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Flood Control Districts
Ch. 86.09 RCW (1937)
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Flood Control Zone Districts
Ch. 86.15 RCW (1961)
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Purpose
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- 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)
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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)
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Area that may be included
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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)
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- 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 which are operated as flood control zones(RCW 86.15.020)
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Corporate Powers
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Constitutes a body corporate and shall possess all the usual powers of a corporation for public purposes (RCW 86.09.148)
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- Constitutes 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)
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Boundary Review Board
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Subject to review by Boundary Review Board (RCW 86.15.001)
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Formation
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- 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 petiition or resolution (RCW 85.38.030)
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- Initiated by legislative body majority affirmative vote or petition by 25% of electors in zone based on volte cast in last county election.
- County legislataive 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)
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| 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
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- 3 member board of directors initially appointed by county legislataive body and serve until the next special district election
- 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)
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- 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 over 2000 residents (Ch. 304 Laws of 2003)
- Advisory committees may be appointed (RCW 86.15.070)
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Finance
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Powers
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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 (Eminent domain 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 intallment contracts (RCW 86.09.175)
- Exercise any of the ususal powers of a corporation for public purposes
- Lease, acquire, construct, operate and maintain water for the benefit of drainage, diking or irrigation of lands (RCW 86.09.154)
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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;
- Protect life and property within the district from flood water damage;
- 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 other public or private agencies
- 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)
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Comprehensive Planning
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A comprehensive flood control management plan that includes 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 an area included in the plan. (RCW 86.12.200 -.210)
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Requires comprehensive plan for flood control improvements; plan is to be submitted to department of ecology (RCW 86.16) or comprehensive plan for stormwater control. See RCW 86.15.080 (2) and RCW86.15.110 (2).
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Purchasing
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Public bid procdedures for construction contracts (RCW 86.09.178 -.196)
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Annexation
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May annex contiguous territory by petition and election, resolution and election, or direct petitionethod (RCW 85.38.200)
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No provisions. See RCW 86.15.023
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Consolidation
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Contiguous districts may be consolidated into a flood control district (RCW 85.38.210)
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County legislative body may consolidate two or more zones (RCW 86.15.200)
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Withdrawal of area within city or town
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Authorized if conditions met See RCW 85.38.213
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Not addressed
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Transfer of Territory
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Territory must be conterminious. See RCW 85.38.215
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Transfer of property (RCW 86.15.210)
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County Administration
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- 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 quorm 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)
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- 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)
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Dissolution
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- RCW 86.15.200
- County legislative authority may abolish zones (RCW 86.15.200)
- 25% electors can petition to abolish zone (RCW 86.15.200)
- Ch. 36.96 RCW - Dissolution of Inactive Special Purpose Districts
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