Annexation

Contents

• Introduction to Annexation in Washington
• Reference Sources
• Documents
• Links

Introduction to Annexation in Washington

Statutory annexation procedures over the past few years have been in a state of flux.  On May 16, 2003, the Governor signed SSB 5409, which adopts a new petition method of annexation designed to overcome what the state supreme court decided in Grant County Fire Protection Dist. v. Moses Lake, 145 Wn.2d 702 (2002), were constitutional defects in the "old" petition method in RCW 35.13.125 -35.13.130 and RCW 35A.14.120.  For further information, see Muncipal Annexation under the New Petition Method.  However, in response to motions for reconsideration, the state supreme court on January 29, 2004 completely reversed its earlier decision and held the "old" petition method to be constitutional.  See Grant County Fire Protection Dist. v. Moses Lake, 150 Wn.2d 791 (2004).

The basic methods by which cities may now annex territory are: the new petition method in SSB 5409 (now codified in RCW 35.13.410-.460 and RCW 35A.14.420-.450), which requires support of property owners representing a majority of the area propsed for annexation and of a majority of the voters in the area; the "old" petition method, which requires approval from owners of property representing a certain percentage of the assessed value of the proposed annexation area; and the election method, which requires approval of the voters in the proposed annexation area.  Although there are two other methods of annexation - municipal purpose annexations and annexations of "islands" of unincorporated territory - they are available only in limited circumstances.

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 (last updated November 2004) 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

• Statutes and Regulations 
• Court Decisions
• MRSC Inquiries
  • Boundaries
  • Election Method
  • Municipal Purposes Method
  • Legal Challenges to Proceedings
  • Consequences of Annexation
  • Other Issues

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
  • Certification of Annexations: Procedures
  • Annexation and Census Forms/Manuals
• Annexation Information Programs
• Annexation Methods
  • Election Method Annexations
  • "New" Petition Method 
  • Petition Method Annexations
  • Annexation of "Unincorporated Islands"
  • • Fircrest Ordinance No. 1064 ( 120 Kb)
    • Now Available in a Few Counties - An Unincorporated Island-Interlocal Method of Annexation under SHB 1755
  • Municipal Purpose Annexations
  • Annexation of Federal Areas
    • Port Angeles Ordinance No. 2355 ( 187kb)
• 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)
• 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.