Formation of Special Purpose Districts Overview

Contents

• Overview
• Petition or Resolution - Election Required
• Petition - No Election Required
• Resolution, Ordinance or Motion - No Election Required

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 or by a resolution of the legislative body and require elections:

• Airport districts
• Cemetery districts
• Conservation districts, Conservation Commission
• Cultural arts, stadium, and convention districts
• Diking and drainage districts
• Fire protection districts
• Flood control districts
• Irrigation and reclamation districts
• Library capital facility areas
• Library districts (except regional library)
• Metropolitan park districts, MRSC
• Mosquito control districts, MRSC
• Park and recreation districts, MRSC
• Park and recreation service areas, MRSC
• Port districts, WPPA
• Public hospital districts, AWPHD
• Public utility districts, Washington PUD Association
• Regional transportation investment districts (method of formation different, but requires election), JTC Transportation Resource Manual
• Shellfish protection districts/"clean water districts"
• City transportation authority (Seattle monorail), JTC Transportation Resource Manual
• Water-sewer districts

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