Annexation
Contents
Introduction to Annexation in Washington
The 2009 legislature has enacted, effective July 26, 2009, some significant changes in annexation law, changing the petition requirements for non-code cities and adding a new method of annexation. In ESSB 5808 (Ch. 60, Laws of 2009), the requirements for a sufficient petition under the traditional petition method of annexation for first and second class cities and for towns have been changed from needing the signatures of owners of 75 percent of the assessed value of the area proposed for annexation to needing the signatures of owners of only 60 percent of the assessed value of that area. This change makes the petition requirements for these cities and towns the same as they have been for code cities.
ESSB 5808 also adds a new interlocal method of annexation when a city is proposing to annex territory served by one or more fire protection districts. Under this method, the city, the county, and the fire district(s) can enter into an interlocal agreement that describes the annexation area and the goals of the agreement, including such matters as: the transfer of revenues and assets between the fire protection district(s) and the city; the impact of annexation on the level of fire protection and emergency medical service in both the unincorporated and incorporated area; community involvement in the process; and revenue sharing, if any. If the fire protection district(s), city, and county reach an agreement, the annexation may proceed and is not subject to referendum. If only the city and county reach an agreement, the annexation may proceed under the interlocal agreement, but the annexation ordinance is subject to referendum for 45 days after its passage. This legislation also adds various requirements regarding the transfer of employees from a fire district to the city in the event of annexation of territory of the district, under any method of annexation. A more detailed summary of this legislation can be found in the Final Bill Report.
The basic methods by which cities may now annex territory are: the "old" or "traditional" petition method, which requires approval from owners of property representing a certain percentage - now uniformly 60 percent - of the assessed value of the proposed annexation area; the "new" petition method codified in RCW 35.13.410-.460 and RCW 35A.14.420-.450, enacted during the period (2002-04) that the traditional method had been declared unconstituional by the state supreme court, that requires support of property owners representing a majority of the area propsed for annexation and of a majority of the voters in the area; and the election method, which requires approval of the voters in the proposed annexation area. Although there are other methods of annexation - municipal purpose annexations and annexations of "islands" of unincorporated territory - they are available only in limited circumstances. And now we also have this new interlocal agreement method described above.
The methods by which cities may annex territory are governed strictly by state law, and they vary somewhat by city classification. Cities and towns located in counties that plan under the Growth Management Act may only annex property that is located within their designated urban growth areas.
The 2007 legislature passed some significant legislation that changes when cities recieve property tax revenues when they annex territory within a fire protection or library district. Under SB 5836 (Ch. 285, Laws of 2007), when a city annexes territory within a fire protection or library district, it will now begin receiving, as of the date of annexation, the district-levied property tax revenues that are not delinquent but have not yet been collected by those districts within the annexed territory. For more information on this legislation, see "New Legislation Changes When Cities Receive Property Tax Revenues After Annexation of Territory in a Fire or Library District."
MRSC has produced an Annexation Handbook (not yet revised to incorporate the provisions of ESSB 5808) that outlines the pro and con arguments for annexation, consequences of annexation, reviews the methods for annexation, and discusses the role of boundary review boards in annexation process.
Reference Sources
Documents
- Annexation - Administrative Procedures
- Annexation Goals and Policies
- Annexation Handbook, Report No. 19, Revised April 2008.
- Annexation Certification, State of Washington, Office of Financial Management
- Annexation Information Programs
- Annexation Methods
- Financial Issues
- Fiscal Impact Studies and Financial Plans for Annexations
- 2005 Study on Land Use and Local Government Finance, Washington State Office of Financial Management, December 2005 (a study of local government finances in the context of the Growth Management Act, with a specific focus on the impact of annexations and incorporations)
- Sales Tax Credit (
) (available for large annexations by cities in King (except Seattle), Pierce, and Snohomish counties) - 2006 legislation (SSB 6686), now codified in RCW 82.14.415
- "New Legislation Changes When Cities Receive Property Tax Revenues After Annexation of Territory in a Fire or Library District" (May 2007)
- Franchises in Newly Annexed Areas
- Oak Harbor Ordinance No. 1005 (
488kb)
- Oak Harbor Ordinance No. 1005 (
- Interlocal Agreements for Annexations
- Pre-Annexation Zoning and Annexation Development Agreements
- Revenue Sharing Agreements for Annexations
Links
- Annexations Under the Growth Management Act: Barriers and Potential Solutions - Annexation study by the Department of Community, Trade and Economic Development that looks at obstacles to annexation in six counties (King, Pierce, Snohomish, Kitsap, Thurston, and Clark).
- Office of Financial Management - Annexation and Census - Contains information about certifying annexations, annexation forms, census requirements, and the April 1 population estimates.