Click here to skip to main content.
scenic picture from Washington state
SUBJECTS › ENVIRONMENT › Lake Management Districts
Updated 06/08
 

Lake and Beach Management Districts

Contents

About Lake and Beach Management Districts

The Legislature provided authority for counties, cities, and towns to create local improvement districts for lake improvements in 1985 (Chapter 398 Laws of 1985).  In 2008 the Lake Management provisions were amended to include the formation of  beach management districts (Ch 301, Laws of 2008).  The purpose of the lake and beach district legislation is to establish a governmental mechanism by which property owners can embark on a program of lake or beach improvement and maintenance.

This page provides a summary of statutory provisions, citizen information on how to create lake and beach management districts, and provides links to lake management district web sites in Washington. For specific procedures, please refer to the statutes.

Statutory Authority

Purposes, Functions and Powers

  • Assess property
  • Issue bonds
  • Control or removal of aquatic plants and vegetation;
  • Improve water quality
  • Control of water levels
  • Storm water diversion and treatment
  • Agricultural waste control
  • Study lake or marine water quality problems and solutions
  • Clean and maintain ditches and streams entering the lake or marine waters,  or leaving the lake
  • Monitor air quality 

Formation of Lake or Beach Management District (RCW 36.61.030)

  • By a resolution of intention by any city, town, or county legislative authority or
  • By a petition signed by 10 landowners or the owners of at least 15% of the acreage of the proposed district.
  • Contents of petition or resolution of intention:
    • Nature of improvement or maintenance activities proposed to be financed
    • Amount of money proposed to be raised by special assessments or rates and charges and how imposed
    • The proposed duration of the district
    • The proposed boundaries
  • A bond up to $5,000 may be required before considering a petition to finance costs, if district is not created.
  • The resolution of intention designates the number of the proposed district and sets a hearing date.
  • If proposed district includes territory located in another county, city, or town, approval of the legislative authority of the other jurisdiction is required. (RCW 36.61.070)

Hearing on Formation of Lake or Beach Management District (RCW 36.61.030- .060)

  • Hearing is to be at least 30 days and no more than 90 days after the adoption of a resolution, unless an emergency exists.
  • Notice of hearing is to be published at least twice in newspaper of general circulation in the proposed district.
  • Notice of hearing is to be mailed to landowners, Departments of Fish and Wildlife, Natural Resources and  Ecology.
  • Comments by the Departments of Fish and Wildlife, Natural Resources, and Ecology must be considered by the legislative body.
  • Committee of the legislative body or officer (hearing examiner) may be designated to hold public hearings and make recommendations.
  • If the original proposal is altered, an amended resolution of intention must be passed and property owners given a new notice.

Election to Form a Lake or Beach Management District (RCW 36.61.070-110)

  • Legislative authority adopts a resolution submitting the question of creating the lake or beach management district  or beach management district to owners of land within the proposed district.
  • Additional contents of the resolution:
    • A plan describing impacts on fish and wildlife and measures to protect and enhance fish and wildlife;
    • The number of years the lake management or beach management district will exist;
    • The amount to be raised by special assessments or rates and charges;
    • How special assessments are to be imposed and activities proposed to be financed by each type of assessment;
    • A description of the rates and charges; and
    • The estimated special assessment or rate and charge proposed to be imposed on each parcel.
  • Election is by mail ballot. Votes are weighted based on estimated special assessment (one vote per dollar). (RCW 36.61.090)
  • Sample Resolution Calling for Election - Sammamish Resolution No. R2001-77

Passage of Proposition to Form Lake or Beach Management District

  • Passage requires a simple majority of votes cast. (RCW 36.61.090)
  • The legislative authority adopts an ordinance creating the lake or beach management district.
  • County treasurer is to be notified within 15 days and assessments posted. (RCW 36.61.220)
  • Notice of district's creation must be published within 10 days of adopting the ordinance. (RCW 36.61.100)

Finance - Special Assessment Roll Procedures

  • An election is required if assessments exceed 110% of that estimated in the resolution initiating the district. (RCW 36.61.115)
  • Assessment Roll Preparation (RCW 36.61.120)
    • A proposed special assessment roll is prepared which lists:
      • Each separate lot, tract, parcel of land, or other property in the lake or beach management district;
      • The acreage of such property, and the number of feet of lake or beach frontage, if any;
      • The name and address of the owner or reputed owner of each lot, tract, parcel of land, or other property as shown on the tax rolls of the county assessor; and
      • The special assessment proposed to be imposed on each lot, tract, parcel of land, or other property, or the annual special assessments proposed to be imposed.
  • Assessment Roll Hearing (RCW 36.61.120)
    • Legislative authority acts as a board of equalization and hears objections to the special assessment roll,
    • Legislative authority may correct, revise, raise, lower, change, or modify the special assessment roll or any part thereof, or set the proposed special assessment roll aside and order a new proposed special assessment roll to be prepared.
    • Hearing notice is to be published and mailed in accordance with RCW 36.61.040.
  • Confirmation and Approval of Assessment Roll (RCW 36.120 -.130)
    • Legislative authority must confirm and approve a special assessment roll by adoption of a resolution.
    • Legislative authority may provide, by ordinance, for a committee of the legislative body or an officer (hearing examiner) to hear objections, act as a board of equalization, and make recommendations to the full legislative authority without a hearing on the assessment roll. (RCW 36.61.130)
    • If special assessment roll is amended to raise any special assessment or to include omitted property, a new public hearing must be held.
  • Objections to Assessment Roll (RCW 36.61.120 - .130)
    • Objection must be made in writing and filed with the governing body prior to the public hearing.
    • If authority is delegated, the process for appeals to the legislative body must be provided by ordinance.
    • Appeal to courts must be made within 10 days after notice of resolution confirming assessment roll has been published.
  • Notice of Confirmation and Collection of Special Assessments (RCW 36.61.190)
    • Notice of assessment roll confirmation and special assessments is to be published in newspaper of general circulation within the lake or beach management district.
    • If the special assessments are to be payable at one time, the notice must indicate that there is no penalty or interest if paid within 30 days. Property owners are to be notified within ten days of first newspaper publication by county treasurer.
    • The county treasurer must be provided with information and documentation regarding the district within 15 days of the formation of the district.
    • The treasurer is to immediately post the assessment roll on the index of special assessments against the properties affected by the district (RCW 36.61.220).

Finance - Payment of Special Assessments (RCW 36.61.200 - .240)

  • Payment of Assessments (RCW 36.61.190 - .200)
    • Payments can be made without interest, penalty, or costs, if paid during within the thirty-day period.
    • The remainder is be paid in installments as provided in a resolution adopted by the county legislative authority.
    • The installments must include amounts sufficient to redeem the bonds issued.
    • Interest, penalty, or costs may not be imposed if installment paid within twenty-days after due date.
    • The amount of interest is to be established by ordinance on late special assessments.
    • The ordinance must also specify a penalty of not less than five percent of the delinquent special assessment or installment.
    • The owner may pay the remaining portion of the installments without liability.
    • If land is sold in part, subdivided, or short subdivided, the legislative authority may order a segregation of the special assessment or annual special assessments. (RCW 36.61.210)
  • Liens Created (RCW 36.61.230 - .240)
    • The special or annual special assessments shall be a lien upon the property assessed.
    • The lien shall extend to public property subjected to special assessments.
  • Authority to Terminate Assessments (RCW 36.61.250)
    • The legislative authority may stop the imposition of annual special assessments if, in its opinion, the public interest will be served by such action.

Finance - Lake and Beach Management District Bonds (RCW 36.61.260)

  • Lake and Beach Management District bonds may be issued to obtain money sufficient to cover assessments not paid within 30-day period provided in RCW 36.61.190.
  • Legislative body must create special fund or funds to pay activities of lake or beach management district.
  • Bonds cannot be issued in excess of costs and expenses of lake or beach  improvement and maintenance activities.
  • Bonds are not counted as part of the general indebtedness.
  • Claims of bond owners are limited.
  • Bond guarantee fund may be created for each series of bonds issued.
  • Bonds are to be sold in accordance with Chapter 39.46 RCW.

Finance - Rates and Charges (35.61.270)

  • When rates and charges are imposed, a roll of rates and charges is prepared and a public hearing is held on the roll of rates and charges as provided under RCW 36.61.120 through 36.61.150 for a special assessment roll.
  • The legislative authority has full jurisdiction and authority to fix, alter, regulate, and control the rates and charges imposed by a lake or beach management district.
  • The legislative authority may classify the rates or charges by any reasonable factor or factors, including benefit, use, front footage, acreage, the extent of improvements on the property, the type of improvements on the property, uses to which the property is put, service to be provided, and any other reasonable factor or factors.
  • The legislative authority may reduce rates and charges on property owned by low-income persons.
  • Except as provided, the collection of rates and charges, lien status of unpaid rates and charges, and method of foreclosing on such liens shall be subject to the provisions of chapter 36.94 RCW.
  • The total amount of rates and charges cannot exceed the cost of lake improvement or maintenance activities proposed to be financed by such rates and charges, as specified in the resolution of intention.
  • Revenue bonds exclusively payable from the rates and charges may be issued under chapter 39.46 RCW.

Governing Body

  • None statutorily specified; however jurisdictions have set up advisory committees.
  • Advisory committee examples:

Citizen Information and Resources

Return to ESA Water Quality
Return to Special Districts
Return to Storm Water Funding