Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGLO 1974 NO. 45 >

(1) In providing for a state building code for cities and towns, chapter 96, Laws of 1974, 1st Ex. Sess., imposes a standard fee schedule in connection with the administration of such code in place of such local fee schedules in effect on January 1, 1975. (2) Chapter 96, supra, does not permit local governments to treat the fees set forth in the state building code as a minimum schedule and to fix higher fees independently of further legislation.

AGO 1966 NO. 84 >

1. A school district does not have to obtain a conditional use permit in order to construct a school building on a particular site in an unincorporated area of a county which has adopted the provisions of the planning enabling act (chapter 36.70 RCW) except where the district desires to qualify for state financial assistance in construction of said building. 2. A school district does not have to obtain a building permit in order to construct a school building on a particular site in an unincorporated area of a county except where the district desires to qualify for state financial assistance in construction of said building.  3. When a school district for any reason applies to the county for a conditional use permit or a building permit it must pay the fees otherwise chargeable to other applicants.

AGO 1956 NO. 238 >

Chapter 86.12 RCW, which is derived from chapter 204, Laws of 1941, empowers the various counties of this state to condemn land for and make culverts and waterways to alleviate flood conditions caused by "flood waters" only, but does not empower counties to alleviate flood conditions caused by "surface waters" comprising rain water moving across country and not coming from any definite source.  Expenditures for flood water improvements must be made out of a county river improvement fund and not out of the general or current expense fund. County road funds may not be used for drainage of private property within the county, except the county may provide adequate drainage for its roads which may incidentally benefit adjacent private property. Chapter 36.43 RCW does not give counties the power to drain private property within a county merely because county officials have issued building permit for such property.