Title 36, Title 36 COUNTIES

The purpose and intent of this chapter is to provide the authority for, and the procedures to be followed in, guiding and regulating the physical development of a county or region through correlating both public and private projects and coordinating their execution with respect t…

Regional planning under the provisions of this chapter is hereby declared to be a proper public purpose for the expenditure of the funds of counties, school districts, public utility districts, housing authorities, port districts, cities or towns or any other public organization …

The following words or terms as used in this chapter shall have the following meaning unless a different meaning is clearly indicated by the context:(1) "Approval by motion" is a means by which a board, through other than by ordinance, approves and records recognition of a compre…

As used in this chapter, "solar energy system" means any device or combination of devices or elements which rely upon direct sunlight as an energy source, including but not limited to any substance or device which collects sunlight for use in:(1) The heating or cooling of a struc…

By ordinance a board may create a planning commission and provide for the appointment by the commission of a director of planning.[ 1963 c 4 s 36.70.030. Prior: 1959 c 201 s 3.]

By ordinance a board may, as an alternative to and in lieu of the creation of a planning commission as provided in RCW 36.70.030, create a planning department which shall be organized and function as any other department of the county. When such department is created, the board s…

Upon the creation of a planning agency as authorized in RCW 36.70.030 and 36.70.040, a county may engage in a planning program as defined by this chapter. Two or more counties may jointly engage in a planning program as defined herein for their combined areas.[ 1963 c 4 s 36.70.0…

A county or a city may join with one or more other counties, cities and towns, and/or with one or more school districts, public utility districts, private utilities, housing authorities, port districts, or any other private or public organizations interested in regional planning …

Whenever a commission is created by a county, it shall consist of five, seven, or nine members as may be provided by ordinance: PROVIDED, That where a commission, on June 10, 1959, is operating with more than nine members, no further appointments shall be made to fill vacancies f…

The members of a commission shall be appointed by the chair of the board with the approval of a majority of the board: PROVIDED, That each member of the board shall submit to the chair a list of nominees residing in his or her commissioner district, and the chair shall make his o…

When a commission is created after June 10, 1959, the first terms of the members of the commission consisting of five, seven, and nine members, respectively, other than ex officio members, shall be as follows:(1) For a five-member commission—one, shall be appointed for one year; …

Vacancies occurring for any reason other than the expiration of the term shall be filled by appointment for the unexpired portion of the term except if, on June 10, 1959, the unexpired portion of a term is for more than four years the vacancy shall be filled for a period of time …

After public hearing, any appointee member of a commission may be removed by the chair of the board, with the approval of the board, for inefficiency, neglect of duty, or malfeasance in office.[ 2009 c 549 s 4109; 1963 c 4 s 36.70.110. Prior: 1959 c 201 s 11.]

Each commission shall elect its chair and vice chair from among the appointed members. The commission shall appoint a secretary who need not be a member of the commission.[ 2009 c 549 s 4110; 1963 c 4 s 36.70.120. Prior: 1959 c 201 s 12.]

Each planning agency shall hold not less than one regular meeting in each month: PROVIDED, That if no matters over which the planning agency has jurisdiction are pending upon its calendar, a meeting may be canceled.[ 1963 c 4 s 36.70.130. Prior: 1959 c 201 s 13.]

Each planning agency shall adopt rules for the transaction of its business and shall keep a public record of its transactions, findings, and determinations.[ 1963 c 4 s 36.70.140. Prior: 1959 c 201 s 14.]

Two or more county planning agencies in any combination may hold joint meetings and by approval of their respective boards may have the same chair.[ 2009 c 549 s 4111; 1963 c 4 s 36.70.150. Prior: 1959 c 201 s 15.]

If a director of planning is provided for, he or she shall be appointed:(1) By the commission when a commission is created under RCW 36.70.030;(2) If a planning department is established as provided in RCW 36.70.040, then he or she shall be appointed by the board.[ 2009 c 549 s 4…

The director of planning shall be authorized to appoint such employees as are necessary to perform the duties assigned to him or her within the budget allowed.[ 2009 c 549 s 4113; 1963 c 4 s 36.70.170. Prior: 1959 c 201 s 17.]

The boards of two or more counties or the legislative bodies of other political subdivisions or special districts may jointly engage a single director of planning and may authorize him or her to employ such other personnel as may be necessary to carry out the joint planning progr…

Each planning agency, subject to the approval of the board, may employ or contract with the planning consultants or other specialists for such services as it requires.[ 1963 c 4 s 36.70.190. Prior: 1959 c 201 s 19.]

Whenever a board shall have created a planning agency, it shall also by ordinance, coincident with the enactment of a zoning ordinance, create a board of adjustment, and may establish the office of zoning adjustor: PROVIDED, That any county that has prior to June 10, 1959, enacte…

A board of adjustment shall consist of five or seven members as may be provided by ordinance, and a majority of the members shall constitute a quorum for the transaction of all business.[ 1965 ex.s. c 24 s 1; 1963 c 4 s 36.70.210. Prior: 1959 c 201 s 21.]

The members of a board of adjustment and the zoning adjustor shall be appointed in the same manner as provided for the appointment of commissioners in RCW 36.70.080. One member of the board of adjustment may be an appointee member of the commission.[ 1963 c 4 s 36.70.220. Prior: …

If the board of adjustment is to consist of three members, when it is first appointed after June 10, 1959, the first terms shall be as follows: One shall be appointed for one year; one, for two years; and one, for three years. If it consists of five members, when it is first appo…

Vacancies in the board of adjustment shall be filled by appointment in the same manner in which the commissioners are appointed in RCW 36.70.080. Appointment shall be for the unexpired portion of the term.[ 1963 c 4 s 36.70.240. Prior: 1959 c 201 s 24.]

Any member of the board of adjustment may be removed by the chair of the board with the approval of the board for inefficiency, neglect of duty or malfeasance in office.[ 2009 c 549 s 4115; 1963 c 4 s 36.70.250. Prior: 1959 c 201 s 25.]

The board of adjustment shall elect a chair and vice chair from among its members. The board of adjustment shall appoint a secretary who need not be a member of the board.[ 2009 c 549 s 4116; 1963 c 4 s 36.70.260. Prior: 1959 c 201 s 26.]

The board of adjustment shall hold not less than one regular meeting in each month of each year: PROVIDED, That if no issues over which the board has jurisdiction are pending upon its calendar, a meeting may be canceled.[ 1963 c 4 s 36.70.270. Prior: 1959 c 201 s 27.]

The board of adjustment shall adopt rules for the transaction of its business and shall keep a public record of its transactions, findings and determinations.[ 1963 c 4 s 36.70.280. Prior: 1959 c 201 s 28.]

The board shall provide the funds, equipment and accommodations necessary for the work of the planning agency. Such appropriations may include funds for joint ventures as set forth in RCW 36.70.180. The expenditures of the planning agency, exclusive of gifts, shall be within the …

The planning agency of a county may accept gifts in behalf of the county to finance any planning work authorized by law.[ 1963 c 4 s 36.70.300. Prior: 1959 c 201 s 30.]

Members of planning agencies shall inform themselves on matter affecting the functions and duties of planning agencies. For that purpose, and when authorized, such members may attend planning conferences, meetings of planning executives or of technical bodies; hearings on plannin…

Any notice made under chapter 36.70 RCW that identifies affected property may identify this affected property without using a legal description of the property including, but not limited to, identification by an address, written description, vicinity sketch, or other reasonable m…

(1) A property owner may make a written request for a statement of restrictions applicable to a single parcel, tract, lot, or block of real property located in an unincorporated portion of a county to the county in which the real property is located.(2) Within thirty days of the …

Each planning agency shall prepare a comprehensive plan for the orderly physical development of the county, or any portion thereof, and may include any land outside its boundaries which, in the judgment of the planning agency, relates to planning for the county. The plan shall be…

The comprehensive plan shall consist of a map or maps, and descriptive text covering objectives, principles and standards used to develop it, and shall include each of the following elements:(1) A land use element which designates the proposed general distribution and general loc…

When the comprehensive plan containing the mandatory subjects as set forth in RCW 36.70.330 shall have been approved by motion by the board and certified, it may thereafter be progressively amplified and augmented in scope by expanding and increasing the general provisions and pr…

A comprehensive plan may include—(1) a conservation element for the conservation, development and utilization of natural resources, including water and its hydraulic force, forests, water sheds, soils, rivers and other waters, harbors, fisheries, wild life, minerals and other nat…

During the formulation of the comprehensive plan, and especially in developing a specialized element of such comprehensive plan, the planning agency may cooperate to the extent it deems necessary with such authorities, departments or agencies as may have jurisdiction over the ter…

Whenever a planning agency has developed a comprehensive plan, or any addition or amendment thereto, covering any land outside of the boundaries of the county as provided in RCW 36.70.320, copies of any features of the comprehensive plan extending into an adjoining jurisdiction s…

Before approving all or any part of the comprehensive plan or any amendment, extension or addition thereto, the commission shall hold at least one public hearing and may hold additional hearings at the discretion of the commission.[ 1963 c 4 s 36.70.380. Prior: 1959 c 201 s 38.]

Notice of the time, place and purpose of any public hearing shall be given by one publication in a newspaper of general circulation in the county and in the official gazette, if any, of the county, at least ten days before the hearing.[ 1963 c 4 s 36.70.390. Prior: 1959 c 201 s 3…

The approval of the comprehensive plan, or of any amendment, extension or addition thereto, shall be by the affirmative vote of not less than a majority of the total members of the commission. Such approval shall be by a recorded motion which shall incorporate the findings of fac…

When changed conditions or further studies by the planning agency indicate a need, the commission may amend, extend or add to all or part of the comprehensive plan in the manner provided herein for approval in the first instance.[ 1963 c 4 s 36.70.410. Prior: 1959 c 201 s 41.]

A copy of a comprehensive plan or any part, amendment, extension of or addition thereto, together with the motion of the planning agency approving the same, shall be transmitted to the board for the purpose of being approved by motion and certified as provided in this chapter.[ 1…

When it deems it to be for the public interest, or when it considers a change in the recommendations of the planning agency to be necessary, the board may initiate consideration of a comprehensive plan, or any element or part thereof, or any change in or addition to such plan or …

After the receipt of the report and recommendations of the planning agency on the matters referred to in RCW 36.70.430, or after the lapse of the prescribed time for the rendering of such report and recommendation by the commission, the board may approve by motion and certify suc…

After a board has approved by motion and certified all or parts of a comprehensive plan for a county or for any part of a county, the planning agency shall use such plan as the basic source of reference and as a guide in reporting upon or recommending any proposed project, public…

After all or part of the comprehensive plan of a county has been approved by motion and certified, the planning agency shall render an annual report to the board on the status of the plan and accomplishments thereunder.[ 1963 c 4 s 36.70.460. Prior: 1959 c 201 s 46.]