Chapter 36.89 RCW

HIGHWAYSOPEN SPACESPARKSOTHER PUBLIC FACILITIESSTORMWATER CONTROL

Sections

36.89.010Definitions.
36.89.020Purpose.
36.89.030Authority to establish, acquire, develop, construct, and improve highways, open spaces, parks, etc.
36.89.040Issuance of general obligation bondsProposition submitted to voters.
36.89.042Issuance of general obligation bondsPayment from revenueAdditional method.
36.89.050Participation by other governmental agencies.
36.89.060Powers and authority are supplemental.
36.89.062Power and authority of counties are supplemental.
36.89.065Lien for delinquent charges.
36.89.080Stormwater control facilitiesRates and chargesLimitationsUse.
36.89.085Stormwater control facilitiesPublic property subject to rates and charges.
36.89.092Stormwater control facilitiesAlternative interest rate on delinquent charges.
36.89.093Stormwater control facilitiesAlternative procedures for lien on delinquent charges.
36.89.094Stormwater control facilitiesAlternative foreclosure procedures on lien on delinquent charges.
36.89.100Stormwater control facilitiesRevenue bonds.
36.89.110Stormwater control facilitiesUtility local improvement districtsAssessments.
36.89.120Stormwater control facilitiesAnnexation, incorporation of area by city or townImposition of rates and charges by county.
36.89.130Cooperative watershed management.
36.89.900Effective date1967 c 109.

NOTES:

Assessments and charges against state lands: Chapter 79.44 RCW.


Definitions.

The words "governmental agency" as used in this chapter mean the United States of America, the state or any agency, subdivision, taxing district or municipal or quasi municipal corporation thereof.
The word "highways" as used in this chapter means all public roads, streets, expressways, parkways, scenic drives, bridges and other public ways, including without limitation, traffic control facilities, special lanes, turnouts or structures in, upon, over or under such public ways for exclusive or nonexclusive use by public transit vehicles, and landscaping, visual and sound buffers between such public ways and adjacent properties.
The words "open space, park, recreation and community facilities" as used in this chapter mean any public facility, improvement, development, property or right or interest therein for public park, recreational, green belt, arboretum, multi-purpose community center (as defined in RCW 35.59.010), museum, zoo, aquarium, auditorium, exhibition, athletic, historic, scenic, viewpoint, aesthetic, ornamental or natural resource preservation purposes.
The words "public health and safety facilities" as used in this chapter mean any public facility, improvement, development, property or right or interest therein, made, constructed or acquired for the purpose of protecting life from disease or injury, enforcing the criminal and civil laws or protecting property from damage caused by breach of law, including but not limited to public hospitals, health laboratories, public health clinics or service centers, custodial, correction or rehabilitation facilities, courtrooms, crime laboratories, law enforcement equipment and facilities, training facilities for specialized personnel, facilities for the collection, storage, retrieval or communication of information, and mobile, support or administrative facilities, all as necessary for the foregoing purpose, or any combination of the facilities herein described.
The words "stormwater control facilities" as used in this chapter mean any facility, improvement, development, property or interest therein, made, constructed or acquired for the purpose of controlling, or protecting life or property from, any storm, waste, flood or surplus waters wherever located within the county, and shall include but not be limited to the improvements and authority described in RCW 86.12.020 and chapters 86.13 and 86.15 RCW.
The word "county" as used in this chapter shall mean any county of the state of Washington.



Purpose.

The legislature finds that the open spaces, park, recreation and community facilities, public health and safety facilities, stormwater control facilities and highways within any county of this state, whether located partly or wholly within or without the cities and towns of such county are of general benefit to all of the residents of such county. The open spaces, park, recreation and community facilities within such county provide public recreation, aesthetic, conservation and educational opportunities and other services and benefits accessible to all of the residents of such county. The public health and safety facilities within such county provide protection to life and property throughout the county, are functionally inter-related and affect the health, safety and welfare of all the residents of such county. The stormwater control facilities within such county provide protection from stormwater damage for life and property throughout the county, generally require planning and development over the entire drainage basins, and affect the prosperity, interests and welfare of all the residents of such county. The highways within such county, whether under the general control of the county or the state or within the limits of any incorporated city or town, provide an inter-connected system for the convenient and efficient movement of people and goods within such county. The use of general county funds for the purpose of acquisition, development, construction, or improvement of open space, park, recreation and community facilities, public health and safety facilities, stormwater control facilities, or highways or to participate with any governmental agency to perform such purposes within such county pursuant to this chapter is hereby declared to be a strictly county purpose.



Authority to establish, acquire, develop, construct, and improve highways, open spaces, parks, etc.

Counties are authorized to establish, acquire, develop, construct, and improve open space, park, recreation, and community facilities, public health and safety facilities, stormwater control facilities, and highways or any of them pursuant to the provisions of this chapter within and without the cities and towns of the county and for such purposes have the power to acquire lands, buildings and other facilities by gift, grant, purchase, condemnation, lease, devise, and bequest, to construct, improve, or maintain buildings, structures, and facilities necessary for such purposes, and to use and develop for such purposes the air rights over and the subsurface rights under any highway. The approval of the state department of transportation shall be first secured for such use and development of any state highway. For visual or sound buffer purposes the county shall not acquire by condemnation less than an owner's entire interest or right in the particular real property to be so acquired if the owner objects to the taking of a lesser interest or right.

NOTES:

Acquisition of interests in land for conservation, protection, preservation, or open space purposes by counties: RCW 64.04.130.
Flood control, county powers: RCW 86.12.020.



Issuance of general obligation bondsProposition submitted to voters.

To carry out the purposes of this chapter counties shall have the power to issue general obligation bonds within the limitations now or hereafter prescribed by the Constitution and laws of this state. Such general obligation bonds shall be issued and sold as provided in chapter 39.46 RCW.
The question of issuance of bonds for any undertaking which relates to a number of different highways or parts thereof, whether situated wholly or partly within the limits of any city or town within the county, and whether such bonds are intended to supply the whole expenditure or to participate therein, may be submitted to the voters of the county as a single proposition. If the county legislative authority in submitting a proposition relating to different highways or parts thereof declare that such proposition has for its object the furtherance and accomplishment of the construction of a system of connected public highways within such county and constitutes a single purpose, such declaration shall be presumed to be correct and upon the issuance of the bonds the presumption shall become conclusive.
The question of the issuance of bonds for any undertaking which relates to a number of different open spaces, park, recreation and community facilities, whether situated wholly or partly within the limits of any city or town within the county, and whether such bonds are intended to supply the whole expenditure or to participate therein may be submitted to the voters as a single proposition. If the county legislative authority in submitting a proposition relating to different open spaces, park, recreation and community facilities declare that such proposition has for its object the furtherance, accomplishment or preservation of an open space, park, recreation and community facilities system available to, and for the benefit of, all the residents of such county and constitutes a single purpose, such declaration shall be presumed to be correct and upon the issuance of the bonds the presumption shall become conclusive.
The question of the issuance of bonds for any undertaking which relates to a number of different public health and safety facilities, whether situated wholly or partly within the limits of any city or town within the county, and whether such bonds are intended to supply the whole expenditure or to participate therein may be submitted to the voters as a single proposition. If the county legislative authority in submitting a proposition relating to different public health and safety facilities declare that such proposition has for its object the furtherance or accomplishment of a system of public health and safety facilities for the benefit of all the residents of such county and constitutes a single purpose, such declaration shall be presumed to be correct and upon the issuance of the bonds the presumption shall become conclusive.
The question of the issuance of bonds for any undertaking which relates to a number of different stormwater control facilities, whether situated wholly or partly within the limits of any city or town within the county, and whether such bonds are intended to supply the whole expenditure or to participate therein may be submitted to the voters as a single proposition. If the county legislative authority in submitting a proposition relating to different stormwater control facilities declares that such proposition has for its object the furtherance, accomplishment or preservation of a stormwater control facilities system for the benefit of all the residents of such county and constitutes a single purpose, such declaration shall be presumed to be correct and upon the issuance of the bonds the presumption shall become conclusive.
Elections shall be held as provided in RCW 39.36.050.

NOTES:

Purpose1984 c 186: See note following RCW 39.46.110.
Liberal constructionSeverability1983 c 167: See RCW 39.46.010 and note following.



Issuance of general obligation bondsPayment from revenueAdditional method.

In issuing general obligation bonds at any time after February 20, 1970 for the purpose of providing all or part of the cost and expense of planning and design, establishing, acquiring, developing, constructing or improving the county capital purposes authorized by this chapter and RCW 86.12.020, the board of county commissioners may provide that such bonds also be made payable from any otherwise unpledged revenue which may be derived from the ownership or operation of any such properties or facilities.



Participation by other governmental agencies.

A county may finance, acquire, construct, develop, improve, maintain and operate any open space, park, recreation and community facilities, public health and safety facilities, stormwater control facilities and highways authorized by this chapter either solely or in conjunction with one or more governmental agencies. Any governmental agency is authorized to participate in such financing, acquisition, construction, development, improvement, use, maintenance and operation and to convey, dedicate or lease any lands, properties or facilities to any county for the purposes provided in this chapter and RCW 86.12.020, on such terms as may be fixed by agreement between the respective governing commissions or legislative bodies without submitting the matter to a vote of the electors unless the provisions of general law applicable to the incurring of public indebtedness shall require such submission.
No county shall proceed under the authority of this chapter to construct or improve any stormwater control facility or highway or part thereof lying within the limits of a city or town except with the prior consent of such city or town. By agreement between their respective legislative bodies, cities, towns and counties may provide that upon completion of any stormwater control facility or highway or portion thereof constructed pursuant to this chapter within any city or town, the city or town shall accept the same for maintenance and operation and that such stormwater control facility or highway or portion thereof shall thereupon become a part of the respective stormwater control facility or highway system of the city or town.
A county may transfer to any other governmental agency the ownership, operation and maintenance of any open space, park, recreation and community facility acquired by the county pursuant to this chapter, which lies wholly or partly within such governmental agency, pursuant to an agreement entered into between the legislative bodies of the county and such governmental agency: PROVIDED, That such transfer shall be subject to the condition that either such facility shall continue to be used for the same purposes or that other equivalent facilities within the county shall be conveyed to the county in exchange therefor.



Powers and authority are supplemental.

The powers and authority conferred upon governmental agencies under the provisions of this chapter, shall be construed as in addition and supplemental to powers or authority conferred by any other law, and nothing contained herein shall be construed as limiting any other powers or authority of such governmental agencies.



Power and authority of counties are supplemental.

The power and authority conferred upon counties by this chapter and RCW 86.12.020 shall be in addition and supplemental to those already granted and shall not limit any other powers or authority of such counties.



Lien for delinquent charges.

The county shall have a lien for delinquent charges, including interest, penalties, and costs of foreclosure thereon, against any property against which they were levied for the purposes authorized by this chapter, which lien shall be superior to all other liens and encumbrances except general taxes and local and special assessments. Such lien shall be effective upon the charges becoming delinquent 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. However, a county may, by resolution or ordinance, adopt all or any part of the alternative interest rate, lien, and foreclosure procedures as set forth in RCW 36.89.092 through 36.89.094 or 36.94.150, or chapters 84.56, 84.60, and 84.64 RCW.



Stormwater control facilitiesRates and chargesLimitationsUse.

*** CHANGE IN 2021 *** (SEE 5034-S.SL) ***
(1) Subject to subsections (2) and (3) of this section, any county legislative authority may provide by resolution for revenues by fixing rates and charges for the furnishing of service to those served or receiving benefits or to be served or to receive benefits from any stormwater control facility or contributing to an increase of surface water runoff. In fixing rates and charges, the county legislative authority may in its discretion consider:
(a) Services furnished or to be furnished;
(b) Benefits received or to be received;
(c) The character and use of land or its water runoff characteristics;
(d) The nonprofit public benefit status, as defined in RCW 24.03.490, of the land user;
(e) Income level of persons served or provided benefits under this chapter, including senior citizens and disabled persons; or
(f) Any other matters which present a reasonable difference as a ground for distinction.
(2) The rate a county may charge under this section for stormwater control facilities 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.
(3) Rates and charges authorized under this section may not be imposed on lands taxed as forestland under chapter 84.33 RCW or as timberland under chapter 84.34 RCW.
(4) The service charges and rates collected shall be deposited in a special fund or funds in the county treasury to be used only for the purpose of paying all or any part of the cost and expense of maintaining and operating stormwater control facilities, all or any part of the cost and expense of planning, designing, establishing, acquiring, developing, constructing and improving any of such facilities, or to pay or secure the payment of all or any portion of any issue of general obligation or revenue bonds issued for such purpose.

NOTES:

Sewerage, water, and drainage systems: Chapter 36.94 RCW.



Stormwater control facilitiesPublic property subject to rates and charges.

Except as otherwise provided in RCW 90.03.525, any public entity and public property, including the state of Washington and state property, shall be subject to rates and charges for stormwater control facilities to the same extent private persons and private property are subject to such rates and charges that are imposed by counties pursuant to RCW 36.89.080. In setting these rates and charges, consideration may be made of in-kind services, such as stream improvements or donation of property.

NOTES:

Severability1986 c 278: See note following RCW 36.01.010.
Severability1983 c 315: See note following RCW 90.03.500.
Flood control zone districtsStormwater control improvements: Chapter 86.15 RCW.
Rates and charges for stormwater control facilitiesLimitationsDefinitions: RCW 90.03.500 through 90.03.525. See also RCW 35.67.025, 35.92.021, and 36.94.145.



Stormwater control facilitiesAlternative interest rate on delinquent charges.

Any county may provide, by resolution or ordinance, that delinquent stormwater service charges bear interest at a rate of twelve percent per annum, computed on a monthly basis, in lieu of the interest rate provided for in RCW 35.67.200.



Stormwater control facilitiesAlternative procedures for lien on delinquent charges.

Any county may, by resolution or ordinance, provide that the stormwater service charge lien shall be effective for a total not to exceed one year's delinquent service charges without the necessity of any writing or recording of the lien with the county auditor, in lieu of the provisions provided for in RCW 35.67.210.



Stormwater control facilitiesAlternative foreclosure procedures on lien on delinquent charges.

Any county may, by resolution or ordinance, provide that an action to foreclose a stormwater service charge lien may be commenced after three years from the date stormwater service charges become delinquent, in lieu of the provisions provided for in RCW 35.67.230.



Stormwater control facilitiesRevenue bonds.

(1) Any county legislative authority may authorize the issuance of revenue bonds to finance any stormwater control facility. Such bonds may be issued by the county legislative authority in the same manner as prescribed in RCW 36.67.510 through 36.67.570. Such bonds may be in any form, including bearer bonds or registered bonds as provided in RCW 39.46.030.
Each revenue bond shall state on its face that it is payable from a special fund, naming such 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 or funds. Revenue bonds shall be payable from the revenues of the stormwater control facility being financed by the bonds, a system of these facilities and, if so provided, from special assessments, installments thereof, and interest and penalties thereon, levied in one or more utility local improvement districts authorized by *this 1981 act.
(2) Notwithstanding subsection (1) of this section, such bonds may be issued and sold in accordance with chapter 39.46 RCW.

NOTES:

*Reviser's note: For codification of "this 1981 act" [1981 c 313], see Codification Tables.
Liberal constructionSeverability1983 c 167: See RCW 39.46.010 and note following.
Severability1981 c 313: See note following RCW 36.94.020.



Stormwater control facilitiesUtility local improvement districtsAssessments.

A county may create utility local improvement districts for the purpose of levying and collecting special assessments on property specially benefited by one or more stormwater control facilities. The provisions of RCW 36.94.220 through 36.94.300 concerning the formation of utility local improvement districts and the fixing, levying, collecting and enforcing of special assessments apply to utility local improvement districts authorized by this section.

NOTES:

Severability1981 c 313: See note following RCW 36.94.020.



Stormwater control facilitiesAnnexation, incorporation of area by city or townImposition of rates and charges by county.

Whenever a city or town annexes an area, or a city or town incorporates an area, and the county has issued revenue bonds or general obligation bonds to finance stormwater control facilities that are payable in whole or in part from rates or charges imposed in the area, the county shall continue imposing all portions of the rates or charges that are allocated to payment of the debt service on bonds in that area after the effective date of the annexation or official date of the incorporation until: (1) The debt is retired; (2) any debt that is issued to refinance the underlying debt is retired; or (3) the city or town reimburses the county amount that is sufficient to retire that portion of the debt borne by the annexed or incorporated area. The county shall construct all facilities included in the stormwater plan intended to be financed by the proceeds of such bonds. If the county provides stormwater management services to the city or town by contract, the contract shall consider the value of payments made by property owners to the county for the payment of debt service.
The provisions of this section apply whether or not the bonds finance facilities that are geographically located within the area that is annexed or incorporated.



Cooperative watershed management.

In addition to the authority provided in RCW 36.89.030, a county may, as part of maintaining a system of stormwater control facilities, participate in and expend revenue on cooperative watershed management actions, including watershed management partnerships under RCW 39.34.210 and other intergovernmental agreements, for purposes of water supply, water quality, and water resource and habitat protection and management.

NOTES:

FindingIntent2003 c 327: See note following RCW 39.34.190.



Effective date1967 c 109.

This chapter shall take effect on June 9, 1967.