title: RCW 86.13.040

text:
When such a contract shall have been entered into the power of eminent domain is hereby vested in each of such counties, to acquire any lands necessary to straighten, widen, deepen, dike or otherwise improve any such river, its tributaries or outlet or to strengthen the banks thereof, or to acquire any land adjacent to such river, or its tributaries, or the right to cut and remove timber upon the same for the purpose of preventing or lessening the falling of timber or brush into the waters of such river or tributaries, or to acquire any rock quarry, gravel deposit or timber for material for the prosecution of such improvement, together with the necessary rights-of-way for the same, or to acquire any dam site or other property necessary for flood control purposes. Any such land, property or rights may be acquired by purchase instead of by condemnation proceedings. Said right of eminent domain shall extend to lands or other property owned by the state or any municipality thereof. The title to any such lands, property or rights so acquired shall vest in the county in which situate for the benefit of such enterprise and said fund, but when said contract shall have terminated by lapse of time or for any other reason, then such title shall be held by such county independent of any claims whatsoever of the other county, but any material, equipment or other chattel property on hand shall be converted into money and the money divided between the two counties in the ratio of their respective contributions to the fund. The exercise of such rights of eminent domain or purchase shall rest in the joint control of the two boards of county commissioners. Such eminent domain proceedings shall be in the name of and had in the county where the property to be acquired is situate: PROVIDED, If either county shall fail or refuse to institute and prosecute any condemnation proceedings when directed so to do by any legal meeting provided for in RCW 86.13.050, such proceeding may be instituted and prosecuted by and in the name of the other county. The proceedings may conform to the provisions of *sections 921 to 926, inclusive, of Remington & Ballinger's Annotated Codes and Statutes of Washington, or to any general law now or hereafter enacted governing eminent domain proceedings by counties. The awards in and costs of such proceedings shall be payable out of such funds. The purposes in this act specified are hereby declared to be county purposes of each and both of such counties.
[ 1937 c 117 s 1; 1913 c 54 s 4; RRS s 9654. Formerly RCW 86.12.060, part, and 86.12.070.]
Notes:
*Reviser's note: "Sections 921 to 926, inclusive, of Remington & Ballinger's Annotated Codes and Statutes" (except for section 923) are codified as RCW 8.20.010 through 8.20.080. Section 923 was repealed by 1935 c 115 s 1 but compare the first paragraph of RCW 8.28.010 relating to the same subject matter as the repealed section.

catchline: Eminent domain—Procedure—Acquisition by purchase authorized.


doc_type: statute

jurisdiction: wa

title: RCW 86.13.050

text:
When such a contract shall have been entered into and occasion shall arise for the joint action of the two boards of county commissioners whether such joint action is provided for in this chapter or otherwise desired upon any matter having relation to such contract or the prosecution of such improvement, such joint action may be secured by a notice calling a joint meeting signed by two county commissioners, designating the time and place in either county of such meeting, served by one of the two county auditors upon the remaining county commissioners at least seven days (exclusive of the date of service or mailing) prior to the time so designated. If the notice is signed by two county commissioners of the same county the place of meeting shall be at some place in the other county designated in the notice. Such service may be personal or by mail addressed to the member in care of the county auditor of his or her county. The six county commissioners may constitute a legal meeting without notice by being present together for that purpose. The auditor's certificate of such personal service or mailing, attached to a copy of the notice, shall be made a part of the records of the meeting and be competent proof of the fact. Except in the case hereinafter provided for, the presence of four of the county commissioners shall be necessary to constitute a legal meeting. Each meeting shall be presided over by one of those present selected by vote. The county auditor of the county wherein the meeting is held shall be secretary of the meeting, and shall make duplicate record of its proceedings, one of which, with his or her certificate thereon, shall be forwarded to the county auditor of the other county, and such record shall be a part of the record of the board of county commissioners of each county. A majority vote of those present at any legal meeting shall be determinative upon any question properly considered at the meeting, and shall be binding upon each county as if enacted or adopted by its own board of county commissioners separately, but no joint meeting whatsoever shall in any manner continue, extend, change, alter, modify, or abrogate the contract when made or any of the terms and conditions contained therein. Each county commissioner shall be paid out of said fund in his or her own county all disbursements made by him or her for traveling and other expenses incurred in attending any joint meeting or in any way connected with the prosecution of the improvement. Any legal meeting shall have power to adjourn to another time and place. An adjourned meeting shall have all the powers of the meeting of which it is an adjournment, but shall have no power after the end of the thirtieth day following the date of the original meeting of which it is an adjournment. If the three county commissioners of either county shall fail to attend any two meetings consecutively called, the notice for the next succeeding meeting may be also served upon the special commissioner hereinafter provided for, and if he or she and three county commissioners attend pursuant to such notice the four shall constitute a legal meeting, but if he or she does not so attend and three county commissioners do attend, the same shall constitute a legal meeting: PROVIDED, All notices calling a joint meeting shall specify distinctly and separately each question to be considered at said meeting; and it shall be unlawful to consider any question at such meeting or at any adjourned meeting thereof except those which have been distinctly and separately specified, except in cases where all six county commissioners are present or five county commissioners present are unanimous on the question, and in any action which may be taken on any question other than those specified in the notice shall be void and shall not be binding on either county, except in cases where all six county commissioners are present or the action was by unanimous vote of five county commissioners present at such meeting.
[ 2013 c 23 s 472; 1913 c 54 s 5; RRS s 9655. Formerly RCW 86.12.060, part, and 86.12.120 through 86.12.140.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Joint county meeting—Procedure.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 86.13.060

text:
When such a contract shall have been entered into there shall be designated at the first legal joint meeting, or adjournment thereof, held in each calendar year a special commissioner to serve as such until the first joint meeting held in the ensuing year. If such designation shall not be made at any such first annual meeting, the United States engineer in charge of the district in which such improvement is located shall be such special commissioner until the next succeeding first annual meeting. If a special commissioner shall for any reason fail to serve as such officer, or be removed by unanimous vote of any legal meeting, a successor to him or her may be chosen at any subsequent legal joint meeting during his or her term. Such special commissioner shall have power to attend and vote at any joint meeting in the following cases and none other, to wit: (1) In cases specially so provided in RCW 86.13.050 hereof; (2) in any case where the vote of any such joint meeting shall stand equally divided upon any question arising under this chapter or such contract or in the prosecution of the work of improvement. The special commissioner shall have no voice or vote except upon questions on which the vote of the county commissioners is equally divided. The procedure in cases covered by the foregoing subdivision (2) of this section shall be substantially as follows: It shall be the duty of the secretary of the meeting at which the division shall occur, if the attendance of the special commissioner at that meeting is not secured, to forthwith transmit to the special commissioner written notice of the fact of disagreement and the question involved, and of the time and place to which the meeting shall have been adjourned or at which the question will recur. If there shall be no such adjournment of the meeting, or if the secretary shall not give such notice, any two commissioners may in the manner provided in RCW 86.13.050 call a joint meeting for the consideration of the question in dispute, and in such event either county auditor may give such notice to the special commissioner. No informality in the mode of securing the attendance of the special commissioner shall invalidate the proceedings of or any vote taken at any meeting which he or she shall attend and which he or she is empowered to attend by the provisions of this chapter. The special commissioner shall receive, to be paid equally out of the two funds, his or her traveling and other expenses incurred in attending meetings or otherwise in connection with the work of improvement, and such compensation for his or her services as shall be fixed by the joint meeting which shall have selected him or her, or failing to be so fixed, his or her compensation shall be ten dollars per day of actual service.
[ 2013 c 23 s 473; 1913 c 54 s 6; RRS s 9656. Formerly RCW 86.12.150 and 86.12.160.]

catchline: Special commissioner—Powers and duties—Compensation.


title: RCW 86.13.070

text:
Nothing in this chapter contained shall be construed to prevent any county which may be a party to such contract from further caring for any such river or the banks thereof, as authorized so to do by existing laws or by such laws as may be hereafter enacted, provided the rights of neither county, as fixed by contract, shall be impaired thereby.
[ 1913 c 54 s 7; RRS s 9657. Formerly RCW 86.12.190.]

catchline: Chapter not exclusive.


title: RCW 86.13.080

text:
No legal claim of any kind or character whatsoever in favor of one county and against the other shall be based upon or created by the enactment hereof, except such as may arise when the contract herein provided for shall have been entered into. After such contract shall have been entered into, should any loss or damage be sustained by either county occasioned by the overflow of any such river, if caused by any act or omission to act of the other county, its officers or agents, or any other cause whatsoever, then such county so suffering or sustaining said loss shall not be entitled to recover therefor from the other county, nor shall any cause of action, legal or equitable be based thereon: PROVIDED, HOWEVER, That if either county shall suffer loss or damage because of the failure or refusal of the other county to perform any such contract on its part to be performed, the injured county shall have a cause of action against the defaulting county to recover the same, but the limit of recovery for any loss or damage suffered in any one year shall not exceed the sum of ten thousand dollars, and any such recovery shall be limited to such special fund, and in no event be recoverable out of the general fund of such defaulting county. If any such loss or damage shall be liquidated in an amount by agreement or by judgment, the defaulting county shall increase its tax levy for said special fund for the ensuing year sufficiently to provide for such liquidated amount: AND PROVIDED FURTHER, That either county may have any proper action in the courts to compel the performance of the contract or any duty imposed thereby or by this chapter.
[ 1913 c 54 s 8; RRS s 9658. Formerly RCW 86.12.170.]

catchline: Liability as between counties.


title: RCW 86.13.090

text:
When such a contract shall have been entered into, it shall be lawful to issue warrants upon said fund though there be at the time of such issuance no money in the fund, but in such cases the aggregate of such warrants so issued in any year shall not exceed one-half the amount of the next annual tax levy required by such contract. Such warrants shall be stamped by the county treasurer when presented to him or her for payment, to bear interest at a certain rate thereafter until paid, such rate to be the then current rate as determined by the county auditor.
[ 2013 c 23 s 474; 1913 c 54 s 9; RRS s 9659. Formerly RCW 86.12.110.]

catchline: Issuance of warrants.


title: RCW 86.13.100

text:
Whenever two counties of this state, acting under a contract made pursuant to RCW 86.13.010 through 86.13.090, shall make an improvement in connection with the course, channel, or flow of a river, shall acquire property by statute, purchase, gift, or otherwise, said counties, acting through their boards of county commissioners jointly shall have the power, and are hereby authorized to sell, transfer, trade, lease, or otherwise dispose of said property by public or private, negotiation or sale. The deeds to the property so granted, transferred, leased, or sold shall be executed by the chair of the meeting of the joint boards of county commissioners, and attested by the secretary of said joint meeting where the sale is authorized. The proceeds of the sale of said property shall be used by said counties for the carrying on, completion or maintenance of said improvement, as directed by the boards of county commissioners of said counties acting jointly.
[ 2013 c 23 s 475; 1915 c 103 s 1; RRS s 9660. Formerly RCW 86.12.080.]
Notes:
Construction—1915 c 103: "This act is not intended to modify, change, alter or amend chapter 54 of the Session Laws of 1913 [RCW 86.13.010 through 86.13.090]." [ 1915 c 103 s 2.]

catchline: Lease or disposal of property—Disposition of proceeds.


title: RCW 86.13.110

text:
Whenever two counties of this state, acting under a contract made pursuant to RCW 86.13.010 through 86.13.090, shall make an improvement in connection with the course, channel or flow of a river, thereby causing it to abandon its existing channel, bed, bank or banks for the entire distance covered by said improvement, or for any part or portion thereof, or by said improvement shall prevent a river from resuming at a future time an ancient or abandoned channel or bed, or shall construct improvements intended so to do, all the right, title and interest of the state of Washington in and to said abandoned channel or channels, bed or beds, bank or banks, up to and including the line of ordinary high water, shall be and the same is hereby given, granted and conveyed jointly to the counties making such improvement.
[ 1915 c 140 s 1; RRS s 9662. Formerly RCW 86.12.090.]

catchline: State's title to abandoned channels granted to counties.


title: RCW 86.15.001

text:
The creation of a flood control zone district may be subject to potential review by a boundary review board under chapter 36.93 RCW. Extensions of service outside of the boundaries of a flood control zone district may be subject to potential review by a boundary review board under chapter 36.93 RCW.
[ 1989 c 84 s 65.]

catchline: Actions subject to review by boundary review board.


title: RCW 86.15.010

text:
The definitions set forth in this section apply through this chapter.
(1) "Board" means the county legislative authority.
(2) "Flood control improvement" means any works, projects, or other facilities necessary for the control of flood waters within the county or any zone or zones.
(3) "Flood waters" and "stormwaters" means any storm waste or surplus waters, including surface water, wherever located within the county or a zone or zones where such waters endanger public highways, streams and water courses, harbors, life, or property.
(4) "Participating zones" means two or more zones found to benefit from a single flood control improvement or stormwater control improvement.
(5) "Stormwater control improvement" means any works, projects, or other facilities necessary to control and treat stormwater within the county or any zone or zones.
(6) "Supervisors" means the board of supervisors, or governing body, of a zone.
(7) "Zones" means flood control zone districts which are quasi municipal corporations of the state of Washington created by this chapter.
[ 1983 c 315 s 11; 1961 c 153 s 1.]
Notes:
Severability—1983 c 315: See note following RCW 90.03.500.

catchline: Definitions.


title: RCW 86.15.020

text:
The board may initiate, by affirmative vote of a majority of the board, the creation of a zone or additional zones within the county, and without reference to an existing zone or zones, for the purpose of undertaking, operating, or maintaining flood control projects or stormwater control projects or groups of projects that are of special benefit to specified areas of the county. Formation of a zone may also be initiated by a petition signed by twenty-five percent of the electors within a proposed zone based on the vote cast in the last county general election. If the formation of the zone is initiated by petition, the board shall incorporate the terms of the petition in a resolution within forty days after receiving the petition from the county auditor. Thereafter, the procedures for establishing a zone shall be the same whether initiated by motion of the board or by a petition of electors.
Petitions shall be in a form prescribed and approved by the county auditor and shall include the necessary legal descriptions and other information necessary for establishment of a zone by resolution. When the sponsors of a petition have acquired the necessary signatures, they shall present the petition to the county auditor who shall thereafter certify the sufficiency of the petition within forty-five days. If the petition is found to meet the requirements specified in this chapter, the auditor shall transmit the petition to the board for their action; if the petition fails to meet the requirements of this chapter, it shall be returned to the sponsors.
[ 1983 c 315 s 12; 1961 c 153 s 2.]
Notes:
Severability—1983 c 315: See note following RCW 90.03.500.

catchline: Zones—Creation.


title: RCW 86.15.023

text:
A board may not establish a zone including an area located in another zone unless this area is removed from the other zone, or the other zone is dissolved, as part of the action creating the new zone.
[ 1991 c 322 s 9.]
Notes:
Findings—Intent—Purpose—1991 c 322: See notes following RCW 86.12.200.

catchline: Zones not to include area in other zones.


title: RCW 86.15.025

text:
(1) The board is authorized to establish a countywide flood control zone district incorporating the boundaries of any and all watersheds located within the county which are not specifically organized into flood control zone districts established pursuant to chapter 86.15 RCW. Upon establishment of a countywide flood control zone district as authorized by this section, the board is authorized and may divide any or all of the zone so created into separately designated subzones and such subzones shall then be operated and be legally established in the same manner as any flood control zone district established pursuant to chapter 86.15 RCW.
(2) Countywide flood control zone districts shall be established pursuant to the requirements of RCW 86.15.020, 86.15.030 and * 86.15.040 as now law of [or] hereafter amended. Subzones established from countywide flood control zone districts shall be established by resolution of the board and the provisions of RCW 86.15.020, 86.15.030 and shall not apply to the establishment of such subzone as authorized by this section.
(3) Such subzones shall be operated and administered in the same manner as any other flood control zone district in accordance with the provisions of chapter 86.15 RCW.
(4) Such subzones shall have authority to exercise any and all powers conferred by the provisions of RCW 86.15.080 as now law or hereafter amended.
(5) The board shall exercise the same power, authority, and responsibility over such subzones as it exercises over flood control zone districts in accordance with the provisions of chapter 86.15 RCW as now law or hereafter amended, and without limiting the generality of this subsection, the board may exercise over such subzones, the powers granted to it by RCW 86.15.160, 86.15.170, 86.15.176 and 86.15.178 as now law or hereafter amended.
[ 1969 ex.s. c 195 s 1.]
Notes:
*Reviser's note: RCW 86.15.040 was repealed by 1991 c 322 s 13.

catchline: Districts incorporating watersheds authorized—Subzones authorized—Creation, procedure—Administration—Powers.


title: RCW 86.15.030

text:
Upon receipt of a petition asking that a zone be created, or upon motion of the board, the board shall adopt a resolution which shall describe the boundaries of such proposed zone; describe in general terms the flood control needs or requirements within the zone; set a date for public hearing upon the creation of such zone, which shall be not more than thirty days after the adoption of such resolution. Notice of such hearing and publication shall be had in the manner provided in RCW 36.32.120(7).
At the hearing scheduled upon the resolution, the board shall permit all interested parties to be heard. Thereafter, the board may reject the resolution or it may modify the boundaries of such zone and make such other corrections or additions to the resolutions as they deem necessary to the accomplishment of the purpose of this chapter: PROVIDED, That if the boundaries of such zone are enlarged, the board shall hold an additional hearing following publication and notice of such new boundaries: PROVIDED FURTHER, That the boundaries of any zone shall generally follow the boundaries of the watershed area affected: PROVIDED FURTHER, That the immediately preceding proviso shall in no way limit or be construed to prohibit the formation of a countywide flood control zone district authorized to be created by RCW 86.15.025.
Within ten days after final hearing on a resolution, the board shall issue its order.
[ 1969 ex.s. c 195 s 2; 1961 c 153 s 3.]

catchline: Districts incorporating watersheds authorized—Formation, hearing and notice.


title: RCW 86.15.035

text:
In addition to the authority provided in this chapter, flood control zone districts may participate in and expend revenue on cooperative watershed management arrangements and actions, including without limitation those under chapter 39.34 RCW, under chapter 39.106 RCW, and under other intergovernmental agreements authorized by law, for purposes of water supply, water quality, and water resource and habitat protection and management.
[ 2011 c 258 s 16; 2003 c 327 s 19.]
Notes:
Short title—Purpose—Intent—2011 c 258: See RCW 39.106.010.
Finding—Intent—2003 c 327: See note following RCW 39.34.190.

catchline: Cooperative watershed management.


title: RCW 86.15.050

text:
(1) The board of county commissioners of each county shall be ex officio, by virtue of their office, supervisors of the zones created in each county. In any zone with more than two thousand residents, an election of supervisors other than the board of county commissioners may be held as provided in this section.
(2) When proposed by citizen petition or by resolution of the board of county commissioners, a ballot proposition authorizing election of the supervisors of a zone shall be submitted by ordinance to the voters residing in the zone at any general election, or at any special election which may be called for that purpose.
(3) The ballot proposition shall be submitted (a) if the board of county supervisors enacts an ordinance submitting the proposition after adopting a resolution proposing the election of supervisors of a zone; or (b) if a petition proposing the election of supervisors of a zone is submitted to the county auditor of the county in which the zone is located that is signed by registered voters within the zone, numbering at least fifteen percent of the votes cast in the last county general election by registered voters within the zone.
(4) Upon receipt of a citizen petition under subsection (3)(b) of this section, the county auditor shall determine whether the petition is signed by a sufficient number of registered voters, using the registration records and returns of the preceding general election, and, no later than forty-five days after receipt of the petition, shall attach to the petition the auditor's certificate stating whether or not sufficient signatures have been obtained. If the signatures are found by the auditor to be insufficient, the petition shall be returned to the person filing it.
(5) The ballot proposition authorizing election of supervisors of zones shall appear on the ballot of the next general election or at the next special election date specified under RCW 29A.04.330 occurring sixty or more days after the last resolution proposing election of supervisors or the date the county auditor certifies that the petition proposing such election contains sufficient valid signatures.
(6) The petition proposing the election of zone supervisors, or the ordinance submitting the question to the voters, shall describe the proposed election process. The ballot proposition shall include the following:
□ "For the direct election of flood control zone district supervisors."
□ "Against the direct election of flood control zone district supervisors."
(7) The ordinance or petition submitting the ballot proposition shall designate the proposed composition of the supervisors of zones, which shall be clearly described in the ballot proposition. The ballot proposition shall state that the zone supervisors shall thereafter be selected by election, and, at the same election at which the proposition is submitted to the voters as to whether to elect zone supervisors, three zone supervisors shall be elected. The election of zone supervisors is null and void if the voters, by a simple majority, do not approve the direct election of the zone supervisors. Candidates shall run for specific supervisor positions. No primary may be held to nominate candidates. The person receiving the greatest number of votes for each position shall be elected as a supervisor. The staggering of the terms of office shall occur as follows: (a) The person who is elected receiving the greatest number of votes shall be elected to a six-year term of office if the election is held in an odd-numbered year or a five-year term of office if the election is held in an even-numbered year; (b) the person who is elected receiving the second greatest number of votes shall be elected to a four-year term of office if the election is held in an odd-numbered year or a three-year term of office if the election is held in an even-numbered year; and (c) the other person who is elected shall be elected to a two-year term of office if the election is held in an odd-numbered year or a one-year term of office if the election is held in an even-numbered year. The initial supervisors shall take office immediately when they are elected and qualified, and for purposes of computing their terms of office the terms shall be assumed to commence on the first day of January in the year after they are elected. Thereafter, all supervisors shall be elected to six-year terms of office. All supervisors shall serve until their respective successors are elected and qualified and assume office in accordance with RCW 29A.60.280. Vacancies may occur and shall be filled as provided in chapter 42.12 RCW.
(8) The costs and expenses directly related to the election of zone supervisors shall be borne by the zone.
[ 2015 c 53 s 102; 2003 c 304 s 1; 1961 c 153 s 5.]


title: RCW 86.15.055

text:
(1) In a zone with supervisors elected pursuant to RCW 86.15.050, the supervisors may, as adjusted in accordance with subsection (4) of this section, each receive up to one hundred fourteen dollars per day or portion of a day spent in actual attendance at official meetings of the governing body or in performance of other official services or duties on behalf of the zone. The compensation for supervisors in office on January 1, 2015, is fixed at one hundred fourteen dollars per day. The board of county commissioners shall fix any such compensation to be paid to the initial supervisors during their initial terms of office. The supervisors shall fix the compensation to be paid to the supervisors thereafter. Compensation for the supervisors shall not exceed ten thousand nine hundred forty-four dollars in one calendar year.
(2) A supervisor is entitled to reimbursement for reasonable expenses actually incurred in connection with performance of the duties of a supervisor, including subsistence and lodging, while away from the supervisor's place of residence, and mileage for use of a privately owned vehicle in accordance with chapter 42.24 RCW.
(3) Any supervisor may waive all or any portion of his or her compensation payable under this section as to any month or months during his or her term of office, by a written waiver filed with the supervisors as provided in this section. The waiver, to be effective, must be filed any time after the member's election and prior to the date on which the compensation would otherwise be paid. The waiver shall specify the month or period of months for which it is made.
(4) The dollar thresholds established in this section must be adjusted for inflation by the office of financial management every five years, beginning January 1, 2024, based upon changes in the consumer price index during that time period. "Consumer price index" means, for any calendar year, that year's annual average consumer price index, for Washington state, for wage earners and clerical workers, all items, compiled by the bureau of labor and statistics, United States department of labor. If the bureau of labor and statistics develops more than one consumer price index for areas within the state, the index covering the greatest number of people, covering areas exclusively within the boundaries of the state and including all items, must be used for the adjustments of inflation in this section. The office of financial management must calculate the new dollar threshold and transmit it to the office of the code reviser for publication in the Washington State Register at least one month before the new dollar threshold is to take effect.
[ 2020 c 83 s 14; 2015 c 165 s 1; 2005 c 127 s 2.]
Notes:
Effective date—2005 c 127: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 21, 2005]." [ 2005 c 127 s 3.]

catchline: Elected supervisors—Compensation.


title: RCW 86.15.060

text:
(1) Except as provided in subsection (2) of this section, administration of the affairs of zones shall be in the county engineer. The engineer may appoint such deputies and engage such employees, specialists, and technicians as may be required by the zone and as are authorized by the zone's budget. Subject to the approval of the supervisors, the engineer may organize, or reorganize as required, the zone into such departments, divisions, or other administrative relationships as he or she deems necessary to its efficient operation.
(2) In a zone with supervisors elected pursuant to RCW 86.15.050, the supervisors may provide for administration of the affairs of the zone by other than the county engineer, pursuant to the authority established in RCW 86.15.095 to hire employees, staff, and services and to enter into contracts.
[ 2013 c 23 s 476; 2005 c 127 s 1; 1961 c 153 s 6.]
Notes:
Effective date—2005 c 127: See note following RCW 86.15.055.

catchline: Administration.


title: RCW 86.15.070

text:
The board may appoint a countywide advisory committee, which shall consist of not more than fifteen members. The board also may appoint an advisory committee for any zone or combination of two or more zones which committees shall consist of not more than five members. Members of an advisory committee shall serve without pay and shall serve at the pleasure of the board.
[ 1967 ex.s. c 136 s 6; 1961 c 153 s 7.]

catchline: Advisory committees.


title: RCW 86.15.080

text:
A zone or participating zone may:
(1) Exercise all the powers and immunities vested in a county for flood water or stormwater control purposes under the provisions of chapters 86.12, 86.13, 36.89, and 36.94 RCW: PROVIDED, That in exercising such powers, all actions shall be taken in the name of the zone and title to all property or property rights shall vest in the zone;
(2) Plan, construct, acquire, repair, maintain, and operate all necessary equipment, facilities, improvements, and works to control, conserve, and remove flood waters and stormwaters and to otherwise carry out the purposes of this chapter including, but not limited to, protection of the quality of water sources;
(3) Take action necessary to protect life and property within the district from flood water damage, including in the context of an emergency, as defined in RCW 38.52.010, using covered volunteer emergency workers, as defined in RCW 38.52.010 and 38.52.180(5)(a), subject to and in accordance with the terms of RCW 38.52.180;
(4) Control, conserve, retain, reclaim, and remove flood waters and stormwaters, including waters of lakes and ponds within the district, and dispose of the same for beneficial or useful purposes under such terms and conditions as the board may deem appropriate, subject to the acquisition by the board of appropriate water rights in accordance with the statutes;
(5) Acquire necessary property, property rights, facilities, and equipment necessary to the purposes of the zone by purchase, gift, or condemnation: PROVIDED, That property of municipal corporations may not be acquired without the consent of such municipal corporation;
(6) Sue and be sued in the name of the zone;
(7) Acquire or reclaim lands when incidental to the purposes of the zone and dispose of such lands as are surplus to the needs of the zone in the manner provided for the disposal of county property in chapter 36.34 RCW;
(8) Cooperate with or join with the state of Washington, United States, another state, any agency, corporation or political subdivision of the United States or any state, Canada, or any private corporation or individual for the purposes of this chapter;
(9) Accept funds or property by loan, grant, gift or otherwise from the United States, the state of Washington, or any other public or private source;
(10) Remove debris, logs, or other material which may impede the orderly flow of waters in streams or water courses: PROVIDED, That such material shall become property of the zone and may be sold for the purpose of recovering the cost of removal: PROVIDED FURTHER, That valuable material or minerals removed from public lands shall remain the property of the state;
(11) Provide grant funds to political subdivisions of the state that are located within the boundaries of the zone, so long as the use of the grant funds is within the purposes authorized under this chapter;
(12) Expend funds, or transfer funds to the county legislative authority in which the zone is located, for the purpose of providing county-administered flood recovery assistance to households and businesses damaged by a flood event occurring within the zone that is the subject of an emergency proclamation issued by the governor under RCW 43.06.010.
[ 2026 c 221 s 701; 2010 c 46 s 2; 1983 c 315 s 13; 1961 c 153 s 8.]
Notes:
Findings—2026 c 221: See note following RCW 82.14.542.
Effective date—2026 c 221: See note following RCW 82.46.035.
Severability—1983 c 315: See note following RCW 90.03.500.

catchline: General powers.


title: RCW 86.15.090

text:
A zone may, when necessary to protect life and property within its limits from flood water, exercise any of its powers specified in RCW 86.15.080 outside its territorial limits.
[ 1961 c 153 s 9.]

catchline: Extraterritorial powers.


title: RCW 86.15.095

text:
A flood control zone district is a quasi municipal corporation, an independent taxing "authority" within the meaning of Article VII, section 1 of the state Constitution, and a "taxing district" within the meaning of Article VII, section 2 of the state Constitution.
A flood control zone 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, and to sue and be sued.
[ 1983 c 315 s 6.]
Notes:
Severability—1983 c 315: See note following RCW 90.03.500.

catchline: Zones constitute quasi municipal corporation—Constitutional and statutory powers.


title: RCW 86.15.100

text:
The supervisors may authorize the construction, extension, enlargement, or acquisition of necessary flood control or stormwater control improvements within the zone or any participating zones. The improvements may include, but shall not be limited to the extension, enlargement, construction, or acquisition of dikes and levees, drain and drainage systems, dams and reservoirs, or other flood control or stormwater control improvements; widening, straightening, or relocating of stream or water courses; and the acquisition, extension, enlargement, or construction of any works necessary for the protection of stream and water courses, channels, harbors, life, and property.
[ 1983 c 315 s 14; 1961 c 153 s 10.]
Notes:
Severability—1983 c 315: See note following RCW 90.03.500.

catchline: Flood control or stormwater control improvements—Authorization.


title: RCW 86.15.110

text:
Flood control or stormwater control improvements may be extended, enlarged, acquired, or constructed by a zone pursuant to a resolution adopted by the supervisors. The resolution shall specify:
(1) Whether the improvement is to be extended, enlarged, acquired, or constructed;
(2) That either:
(a) A comprehensive plan of development for flood control has been prepared for the stream or water course upon which the improvement will be enlarged, extended, acquired, or constructed, and that the improvement generally contributes to the objectives of the comprehensive plan of development: PROVIDED, That the plan shall be first submitted to the state department of ecology at least ninety days in advance of the beginning of any flood control project or improvement; and shall be subject to all the regulatory control provisions by the department of ecology as provided in chapter 86.16 RCW; or
(b) A comprehensive plan of development for stormwater control has been prepared for the area that will be served by the proposed stormwater control facilities;
(3) If the improvement is to be constructed, that preliminary engineering studies and plans have been made, and that the plans and studies are on file with the county engineer;
(4) The estimated cost of the acquisition or construction of the improvement, together with such supporting data as will reasonably show how the estimates were arrived at; and
(5) That the improvement will benefit:
(a) Two or more zones, hereinafter referred to as participating zones; or
(b) A single zone; or
(c) The county as a whole, as well as a zone or participating zones.
[ 1983 c 315 s 15; 1961 c 153 s 11.]
Notes:
Severability—1983 c 315: See note following RCW 90.03.500.

catchline: Flood control or stormwater control improvements—Initiation—Comprehensive plan.


title: RCW 86.15.120

text:
Before finally adopting a resolution to undertake any flood control improvement or stormwater control improvement, the supervisors shall hold a hearing thereon. Notice and publication of the hearing shall be given under RCW 36.32.120(7). The supervisors may conduct any such hearing concurrently with a hearing on the establishment of a flood control zone, and may in such case designate the proposed zone a beneficiary of any improvement.
[ 1983 c 315 s 16; 1961 c 153 s 12.]
Notes:
Severability—1983 c 315: See note following RCW 90.03.500.

catchline: Flood control or stormwater control improvements—Hearing, notice.


title: RCW 86.15.130

text:
The treasurer of each zone shall be the county treasurer. He or she shall establish within his or her office a zone flood control fund for each zone into which shall be deposited the proceeds of all tax levies, assessments, gifts, grants, loans, or other revenues which may become available to a zone.
The treasurer shall also establish the following accounts within the zone fund:
(1) For each flood control improvement financed by a bond issue, an account to which shall be deposited the proceeds of any such bond issue; and
(2) An account for each outstanding bond issue to which will be deposited any revenues collected for the retirement of such outstanding bonds or for the payment of interest or charges thereon; and
(3) A general account to which all other receipts of the zone shall be deposited.
[ 2013 c 23 s 477; 1961 c 153 s 13.]

catchline: Zone treasurer—Funds.


title: RCW 86.15.140

text:
The supervisors shall annually at the same time county budgets are prepared adopt a budget for the zone, which budget shall be divided into the following appropriation items: (1) Overhead and administration; (2) maintenance and operation; (3) construction and improvements; and (4) bond retirement and interest. In preparing the budget, the supervisors shall show the total amount to be expended in each appropriation item and the proportionate share of each appropriation item to be paid from each account of the zone.
In preparing the annual budget, the supervisors shall under the appropriation item of construction and improvement list each flood control improvement or stormwater control improvement and the estimated expenditure to be made for each during the ensuing year. The supervisors may at any time during the year, if additional funds become available to the zone, adopt a supplemental budget covering additional authorized improvements.
The zone budget or any supplemental budget shall be approved only after a public hearing, notice of which shall be given as provided by RCW 36.32.120(7).
[ 1983 c 315 s 17; 1961 c 153 s 14.]
Notes:
Severability—1983 c 315: See note following RCW 90.03.500.

catchline: Budget.


title: RCW 86.15.150

text:
Whenever the supervisors have found under the provisions of RCW 86.15.110 that a flood control improvement or stormwater control improvement initiated by any zone will be of benefit to the county as a whole, as well as to the zone or participating zones; or whenever the supervisors have found that the maintenance and operation of any flood control improvement or stormwater control improvement within any zone will be of benefit to the overall flood control program or stormwater control program of the county, the board may authorize the transfer of any funds available to the county for flood control or stormwater control purposes to any zone or participating zones for flood control or stormwater control purposes.
[ 1983 c 315 s 18; 1961 c 153 s 15.]
Notes:
Severability—1983 c 315: See note following RCW 90.03.500.

catchline: County aid.


title: RCW 86.15.160

text:
For the purposes of this chapter the supervisors may authorize:
(1) An annual excess ad valorem tax levy within any zone or participating zones when authorized by the voters of the zone or participating zones under RCW 84.52.052 and 84.52.054;
(2) An assessment upon property, including state property, specially benefited by flood control improvements or stormwater control improvements imposed under chapter 86.09 RCW;
(3) Within any zone or participating zones an annual ad valorem property tax levy of not to exceed fifty cents per thousand dollars of assessed value when the levy will not take dollar rates that other taxing districts may lawfully claim and that will not cause the combined levies to exceed the constitutional and/or statutory limitations, and the additional levy, or any portion thereof, may also be made when dollar rates of other taxing units is released therefor by agreement with the other taxing units from their authorized levies;
(4) A charge, under RCW 36.89.080, for the furnishing of service to those who are receiving or will receive benefits from stormwater control facilities and who are contributing to an increase in surface water runoff. The rate or charge imposed under this section shall be reduced by a minimum of ten percent for any new or remodeled commercial building that utilizes a permissive rainwater harvesting system. Rainwater harvesting systems shall be properly sized to utilize the available roof surface of the building. The jurisdiction shall consider rate reductions in excess of ten percent dependent upon the amount of rainwater harvested;
(5) Except as otherwise provided in RCW 90.03.525, any public entity and public property, including the state and state property, shall be liable for the charges to the same extent a private person and privately owned property is liable for the charges, and in setting these rates and charges, consideration may be made of in-kind services, such as stream improvements or donation of property;
(6) The creation of local improvement districts and utility local improvement districts, the issuance of improvement district bonds and warrants, and the imposition, collection, and enforcement of special assessments on all property, including any state-owned or other publicly-owned property, specially benefited from improvements in the same manner as provided for counties by chapter 36.94 RCW.
[ 2003 c 394 s 8; 1986 c 278 s 60; 1983 c 315 s 19; 1973 1st ex.s. c 195 s 131; 1961 c 153 s 16.]
Notes:
Severability—1986 c 278: See note following RCW 36.01.010.
Severability—1983 c 315: See note following RCW 90.03.500.
Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
Rates and charges for stormwater control facilities—Limitations—Definitions: RCW 90.03.500 through 90.03.525. See also RCW 35.67.025, 35.92.021, 36.89.085, and 36.94.145.

catchline: Excess levies, assessments, regular levies, and charges—Local improvement districts.


title: RCW 86.15.162

text:
If the delinquent assessment remains unpaid on the date fixed for the sale under RCW 86.09.496 and 86.09.499, the parcel shall be sold in the same manner as provided under *RCW 87.03.310 through 87.03.330. If the district reconveys the land under *RCW 87.03.325 due to accident, inadvertence, or misfortune, however, interest shall accrue not at the rate provided in RCW 87.03.270, but at the rate provided in RCW 86.09.505.
[ 1983 c 315 s 7.]
Notes:
*Reviser's note: RCW 87.03.310 through 87.03.330 were repealed by 1988 c 134 s 15. Later enactment, see chapter 87.06 RCW.
Severability—1983 c 315: See note following RCW 90.03.500.

catchline: Delinquent assessment—Sale of parcel—Accrual of interest.


title: RCW 86.15.165

text:
The supervisors may provide by resolution for levying voluntary assessments, under a mode of annual installments extending over a period not exceeding fifteen years, on property benefited from a flood control improvement or stormwater control improvement. The voluntary assessment shall be imposed only after each owner of property benefited by the flood control improvement has agreed to the assessment by written agreement with the supervisors. The agreement shall be recorded with the county auditor and the obligations under the agreement shall be binding upon all heirs and all successors in interest of the property.
The voluntary assessments need not be uniform or directly related to benefits to the property from the flood control improvement or stormwater control improvement.
The levying, collection, and enforcement authorized in this section shall be in the manner now and hereafter provided by law for the levying, collection, and enforcement of local improvement assessments by cities and towns, insofar as those provisions are not inconsistent with the provisions of this chapter.
The disposition of all proceeds from voluntary assessments shall be in accordance with RCW 86.15.130.
The proceeds from voluntary assessments may be used for any flood control improvement or stormwater control improvement not inconsistent with the provisions of this chapter, and in addition the proceeds may be used for operation and maintenance of flood control improvements or stormwater control improvements constructed under the authority of this chapter.
[ 1983 c 315 s 20; 1969 ex.s. c 195 s 3.]
Notes:
Severability—1983 c 315: See note following RCW 90.03.500.

catchline: Voluntary assessments for flood control or stormwater control improvements—Procedure—Disposition of proceeds—Use.


title: RCW 86.15.170

text:
The supervisors may authorize the issuance of general obligation bonds to finance any flood control improvement or stormwater control improvement and provide for the retirement of the bonds with ad valorem property tax levies. The general obligation bonds may be issued and the bond retirement levies imposed only when the voters of the flood control zone district approve a ballot proposition authorizing both the bond issuance and imposition of the excess bond retirement levies pursuant to Article VIII, section 6 and Article VII, section 2(b) of the state Constitution and RCW 84.52.056. Elections shall be held as provided in RCW 39.36.050. The bonds shall be issued on behalf of the zone or participating zones and be approved by the voters of the zone or participating zones when the improvement has by the resolution, provided in RCW 86.15.110, been found to be of benefit to a zone or participating zones. The bonds may not exceed an amount, together with any outstanding general obligation indebtedness, equal to three-fourths of one percent of the value of taxable property within the zone or participating zones, as the term "value of the taxable property" is defined in RCW 39.36.015. The bonds shall be issued and sold in accordance with chapter 39.46 RCW.
[ 1984 c 186 s 62. Prior: 1983 c 315 s 21; 1983 c 167 s 211; 1961 c 153 s 17.]
Notes:
Purpose—1984 c 186: See note following RCW 39.46.110.
Severability—1983 c 315: See note following RCW 90.03.500.
Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following.

catchline: General obligation bonds.


title: RCW 86.15.175

text:
In addition to other authority that a flood control zone district possesses, a flood control zone 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 flood control zone district to otherwise participate in the public improvements if that authority exists elsewhere.
[ 2001 c 212 s 23.]

catchline: Community revitalization financing—Public improvements.


title: RCW 86.15.176

text:
The supervisors may provide by resolution for revenues by fixing rates and charges for the furnishing of service to those served or receiving benefits from a flood control improvement including public entities, except as otherwise provided in RCW 90.03.525. The service charge shall be uniform for the same class of benefits or service. In classifying services furnished or benefits received the board may in its discretion consider the character and use of land and its water runoff characteristics and any other matters that present a reasonable difference as a ground for distinction. Service charges shall be applicable to a zone or participating zones. The disposition of all revenue from service charges shall be in accordance with RCW 86.15.130.
[ 1986 c 278 s 61; 1983 c 315 s 22; 1967 ex.s. c 136 s 7.]
Notes:
Severability—1986 c 278: See note following RCW 36.01.010.
Severability—1983 c 315: See note following RCW 90.03.500.

catchline: Service charges authorized—Disposition of revenue.


title: RCW 86.15.178

text:
(1) The supervisors may authorize the issuance of revenue bonds to finance any flood control improvement or stormwater control improvement. The bonds may be issued by the supervisors in the same manner as prescribed in RCW 36.67.510 through 36.67.570 pertaining to counties. The bonds shall be issued on behalf of the zone or participating zones when the improvement has by the resolution, provided in RCW 86.15.110, been found to be of benefit to a zone or participating zones. The bonds may be in any form, including bearer bonds or registered bonds.
Each revenue bond shall state on its face that it is payable from a special fund, naming the fund and the resolution creating the fund.
Revenue bond principal, interest, and all other related necessary expenses shall be payable only out of the appropriate special fund.
A zone or participating zones shall have a lien for delinquent service charges, including interest thereon, against the premises benefited by a flood control improvement or stormwater control improvement, which lien shall be superior to all other liens and encumbrances except general taxes and local and special assessments. The lien shall be effective and shall be enforced and foreclosed in the same manner as provided for sewerage liens of cities and towns by RCW 35.67.200 through 35.67.290.
(2) Notwithstanding subsection (1) of this section, such bonds may be issued and sold in accordance with chapter 39.46 RCW.
[ 1991 c 322 s 10. Prior: 1983 c 315 s 23; 1983 c 167 s 212; 1967 ex.s. c 136 s 8.]
Notes:
Findings—Intent—Purpose—1991 c 322: See notes following RCW 86.12.200.
Severability—1983 c 315: See note following RCW 90.03.500.
Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following.

catchline: Revenue bonds—Lien for delinquent service charges.


title: RCW 86.15.180

text:
Any agency or department of the state of Washington, or any political subdivision or municipal corporation of the state may contribute funds to the county or any zone or zones to assist the county, zone or zones in carrying out the purposes of this chapter when such agency, department, subdivision or municipal corporation finds such action will materially contribute to the protection of publicly owned property under its jurisdiction.
[ 1961 c 153 s 18.]

catchline: Protection of public property.


title: RCW 86.15.190

text:
The supervisors may order, on behalf of the zone or participating zones, that an action be brought in the superior court of the county to require the removal of publicly or privately owned structures, improvements, facilities, or accumulations of debris or materials that materially contribute to the dangers of loss of life or property from flood waters. Where the structures, improvements, facilities, or accumulations of debris or materials are found to endanger the public health or safety the court shall declare them a public nuisance, and forthwith order their abatement. If the abatement is not completed within the time ordered by the court, the county may abate the nuisance and charge the cost of the action against the land upon which the nuisance is located, and the payment of the charge may be enforced and collected in the same manner at the same time as county property taxes.
[ 1983 c 315 s 24; 1961 c 153 s 19.]
Notes:
Severability—1983 c 315: See note following RCW 90.03.500.

catchline: Abatement of nuisances.


title: RCW 86.15.200

text:
The board may consolidate any two or more zones or abolish any zone pursuant to a resolution adopted by the board providing for such action. Before adopting such a resolution, the board shall conduct a public hearing notice of which shall be given as provided by RCW 36.32.120(7). Any indebtedness of any zone or zones which are abolished or consolidated shall not be impaired by their abolishment or consolidation, and the board shall continue to levy and collect all necessary taxes and assessments until such debts are retired. Whenever twenty-five percent of the electors of any zone file a petition, meeting the requirements of sufficiency set forth in RCW 86.15.020, asking that a zone be abolished, the board shall: (1) Adopt a resolution abolishing the zone or (2) at the next general election place a proposition on the ballot calling for a yes or no vote on the abolition of the zone.
[ 1961 c 153 s 20.]

catchline: Flood control zones—Consolidation, abolishment.


title: RCW 86.15.210

text:
A diking, drainage, or sewerage improvement district, flood control district, diking district, drainage district, intercounty diking and drainage district, or zone may convey title to any property improvements or assets of the districts or zone to the county or a zone for flood control purposes. If the property improvements or assets are surplus to the needs of the district or zone the transfer may be made by private negotiations, but in all other cases the transfers are subject to the approval of a majority of the registered voters within the district or zone. Nothing in this section permits any district or zone to impair the obligations of any debt or contract of the district or zone.
[ 1983 c 315 s 25; 1961 c 153 s 21.]
Notes:
Severability—1983 c 315: See note following RCW 90.03.500.

catchline: Transfer of property.


title: RCW 86.15.220

text:
Nothing in this chapter shall be construed as limiting the right of counties under the provisions of chapters 86.12 and 86.13 RCW to undertake the planning or engineering studies necessary for flood control improvements or financing the same from any funds available for such purposes.
[ 1961 c 153 s 22.]

catchline: Planning of improvements.


title: RCW 86.15.230

text:
This chapter is hereby declared to be necessary for the public health, safety, and welfare and that the taxes and special assessments authorized hereby are found to be for a public purpose.
[ 1961 c 153 s 23.]

catchline: Public necessity of chapter.


title: RCW 86.15.900

text:
If any provision of this chapter, as now or hereafter amended, or its application to any person or circumstance is held invalid, the remainder of the chapter, and its application to other persons or circumstances shall not be affected.
[ 1961 c 153 s 24.]

catchline: Severability—Construction—1961 c 153.


title: RCW 86.15.910

text:
This chapter shall be complete authority for the accomplishment of purposes hereby authorized, and shall be liberally construed to accomplish its purposes. Any restrictions, limitations or regulations contained shall not apply to this chapter. Any act inconsistent herewith shall be deemed modified to conform with the provisions of this chapter for the purpose of this chapter only.
[ 1961 c 153 s 25.]

catchline: Construction of chapter.


title: RCW 86.15.920

text:
The section titles shall not be considered a part of this chapter.
[ 1961 c 153 s 26.]

catchline: Titles not part of the chapter.


title: RCW 86.16.010

text:
The legislature finds that the alleviation of recurring flood damages to public and private property and to the public health and safety is a matter of public concern. As an aid in effecting such alleviation the state of Washington, in the exercise of its sovereign and police powers, hereby assumes full regulatory control over the navigable and nonnavigable waters flowing or lying within the borders of the state subject always to the federal control of navigation, to the extent necessary to accomplish the objects of this chapter. In addition, in an effort to alleviate flood damage and expenditures of government funds, the federal government adopted the national flood insurance act of 1968 and subsequently the flood disaster protection act of 1973. The department of ecology is the state agency in Washington responsible for coordinating the floodplain management regulation elements aspects of the national flood insurance program.
[ 1987 c 523 s 1; 1935 c 159 s 1; RRS s 9663A-1.]

catchline: Statement of policy—State control assumed.


title: RCW 86.16.020

text:
Statewide floodplain management regulation shall be exercised through: (1) Local governments' administration of the national flood insurance program regulation requirements, (2) the establishment of minimum state requirements for floodplain management that equal the minimum federal requirements for the national flood insurance program, and (3) the issuance of regulatory orders. This regulation shall be exercised over the planning, construction, operation and maintenance of any works, structures and improvements, private or public, which might, if improperly planned, constructed, operated and maintained, adversely influence the regimen of a stream or body of water or might adversely affect the security of life, health and property against damage by flood water.
[ 1989 c 64 s 1; 1987 c 523 s 2; 1935 c 159 s 3; RRS s 9663A-3. FORMER PART OF SECTION: 1939 c 85 s 1 now codified as RCW 86.16.025 and 86.16.027.]

catchline: Floodplain management regulation.


title: RCW 86.16.025

text:
Subject to RCW 43.21A.068, with respect to such features as may affect flood conditions, the department shall have authority to examine, approve or reject designs and plans for any structure or works, public or private, to be erected or built or to be reconstructed or modified upon the banks or in or over the channel or over and across the floodway of any stream or body of water in this state.
[ 1995 c 8 s 4; 1989 c 64 s 2; 1987 c 109 s 50; 1939 c 85 s 1; 1935 c 159 s 6; RRS s 9663A-6. Formerly RCW 86.16.020, part.]
Notes:
Findings—1995 c 8: See note following RCW 43.21A.064.
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.

catchline: Authority of department.


title: RCW 86.16.031

text:
The department of ecology shall:
(1) Review and approve county, city, or town floodplain management ordinances pursuant to RCW 86.16.041;
(2) When requested, provide guidance and assistance to local governments in development and amendment of their floodplain management ordinances;
(3) Provide technical assistance to local governments in the administration of their floodplain management ordinances;
(4) Provide local governments and the general public with information related to the national flood insurance program;
(5) When requested, provide assistance to local governments in enforcement actions against any individual or individuals performing activities within the floodplain that are not in compliance with local, state, or federal floodplain management requirements;
(6) Establish minimum state requirements that equal minimum federal requirements for the national flood insurance program;
(7) Assist counties, cities, and towns in identifying the location of the one hundred year floodplain, and petitioning the federal government to alter its designations of where the one hundred year floodplain is located if the federally recognized location of the one hundred year floodplain is found to be inaccurate; and
(8) Establish minimum state requirements for specific floodplains that exceed the minimum federal requirements for the national flood insurance program, but only if: (a) The location of the one hundred year floodplain has been reexamined and is certified by the department as being accurate; (b) negotiations have been held with the affected county, city, or town over these regulations; (c) public input from the affected community has been obtained; and (d) the department makes a finding that these increased requirements are necessary due to local circumstances and general public safety.
[ 1989 c 64 s 3; 1987 c 523 s 3.]

catchline: Duties of the department of ecology.


title: RCW 86.16.035

text:
Subject to RCW 43.21A.068, the department of ecology shall have supervision and control over all dams and obstructions in streams, and may make reasonable regulations with respect thereto concerning the flow of water which he or she deems necessary for the protection to life and property below such works from flood waters.
[ 2013 c 23 s 478; 1995 c 8 s 5. Prior: 1987 c 523 s 9; 1987 c 109 s 53; 1935 c 159 s 8; RRS s 9663A-8. Formerly RCW 86.16.030, part.]
Notes:
Findings—1995 c 8: See note following RCW 43.21A.064.
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.

catchline: Department of ecology—Control of dams and obstructions.


title: RCW 86.16.041

text:
(1) Beginning July 26, 1987, every county and incorporated city and town shall submit to the department of ecology any new floodplain management ordinance or amendment to any existing floodplain management ordinance. Such ordinance or amendment shall take effect 30 days from filing with the department unless the department disapproves such ordinance or amendment within that time period.
(2) The department may disapprove any ordinance or amendment submitted to it under subsection (1) of this section if it finds that an ordinance or amendment does not comply with any of the following:
(a) Restriction of land uses within designated floodways including the prohibition of construction or reconstruction, repair, or replacement of residential structures, except for: (i) Repairs, reconstruction, or improvements to a structure which do not increase the ground floor area; and (ii) repairs, reconstruction, or improvements to a structure the cost of which does not exceed 50 percent of the market value of the structure either, (A) before the repair, reconstruction, or repair is started, or (B) if the structure has been damaged, and is being restored, before the damage occurred. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications that have been identified by the local code or building enforcement official and which are the minimum necessary to ensure safe living conditions shall not be included in the 50 percent determination. However, the floodway prohibition in this subsection does not apply to existing farmhouses in designated floodways that meet the provisions of subsection (3) of this section, to existing residential structures other than farmhouses that meet the depth and velocity and erosion analysis in subsection (4) of this section, or to structures identified as historic places;
(b) The minimum requirements of the national flood insurance program; and
(c) The minimum state requirements adopted pursuant to RCW 86.16.031(8) that are applicable to the particular county, city, or town.
(3) Repairs, reconstruction, replacement, or improvements to existing farmhouse structures located in designated floodways and which are located on lands designated as agricultural lands of long-term commercial significance under RCW 36.70A.170 shall be permitted subject to the following:
(a) The new farmhouse is a replacement for an existing farmhouse on the same farm site;
(b) There is no potential building site for a replacement farmhouse on the same farm outside the designated floodway;
(c) Repairs, reconstruction, or improvements to a farmhouse shall not increase the total square footage of encroachment of the existing farmhouse;
(d) A replacement farmhouse shall not exceed the total square footage of encroachment of the farmhouse it is replacing;
(e) A farmhouse being replaced shall be removed, in its entirety, including foundation, from the floodway within 90 days after occupancy of a new farmhouse;
(f) For substantial improvements, and replacement farmhouses, the elevation of the lowest floor of the improvement and farmhouse respectively, including basement, is a minimum of one foot higher than the base flood elevation;
(g) New and replacement water supply systems are designed to eliminate or minimize infiltration of flood waters into the system;
(h) New and replacement sanitary sewerage systems are designed and located to eliminate or minimize infiltration of flood water into the system and discharge from the system into the flood waters; and
(i) All other utilities and connections to public utilities are designed, constructed, and located to eliminate or minimize flood damage.
(4)(a) For all substantially damaged residential structures other than farmhouses that are located in a designated floodway, the department, at the request of the town, city, or county with land use authority over the structure, is authorized to assess the risk of harm to life and property posed by the specific conditions of the floodway, and, based upon scientific analysis of depth, velocity, and flood-related erosion, may exercise best professional judgment in recommending to the permitting authority, repair, replacement, or relocation of such damaged structures. The effect of the department's recommendation, with the town, city, or county's concurrence, to allow repair or replacement of a substantially damaged residential structure within the designated floodway is a waiver of the floodway prohibition.
(b) For proposed projects that substantially improve residential structures in a designated floodway for the primary purpose of reducing risk of flood damage, the department, at the request of the town, city, or county with land use authority over the structures, is authorized to assess the risk of harm to life and property posed by the specific conditions of the floodway, and, based upon scientific analysis of depth, velocity, and flood-related erosion, may exercise best professional judgment in recommending to the permitting authority whether a project should proceed. The effect of the department's recommendation, with the town, city, or county's concurrence, to allow a project to proceed within the designated floodway is a waiver of the floodway prohibition.
(5) The department shall develop a rule or rule amendment guiding the assessment procedures and criteria described in subsections (3) and (4) of this section no later than December 31, 2000.
(6) For the purposes of this section, "farmhouse" means a single-family dwelling located on a farm site where resulting agricultural products are not produced for the primary consumption or use by the occupants and the farm owner.
[ 2024 c 187 s 2; 2000 c 222 s 1; 1999 c 9 s 1; 1989 c 64 s 4; 1987 c 523 s 4.]
Notes:
Intent—Finding—2024 c 187: "The legislature finds that the office of Chehalis basin in the department of ecology is directed to aggressively pursue implementation of an integrated strategy for long-term flood damage reduction in the Chehalis river basin. The legislature recognizes that restrictions on improvements to residential structures located in floodways may impede the office's ability to successfully carry out the Chehalis basin strategy. Therefore, the legislature intends to create additional regulatory flexibility to allow substantial improvements to residential structures for the primary purpose of reducing risk of flood damage in floodways." [ 2024 c 187 s 1.]
Effective date—1999 c 9: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 15, 1999]." [ 1999 c 9 s 2.]

catchline: Floodplain management ordinances and amendments—Filing with the department of ecology—Disapproval by the department—Adoption of rules for repair or replacement of existing residential structures.


title: RCW 86.16.045

text:
A county, city, or town may adopt floodplain management ordinances or requirements that exceed the minimum federal requirements of the national flood insurance program without following the procedures provided in RCW 86.16.031(8).
[ 1989 c 64 s 6.]

catchline: Adoption of ordinances or requirements that exceed minimum federal requirements.


title: RCW 86.16.051

text:
The basis for state and local floodplain management regulation shall be the areas designated as special flood hazard areas on the most recent maps provided by the federal emergency management agency for the national flood insurance program. Best available information shall be used if these maps are not available or sufficient.
[ 1987 c 523 s 5.]

catchline: Basis for state and local floodplain management.


title: RCW 86.16.061

text:
The department of ecology after consultation with the public shall adopt such rules as are necessary to implement this chapter.
[ 1989 c 64 s 5; 1987 c 523 s 6.]

catchline: Adoption of rules.


title: RCW 86.16.071

text:
The exercise by the state of the authority, duties, and responsibilities as provided in this chapter shall not imply or create any liability for any damages against the state.
[ 1987 c 523 s 7.]

catchline: Chapter not to create liability for damages against the state.


title: RCW 86.16.081

text:
(1) Except as provided in RCW 43.05.060 through 43.05.080 and 43.05.150, the attorney general or the attorney for the local government shall bring such injunctive, declaratory, or other actions as are necessary to ensure compliance with this chapter.
(2) Any person who fails to comply with this chapter shall also be subject to a civil penalty not to exceed $1,000 for each violation. Each violation or each day of noncompliance shall constitute a separate violation.
(3) The penalty provided for in this section must be imposed by a notice in writing and must be imposed consistent with the procedures of RCW 43.21B.300. The notice in writing must also order the act or acts constituting the violation or violations to cease and desist or, in appropriate cases, must require necessary corrective action to be taken within a specific and reasonable time.
(4) Any penalty imposed pursuant to this section by the department shall be subject to review by the pollution control hearings board under chapter 43.21B RCW. Any penalty imposed pursuant to this section by local government shall be subject to review by the local government legislative authority. Any penalty jointly imposed by the department and local government shall be appealed to the pollution control hearings board under chapter 43.21B RCW.
[ 2024 c 347 s 10; 1995 c 403 s 634; 1987 c 523 s 8.]
Notes:
Findings—Short title—Intent—1995 c 403: See note following RCW 34.05.328.

catchline: Enforcement of chapter—Civil penalty—Review by pollution control hearings board or local legislative authority.


title: RCW 86.16.110

text:
Any person, association, or corporation, public, municipal, or private, feeling aggrieved at any order, decision, or determination of the department or director pursuant to this chapter, affecting his or her interest, may have the same reviewed pursuant to RCW 43.21B.310.
[ 1991 c 322 s 11. Prior: (Repealed by 1987 c 523 s 12); 1987 c 109 s 23; 1935 c 159 s 17; RRS s 9663A-17.]
Notes:
Reviser's note: This section was repealed by 1987 c 523 s 12 without cognizance of its amendment by 1987 c 109 s 23, and was subsequently reenacted by 1991 c 322 s 11.
Findings—Intent—Purpose—1991 c 322: See notes following RCW 86.12.200.
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.

catchline: Appeals.


title: RCW 86.16.120

text:
Damages within the meaning of this chapter shall include harmful inundation, water erosion of soil, stream banks and beds, stream channel shifting and changes, harmful deposition by water of eroded and shifting soils and debris upon property or in the beds of streams or other bodies of water, damages by high water to public roads, highways, bridges, utilities and to works built for protection against floods or inundation, the interruption by floods of travel, communication and commerce, and all other high water influences and results which injuriously affect the public health and the safety of property.
[ 1935 c 159 s 2; RRS s 9663A-2.]

catchline: Flood damages defined.


title: RCW 86.16.160

text:
Nothing in this chapter shall prevent any county, city or town from establishing, pursuant to any authority otherwise available to them, flood control regulation programs and related land use control measures in areas which are subject to flooding or flood damages.
[ 1973 c 75 s 2.]

catchline: Local programs not prevented.


title: RCW 86.16.180

text:
All state and local agencies with authority under this chapter to issue permits or other authorizations in connection with emergency water withdrawals and facilities authorized under RCW 43.83B.410 shall expedite the processing of such permits or authorizations in keeping with the emergency nature of such requests and shall provide a decision to the applicant within fifteen calendar days of the date of application.
[ 1989 c 171 s 9; 1987 c 343 s 7.]
Notes:
Severability—1989 c 171: See note following RCW 43.83B.400.

catchline: Processing of permits and authorizations for emergency water withdrawal and facilities to be expedited.


title: RCW 86.16.190

text:
Local governments that have adopted floodplain management regulations pursuant to this chapter shall include provisions that allow for the establishment of livestock flood sanctuary areas at a convenient location within a farming unit that contains domestic livestock. Local governments may limit the size and configuration of the livestock flood sanctuary areas, but such limitation shall provide adequate space for the expected number of livestock on the farming unit and shall be at an adequate elevation to protect livestock. Modification to floodplain management regulations required pursuant to this section shall be within the minimum federal requirements necessary to maintain coverage under the national flood insurance program.
[ 1991 c 322 s 17.]
Notes:
Findings—Intent—1991 c 322: See note following RCW 86.12.200.

catchline: Livestock flood sanctuary areas.


title: RCW 86.16.900

text:
The provisions of this chapter and all proceedings thereunder shall be liberally construed with a view to effect their object.
[ 1935 c 159 s 19; RRS s 9663A-19.]

catchline: Chapter liberally construed.


title: RCW 86.18.010

text:
Economic development and growth of the state is dependent on the control of flood waters. The legislature declares, in the exercise of its sovereign and police powers, that the purpose of this chapter is to provide for contributions of funds for assisting political subdivisions of the state in the protection of lands from inundation; the protection of public highways; the control of storm drainage; the maintenance of stream channels and water courses; and the protection of life and property.
It is the intent of the legislature that funds be provided to political subdivisions of the state to assist in the development of those flood control improvements and projects, which cannot be reasonably and practicably financed through the normal methods of financing available to such political subdivisions.
[ 1967 ex.s. c 136 s 1.]

catchline: Declaration of purpose.


title: RCW 86.18.030

text:
Funds shall be expended and contributions made to a political subdivision of the state from flood control appropriations only after:
(1) The project for which the funds are to be used has been approved by the department of ecology in accordance with the regulatory provisions of chapter 86.16 RCW.
(2) Engineering studies and plans have been made and filed with the county engineer of the county in which the project is located, or the county engineers of all counties in which the project is located, if it is located in more than one county.
(3) The estimate of cost of acquisition of necessary lands, rights-of-way and construction of the project or improvements, together with adequate supporting data have been completed and filed with the department of ecology.
(4) A comprehensive plan for the area involved has been completed and filed with the department.
(5) The political subdivision desiring a contribution has made an application for a contribution to the department showing the estimated cost of the project and the requested contribution.
(6) Federal funds are available for contribution for payment of a portion of the cost of the project.
The director of ecology is authorized to determine when these conditions have been met and to request the proper warrant for the state's contribution. Contributions to a political subdivision for a specific project shall not exceed fifty percent of the cost of acquisition of necessary lands and rights-of-way, and construction of the project or works of improvement.
[ 1987 c 109 s 63; 1980 c 32 s 12; 1967 ex.s. c 136 s 3.]
Notes:
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.

catchline: Conditions and limitations on expenditures and contributions from appropriations—Warrants.


title: RCW 86.18.900

text:
This legislative proposal shall be complete authority for the accomplishment of purposes hereby authorized, and shall be liberally construed to accomplish its purposes.
[ 1967 ex.s. c 136 s 4.]

catchline: Construction—1967 ex.s. c 136.


title: RCW 86.24.010

text:
It is the purpose of the state of Washington, in the exercise of its sovereign and police powers, and in the interests of public welfare, to establish a state policy for the control of floods to the extent practicable and by economically feasible methods.
[ 1935 c 163 s 1; RRS s 9662-1.]

catchline: Declaration of policy.


title: RCW 86.24.020

text:
The department of ecology, in cooperation with the corps of engineers of the United States army, and any other agencies of the United States, and in cooperation with any official, agency or institution of the state and any flood control district created under the laws of the state, and any county, or any counties acting jointly pursuant to RCW 86.13.010 through 86.13.090, shall act for the state in the formulation of plans for the control of floods in the several flood areas of the state, and shall consider the extent to which the state should participate therein with the United States and/or any flood control district, or county, or counties so acting jointly. In case of federal participation, the plan of development and the surveys, plans and specifications for such flood control projects shall be in accordance with the federal requirements therefor.
[ 1987 c 109 s 64; 1935 c 163 s 2; RRS s 9662-2.]
Notes:
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.

catchline: Cooperation authorized.


title: RCW 86.24.030

text:
The state director of ecology, when state funds shall be available therefor, shall have authority on behalf of the state to enter into contracts with the United States or any agency thereof and/or with any such flood control district, county, or counties so acting jointly, for flood control purposes for any such flood control district, county, or counties so acting jointly, the amount of the state's participation in any such contract to be such sum as may be appropriated therefor, or, in event of unallocated state appropriations for flood control purposes, in such necessary sum as to any such contract as he or she shall determine.
[ 2013 c 23 s 479; 1988 c 127 s 39; 1935 c 163 s 4; RRS s 9662-4.]

catchline: Contracts authorized—Extent of participation.


title: RCW 86.24.040

text:
In any case where the boundaries of any flood control district shall embrace all or any part of any county, city, town, diking, or drainage district, subject to flood conditions, the governing authorities thereof may contract with the directors of such flood control district, with the written approval of the state director, for the maintenance, repair, renewal and extension of any existing flood control works of such county, city, town, diking, or drainage district, situated within the flood control district, and for the construction and maintenance of specific flood control projects, for such term of years and for the payment to such flood control district therefor of such annual sums as in said contract specified.
[ 1979 ex.s. c 30 s 19; 1935 c 163 s 6; RRS s 9662-6.]

catchline: Contracts between flood control districts and other governmental units.


title: RCW 86.24.050

text:
State participation in flood control projects shall be in such as are affected with a state interest and to such extent as the legislature may determine.
[ 1935 c 163 s 3; RRS s 9662-3.]

catchline: State participation where state interest affected.


title: RCW 86.26.005

text:
It is the purpose of the state in the exercise of its sovereign and police powers and in the interest of public welfare, to establish a state and local participating flood control maintenance policy.
[ 1951 c 240 s 2.]


title: RCW 86.26.007

text:
The flood control assistance account is hereby established in the state treasury. At the beginning of the 2005-2007 fiscal biennium, the state treasurer shall transfer three million dollars from the general fund to the flood control assistance account. Each biennium thereafter the state treasurer shall transfer four million dollars from the general fund to the flood control assistance account, except for the 2025-2027 fiscal biennium, when the treasurer shall transfer $3,700,000 to the flood control assistance account. Moneys in the flood control assistance account may be spent only after appropriation for purposes specified under this chapter. During the 2017-2019 and 2019-2021 fiscal biennia, the legislature may appropriate moneys from the account for the purposes specified under chapter 90.94 RCW.
[ 2025 c 424 s 992; 2019 c 415 s 991; 2018 c 299 s 917; 2015 3rd sp.s. c 4 s 978; 2013 2nd sp.s. c 4 s 1005; 2012 2nd sp.s. c 7 s 932; 2011 1st sp.s. c 50 s 976; 2009 c 564 s 961; 2005 c 518 s 947; 2003 1st sp.s. c 25 s 943; 1997 c 149 s 914; 1996 c 283 s 903; 1995 2nd sp.s. c 18 s 915; 1993 sp.s. c 24 s 928; 1991 sp.s. c 13 s 24; 1986 c 46 s 1; 1985 c 57 s 88; 1984 c 212 s 1.]
Notes:
Effective date—2025 c 424: See note following RCW 9.46.100.
Effective date—2019 c 415: See note following RCW 28B.20.476.
Effective date—2018 c 299: See note following RCW 43.41.433.
Effective dates—2015 3rd sp.s. c 4: See note following RCW 28B.15.069.
Effective dates—2013 2nd sp.s. c 4: See note following RCW 2.68.020.
Effective date—2012 2nd sp.s. c 7: See note following RCW 2.68.020.
Effective dates—2011 1st sp.s. c 50: See note following RCW 15.76.115.
Effective date—2009 c 564: See note following RCW 2.68.020.
Effective date—2005 c 518: See note following RCW 28A.600.110.
Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351.
Severability—Effective date—1997 c 149: See notes following RCW 43.08.250.
Severability—Effective date—1996 c 283: See notes following RCW 43.08.250.
Severability—Effective date—1995 2nd sp.s. c 18: See notes following RCW 19.118.110.
Severability—Effective dates—1993 sp.s. c 24: See notes following RCW 28A.310.020.
Effective dates—1991 sp.s. c 13: See note following RCW 18.04.105.
Effective date—1985 c 57: See note following RCW 18.04.105.

catchline: Flood control assistance account—Use.


title: RCW 86.26.010

text:
The department of ecology shall have charge for the state of the administration and enforcement of all laws relating to flood control.
[ 1984 c 212 s 2; 1951 c 240 s 3.]

catchline: Administration and enforcement.


title: RCW 86.26.040

text:
Whenever state grants under this chapter are used in a flood control maintenance project, the engineer of the county within which the project is located shall approve all plans for the specific project and shall supervise the work. The approval of such plans, construction and expenditures by the department of ecology, in consultation with the department of fish and wildlife, shall be a condition precedent to state participation in the cost of any project beyond planning and designing the specific project.
Additionally, state grants may be made to counties for preparation of a comprehensive flood control management plan required to be prepared under RCW 86.26.050.
[ 1994 c 264 s 77; 1988 c 36 s 63; 1986 c 46 s 2; 1984 c 212 s 3; 1951 c 240 s 6.]

catchline: Duties of local engineer—Approval of plans, etc., by department of ecology—Grants to prepare comprehensive flood control management plan.


title: RCW 86.26.050

text:
(1) State participation shall be in such preparation of comprehensive flood control management plans under this chapter and chapter 86.12 RCW, cost sharing feasibility studies for new flood control projects, projects pursuant to section 33, chapter 322, Laws of 1991, and flood control maintenance projects as are affected with a general public and state interest, as differentiated from a private interest, and as are likely to bring about public benefits commensurate with the amount of state funds allocated thereto.
(2) No participation for flood control maintenance projects may occur with a county or other municipal corporation unless the director of ecology has approved the floodplain management activities of the county, city, or town having planning jurisdiction over the area where the flood control maintenance project will be, on the one hundred year floodplain surrounding such area.
The department of ecology shall adopt rules concerning the floodplain management activities of a county, city, or town that are adequate to protect or preclude flood damage to structures, works, and improvements, including the restriction of land uses within a river's meander belt or floodway to only flood-compatible uses. Whenever the department has approved county, city, and town floodplain management activities, as a condition of receiving an allocation of funds under this chapter, each revision to the floodplain management activities must be approved by the department of ecology, in consultation with the department of fish and wildlife.
No participation with a county or other municipal corporation for flood control maintenance projects may occur unless the county engineer of the county within which the flood control maintenance project is located certifies that a comprehensive flood control management plan has been completed and adopted by the appropriate local authority, or is being prepared for all portions of the river basin or other area, within which the project is located in that county, that are subject to flooding with a frequency of one hundred years or less.
(3) Participation for flood control maintenance projects and preparation of comprehensive flood control management plans shall be made from grants made by the department of ecology from the flood control assistance account. Comprehensive flood control management plans, and any revisions to the plans, must be approved by the department of ecology, in consultation with the department of fish and wildlife. The department may only grant financial assistance to local governments that, in the opinion of the department, are making good faith efforts to take advantage of, or comply with, federal and state flood control programs.
[ 1994 c 264 s 78; 1991 c 322 s 6; 1988 c 36 s 64; 1986 c 46 s 3; 1985 c 454 s 1; 1984 c 212 s 4; 1951 c 240 s 7.]
Notes:
Findings—Intent—Purpose—1991 c 322: See notes following RCW 86.12.200.

catchline: Projects in which state will participate—Allocation of funds.


title: RCW 86.26.060

text:
Grants for flood control maintenance shall be so employed that as far as possible, funds will be on hand to meet unusual, unforeseeable and emergent flood conditions. Allocations by the department of ecology, for emergency purposes, shall in each instance be in amounts which together with funds provided by local authority, if any, under reasonable exercise of its emergency powers, shall be adequate for the preservation of life and property, and with due regard to similar needs elsewhere in the state.
[ 1984 c 212 s 5; 1951 c 240 s 8.]

catchline: Allocation of funds.


title: RCW 86.26.070

text:
Any municipal corporation subject to flood conditions, may establish in its treasury a flood control maintenance fund. Such fund may be maintained by transfer thereto of moneys derived from regular or special lawful levies for flood control purposes, moneys which may be lawfully transferred to it from any other municipal fund; and gifts and contributions received for flood control purposes. All costs and expenses for flood control maintenance purposes shall be paid out of said flood control maintenance fund, which fund shall not be used for any other purpose.
[ 1951 c 240 s 9.]

catchline: Flood control maintenance fund of municipal corporation—Composition—Use.


title: RCW 86.26.080

text:
Any municipal corporation intending to seek state participating funds shall, within thirty days after final adoption of its annual budget for flood control purposes, report the amount thereof, to the engineer of the county within whose boundaries the municipal corporation lies. The county engineer shall submit such reports, together with reports from the county itself, to the department of ecology. On the basis of all such budget reports received, the department may thereupon prepare a tentative and preliminary plan for the orderly and most beneficial allocation of funds from the flood control assistance account for the ensuing calendar year. Soil conservation districts shall be exempted from the provisions of this section.
[ 1984 c 212 s 6; 1951 c 240 s 10.]

catchline: Annual budget reports of municipal corporations—Allocation of funds.


title: RCW 86.26.090

text:
The state shall participate with eligible local authorities in maintaining and restoring the normal and reasonably stable river and stream channel alignment and the normal and reasonably stable river and stream channel capacity for carrying off flood waters with a minimum of damage from bank erosion or overflow of adjacent lands and property; and in restoring, maintaining and repairing natural conditions, works and structures for the maintenance of such conditions. State participation in the repair of flood control facilities may include the enhancement of such facilities. The state shall likewise participate in the restoration and maintenance of natural conditions, works or structures for the protection of lands and other property from inundation or other damage by the sea or other bodies of water. Funds from the flood control assistance account shall not be available for maintenance of works or structures maintained solely for the detention or storage of flood waters.
[ 1991 c 322 s 7; 1984 c 212 s 7; 1951 c 240 s 11.]
Notes:
Findings—Intent—Purpose—1991 c 322: See notes following RCW 86.12.200.

catchline: Scope of maintenance in which state will participate.


title: RCW 86.26.100

text:
State participation in the cost of any flood control maintenance project shall be provided for by a written memorandum agreement between the director of ecology and the legislative authority of the county submitting the request, which agreement, among other things, shall state the estimated cost and the percentage thereof to be borne by the state. In no instance, except on emergency projects, shall the state's share exceed seventy-five percent of the total cost of the project, to include project planning and design. Grants for cost sharing feasibility studies for new flood control projects shall not exceed fifty percent of the matching funds that are required by the federal government, and shall not exceed twenty-five percent of the total costs of the feasibility study. However, grants to prepare a comprehensive flood control management plan required under RCW 86.26.050 shall not exceed seventy-five percent of the full planning costs, but not to exceed amounts for either purpose specified in rule and regulation by the department of ecology.
[ 2000 c 20 s 1; 1991 c 322 s 8; 1986 c 46 s 4; 1984 c 212 s 8; 1951 c 240 s 12.]
Notes:
Findings—Intent—Purpose—1991 c 322: See notes following RCW 86.12.200.

catchline: Agreement as to participation—Limit on amount.


title: RCW 86.26.105

text:
A comprehensive flood control management plan shall determine the need for flood control work, consider alternatives to in-stream flood control work, identify and consider potential impacts of in-stream flood control work on the state's in-stream resources, and identify the river's meander belt or floodway. A comprehensive flood control management plan shall be completed and adopted within at least three years of the certification that it is being prepared, as provided in RCW 86.26.050.
If after this three-year period has elapsed such a comprehensive flood control plan has not been completed and adopted, grants for flood control maintenance projects shall not be made to the county or municipal corporations in the county until a comprehensive flood control plan is completed and adopted by the appropriate local authority. These limitations on grants shall not preclude allocations for emergency purposes made pursuant to RCW 86.26.060.
[ 1986 c 46 s 5; 1984 c 212 s 9.]

catchline: Comprehensive flood control management plan—Requirements—Time for completion.


title: RCW 87.03.001

text:
The formation of an irrigation district may be subject to potential review by a boundary review board under chapter 36.93 RCW. The alteration of the boundaries of an irrigation district, including but not limited to a consolidation, addition of lands, exclusion of lands, or merger, may be subject to potential review by a boundary review board under chapter 36.93 RCW, except that additions or exclusions of land to an irrigation district, when those lands are within the boundary of a federal reclamation project, are not subject to review by a boundary review board under chapter 36.93 RCW.
[ 2010 c 201 s 1; 1989 c 84 s 66.]

catchline: Actions subject to review by boundary review board—Exceptions.


title: RCW 87.03.005

text:
Whenever fifty or a majority of the holders of title to, or of evidence of title to land susceptible of "irrigation" desire to organize an irrigation district for any or all of the purposes mentioned in RCW 87.03.010 and 87.03.015, they may propose the organization of an irrigation district in the manner provided herein; and when so organized, such district shall have all the powers that may now or hereafter be conferred by law.
[ 1923 c 138 s 1; 1917 c 162 s 1; 1915 c 179 s 1; 1895 c 165 s 1; 1889-90 p 671 s 1; RRS s 7417. Formerly RCW 87.01.020, part.]

catchline: District proposed—Powers, when organized.