Note: Please see our discussion entitled What is the state of annexation law now? for an update to this page.

Municipal Annexation under the New Petition Method

On May 16, 2003, the Governor signed SSB 5409 , which adopts a new petition method of annexation designed to overcome what the state supreme court decided in Grant County Fire Protection Dist. v. Moses Lake were constitutional defects in the "old" petition method. (The court has yet to rule on the motions for reconsideration in the Grant County case, and it is possible that the old method may, at least in some circumstances, be resurrected. That reconsideration decision would, however, have no effect on the new method.) This law was effective upon the Governor's signature. In other words, cities may now begin using this new method of annexation.

What follows is, in question and answer format, a detailed outline of this new petition method, which, with minor exceptions as noted, is the same for all classes of cities and for towns. The new method follows the format of the old method, with differences primarily in the signing requirements for the annexation petition. The primary difference between the new and the old method is that the annexation petition must be signed by property owners (owning a majority of the area) and by registered voters (a majority in the area). If there are no registered voters (vacant, commercial, or industrial property, or property that has residents but no registered voters), then only owners of a majority of the area need sign.

How is an annexation under this method initiated?

1. Notice of Intention. An annexation under this method can be initiated by written notice to the city council of an "intention to commence annexation proceedings" signed by:

• 10 percent or more of the residents of the area to be annexed (non-code cities only), or
• Owners of not less than 10 percent of the acreage of this area.

An exception is recognized for school district property, which, under RCW 28A.335.110, can be annexed only if it constitutes the entire area proposed for annexation.

2. Meeting with Initiators/Initial Decision by City Council. The city council must set a date for a meeting with the initiating parties, which may occur no later than 60 days after the filing of notice of intention, to determine whether the council will:

• Accept the annexation as proposed;
• Geographically modify the proposed annexation (and accept the proposed annexation as modified); or
• Reject the annexation.

The decision of the council whether to "accept" the proposed annexation is entirely within the council's discretion. By accepting a proposed annexation, the council is not committing itself to ultimately annexing the territory proposed when a sufficient petition is presented to it. The decision to accept merely allows the annexation to go forward procedurally. If the council rejects the proposed annexation, the initiating parties have no right of appeal.

If the council accepts the annexation, it must also decide:

• Whether it will require the simultaneous adoption of a comprehensive plan (non-code city) or a proposed zoning regulation (code city), and
• Whether it will require the assumption of all or any portion of existing city indebtedness by the area to be annexed.

If the council decides to require either or both of the above, that decision must be reflected in the meeting minutes.

What must a sufficient annexation petition contain?

If the city council accepts the initial annexation proposal, the initiating parties may draft and circulate a petition for signatures. The petition for annexation must:

• Be in writing and be addressed to the city council;
• Contain a legal description of the property;
• Be accompanied by a drawing that outlines the boundaries of the area proposed for annexation;
• If the city council is requiring the assumption of all or any portion of city or town indebtedness and/or the adoption of a comprehensive plan or proposed zoning regulation for the area to be annexed, state those facts, along with a quotation from the meeting minutes where the council imposed such requirements;
• Be signed by:
  • Owners of a majority of the acreage of the area proposed for annexation, and
  • A majority of the registered voters residing in the area proposed for annexation
  • If there are no residents in the area proposed for annexation (or no registered voters), by the owners of a majority of the acreage of the area.
  • (For school district property, the petition is to be signed by the district board of directors);
• Comply with the rules for petitions in RCW 35.21.005 (non-code city) or RCW 35A.01.040 (code city); and
• Be filed with the city council.

The procedures following the filing of the annexation petition with the city council are not changed by this legislation.