Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1990 NO. 11 >

RCW 17.10.240(1) authorizes the county legislative authority to levy a special assessment against land for the purpose of operating the county's weed program. This assessment may be levied on land located in incorporated areas within the county.

AGO 1998 NO. 11 >

The county coroner or equivalent officer has discretion to decide whether to issue a certificate of presumptive death as to a person whose body has not been found but who may be presumed to have drowned in the waters of the county or in contiguous waters as a result of an accident or natural disaster; the officer's decision must take into account where the person was last seen and where the events occurred which probably caused the person's death, in addition to such other factors as may be relevant.

AGO 1984 NO. 11 >

(1) The State Corrections Standards Board is not required by chapter 120, Laws of 1983, the Minority and Women's Business Enterprises Act, to fix goals which would, in turn, necessitate that specified portions of the funds which are awarded by it to local governments be set aside for minority or women-owned businesses.(2) Chapter 120, Laws of 1983, the Minority and Women's Business Enterprises Act, applies only to public works projects undertaken by the State (or an agency thereof) itself and, therefore, does not impose any additional duties or responsibilities on local jurisdictions with respect to jail construction and renovation funded through the State Corrections Standards Board.

AGO 2003 NO. 11 >

Those counties and cities that have “home rule” powers (that is, charter counties, first class cities, and cities operating under the Optional Municipal Code) have authority to provide telecommunications services to their residents; other cities, towns, and counties lack this authority.

AGO 1955 NO. 11 >

A county must levy a tax under RCW 36.62.090, for hospital purposes, but in doing so may not exceed the eight mill limitation imposed under RCW 84.52.050.

AGO 1976 NO. 11 >

(1) Under § 3, chapter 58, Laws of 1975-76, 2nd Ex.Sess., when a comprehensive solid waste plan adopted under RCW 70.95.080 incorporates the use of transfer stations, the transportation of solid waste between disposal sites in transfer trailers, but not in "drop box" detachable containers, is thereby exempt from regulation by the Washington utilities and transportation commission.  (2) Under § 3, chapter 58, Laws of 1975-76, 2nd Ex. Sess., a county in which a comprehensive solid waste plan has been adopted may contract for the hauling of solid waste between disposal sites in transfer trailers, but not in detachable containers, either by the normal bidding process or by negotiation with the qualified collection agency serving the area under the authority of chapter 81.77 RCW; contracts utilizing the use of detachable containers, however, must follow the normal bidding process where applicable.

AGO 1985 NO. 11 >

The amendment to RCW 19.27.060 in § 10(1), chapter 360, Laws of 1985 applies prospectively to county or city amendments to the State Building Code involving single or multi-family residential housing and does not, therefore invalidate prior county or city amendments to the state code until and unless approved by the building code council.

AGO 2005 NO. 11 >

1.  The Growth Management Hearings Boards have no authority to remand a case back to a county or city for the purpose of amending their comprehensive plans or development regulations, except where the board has found the plan or regulations to be out of compliance with the Growth Management Act.  2.  WAC 242-02-720 is consistent with the statutory authority granted to the Growth Management Hearings Boards.

AGLO 1980 NO. 12 >

When, within an existing land subdivision established pursuant to either chapter 58.16 or chapter 58.17 RCW, the owner of an individual lot proposes to divide it into a number of smaller lots for the purpose of sale or lease, while such action constitutes a "resubdivision" as defined in RCW 58.17.020(6) and is, thereby, subject to the general provisions of chapter 58.17 RCW relating to subdivisions (AGO 1980 No. 5), the subdivider is not, in addition, required to vacate his existing lot or lots pursuant to chapter 58.11 RCW or alter the plat pursuant to chapter 58.12 RCW; if, however, the vacation of a plat or part thereof entails the vacation of a county road, one or the other of the procedures set forth in chapter 58.11 RCW and chapter 36.87 RCW, respectively, must be utilized.

AGO 2006 NO. 12 >

1. RCW 82.46.075 authorizes a county to impose certain sales and use taxes for the purpose of providing affordable housing for persons of low and moderate income; it does not violate the constitutional provisions against gifts and lending of credit to provide housing assistance to persons or households whose incomes could reasonably be described as “low” or “moderate.” 2. RCW 82.46.075 authorizes a county to develop criteria for eligibility for housing programs funded through the sales tax authorized by the statute; the statute is broad enough to permit a county to provide a preference to public employees if the county can show that such a preference will further the statutory purpose of the program.