Selected Attorney General Opinions - Subdivisions
The Growth Management Act (GMA) does not obligate a county to require the replatting or resubdivision of lands in the county that are outside any urban growth area and that were platted before 1937, but it allows local flexibility in applying GMA standards to such lands.
The requirements of chapter 58.17 RCW, enacted in 1969 and relating to platting and subdivisions, apply to land platted before 1937 under chapter 58.08 RCW or its predecessor statutes.
- Cities and towns may accept plats and subdivisions filed pursuant to the 1937 platting act (chapter 58.16 RCW, repealed in 1969), but are not obligated to do so.
- AGO 1987 No. 8
King County is not required to allow an appeal to the county council of an administrative decision by the hearing examiner denying a short plat application.
- AGO 1986 No. 6
The dividing of a lot in a previously approved subdivision into two halves with the intent that one-half be sold and attached to an adjoining parcel outside the subdivision does not create a boundary line adjustment. Rather, it is the creation of a short subdivision under RCW 58.17.020(6).
- AGO 1983 No. 31
Because of the necessity for a legally sufficient description in connection with an offer to sell or the sale of real property, an offer to sell a portion of a larger tract of land, or the execution of a purchase and sale agreement covering such a tract of land, constitutes a "division" of the land under the definition of a "short subdivision" contained in RCW 58.17.020(6) or (7) so as to render applicable the various provisions of chapter 58.17 RCW relating to short plats and short subdivisions.
- AGLO 1980 No. 31
- A county auditor is legally authorized to reject records of survey that do not meet the requirements set forth in chapter 332-130 WAC, chapter 58.09 RCW and chapter 58.17 RCW.
- A county auditor is required by RCW 58.17.190--prior to approval by the appropriate local legislative body--to refuse to accept for recordation any maps or representations which in fact constitute a "plat" of a "subdivision" required to be filed under chapter 58.17 RCW, and which otherwise contain a survey of such a subdivision.
- The duties imposed by RCW 58.17.160 on a county engineer involve the performance of the governmental function of approval of data to enable the appropriate legislative body to pass on a proffered plat or replat - and not the conduct of such survey activities as are involved in the platting; accordingly, in carrying out such review functions and granting approval, the county engineer is not engaging in the practice of land surveying.
- AGO 1980 No. 5
Where, within an existing subdivision established pursuant to either chapter 58.16 [now repealed] or chapter 58.17 RCW, the owner of an individual lot proposes to divide that lot into four or fewer smaller lots for the purpose of sale or lease, such action will not constitute the establishment of a "short subdivision" as defined in RCW 58.17.020(6); instead, such action will constitute a "resubdivision" and thus be subject to the general provisions of chapter 58.17 RCW relating to subdivisions.
- AGO 1975 No. 12
RCW 58.08.040
does not require the payment of a deposit for anticipated property taxes upon the filing, pursuant to regulations adopted under RCW 58.17.060, of a short plat subsequent to May 31 in any year and prior to the date of collection of the taxes. - AGLO 1974 No. 7
The provisions of chapter 58.17 RCW are applicable to the sale of undeveloped lots in an area previously platted under chapter 58.08 RCW.
- AGO 1971 No. 9
The notice requirements of RCW 58.17.080 relating to the filing of a preliminary plat of a proposed subdivision adjacent to or within one mile of the municipal boundaries of a city do apply to a proposed subdivision that is located totally within a certain city but is also located within one mile of the municipal boundaries of some one or more other cities.
Selected Attorney General Opinions - Subdivisions
The Growth Management Act (GMA) does not obligate a county to require the replatting or resubdivision of lands in the county that are outside any urban growth area and that were platted before 1937, but it allows local flexibility in applying GMA standards to such lands.
The requirements of chapter 58.17 RCW, enacted in 1969 and relating to platting and subdivisions, apply to land platted before 1937 under chapter 58.08 RCW or its predecessor statutes.
- Cities and towns may accept plats and subdivisions filed pursuant to the 1937 platting act (chapter 58.16 RCW, repealed in 1969), but are not obligated to do so.
- AGO 1987 No. 8
King County is not required to allow an appeal to the county council of an administrative decision by the hearing examiner denying a short plat application.
- AGO 1986 No. 6
The dividing of a lot in a previously approved subdivision into two halves with the intent that one-half be sold and attached to an adjoining parcel outside the subdivision does not create a boundary line adjustment. Rather, it is the creation of a short subdivision under RCW 58.17.020(6).
- AGO 1983 No. 31
Because of the necessity for a legally sufficient description in connection with an offer to sell or the sale of real property, an offer to sell a portion of a larger tract of land, or the execution of a purchase and sale agreement covering such a tract of land, constitutes a "division" of the land under the definition of a "short subdivision" contained in RCW 58.17.020(6) or (7) so as to render applicable the various provisions of chapter 58.17 RCW relating to short plats and short subdivisions.
- AGLO 1980 No. 31
- A county auditor is legally authorized to reject records of survey that do not meet the requirements set forth in chapter 332-130 WAC, chapter 58.09 RCW and chapter 58.17 RCW.
- A county auditor is required by RCW 58.17.190--prior to approval by the appropriate local legislative body--to refuse to accept for recordation any maps or representations which in fact constitute a "plat" of a "subdivision" required to be filed under chapter 58.17 RCW, and which otherwise contain a survey of such a subdivision.
- The duties imposed by RCW 58.17.160 on a county engineer involve the performance of the governmental function of approval of data to enable the appropriate legislative body to pass on a proffered plat or replat - and not the conduct of such survey activities as are involved in the platting; accordingly, in carrying out such review functions and granting approval, the county engineer is not engaging in the practice of land surveying.
- AGO 1980 No. 5
Where, within an existing subdivision established pursuant to either chapter 58.16 [now repealed] or chapter 58.17 RCW, the owner of an individual lot proposes to divide that lot into four or fewer smaller lots for the purpose of sale or lease, such action will not constitute the establishment of a "short subdivision" as defined in RCW 58.17.020(6); instead, such action will constitute a "resubdivision" and thus be subject to the general provisions of chapter 58.17 RCW relating to subdivisions.
- AGO 1975 No. 12
RCW 58.08.040
does not require the payment of a deposit for anticipated property taxes upon the filing, pursuant to regulations adopted under RCW 58.17.060, of a short plat subsequent to May 31 in any year and prior to the date of collection of the taxes. - AGLO 1974 No. 7
The provisions of chapter 58.17 RCW are applicable to the sale of undeveloped lots in an area previously platted under chapter 58.08 RCW.
- AGO 1971 No. 9
The notice requirements of RCW 58.17.080 relating to the filing of a preliminary plat of a proposed subdivision adjacent to or within one mile of the municipal boundaries of a city do apply to a proposed subdivision that is located totally within a certain city but is also located within one mile of the municipal boundaries of some one or more other cities.
Related Resources
MRSC Index – Subdivision and platting