Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGLO 1974 NO. 83 >

Time period for adoption of official controls following adoption of comprehensive plan pursuant to RCW 36.70.320 ‑ 36.70.440; authority to adopt interim zoning ordinance; amendment of interim zoning ordinance and map prior to adoption of permanent zoning ordinance; necessity for periodic update of comprehensive plan; legality of a moratorium on land development while comprehensive plan is being updated; time limitations for bringing a lawsuit for testing the validity of planning or zoning actions taken by a board of county commissioners.

AGLO 1974 NO. 85 >

(1) A county does not presently have the authority to pay medical insurance premiums for its retired former employees except those who were, before retirement, members of the law enforcement officers' and fire fighters' retirement system. (2) A county does not have the present authority to make payroll deductions from the salary of its current employees to fund the payment of medical insurance premiums for them after their retirement.

AGLO 1973 NO. 85 >

Except to the extent that it is authorized under RCW 36.54.010, et seq., to own and operate a ferry system, a 7th class county is not authorized to engage in the transportation business for hire.

AGLO 1974 NO. 86 >

Ability of fourth class city and county to enter into agreement under the interlocal cooperation act whereby county road funds will be expended to repair and maintain a city street; the expenditure of county road funds to maintain a nonpublic roadway on school district property; applicability of interlocal cooperation act to intergovernmental disposition of school district property.

AGLO 1973 NO. 87 >

A board of county commissioners is not divested of its authority to adopt amendments to its justice court districting plan by virtue of its failure to have done so within the time period specified in RCW 3.38.040.

AGLO 1974 NO. 88 >

The legislative body of a city, town or county, in adopting regulations and procedures for the approval of short subdivisions under RCW 58.17.060, as amended by § 3, chapter 134, Laws of 1974, 1st Ex. Sess., may not specify, at its option, the number of lots, tracts or parcels into which land must be divided before such regulations and procedures will be applied.

AGLO 1973 NO. 89 >

Chapter 89, Laws of 1972, Ex. Sess., authorizes a third class county to establish an ambulance service for the entire county including that portion of the county lying within an incorporated city or town; such county ambulance service may compete with a municipal system owned and operated by a fourth class city but it may not compete with existing private ambulance system.

AGO 1957 NO. 90 >

The offices of county commissioner and mayor of a third class city are incompatible.

AGO 1964 NO. 91 >

(1) Under existing state law the residents of a county do not have the power to enact county-wide legislation by initiative. (2) The residents of a county do not have the power of referendum under existing state law in regard to ordinances or regulations duly enacted by a board of county commissioners.

AGO 1964 NO. 92 >

Where a local civil defense organization as established by county ordinance under RCW 38.52.070 (1) is governed by a civil defense council consisting of the board of county commissioners and the mayor of each incorporated municipality in the county with the chairman of the board of county commissioners additionally serving as the chairman of the civil defense council, the chairman may not also serve as the civil defense director since the offices are incompatible.