Title 36 — Title 36 COUNTIES

The legislature finds that in metropolitan areas of this state, experiencing heavy population growth, increased problems arise from rapid proliferation of municipalities and haphazard extension of and competition to extend municipal boundaries. These problems affect adversely the…

As used herein:(1) "Governmental unit" means any incorporated city or town, metropolitan municipal corporation, or any special purpose district as defined in this section.(2) "Special purpose district" means any water-sewer district, fire protection district, drainage improvement…

(1) There is hereby created and established in each county with a population of two hundred ten thousand or more a board to be known and designated as a "boundary review board".(2) A boundary review board may be created and established in any other county in the following manner:…

For the purposes of this chapter, each county with a population of less than two hundred ten thousand shall be deemed to have established a boundary review board on and after the date a proposition for establishing the same has been approved at an election as provided for in RCW …

The boundary review board in each county with a population of one million or more shall consist of eleven members chosen as follows:(1) Four persons shall be appointed by the county appointing authority;(2) Four persons shall be appointed by the mayors of the cities and towns loc…

The boundary review board in each county with a population of less than one million shall consist of five members chosen as follows:(1) Two persons shall be appointed by the governor;(2) One person shall be appointed by the county appointing authority;(3) One person shall be appo…

The executive of the county shall make the appointments under RCW 36.93.051 and 36.93.061 for the county, if one exists, or otherwise the county legislative authority shall make the appointments for the county.The mayors of all cities and towns in the county shall meet on or befo…

Whenever appointments under RCW 36.93.051 through * 36.93.065 have not been made by the appointing authority, the size of the board shall be considered to be reduced by one member for each position that remains vacant or unappointed.[ 1989 c 84 s 21.]Notes:*Reviser's note: RCW 36…

The members of each boundary review board shall elect from its members a chair, vice chair, and shall 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 and shall provide by resolution for the …

Expenditures by the board shall be subject to the provisions of chapter 36.40 RCW and other statutes relating to expenditures by counties. The department of commerce shall on a quarterly basis remit to each county one-half of the actual costs incurred by the county for the operat…

Whenever any of the following described actions are proposed in a county in which a board has been established, the initiators of the action shall file within one hundred eighty days a notice of intention with the board: PROVIDED, That when the initiator is the legislative body o…

Whenever a water-sewer district files with the board a notice of intention as required by RCW 36.93.090, the board shall send a copy of such notice of intention to the legislative authority of the county wherein such action is proposed to be taken and one copy to the state depart…

The board shall review and approve, disapprove, or modify any of the actions set forth in RCW 36.93.090 when any of the following shall occur within 45 days of the effective filing date of a notice of intention:(1) Three members of a five-member boundary review board or five memb…

The following actions shall not be subject to potential review by a boundary review board:(1) Annexations of territory to a water-sewer district pursuant to RCW 36.94.410 through 36.94.440;(2) Revisions of city or town boundaries pursuant to RCW 35.21.790 or 35A.21.210;(3) Adjust…

Where an area proposed for annexation is less than ten acres and less than two million dollars in assessed valuation, the chair of the review board may by written statement declare that review by the board is not necessary for the protection of the interest of the various parties…

A boundary review board may simultaneously consider the proposed incorporation of a city or town, and the proposed annexation of a portion of the territory included in the proposed incorporation, if the resolution or petition initiating the annexation is adopted or filed ninety o…

A fee of fifty dollars shall be paid by all initiators and in addition if the jurisdiction of the review board is invoked pursuant to RCW 36.93.100, the person or entity seeking review, except for the boundary review board itself, shall pay to the county treasurer and place in th…

The notice of intention shall contain the following information:(1) The nature of the action sought;(2) A brief statement of the reasons for the proposed action;(3) The legal description of the boundaries proposed to be created, abolished or changed by such action: PROVIDED, That…

Actions described in RCW 36.93.090 which are pending July 1, 1967, or actions in counties with populations of less than two hundred ten thousand which are pending on the date of the creation of a boundary review board therein, shall not be affected by the provisions of this chapt…

The board, upon review of any proposed action, shall take such of the following actions as it deems necessary to best carry out the intent of this chapter:(1) Approve the proposal as submitted.(2) Subject to RCW 35.02.170, modify the proposal by adjusting boundaries to add or del…

The proposed incorporation of any city or town that includes territory located in a county in which a boundary review board exists shall be reviewed by the boundary review board and action taken as described under RCW 36.93.150.[ 1994 c 216 s 10.]Notes:Effective date—1994 c 216: …

Boundary review board approval, or modification and approval, of a proposed annexation by a city, town, or special purpose district shall authorize annexation as approved and shall not authorize any other annexation action.[ 1989 c 84 s 16.]

The decisions of a boundary review board located in a county that is required or chooses to plan under RCW 36.70A.040 must be consistent with RCW 36.70A.020, 36.70A.110, and 36.70A.210.[ 1992 c 162 s 2.]

(1) When the jurisdiction of the boundary review board has been invoked, the board shall set the date, time and place for a public hearing on the proposal. The board shall give at least thirty days' advance written notice of the date, time and place of the hearing to the governin…

In reaching a decision on a proposal or an alternative, the board shall consider the factors affecting such proposal, which shall include, but not be limited to the following:(1) Population and territory; population density; land area and land uses; comprehensive plans and zoning…

The decisions of the boundary review board shall attempt to achieve the following objectives:(1) Preservation of natural neighborhoods and communities;(2) Use of physical boundaries, including but not limited to bodies of water, highways, and land contours;(3) Creation and preser…

The proposal by a water-sewer district to annex territory that is not adjacent to the district shall not be deemed to be violative of the objectives of a boundary review board solely due to the fact that the territory is not adjacent to the water-sewer district. The proposed cons…

For a period of ten years from the date of the final decision, no proceeding, approval, action, or decision on a proposal or an alternative shall be deemed to cancel any franchise or permit theretofore granted by the authorities governing the territory to be annexed, nor shall it…

Each review board shall adopt rules governing the formal and informal procedures prescribed or authorized by this chapter. Such rules may state the qualifications of persons for practice before the board. Such rules shall also include rules of practice before the board, together …

Each board shall file forthwith with the clerk of the court a certified copy of all rules and regulations adopted. The clerk shall keep a permanent register of such rules open to public inspection.[ 1967 c 189 s 21.]

Whenever a review board has been created pursuant to the terms of this chapter, the provisions of law relating to city annexation review boards set forth in chapter 35.13 RCW and the powers granted to the boards of county commissioners to alter boundaries of proposed annexations …

When a county and the cities and towns within the county have adopted a comprehensive plan and consistent development regulations pursuant to the provisions of chapter 36.70A RCW, the county may, at the discretion of the county legislative authority, disband the boundary review b…

(1) The effective filing date for a notice of intention is established by the earlier of the date that the chief clerk of the boundary review board determines that the notice of intention is sufficient or the date that the notice of intention is deemed sufficient pursuant to subs…

This chapter does not apply to the merger of irrigation districts authorized under RCW 87.03.530(2) and 87.03.845 through 87.03.855 or to the merger of a drainage improvement district, joint drainage improvement district, or consolidated drainage improvement district into an irri…

The effective date of this chapter is July 1, 1967.[ 1967 c 189 s 24.]