Title 35A — Title 35A OPTIONAL MUNICIPAL CODE
57 chapters · 481 sections in this title.
RCW 35A.14.001 Actions subject to review by boundary review board.
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Actions taken under chapter 35A.14 RCW may be subject to potential review by a boundary review board under chapter 36.93 RCW.[ 1989 c 84 s 38.]
RCW 35A.14.005 Annexations beyond urban growth areas prohibited.
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No code city located in a county in which urban growth areas have been designated under RCW 36.70A.110 may annex territory beyond an urban growth area.[ 1990 1st ex.s. c 17 s 31.]Notes:Severability—Part, section headings not law—1990 1st ex.s. c 17: See RCW 36.70A.900 and 36.70A.…
RCW 35A.14.010 Authority for annexation.
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Any portion of a county not incorporated as part of a city or town but lying contiguous to a code city may become a part of the charter code city or noncharter code city by annexation. An area proposed to be annexed to a charter code city or noncharter code city shall be deemed c…
RCW 35A.14.015 Election method—Resolution for election—Contents of resolution.
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When the legislative body of a charter code city or noncharter code city shall determine that the best interests and general welfare of such city would be served by the annexation of unincorporated territory contiguous to such city, such legislative body may, by resolution, call …
RCW 35A.14.020 Election method—Contents of petition—Certification by auditor—Approval or rejection by legislative body—Costs.
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When a petition is sufficient under the rules set forth in RCW 35A.01.040, calling for an election to vote upon the annexation of unincorporated territory contiguous to a code city, describing the boundaries of the area proposed to be annexed, stating the number of voters therein…
RCW 35A.14.030 Filing of petition as approved by city.
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Upon approval of the petition for election by the legislative body of the code city to which such territory is proposed to be annexed, the petition shall be filed with the legislative authority of the county in which such territory is located, along with a statement, in the form …
RCW 35A.14.040 Election method—Hearing by review board—Notice.
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Within ten days after receipt of a petition or resolution calling for an election on the question of annexation, the county annexation review board shall meet and, if the proposed annexation complies with the requirements of law, shall fix a date for a hearing thereon, to be held…
RCW 35A.14.050 Decision of the county annexation review board—Filing—Date for election.
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After consideration of the proposed annexation as provided in RCW 35A.14.200, the county annexation review board, within thirty days after the final day of hearing, shall take one of the following actions:(1) Approval of the proposal as submitted.(2) Subject to RCW 35.02.170, mod…
RCW 35A.14.070 Election method—Notice of election.
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Notice of an annexation election shall particularly describe the boundaries of the area proposed to be annexed, as the same may have been modified by the boundary review board or the county annexation review board, state the objects of the election as prayed in the petition or as…
RCW 35A.14.080 Election method—Vote required for annexation—Proposition for assumption of indebtedness—Certification.
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On the Monday next succeeding the annexation election, the county canvassing board shall proceed to canvass the returns thereof and shall submit the statement of canvass to the county legislative authority.The proposition for or against annexation or for or against annexation and…
RCW 35A.14.085 Election method—Vote required for annexation with assumption of indebtedness—Without assumption of indebtedness.
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A code city may cause a proposition authorizing an area to be annexed to the city to be submitted to the qualified voters of the area proposed to be annexed in the same ballot proposition as the question to authorize an assumption of indebtedness. If the measures are combined, th…
RCW 35A.14.090 Election method—Ordinance providing for annexation, assumption of indebtedness.
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Upon filing of the certified copy of the finding of the county legislative authority, the clerk shall transmit it to the legislative body of the city at the next regular meeting or as soon thereafter as practicable. If only a proposition relating to annexation or to annexation an…
RCW 35A.14.100 Election method—Effective date of annexation.
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Upon the date fixed in the ordinance of annexation, the area annexed shall become a part of the city. Upon the date fixed in the ordinances of annexation and adoption of the proposed zoning regulation, the area annexed shall become a part of the city, and property in the annexed …
RCW 35A.14.110 Election method is alternative.
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The method of annexation provided for in RCW 35A.14.015 through 35A.14.100 is an alternative method and is additional to the other methods provided for in this chapter.[ 1967 ex.s. c 119 s 35A.14.110.]
RCW 35A.14.120 Direct petition method—Notice to legislative body—Meeting—Assumption of indebtedness—Proposed zoning regulation—Contents of petition.
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Proceedings for initiating annexation of unincorporated territory to a charter code city or noncharter code city may be commenced by the filing of a petition of property owners of the territory proposed to be annexed, in the following manner. This method of annexation shall be al…
RCW 35A.14.130 Direct petition method—Notice of hearing.
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Whenever such a petition for annexation is filed with the legislative body of a code city, which petition meets the requirements herein specified and is sufficient according to the rules set forth in RCW 35A.01.040, the legislative body may entertain the same, fix a date for a pu…
RCW 35A.14.140 Direct petition method—Ordinance providing for annexation.
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Following the hearing, if the legislative body determines to effect the annexation, they shall do so by ordinance. Subject to RCW 35.02.170, the ordinance may annex all or any portion of the proposed area but may not include in the annexation any property not described in the pet…
RCW 35A.14.150 Direct petition method—Effective date of annexation.
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Upon the date fixed in the ordinance of annexation the area annexed shall become part of the city. All property within the territory hereafter annexed shall, if the annexation petition so provided, be assessed and taxed at the same rate and on the same basis as the property of su…
RCW 35A.14.160 Annexation review board—Composition.
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There is hereby established in each county of the state, other than counties having a boundary review board as provided for in chapter 189, Laws of 1967 [chapter 36.93 RCW], a board to be known as the "annexation review board for the county of . . . . . . (naming the county)", wh…
RCW 35A.14.170 Time for filing nominations—Vacancies.
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Upon the initial formation of a county annexation review board the governor shall give written notice of such formation to all the nominating sources designated therein and nominations must be filed with the office of the governor within fifteen days after receipt of such notice.…
RCW 35A.14.180 Terms of members.
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The members of the annexation review board shall be appointed for five year terms. Upon the initial formation of a board, one member appointed by the governor independently shall be appointed for a four year term, the member appointed from among nominees of the board of county co…
RCW 35A.14.190 Organization of annexation review board—Rules—Journal—Authority.
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The members of each annexation review board shall elect from among the members a chair and a vice chair, and may employ a nonmember as chief clerk, who shall be the secretary of the board. The board shall determine its own rules and order of business, shall provide by resolution …
RCW 35A.14.200 Determination by county annexation review board—Factors considered—Filing of findings and decision.
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The jurisdiction of the county annexation review board shall be invoked upon the filing with the board of a resolution for an annexation election as provided in RCW 35A.14.015, or of a petition for an annexation election as provided in RCW 35A.14.030, and the board shall proceed …
RCW 35A.14.210 Court review of decisions of the county annexation review board.
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Decisions of the county annexation review board shall be final unless within ten days from the date of said action a governmental unit affected by the decision or any person owning real property in or residing in the area proposed to be annexed files in the superior court a notic…
RCW 35A.14.220 When review procedure may be dispensed with.
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Annexations under the provisions of RCW 35A.14.295, 35A.14.297, 35A.14.300, and 35A.14.310 shall not be subject to review by the annexation review board: PROVIDED, That in any county in which a boundary review board is established under chapter 36.93 RCW all annexations shall be …
RCW 35A.14.231 Territory subject to annexation proposal—When annexation by another city or incorporation allowed.
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After a petition proposing an annexation by a code city has been filed with the city or the city legislative authority, or after a resolution proposing the annexation by a code city has been adopted by the city legislative authority, no territory included in the proposed annexati…
RCW 35A.14.295 Annexation of unincorporated island of territory within code city—Resolution—Notice of hearing.
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(1) The legislative body of a code city may resolve to annex territory to the city if there is within the city, unincorporated territory:(a) Containing less than one hundred seventy-five acres and having all of the boundaries of such area contiguous to the code city; or(b) Of any…
RCW 35A.14.296 Annexation of unincorporated territory pursuant to interlocal agreement.
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(1) A code city as provided in subsection (2) of this section may annex unincorporated territory pursuant to an interlocal agreement. This method of annexation shall be an alternative method and is additional to all other methods provided for in this chapter.(2) The county legisl…
RCW 35A.14.297 Ordinance providing for annexation of unincorporated island of territory—Referendum.
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On the date set for hearing as provided in RCW 35A.14.295, residents or property owners of the area included in the resolution for annexation shall be afforded an opportunity to be heard. The legislative body may provide by ordinance for annexation of the territory described in t…
RCW 35A.14.299 Annexation of unincorporated island of territory within code city—Referendum—Effective date if no referendum.
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Such annexation ordinance as provided for in RCW 35A.14.297 shall be subject to referendum for forty-five days after the passage thereof. Upon the filing of a timely and sufficient referendum petition with the legislative body, signed by qualified electors in number equal to not …
RCW 35A.14.300 Annexation for municipal purposes.
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Legislative bodies of code cities may by a majority vote annex territory outside the limits of such city whether contiguous or noncontiguous for any municipal purpose when such territory is owned by the city.[ 1981 c 332 s 7; 1967 ex.s. c 119 s 35A.14.300.]
RCW 35A.14.310 Annexation of federal areas.
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A code city may annex an unincorporated area contiguous to the city that is owned by the federal government by adopting an ordinance providing for the annexation and which ordinance either acknowledges an agreement of the annexation by the government of the United States, or acce…
RCW 35A.14.320 Annexation of federal areas—Provisions of ordinance—Authority over annexed territory.
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In the ordinance annexing territory pursuant to a gift, grant, or lease from the government of the United States, a code city may include such tide and shorelands as may be necessary or convenient for the use thereof, and may include in the ordinance an acceptance of the terms an…
RCW 35A.14.330 Proposed zoning regulation—Purposes of regulations and restrictions.
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The legislative body of any code city acting through a planning agency created pursuant to chapter 35A.63 RCW, or pursuant to its granted powers, may prepare a proposed zoning regulation to become effective upon the annexation of any area which might reasonably be expected to be …
RCW 35A.14.340 Notice and hearing—Filings and recordings.
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The legislative body of the code city shall hold two or more public hearings, to be held at least thirty days apart, upon the proposed zoning regulation, giving notice of the time and place thereof by publication in a newspaper of general circulation in the annexing city and the …
RCW 35A.14.380 Ownership of assets of fire protection district—Assumption of responsibility of fire protection—When at least sixty percent of assessed valuation is annexed or incorporated in code city.
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If a portion of a fire protection district including at least sixty percent of the assessed valuation of the real property of the district is annexed to or incorporated into a code city, ownership of all of the assets of the district shall be vested in the code city, upon payment…
RCW 35A.14.400 Ownership of assets of fire protection district—When less than sixty percent of assessed valuation is annexed or incorporated in code city.
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If a portion of a fire protection district including less than sixty percent of the assessed value of the real property of the district is annexed to or incorporated into a code city, the ownership of all assets of the district shall remain in the district and the district shall …
RCW 35A.14.410 When right-of-way may be included—Use of right-of-way line as corporate boundary.
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The boundaries of a code city arising from an annexation of territory shall not include a portion of the right-of-way of any public street, road, or highway except where the boundary runs from one edge of the right-of-way to the other edge of the right-of-way. However, the right-…
RCW 35A.14.420 Alternative direct petition method—Notice to legislative body—Meeting—Assumption of indebtedness—Proposed zoning regulation—Contents of petition.
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(1) Proceedings for initiating annexation of unincorporated territory to a charter code city or noncharter code city may be commenced by the filing of a petition of property owners of the territory proposed to be annexed, in the following manner which is alternative to other meth…
RCW 35A.14.430 Alternative direct petition method—Notice of hearing.
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When a petition for annexation is filed with the legislative body of a code city, that meets the requirements of RCW 35A.01.040 and 35A.14.420, the legislative body may entertain the same, fix a date for a public hearing thereon and cause notice of the hearing to be published in …
RCW 35A.14.440 Alternative direct petition method—Ordinance providing for annexation.
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Following the hearing, if the legislative body determines to effect the annexation, they shall do so by ordinance. Subject to RCW 35A.14.410, the ordinance may annex all or any portion of the proposed area but may not include in the annexation any property not described in the pe…
RCW 35A.14.450 Alternative direct petition method—Effective date of annexation.
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Upon the date fixed in the ordinance of annexation, the area annexed shall become part of the city. All property within the annexed territory shall, if the annexation petition so provided, be assessed and taxed at the same rate and on the same basis as the property of the annexin…
RCW 35A.14.460 Annexation of territory within urban growth areas—Interlocal agreement—Public hearing—Ordinance providing for annexation.
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(1) The legislative body of a county or code city planning under chapter 36.70A RCW and subject to the requirements of RCW 36.70A.215 may initiate an annexation process for unincorporated territory by adopting a resolution commencing negotiations for an interlocal agreement as pr…
RCW 35A.14.470 Annexation of territory within urban growth areas—County may initiate process with other cities or towns—Interlocal agreement—Public hearing—Ordinance—Referendum—Election, when necessary.
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(1) The legislative body of any county planning under chapter 36.70A RCW and subject to the requirements of RCW 36.70A.215 may initiate an annexation process with the legislative body of any other cities or towns that are contiguous to the territory proposed for annexation in RCW…
RCW 35A.14.472 Annexation of unincorporated territory within urban growth areas—Interlocal agreement, when authorized—Requirements.
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(1) A code city as provided in RCW 35A.14.296(2) may collaborate with the county or counties where the code city is located to form an interlocal agreement regarding annexation of unincorporated territory within the urban growth area boundary. The interlocal agreement formation p…
RCW 35A.14.475 Annexation of territory within regional transit authorities.
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When territory is annexed under this chapter to a code city located within the boundaries of a regional transit authority, the territory is simultaneously included within the boundaries of the authority and subject from the effective date of the annexation to all taxes and other …
RCW 35A.14.480 Annexation of territory served by fire districts—Interlocal agreement process.
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(1)(a) An annexation by a code city proposing to annex territory served by one or more fire protection districts may be accomplished by ordinance after entering into an interlocal agreement as provided in chapter 39.34 RCW with the county and the fire protection district or distr…
RCW 35A.14.485 Annexation of fire districts—Transfer of employees.
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(1) If any portion of a fire protection district is proposed for annexation to or incorporation into a code city, both the fire protection district and the code city shall jointly inform the employees of the fire protection district about hires, separations, terminations, and any…
RCW 35A.14.488 Fire protection and safety in proposed annexed territory—Report request.
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Upon the written request of a fire protection district, code cities annexing territory under this chapter shall, prior to completing the annexation, issue a report regarding the likely effects that the annexation and any associated asset transfers may have upon the safety of resi…
RCW 35A.14.490 Annexation of territory used for an agricultural fair.
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(1) Territory owned by a county and used for an agricultural fair as provided in chapter 15.76 RCW or chapter 36.37 RCW may only be annexed to a code city through the method prescribed in this section.(a) The legislative body of the city proposing the annexation must submit a req…