reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.15 - Flood Control Zone Districts. › 86.15.030 - Districts incorporating watersheds authorized—Formation, hearing and notice.

RCW 86.15.030
Districts incorporating watersheds authorized—Formation, hearing and notice.
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 § 2; 1961 c 153 § 3.]
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.15 - Flood Control Zone Districts. › 86.15.035 - Cooperative watershed management.

RCW 86.15.035
Cooperative watershed management.
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 § 16; 2003 c 327 § 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.
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.15 - Flood Control Zone Districts. › 86.15.055 - Elected supervisors—Compensation.

RCW 86.15.055
Elected supervisors—Compensation.
(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 § 14; 2015 c 165 § 1; 2005 c 127 § 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 § 3.]
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.15 - Flood Control Zone Districts. › 86.15.060 - Administration.

RCW 86.15.060
Administration.
(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 § 476; 2005 c 127 § 1; 1961 c 153 § 6.]
NOTES:
Effective date—2005 c 127: See note following RCW 86.15.055.
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.15 - Flood Control Zone Districts. › 86.15.070 - Advisory committees.

RCW 86.15.070
Advisory committees.
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 § 6; 1961 c 153 § 7.]
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.15 - Flood Control Zone Districts. › 86.15.080 - General powers.

RCW 86.15.080
General powers.
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.
[ 2010 c 46 § 2; 1983 c 315 § 13; 1961 c 153 § 8.]
NOTES:
Severability—1983 c 315: See note following RCW 90.03.500.
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.15 - Flood Control Zone Districts. › 86.15.090 - Extraterritorial powers.

RCW 86.15.090
Extraterritorial powers.
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 § 9.]
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.15 - Flood Control Zone Districts. › 86.15.095 - Zones constitute quasi municipal corporation—Constitutional and statutory powers.

RCW 86.15.095
Zones constitute quasi municipal corporation—Constitutional and statutory powers.
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 § 6.]
NOTES:
Severability—1983 c 315: See note following RCW 90.03.500.
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.15 - Flood Control Zone Districts. › 86.15.100 - Flood control or stormwater control improvements—Authorization.

RCW 86.15.100
Flood control or stormwater control improvements—Authorization.
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 § 14; 1961 c 153 § 10.]
NOTES:
Severability—1983 c 315: See note following RCW 90.03.500.
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.15 - Flood Control Zone Districts. › 86.15.110 - Flood control or stormwater control improvements—Initiation—Comprehensive plan.

RCW 86.15.110
Flood control or stormwater control improvements—Initiation—Comprehensive plan.
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 § 15; 1961 c 153 § 11.]
NOTES:
Severability—1983 c 315: See note following RCW 90.03.500.
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.15 - Flood Control Zone Districts. › 86.15.120 - Flood control or stormwater control improvements—Hearing, notice.

RCW 86.15.120
Flood control or stormwater control improvements—Hearing, notice.
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 § 16; 1961 c 153 § 12.]
NOTES:
Severability—1983 c 315: See note following RCW 90.03.500.
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.15 - Flood Control Zone Districts. › 86.15.130 - Zone treasurer—Funds.

RCW 86.15.130
Zone treasurer—Funds.
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 § 477; 1961 c 153 § 13.]
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.15 - Flood Control Zone Districts. › 86.15.140 - Budget.

RCW 86.15.140
Budget.
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 § 17; 1961 c 153 § 14.]
NOTES:
Severability—1983 c 315: See note following RCW 90.03.500.
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.15 - Flood Control Zone Districts. › 86.15.150 - County aid.

RCW 86.15.150
County aid.
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 § 18; 1961 c 153 § 15.]
NOTES:
Severability—1983 c 315: See note following RCW 90.03.500.
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.15 - Flood Control Zone Districts. › 86.15.162 - Delinquent assessment—Sale of parcel—Accrual of interest.

RCW 86.15.162
Delinquent assessment—Sale of parcel—Accrual of interest.
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 § 7.]
NOTES:
*Reviser's note: RCW 87.03.310 through 87.03.330 were repealed by 1988 c 134 § 15. Later enactment, see chapter 87.06 RCW.
Severability—1983 c 315: See note following RCW 90.03.500.
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.15 - Flood Control Zone Districts. › 86.15.165 - Voluntary assessments for flood control or stormwater control improvements—Procedure—Disposition of proceeds—Use.

RCW 86.15.165
Voluntary assessments for flood control or stormwater control improvements—Procedure—Disposition of proceeds—Use.
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 § 20; 1969 ex.s. c 195 § 3.]
NOTES:
Severability—1983 c 315: See note following RCW 90.03.500.
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.15 - Flood Control Zone Districts. › 86.15.170 - General obligation bonds.

RCW 86.15.170
General obligation bonds.
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 § 62. Prior: 1983 c 315 § 21; 1983 c 167 § 211; 1961 c 153 § 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.
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.15 - Flood Control Zone Districts. › 86.15.175 - Community revitalization financing—Public improvements.

RCW 86.15.175
Community revitalization financing—Public improvements.
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 § 23.]
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.15 - Flood Control Zone Districts. › 86.15.176 - Service charges authorized—Disposition of revenue.

RCW 86.15.176
Service charges authorized—Disposition of revenue.
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 § 61; 1983 c 315 § 22; 1967 ex.s. c 136 § 7.]
NOTES:
Severability—1986 c 278: See note following RCW 36.01.010.
Severability—1983 c 315: See note following RCW 90.03.500.
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.15 - Flood Control Zone Districts. › 86.15.178 - Revenue bonds—Lien for delinquent service charges.

RCW 86.15.178
Revenue bonds—Lien for delinquent service charges.
(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 § 10. Prior: 1983 c 315 § 23; 1983 c 167 § 212; 1967 ex.s. c 136 § 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.
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.15 - Flood Control Zone Districts. › 86.15.180 - Protection of public property.

RCW 86.15.180
Protection of public property.
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 § 18.]
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.15 - Flood Control Zone Districts. › 86.15.190 - Abatement of nuisances.

RCW 86.15.190
Abatement of nuisances.
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 § 24; 1961 c 153 § 19.]
NOTES:
Severability—1983 c 315: See note following RCW 90.03.500.
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.15 - Flood Control Zone Districts. › 86.15.200 - Flood control zones—Consolidation, abolishment.

RCW 86.15.200
Flood control zones—Consolidation, abolishment.
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 § 20.]
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.15 - Flood Control Zone Districts. › 86.15.210 - Transfer of property.

RCW 86.15.210
Transfer of property.
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 § 25; 1961 c 153 § 21.]
NOTES:
Severability—1983 c 315: See note following RCW 90.03.500.
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.15 - Flood Control Zone Districts. › 86.15.220 - Planning of improvements.

RCW 86.15.220
Planning of improvements.
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 § 22.]
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.15 - Flood Control Zone Districts. › 86.15.230 - Public necessity of chapter.

RCW 86.15.230
Public necessity of chapter.
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 § 23.]
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.15 - Flood Control Zone Districts. › 86.15.900 - Severability—Construction—1961 c 153.

RCW 86.15.900
Severability—Construction—1961 c 153.
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 § 24.]
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.15 - Flood Control Zone Districts. › 86.15.910 - Construction of chapter.

RCW 86.15.910
Construction of chapter.
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 § 25.]
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.16 - Floodplain Management. › 86.16.010 - Statement of policy—State control assumed.

RCW 86.16.010
Statement of policy—State control assumed.
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 § 1; 1935 c 159 § 1; RRS § 9663A-1.]
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.16 - Floodplain Management. › 86.16.020 - Floodplain management regulation.

RCW 86.16.020
Floodplain management regulation.
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 § 1; 1987 c 523 § 2; 1935 c 159 § 3; RRS § 9663A-3. FORMER PART OF SECTION: 1939 c 85 § 1 now codified as RCW 86.16.025 and 86.16.027.]
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.16 - Floodplain Management. › 86.16.025 - Authority of department.

RCW 86.16.025
Authority of department.
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 § 4; 1989 c 64 § 2; 1987 c 109 § 50; 1939 c 85 § 1; 1935 c 159 § 6; RRS § 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.
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.16 - Floodplain Management. › 86.16.031 - Duties of the department of ecology.

RCW 86.16.031
Duties of the department of ecology.
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 § 3; 1987 c 523 § 3.]
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.16 - Floodplain Management. › 86.16.035 - Department of ecology—Control of dams and obstructions.

RCW 86.16.035
Department of ecology—Control of dams and obstructions.
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 § 478; 1995 c 8 § 5. Prior: 1987 c 523 § 9; 1987 c 109 § 53; 1935 c 159 § 8; RRS § 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.
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.16 - Floodplain Management. › 86.16.045 - Adoption of ordinances or requirements that exceed minimum federal requirements.

RCW 86.16.045
Adoption of ordinances or requirements that exceed minimum federal requirements.
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 § 6.]
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.16 - Floodplain Management. › 86.16.051 - Basis for state and local floodplain management.

RCW 86.16.051
Basis for state and local floodplain management.
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 § 5.]
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.16 - Floodplain Management. › 86.16.061 - Adoption of rules.

RCW 86.16.061
Adoption of rules.
The department of ecology after consultation with the public shall adopt such rules as are necessary to implement this chapter.
[ 1989 c 64 § 5; 1987 c 523 § 6.]
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.16 - Floodplain Management. › 86.16.071 - Chapter not to create liability for damages against the state.

RCW 86.16.071
Chapter not to create liability for damages against the state.
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 § 7.]
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.16 - Floodplain Management. › 86.16.081 - Enforcement of chapter—Civil penalty—Review by pollution control hearings board or local legislative authority.

RCW 86.16.081
Enforcement of chapter—Civil penalty—Review by pollution control hearings board or local legislative authority.
(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 one thousand dollars for each violation. Each violation or each day of noncompliance shall constitute a separate violation.
(3) The penalty provided for in this section shall be imposed by a notice in writing, either by certified mail with return receipt requested or by personal service, to the person incurring the same from the department or local government, describing the violation with reasonable particularity and ordering the act or acts constituting the violation or violations to cease and desist or, in appropriate cases, requiring 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. 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.
[ 1995 c 403 § 634; 1987 c 523 § 8.]
NOTES:
Findings—Short title—Intent—1995 c 403: See note following RCW 34.05.328.
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.16 - Floodplain Management. › 86.16.110 - Appeals.

RCW 86.16.110
Appeals.
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 § 11. Prior: (Repealed by 1987 c 523 § 12); 1987 c 109 § 23; 1935 c 159 § 17; RRS § 9663A-17.]
NOTES:
Reviser's note: This section was repealed by 1987 c 523 § 12 without cognizance of its amendment by 1987 c 109 § 23, and was subsequently reenacted by 1991 c 322 § 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.
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.16 - Floodplain Management. › 86.16.120 - Flood damages defined.

RCW 86.16.120
Flood damages defined.
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 § 2; RRS § 9663A-2.]
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.16 - Floodplain Management. › 86.16.160 - Local programs not prevented.

RCW 86.16.160
Local programs not prevented.
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 § 2.]
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.16 - Floodplain Management. › 86.16.180 - Processing of permits and authorizations for emergency water withdrawal and facilities to be expedited.

RCW 86.16.180
Processing of permits and authorizations for emergency water withdrawal and facilities to be expedited.
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 § 9; 1987 c 343 § 7.]
NOTES:
Severability—1989 c 171: See note following RCW 43.83B.400.
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.16 - Floodplain Management. › 86.16.190 - Livestock flood sanctuary areas.

RCW 86.16.190
Livestock flood sanctuary areas.
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 § 17.]
NOTES:
Findings—Intent—1991 c 322: See note following RCW 86.12.200.
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.16 - Floodplain Management. › 86.16.900 - Chapter liberally construed.

RCW 86.16.900
Chapter liberally construed.
The provisions of this chapter and all proceedings thereunder shall be liberally construed with a view to effect their object.
[ 1935 c 159 § 19; RRS § 9663A-19.]
2023 Revised Code of Washington › Title 86 - Flood Control › Chapter 86.18 - Flood Control Contributions. › 86.18.010 - Declaration of purpose.

RCW 86.18.010
Declaration of purpose.
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 § 1.]