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SUBJECTS › GOVERNANCE › SPECIAL PURPOSE DISTRICTS › Formation of Special Purpose Districts Overview
Reviewed 10/08

Formation of Special Purpose Districts Overview

Contents

Overview

The state legislature provides authority and specifies general procedures for the formation of special districts.

  • The majority of special purpose district governments in Washington are formed by a resolution of the legislative authority or by a petition to the county legislative authority.
  • Almost all formations require a formal hearing to determine the need for the district, and in some instances a feasibility study is required, such as diking districts, irrigation districts, and park and recreation service areas.
  • The formation of a district generally requires an election to determine whether the majority of residents or landowners wish to form a district and pay taxes to receive the service. A few districts are formed after a hearing without an election.
  • Some regular levies, all excess levies, and bond levies must to be authorized by voters of the district.
  • Washington Sunrise Act, Ch. 43.133 RCW has provisions to review the impact of legislation to create new special districts.
  • Since "creation of a district" is defined by SEPA regulations (WAC 197-11-704(2)(b)(iv)) as a "nonproject action," the proposed establishment of a district is subject to SEPA review, which, at a minimum, requires a threshold determination under WAC 197-11-310(1).
  • Summary of Special Purpose District Formation and Governance, MRSC

Petition or Resolution - Election Required

The following special districts may be initiated by a petition  of  voters, qualified electors, property owners, etc. or by a resolution of the legislative body, depending on the specific statutory requirements, and require elections:

Petition - No Election Required

The following districts can be formed by petition to the legislative body. The legislative body may form the district without an election:

  • Agricultural pest districts
  • Air pollution control authorities (also by motion)
  • Flood control zones (can also be formed by action of the board)
  • Horticultural pest and disease board
  • Public housing authorities (also by resolution)
  • Public transportation benefit areas
  • River and harbor improvement districts
  • Television reception improvement districts
  • Weed districts, Noxious Weed Control Board (includes inter-county regular weed districts)

Resolution, Ordinance or Motion - No Election Required

The following special districts can be formed by action of the legislative body without an election. These include several districts formed by interlocal agreements:

  • Community renewal areas
  • County rail districts
  • Emergency medical service districts
  • Emergency service communication districts 
  • Ferry districts, passenger-only
  • Intercounty flood control districts
  • Health districts
  • Public facilities districts
  • Public stadium authority
  • Regional library districts
  • Roads and bridges service districts
  • Regional transportation authorities, JTC Transportation Resource Manual
  • Solid waste collection districts
  • Solid waste disposal districts