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Subjects › Governance › Special Purpose Districts › Comparison of Flood Control Districts with Flood Control Zone Districts
Updated 11/2011

Comparison of Flood Control Districts with Flood Control Zone Districts

Contents

Introduction

The table below highlights similarities and differences between Flood Control Districts and Flood Control Zone Districts for purposes of comparison. Not all statutory provisions have been listed. For a more thorough understanding of specific powers or restrictions, consult legal counsel.

Statutes

  • Ch. 85.38 RCW - Special District Creation and Operation - Provides uniform and simplified procedures for the creation, elections, and operations of various special districts that provide diking, drainage, and flood control facilities and services. The definition of special district means: (a) a diking district; (b) a drainage district; (c) a diking, drainage, and/or sewerage improvement district; (d) an intercounty diking and drainage district; (e) a consolidated diking district, drainage district, diking improvement district, and/or drainage improvement district; or (f) a flood control district.
  • Ch. 86.09 RCW - Flood Control District Act of 1937 - Provides for the creation of flood control districts for the protection of life and property, the preservation of the public health, and the conservation and development of the natural resources of the state.
  • Ch. 86.15 RCW - Flood Control Zone Districts - Passed in 1961, the law enabled the establishment of “flood control zone districts” for the purpose of undertaking, operating, or maintaining flood control projects or stormwater control projects or groups of projects that are of special benefit to specified areas of the county.

Table Comparing Flood Control Districts and Flood Control Zone Districts

  Flood Control Districts
Ch. 86.09 RCW		 Flood Control Zone Districts
Ch. 86.15 RCW
Purpose
  • The investigation, planning, construction, improvement, replacement, repair or acquisition of dams, dikes, levees, ditches, channels, canals, banks, revetments and other works, appliances, machinery and equipment and property and rights connected therewith or incidental thereto, convenient and necessary to control floods and lessen their danger and damages
  • The cooperation with any agency or agencies of the United States and/or of the state of Washington in investigating and controlling floods and in lessening flood dangers and damages (RCW 86.09.010)
Undertake, operate, or maintain flood control projects or storm water control projects or groups of projects that are of special benefit to specified areas of the county (RCW 86.15.020)
Area that may be included Part or all of a county or multi-county, may be wholly within boundaries of city or town; state, school, and other public lands may be included; federal lands includable (RCW 86.09.004, 86.09.013, 86.09.019)
  • Zone within a county that is not included in an existing zone;
  • Can create countywide flood control zone district incorporating the boundaries of any and all watersheds not specifically organized into flood control zone districts
  • Can create subzones that are operated as flood control zones(RCW 86.15.020)
Corporate Powers Constitutes a body corporate and shall possess all the usual powers of a corporation for public purposes (RCW 86.09.148)
  • Constitutes a quasi municipal corporation, an independent taxing "authority" within the meaning of Article VII, section 1 of the state Constitution, and a "taxing district" within the meaning of Article VII, section 2 of the state Constitution
  • Constitutes a body corporate and possesses all the usual powers of a corporation for public purposes (RCW 86.15.095)
Boundary Review Board Subject to review by Boundary Review Board (RCW 86.15.001)
Formation
  • Initiated by petition of at least 10 property owners or county legislative authority resolution (RCW 85.38.020)
  • County engineer of each county included is to report on boundaries and feasibility of projects located in county as proposed by petition or resolution (RCW 85.38.030)
  • County legislative authority may cause election to be held if findings merit (RCW 85.38.050 -.060)
  • Initiated by legislative body or petition by 25 percent of electors in zone based on votes cast in last county election (RCW 85.15.020)
  • If initiated by petition, county legislative authority incorporates terms of the petition in a resolution (RCW 85.15.020)
  • Notice and public hearing for districts incorporating watersheds (RCW 85.15.030)
SEPA Review 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).
Governance
  • Three-member board of directors initially are appointed by county legislative body and serve until the next special district election. See provisions for boards with territory in three or more counties RCW 85.38.290 and five member boards after consolidation of 5 or more districts in RCW 85.38.090(2).
  • Initial terms are 6, 4, and 2 years, thereafter 6-year terms. No primary elections are held.
  • County legislative body appoints members to fill vacancies. (RCW 85.38.070)
  • Board of county commissioners are ex officio supervisors of zones (board of supervisors) (RCW 86.15.050)
  • Option to elect 3 zone supervisors if district has over 2000 residents (Ch. 304 Laws of 2003)
  • Advisory committees may be appointed (RCW 86.15.070)
Finance
Powers See RCW 86.09.151, RCW 85.38.180
  • Flood control
  • Drainage, stormwater, surface water control
  • Lake and river restoration, aquatic plant control, water quality
  • Acquire, purchase, and condemn property (RCW 86.09.202-.293)
  • Sell or exchange surplus property
  • Accept funds and property by loan, grant, gift, or otherwise
  • Hire staff
  • Sue and be sued
  • Cooperate with other public or private agencies
  • Enter into contracts
  • May provide for installment contracts (RCW 86.09.175)
  • Exercise any of the usual powers of a corporation for public purposes
  • Lease, acquire, construct, operate, and maintain facilities for the benefit of drainage, diking or irrigation of lands (RCW 86.09.154)
 See RCW 86.15.080
  • Exercise all the powers vested in a county for flood water or storm water control purposes under the provisions of chapters 86.12, 86.13, 36.89, and 36.94 RCW
  • Plan, construct, acquire, repair, maintain, and operate all necessary equipment, facilities, improvements, and works to control, conserve, and remove flood waters and storm waters, protect quality of water sources;
  • Take action necessary to protect life and property within the district from flood water damage, including in the context of an emergency, as defined in RCW 38.52.010, using covered volunteer emergency workers, as defined in RCW 38.52.010 and 38.52.180(5)(a), subject to and in accordance with the terms of RCW 38.52.180;
  • Control, conserve, retain, reclaim, and remove flood waters and storm waters, including waters of lakes and ponds, subject to the acquisition of appropriate water rights;
  • Acquire necessary property, property rights, facilities, and equipment necessary to the purposes of the zone by purchase, gift, or condemnation: property of municipal corporations may not be acquired without the consent of such municipal corporation;
  • Sue and be sued in the name of the zone;
  • Acquire or reclaim lands when incidental to the purposes of the zone and dispose of such lands
  • Cooperate with other public or private agencies See also RCW 86.15.035, Cooperative watershed management
  • Accept funds or property by loan, grant, gift
  • Remove debris, logs, or other material which may impede the orderly flow of waters in streams or water courses
  • Extraterritorial powers (RCW 86.15.090)
  • Abate nuisances (RCW 86.15.190)
Comprehensive Planning A comprehensive flood control management plan that includes a city or town, or a special district subject to chapter 85.38 RCW, is developed by the county with the full participation of city, town, or special district, including conservation districts officials and appropriate state and federal agencies. The plan is binding on each jurisdiction and special district that is located within the area included in the plan. (RCW 86.12.200 -.210) Requires comprehensive plan for flood control improvements; plan is to be submitted to Department of Ecology (RCW 86.16) or comprehensive plan for storm water control. See RCW 86.15.080(2) and RCW86.15.110(2).
Purchasing Public bid procedures for construction contracts (RCW 86.09.178-196)
Annexation May annex contiguous territory by petition and election, resolution and election, or direct petition method. (RCW 85.38.200) No provisions. See RCW 86.15.023.
Consolidation Contiguous districts may be consolidated into a flood control district. (RCW 85.38.210) County legislative body may consolidate two or more zones. (RCW 86.15.200)
Withdrawal of area within city or town Authorized if conditions met. See RCW 85.38.213 Not addressed
Transfer of Territory to Another District Territory must be conterminous. See RCW 85.38.215 Not addressed
County Administration
  • County may charge for costs the county incurs in establishing a system(s) of assessments See RCW 43.09.210 and RCW 85.38.140
  • Chair of county commissioners may act when quorum not present at board of directors. (RCW 86.09.292)
  • County legislative body approves surety bonds. (RCW 86.09.304)
  • Nearest county treasurer is ex officio district treasurer who collects and remit assessments, disburses funds, provides monthly report. (RCW 86.09.313)
  • County legislative authority holds assessment hearings, prepares assessment roll. (RCW 85.38.160)
  • Whenever state grants under Ch. 86.26 RCW are used in a flood control maintenance project, the county engineer approves all plans for specific project and supervises the work. (RCW 86.26.050-.010)
  • Administrator of affairs of zones is county engineer. (Ch. 86.15.060)
  • Treasurer of zone is county treasurer. (RCW 86.15.130)
  • County legislative body, if acting as board of supervisors, prepares budget at the same time county budget is prepared; requires hearing. (RCW 86.15.140)
  • Whenever state grants under Ch. 86.26 RCW are used in a flood control maintenance project, the county engineer approves all plans for specific project and supervises the work. (RCW 86.26.050-.010)
Dissolution
  • RCW 86.15.200
    • County legislative authority may abolish zones
    • 25% electors can petition to abolish zone
  • Ch. 36.96 RCW - Dissolution of inactive special purpose districts