The board of any county may construct, maintain, and operate any county road which forms the boundary line between another county within the state or another county in any other state or which through its meandering crosses such boundary; and acquire by purchase or condemnation any lands or rights within this state, either within or without its county, necessary for such boundary road; and enter into joint contracts with authorities of adjoining counties for the construction, operation, and maintenance of such boundary roads. The power of condemnation herein granted may be exercised jointly by two counties in the manner provided in RCW 36.75.170 for bridges, or it may be exercised by a single county in the manner authorized by law.
[ 2000 c 155 s 1; 1963 c 4 s 36.75.160. Prior: 1943 c 82 s 3; 1937 c 187 s 26; Rem. Supp. 1943 s 6450-26.]

catchline: Power of county commissioners as to roads, bridges, and other structures crossing boundary lines.


title: RCW 36.75.170

text:
The board may by original resolution entered upon its minutes declare its intention to pay for and erect or construct, or acquire by purchase, gift, or condemnation, any bridge, trestle, or other structure upon any county road which crosses any stream, body of water, gulch, navigable water, swamp or other topographical formation constituting a boundary, or to join therein with any other county, city or town, or with this state, or with any other state, or with any county, city or town of any other state, in the erection, or construction, or acquisition of any such structure, and declare that the same is a public necessity, and direct the county road engineer to report upon such project, dividing any just proportional cost thereof.
In the event two counties or any county and any city wish to join in paying for the erection or acquisition of any such structure, the resolution provided in this section shall be a joint resolution of the governing authorities of the counties and cities and they shall further, by such resolution, designate an engineer employed by one county to report upon the proposed erection or acquisition.
[ 1963 c 4 s 36.75.170. Prior: 1937 c 187 s 27; RRS s 6450-27.]

catchline: Power of county commissioners as to roads, bridges, and other structures crossing boundary lines—Resolution to acquire or construct.


title: RCW 36.75.180

text:
Ten or more freeholders of any county may petition the board for the erection and construction or acquisition by purchase, gift, or condemnation of any bridge, trestle, or any other structure in the vicinity of their residence, and upon any county road which crosses any stream, body of water, gulch, navigable waters, swamp or other topographical formation constituting a boundary by joining with any other county, city or town, or the state of Washington, or with any other state or with any county, city or town of any other state, setting forth and describing the location proposed for the erection of such bridge, trestle, or other structure, and stating that the same is a public necessity. The petition shall be accompanied by a bond with the same requirements, conditions, and amount and in the same manner as in case of a freeholders' petition for the establishing of a county road. Upon the filing of such petition and bond and being satisfied that the petition has been signed by freeholders residing in the vicinity of such proposed bridge, trestle, or other structure, the board shall direct the county road engineer to report upon the project, dividing any just proportional cost thereof.
In the event two counties or any county and any city or town are petitioned to join in paying for the erection or acquisition of such structure, the board of county commissioners of the counties or the board of county commissioners of the county and governing authorities of the city or town shall act jointly in the selection of the engineer who shall report upon such acquisition or erection.
[ 1963 c 4 s 36.75.180. Prior: 1937 c 187 s 28; RRS s 6450-28.]

catchline: Power of county commissioners as to roads, bridges, and other structures crossing boundary lines—Freeholders' petition to acquire or construct.


title: RCW 36.75.190

text:
Upon report by the examining engineer for the erection and construction upon any county road, or for acquisition by purchase, gift or condemnation of any bridge, trestle, or any other structure crossing any stream, body of water, gulch, navigable water, swamp or other topographical formation, which constitutes a boundary, publication shall be made and joint hearing had upon such report in the same manner and upon the same procedure as in the case of resolution or petition for the laying out and establishing of county roads. If upon the hearing the governing authorities jointly order the erection and construction or acquisition of such bridge, trestle, or other structure, they may jointly acquire land necessary therefor by purchase, gift, or condemnation in the manner as provided for acquiring land for county roads, and shall advertise calls for bids, require contractor's deposit and bond, award contracts, and supervise construction as by law provided and in the same manner as required in the case of the construction of county roads.
Any such bridges, trestles or other structures may be operated free, or may be operated as toll bridges, trestles, or other structures under the provisions of the laws of this state relating thereto.
[ 1963 c 4 s 36.75.190. Prior: 1937 c 187 s 29; RRS s 6450-29.]

catchline: Engineer's report—Hearing—Order.


title: RCW 36.75.200

text:
The boards of the several counties may expend funds from the county road fund for the construction, improvement, repair, and maintenance of any bridge upon any city street within any city or town in such county where such city street and bridge are essential to the continuation of the county road system of the county. Such construction, improvement, repair, or maintenance shall be ordered by resolution and proceedings conducted in respect thereto in the same manner as provided for the laying out and establishing of county roads by counties, and for the preparation of maps, plans, and specifications, advertising and award of contracts therefor.
[ 1963 c 4 s 36.75.200. Prior: 1937 c 187 s 30; RRS s 6450-30.]

catchline: Bridges on city or town streets.


title: RCW 36.75.203

text:
If the centerline of a portion of a county road is part of a corporate boundary of a city or town as of May 21, 1985, and that portion of county road has no connection to the county road system, maintenance of all affected portions of the road shall be the responsibility of such city or town after a petition requesting the same has been made to the city or town by the county legislative authority.
[ 1985 c 429 s 2.]

catchline: Responsibility of city to maintain county road forming a municipal boundary.


title: RCW 36.75.205

text:
Whenever any street in any town, having a population of less than one thousand persons, forms an extension of a county road of the county in which such town is located, and where the board of county commissioners of such county and the governing body of such town, prior to the commencement of any work, have mutually agreed and each adopted a resolution setting forth the nature and scope of the work to be performed and the share of the cost or labor which each shall bear, such county may expend county road funds for construction, improvement, repair, or maintenance of such street.
[ 1963 c 4 s 36.75.205. Prior: 1959 c 83 s 1.]

catchline: Street as extension of road in town of less than one thousand.


title: RCW 36.75.207

text: See RCW 35.77.020 through 35.77.040.

catchline: Agreements for planning, establishment, construction, and maintenance of city streets by counties—Use of county road fund—Payment by city—Contracts, bids.


title: RCW 36.75.210

text:
Whenever a county road is established within any county, and such county road crosses the boundary of the county, the board of the county within which the major portion of the road is located may expend the county road fund of such county in laying out, establishing, constructing, altering, repairing, improving, and maintaining that portion of the road lying outside the county, in the manner provided by law for the expenditure of county funds for the construction, alteration, repair, improvement, and maintenance of county roads within the county.
The board of any county may construct, maintain, and operate any county road which forms the boundary line between another county within the state or another county in any other state or which through its meandering crosses such boundary; and acquire by purchase or condemnation any lands or rights within this state, either within or without its county, necessary for such boundary road; and enter into joint contracts with authorities of adjoining counties for the construction, operation, and maintenance of such boundary roads. The power of condemnation herein granted may be exercised jointly by two counties in the manner provided for bridges, or it may be exercised by a single county in the manner authorized by law.
[ 2000 c 155 s 2; 1963 c 4 s 36.75.210. Prior: 1937 c 187 s 23; RRS s 6450-23. FORMER PART OF SECTION: 1943 c 82 s 3, part; 1937 c 187 s 26, part; Rem. Supp. 1943 s 6450-26, part, now codified in RCW 36.75.160.]

catchline: Roads crossing boundaries.


title: RCW 36.75.220

text:
Whenever two counties are separated by an intervening portion of a third county not exceeding one mile in width, and each of such counties has constructed or shall construct a county road to the boundary thereof, and the boards of the two counties deem it beneficial to such counties to connect the county roads by the construction and maintenance of a county road across the intervening portion of the third county, it shall be lawful for the boards of the two counties to expend jointly the county road funds of their respective counties in acquiring right-of-way for the construction, improvement, repair, and maintenance of such connecting county road and any necessary bridges thereon, in the manner provided by law for the expenditure of county road funds for the construction, improvement, repair, and maintenance of county roads lying within a county.
[ 1963 c 4 s 36.75.220. Prior: 1937 c 187 s 24; RRS s 6450-24.]

catchline: Connecting road across segment of third county.


title: RCW 36.75.230

text:
For the purpose of carrying into effect RCW 36.75.210 and 36.75.220 and under the circumstances therein set out the boards may acquire land necessary for the right-of-way for any portion of a county road lying outside such county or counties by gift or purchase or by condemnation in the manner provided for the taking of property for public use by counties.
[ 1963 c 4 s 36.75.230. Prior: 1937 c 187 s 25, part; RRS s 6450-25, part.]

catchline: Acquisition of land under RCW 36.75.210 and 36.75.220.


title: RCW 36.75.240

text:
The boards may expend funds credited to the county road fund from any county or road district tax levied for the construction of county roads for the construction of sidewalks, bicycle paths, lanes, routes, and roadways, and pedestrian allocated paths or walks. Bicycle facilities constructed or modified after June 10, 1982, shall meet or exceed the standards of the state department of transportation.
[ 1982 c 55 s 2; 1974 ex.s. c 141 s 7; 1963 c 4 s 36.75.240. Prior: 1937 c 187 s 25, part; RRS s 6450-25, part.]
Notes:
Pavement marking standards: RCW 47.36.280.

catchline: Sidewalks and pedestrian paths or walks—Bicycle paths, lanes, routes, and roadways—Standards.


title: RCW 36.75.243

text: See RCW 35.68.075, 35.68.076.

catchline: Curb ramps for persons with physical disabilities.


title: RCW 36.75.250

text:
If by any agreement with the federal government or any agency thereof or with the state or any agency thereof, a county has agreed to maintain certain county roads or any portion thereof and the maintenance is not being performed to the satisfaction of the federal government or the department, reasonably consistent with original construction, notice thereof may be given by the department to the legislative authority of the county, and if the county legislative authority does not within ten days provide for the maintenance, the department may perform the maintenance, and the state treasurer shall pay the cost thereof on vouchers submitted by the department and deduct the cost thereof from any sums in the motor vehicle fund credited or to be credited to the county in which the county road is located.
[ 1984 c 7 s 30; 1963 c 4 s 36.75.250. Prior: 1937 c 187 s 46; RRS s 6450-46.]

catchline: State may intervene if maintenance neglected.


title: RCW 36.75.255

text:
Any county may assist a street abutter in improving the street serving the abutter's premises by providing asphalt, concrete, or other supplies or materials. The furnishing of supplies or materials or paying to the abutter the cost thereof and the providing of inspectors and other incidental personnel shall not render the street improvements a public work or improvement subject to competitive bidding. The legislative authority of such county shall approve any such assistance at a public meeting and shall maintain a public register of any such assistance setting forth the value, nature, purpose, date and location of the assistance and the name of the beneficiary.
[ 1983 c 103 s 2.]

catchline: Street improvements—Provision of supplies or materials.


title: RCW 36.75.260

text:
Each county legislative authority shall on or before May 31st of each year submit such records and reports to the secretary of transportation, on forms furnished by the department, as are necessary to enable the secretary to compile an annual report on county highway operations.
[ 1999 c 204 s 2; 1984 c 7 s 31; 1977 c 75 s 31; 1963 c 4 s 36.75.260. Prior: 1943 c 82 s 8; 1937 c 187 s 58; Rem. Supp. 1943 s 6450-58.]

catchline: Annual report to secretary of transportation.


title: RCW 36.75.270

text:
The board of county commissioners of each county may by resolution limit or prohibit classes or types of vehicles on any county road or bridge and may limit the weight of vehicles which may travel thereon. Any such resolution shall be effective for a definite period of time which shall be stated in the resolution. If such resolution is published at least once in a newspaper of general circulation in the county and if signs indicating such closure or limitation of traffic have been posted on such road or bridge, any person violating such resolution shall be guilty of a misdemeanor.
[ 1963 c 4 s 36.75.270. Prior: 1949 c 156 s 8; Rem. Supp. 1949 s 6450-8g.]
Notes:
Local restrictions or limitations of weight: RCW 46.44.080.

catchline: Limitation of type or weight of vehicles authorized—Penalty.


title: RCW 36.75.280

text:
All county road machinery, equipment, stores, and supplies, excepting stockpiles and other road building material, shall while not in use be stored and repaired at one centralized point in each county: PROVIDED, That if the geography, topography, distance, or other valid economic considerations require more than one place for storage or repairs, the county commissioners may, by unanimous vote, authorize the same.
[ 1963 c 4 s 36.75.280. Prior: 1949 c 156 s 4; Rem. Supp. 1949 s 6450-8d.]

catchline: Centralized repair and storage of machinery, equipment, supplies, etc.


title: RCW 36.75.290

text:
It shall be a misdemeanor for any person to violate any of the provisions of this title relating to county roads and bridges unless such violation is by this title or other law of this state declared to be a felony or gross misdemeanor.
[ 1963 c 4 s 36.75.290. Prior: 1943 c 82 s 13, part; 1937 c 187 s 66, part; Rem. Supp. 1943 s 6450-66, part.]

catchline: General penalty.


title: RCW 36.75.300

text:
The legislative authority of each county may by resolution classify and designate portions of the county roads as primitive roads where the designated road portion:
(1) Is not classified as part of the county primary road system, as provided for in RCW 36.86.070;
(2) Has a gravel or earth driving surface; and
(3) Has an average annual daily traffic of one hundred or fewer vehicles.
Any road designated as a primitive road shall be marked with signs indicating that it is a primitive road, as provided in the manual of uniform traffic control devices, at all places where the primitive road portion begins or connects with a highway other than another primitive road. No design or signing or maintenance standards or requirements, other than the requirement that warning signs be placed as provided in this section, apply to primitive roads.
The design of a primitive road, any discretionary maintenance, and the location, placing, or failing to place road signs, other than the requirement that warning signs be placed as provided in this section, shall not be considered in any action for damages brought against a county, or against a county employee or county employees, or both, arising from vehicular traffic on the primitive road.
[ 2014 c 205 s 1; 1985 c 369 s 2; 1980 c 45 s 1.]

catchline: Primitive roads—Classification and designation.


title: RCW 36.76.080

text:
The legislative authority of any county may, whenever a majority thereof so decides, submit to the voters of their county the question whether the legislative authority shall be authorized to issue negotiable road bonds of the county in an amount subject to the limitations on indebtedness provided for in RCW 39.36.020(2), for the purpose of constructing a new road or roads, or improving established roads within the county, or for aiding in so doing, as herein prescribed.
The word "improvement" wherever used in this section and RCW 36.76.090, 36.76.100, 36.76.110, 36.76.120, and 36.76.130 shall embrace any undertaking for any or all of such purposes. The word "road" shall embrace all highways, roads, streets, avenues, bridges, and other public ways.
The provisions of this section and RCW 36.76.090, 36.76.100, 36.76.110, 36.76.120, and 36.76.130 shall apply not only to roads which are or shall be under the general control of the county, but also to all parts of state roads in such county and to all roads which are situated or are to be constructed wholly or partly within the limits of any incorporated city or town therein, provided the county legislative authority finds that they form or will become a part of the public highway system of the county, and will connect the existing roads therein. Such finding may be made by the county legislative authority at any stage of the proceedings before the actual delivery of the bonds.
The constructing or improving of any and all such roads, or the aiding therein, is declared to be a county purpose.
The question of the issuance of bonds for any undertaking which relates to a number of different roads or parts thereof, whether intended to supply the whole expenditure or to aid therein, may be submitted to the voters as a single proposition in all cases where such course is consistent with the provisions of the state Constitution. If the county legislative authority, in submitting a proposition relating to different roads or parts thereof, finds that such proposition has for its object the furtherance and accomplishment of the construction of a system of public and county highways in such county, and constitutes and has for its object a single purpose, such finding shall be presumed to be correct, and upon the issuance of the bonds the presumption shall become conclusive.
No proposition for bonds shall be submitted which proposes that more than forty percent of the proceeds thereof shall be expended within any city or town or within any number of cities and towns.
[ 1983 c 167 s 90; 1971 c 76 s 2; 1970 ex.s. c 42 s 22; 1963 c 4 s 36.76.080. Prior: 1913 c 25 s 1; RRS s 5592.]
Notes:
Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following.

catchline: Bonds authorized—Election.


title: RCW 36.76.090

text:
The election shall be held as provided in RCW 39.36.050. If three-fifths of the legal ballots cast on the question of issuing bonds for the improvement contemplated in RCW 36.76.080 are in favor of the bond issue, the county legislative authority must issue the general obligation bonds. Such bonds shall be issued and sold in accordance with chapter 39.46 RCW.
[ 1984 c 186 s 31; 1983 c 167 s 91; 1970 ex.s. c 56 s 53; 1969 ex.s. c 232 s 29; 1963 c 4 s 36.76.090. Prior: 1913 c 25 s 2; RRS s 5593.]
Notes:
Purpose—1984 c 186: See note following RCW 39.46.110.
Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes following RCW 39.52.020.

catchline: How to be held—Issuance of bonds.


title: RCW 36.76.100

text:
The notice of this election shall state which road or roads are to be built or improved. The notice need not describe the road or roads with particularity, but it shall be sufficient either to describe them by termini and with a general statement as to their course, or to use any other appropriate language sufficient to show the purpose intended to be accomplished. The county legislative authority may, at its option, give such other or further notice as it may deem advisable.
[ 1984 c 186 s 32; 1963 c 4 s 36.76.100. Prior: 1913 c 25 s 4; RRS s 5595.]
Notes:
Purpose—1984 c 186: See note following RCW 39.46.110.

catchline: Notice of election.


title: RCW 36.76.110

text:
When the bonds are sold, the money arising therefrom shall be immediately paid into the treasury of the county, and shall be drawn only for the improvement for which they were issued, under the general direction of the board: PROVIDED, That if the improvement includes in whole or in part the constructing or improving of one or more roads, or any part or parts thereof, within the limits of an incorporated city or town, and if the county commissioners find that the amount of the proceeds of the bonds intended to be expended for the improvements within such corporate limits will probably not be sufficient to defray the entire expense of the improvement therein, and if they further find it to be equitable that the city or town should bear the remainder of the expense, they may postpone any expenditure therefor from the proceeds of the bonds until the city or town makes provision by ordinance for proceeding with the improvement within its corporate limits at its own expense insofar as concerns the cost thereof over and above the amount of bond proceeds available therefor.
In such case it shall be lawful for the county commissioners to consent, under such general directions as they shall impose, that the proper authorities of the city or town shall have actual charge of making the proposed improvement within the corporate limits. The city or town shall acquire any needed property or rights and do the work by contract or otherwise in accordance with its charter or ordinances, but the same shall be subject to the approval of the county commissioners insofar as concerns any payment therefor from the proceeds of the bonds.
In such case, as the work progresses and money is needed to pay therefor, the county commissioners shall, from time to time, by proper order, specifying the amount and purpose, direct the county treasurer to turn over to the city or town treasurer such part or parts of the proceeds of the bonds as may be justly applicable to such improvement or part thereof within such city or town, and any money so received by the city or town treasurer shall be inviolably applied to the purpose specified. When that portion of the entire improvement which lies within any such city or town can readily be separated into parts, the procedure authorized by this section may be pursued separately as to any one or more of such parts of the general improvement.
Nothing contained in this section shall be construed to render the county liable for any greater part of the expense of any improvement or part thereof within any city or town than the proper amount of the proceeds of such bonds, or to prevent the city or town from raising any part of the cost of any such improvement or part thereof, over and above the amount arising from the proceeds of the bonds, by assessment upon property benefited, or by contribution from any of its general or special funds in accordance with the provisions of the charter or laws governing such city or town. The provisions of this section, other than the direction for the payment into the county treasury of the money arising from the sale of the bonds, need not be complied with until after the issuance of the bonds and the validity of the bonds shall not be dependent upon such compliance.
[ 1963 c 4 s 36.76.110. Prior: 1913 c 25 s 5; RRS s 5596.]

catchline: Disposition of proceeds—City assistance.


title: RCW 36.76.120

text:
The county legislative authority must ascertain and levy annually a tax sufficient to pay the interest on all such bonds whenever it becomes due and to meet the annual maturities of principal. The county treasurer must pay out of any money accumulated from the taxes levied to pay the interest as aforesaid, the interest upon all such bonds when it becomes due as provided on the bond or, if coupons are attached to a bond, upon presentation at the place of payment of the proper coupon. Any interest payments or coupons so paid must be reported to the county legislative authority at its first meeting thereafter. Whenever interest is payable at any place other than the city in which the county treasurer keeps his or her office, the county treasurer shall seasonably remit to the state fiscal agent the amount of money required for the payment of any interest which is about to fall due. When any such bonds or any interest is paid, the county treasurer shall suitably and indelibly cancel them.
[ 2009 c 549 s 4125; 1984 c 186 s 33; 1983 c 167 s 92; 1963 c 4 s 36.76.120. Prior: 1913 c 25 s 3; RRS s 5594.]
Notes:
Purpose—1984 c 186: See note following RCW 39.46.110.
Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following.

catchline: Payment of principal and interest.


title: RCW 36.76.130

text:
*This act shall not be construed as repealing or affecting any other act relating to the issuance of bonds for road or other purposes, but shall be construed as conferring additional power and authority.
[ 1963 c 4 s 36.76.130. Prior: 1913 c 25 s 7; RRS s 5598.]
Notes:
*Reviser's note: "This act" [1913 c 25] consists of RCW 36.76.080, 36.76.090, 36.76.100, 36.76.110, 36.76.120, and 36.76.130.

catchline: Act cumulative.


title: RCW 36.76.140

text:
The county legislative authority may, by majority vote, and by submission to the voters under the same procedure required in RCW 36.76.090 and 36.76.100, issue general obligation bonds for the purpose of contributing money, or the bonds themselves, to the department to help finance the construction of toll bridges across topographical formations constituting boundaries between the county and an adjoining county, or a toll bridge across topographical formation located wholly within an adjoining county, which in the discretion of the county legislative authority, directly or indirectly benefits the county. The bonds may be transferred to the department to be sold by it for the purposes outlined herein. The bonds may bear interest at a rate or rates as authorized by the county legislative authority. Such indebtedness is subject to the limitations on indebtedness provided for in RCW 39.36.020(2).
[ 1984 c 7 s 32; 1971 c 76 s 3; 1970 ex.s. c 56 s 54; 1969 ex.s. c 232 s 30; 1963 c 4 s 36.76.140. Prior: 1955 c 194 s 1.]
Notes:
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes following RCW 39.52.020.

catchline: Toll bridge bonds authorized—Adjoining counties.


title: RCW 36.77.010

text:
Whenever it is ordered by resolution of the board that any county road shall be laid out and established and altered, widened, or otherwise constructed or improved, the county road engineer employed by the county shall prepare such maps, plans, and specifications as shall be necessary and sufficient. A copy of such maps, plans, and specifications shall be approved by the board of county commissioners with its approval endorsed thereon, and such copy shall be filed with the clerk of the board.
[ 1963 c 4 s 36.77.010. Prior: 1959 c 67 s 2; prior: 1937 c 187 s 32, part; RRS s 6450-32, part.]

catchline: Maps, plans, and specifications.


title: RCW 36.77.020

text:
Upon approval of such maps, plans, and specifications and the filing thereof the board shall, if it determines that the work shall be done by contract, advertise a call for bids upon such construction work by publication in the official county paper and also one trade paper of general circulation in the county, in one issue of each such paper at least once in each week for two consecutive weeks prior to the time set in the call for bids for the opening of bids. All bids shall be submitted under sealed cover before the time set for the opening of bids.
[ 1963 c 4 s 36.77.020. Prior: 1959 c 67 s 3; prior: 1937 c 187 s 32, part; RRS s 6450-32, part.]

catchline: Approval—Call for bids.


title: RCW 36.77.030

text:
At the time and place fixed in the call for bids, such bids as have been submitted shall be publicly opened and read. No bid may be considered unless it is accompanied by a bid deposit in the form of a surety bond, cash, cashier's check, or certified check in an amount equal to five percent of the amount of the bid proposed.
[ 1985 c 369 s 3; 1963 c 4 s 36.77.030. Prior: 1959 c 67 s 4; prior: 1937 c 187 s 32, part; RRS s 6450-32, part.]

catchline: Opening of bids—Deposit.


title: RCW 36.77.040

text:
The board shall proceed to award the contract to the lowest and best bidder but may reject any or all bids if in its opinion good cause exists therefor. The board shall require from the successful bidder a contractor's bond in the amount and with the conditions imposed by law. Should the bidder to whom the contract is awarded fail to enter into the contract and furnish the contractor's bond as required within ten days after notice of the award, exclusive of the day of notice, the amount of the bid deposit shall be forfeited to the county and placed in the county road fund and the contract awarded to the next lowest and best bidder. A low bidder who claims error and fails to enter into a contract is prohibited from bidding on the same project if a second or subsequent call for bids is made for the project. The bid deposit of all unsuccessful bidders shall be returned after the contract is awarded and the required contractor's bond given by the successful bidder is accepted by the board.
[ 1996 c 18 s 4; 1963 c 4 s 36.77.040. Prior: 1959 c 67 s 5; prior: 1937 c 187 s 32, part; RRS s 6450-32, part.]

catchline: Award of contract—Bond—Low bidder claiming error.


title: RCW 36.77.065

text:
The board may cause any county road to be constructed or improved by use of county forces as provided in this section.
(1) As used in this section:
(a) "County forces" means regular employees of a county; and
(b) "Road construction project costs" means the aggregate total of those costs as defined by the budgeting, accounting, and reporting system for counties and cities and other local governments authorized under RCW 43.09.200 and 43.09.230 as prescribed in the state auditor's budget, accounting, and reporting manual's (BARS) road and street construction accounts: PROVIDED, That such costs shall not include those costs assigned to the right-of-way account, ancillary operations account, preliminary engineering account, and construction engineering account in the budget, accounting, and reporting manual.
(2) For counties with a population that equals or exceeds four hundred thousand people, the total amount of road construction project costs one county may perform annually with county forces shall be no more than the total of the following amounts:
(a) Three million two hundred fifty thousand dollars; and
(b) The previous year's county motor vehicle fuel tax distribution factor, as provided for in RCW 46.68.124(5), multiplied by the amount listed in (a) of this subsection.
(3) For counties with a population that equals or exceeds one hundred fifty thousand, but is less than four hundred thousand people, the total amount of road construction project costs one county may perform annually with county forces shall be no more than the total of the following amounts:
(a) One million seven hundred fifty thousand dollars; and
(b) The previous year's county motor vehicle fuel tax distribution factor, as provided for in RCW 46.68.124(5), multiplied by the amount listed in (a) of this subsection.
(4) For counties with a population that equals or exceeds thirty thousand, but is less than one hundred fifty thousand people, the total amount of road construction project costs one county may perform annually with county forces shall be no more than the total of the following amounts:
(a) One million one hundred fifty thousand dollars; this amount shall increase to one million two hundred fifty thousand dollars effective January 1, 2012; and
(b) The previous year's county motor vehicle fuel tax distribution factor, as provided for in RCW 46.68.124(5), multiplied by the amount listed in (a) of this subsection.
(5) For counties with a population that is less than thirty thousand people, the total amount of road construction project costs one county may perform annually with county forces shall be no more than the total of the following amounts:
(a) Seven hundred thousand dollars; this amount shall increase to eight hundred thousand dollars effective January 1, 2012; and
(b) The previous year's county motor vehicle fuel tax distribution factor, as provided for in RCW 46.68.124(5), multiplied by the amount listed in (a) of this subsection.
(6) Any county whose expenditure for county forces for road construction projects exceeds the limits specified in this section, is in violation of the county road administration board's standards of good practice under RCW 36.78.020 and is in violation of this section.
(7) Notwithstanding any other provision in this section, whenever the construction work or improvement is the installation of electrical traffic control devices, highway illumination equipment, electrical equipment, wires, or equipment to convey electrical current, in an amount exceeding forty thousand dollars for any one project including labor, equipment, and materials, such work shall be performed by contract as in this chapter provided. This section means a complete project and does not permit the construction of any project by county forces by division of the project into units of work or classes of work.
[ 2019 c 310 s 1; 2009 c 29 s 1; 2005 c 162 s 1; 2001 c 108 s 1; 1980 c 40 s 1.]
Notes:
Effective date—1980 c 40: "This act shall take effect on January 1, 1981." [ 1980 c 40 s 3.]

catchline: County forces construction projects or programs—Amounts—Violations.


title: RCW 36.77.070

text:
If the board determines that any construction should be performed by county forces, and the estimated cost of the work exceeds ten thousand dollars, it shall cause to be published in one issue of a newspaper of general circulation in the county, a brief description of the work to be done and the county road engineer's estimate of the cost thereof. At the completion of such construction, the board shall cause to be published in one issue of such a newspaper a similar brief description of the work together with an accurate statement of the true and complete cost of performing such construction by county forces.
Failure to make the required publication shall subject each county commissioner to a fine of one hundred dollars for which he or she shall be liable individually and upon his or her official bond and the prosecuting attorney shall prosecute for violation of the provisions of this section and RCW 36.77.065.
[ 2009 c 549 s 4126; 2009 c 29 s 2; 1983 c 3 s 81; 1963 c 4 s 36.77.070. Prior: 1949 c 156 s 9, part; 1943 c 82 s 4, part; 1937 c 187 s 34, part; Rem. Supp. 1949 s 6450-34, part.]
Notes:
Reviser's note: This section was amended by 2009 c 29 s 2 and by 2009 c 549 s 4126, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).

catchline: Publication of information on county forces projects—Penalty—Prosecution.


title: RCW 36.77.075

text:
In lieu of the procedure for awarding contracts that is provided in RCW 36.77.020 through 36.77.040, a county may award contracts for public works projects on county roads using the small works roster process under RCW 39.04.151 through 39.04.154.
[ 2023 c 395 s 26; 2000 c 138 s 208; 1991 c 363 s 81.]
Notes:
Effective date—2023 c 395 ss 1-30, 32-34, 36, and 37: See note following RCW 39.04.010.
Findings—Intent—2023 c 395: See note following RCW 39.04.010.
Purpose—Part headings not law—2000 c 138: See notes following RCW 39.04.010.
Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180.

catchline: County roads—Small works roster.


title: RCW 36.78.010

text:
"Board" shall mean the county road administration board created by this chapter.
[ 1965 ex.s. c 120 s 1.]


title: RCW 36.78.020

text:
"Standards of good practice" shall mean general and uniform practices formulated and adopted by the board relating to the administration of county roads and the safe and efficient movement of people and goods over county roads, which shall apply to engineering, design procedures, maintenance, traffic control, safety, planning, programming, road classification, road inventories, budgeting and accounting procedures, management practices, equipment policies, personnel policies, and effective use of transportation-related information technology.
[ 1993 c 65 s 1; 1991 c 363 s 82; 1965 ex.s. c 120 s 2.]
Notes:
Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180.

catchline: Definitions—"Standards of good practice."


title: RCW 36.78.030

text:
There is created hereby a county road administration board consisting of nine members who shall be appointed by the executive committee of the Washington state association of counties. Prior to July 1, 1965 the executive committee of the Washington state association of counties shall appoint the first members of the county road administration board: Three members to serve one year; three members to serve two years; and three members to serve three years from July 1, 1965. Upon expiration of the original terms subsequent appointments shall be made by the same appointing authority for three year terms except in the case of a vacancy, in which event the appointment shall be only for the remainder of the unexpired term in which the vacancy has occurred.
[ 1971 ex.s. c 85 s 5; 1965 ex.s. c 120 s 3.]


title: RCW 36.78.040

text:
Six members of the county road administration board shall be county legislative authority members and three members shall be county engineers. If any member, during the term for which he or she is appointed, ceases to be either a member of a county legislative authority or a county engineer, as the case may be, his or her membership on the county road administration board is likewise terminated. Three members of the board shall be from counties with a population of one hundred fifty thousand or more. Four members shall be from counties with a population of from thirty thousand to less than one hundred fifty thousand. Two members shall be from counties with a population of less than thirty thousand. Not more than one member of the board shall be from any one county.
[ 2019 c 22 s 1; 2005 c 233 s 1; 1991 c 363 s 83; 1965 ex.s. c 120 s 4.]
Notes:
Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180.

catchline: Composition of board—Qualifications of members.


title: RCW 36.78.050

text:
The board shall meet at least once quarterly and shall from time to time adopt rules and regulations for its own government and as may be necessary for it to discharge its duties and exercise its powers under this chapter. The board shall elect a chair from its own membership who shall hold office for one year. Election as chair does not affect the member's right to vote on all matters before the board.
[ 1993 c 65 s 2; 1965 ex.s. c 120 s 5.]

catchline: Meetings—Rules and regulations—Election of chair.


title: RCW 36.78.060

text:
The county road administration board shall appoint an executive director who shall be the chief administrative officer of the board and shall be responsible for carrying out the policies adopted by the board. The executive director is exempt from the provisions of state civil service law, chapter 41.06 RCW, and shall serve at the pleasure of the county road administration board. The executive director's salary shall be set by the board.
[ 1990 c 266 s 1; 1965 ex.s. c 120 s 6.]

catchline: Executive director.


title: RCW 36.78.070

text:
The county road administration board shall:
(1) Establish by rule, standards of good practice for the administration of county roads and the efficient movement of people and goods over county roads;
(2) Establish reporting requirements for counties with respect to the standards of good practice adopted by the board;
(3) Receive and review reports from counties and reports from its executive director to determine compliance with legislative directives and the standards of good practice adopted by the board;
(4) Advise counties on issues relating to county roads and the safe and efficient movement of people and goods over county roads and assist counties in developing uniform and efficient transportation-related information technology resources;
(5) Report annually before the fifteenth day of January, and throughout the year as appropriate, to the state department of transportation and to the chairs of the house and senate transportation committees, and to other entities as appropriate on the status of county road administration in each county, including one copy to the staff of each of the committees. The annual report shall contain recommendations for improving administration of the county road programs;
(6) Administer the rural arterial program established by chapter 36.79 RCW, the program funded by the county arterial preservation account established by RCW 46.68.090, and the emergency revolving loan program created in RCW 36.78.130, as well as any other programs provided for in law.
[ 2019 c 157 s 5; 2005 c 319 s 102; 1999 c 269 s 1; 1993 c 65 s 3; 1990 c 266 s 2; 1987 c 505 s 19; 1983 1st ex.s. c 49 s 19; 1977 ex.s. c 235 s 4; 1965 ex.s. c 120 s 7.]
Notes:
Finding—Intent—2019 c 157: See note following RCW 36.78.130.
Findings—Intent—Part headings—Effective dates—2005 c 319: See notes following RCW 43.17.020.
Effective date—1999 c 269: "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 July 1, 1999." [ 1999 c 269 s 18.]
Effective date—1983 1st ex.s. c 49: See RCW 36.79.901.

catchline: Duties of board.


title: RCW 36.78.080

text:
Members of the county road administration board shall receive no compensation for their service on the board, but shall be reimbursed for travel expenses incurred while attending meetings of the board or while engaged on other business of the board when authorized by the board in accordance with RCW 43.03.050 and 43.03.060 as now existing or hereafter amended.
[1975-'76 2nd ex.s. c 34 s 80; 1975 1st ex.s. c 1 s 1; 1969 ex.s. c 182 s 5; 1965 ex.s. c 120 s 8.]
Notes:
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.

catchline: Members to serve without compensation—Reimbursement for travel expenses.