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Municipal Incorporation

This page provides an overview of the municipal incorporation process in Washington State, including related statutes, court decisions, and examples of incorporation feasibility studies.



Overview

Under Washington law, an area can incorporate as a city if it has a minimum of 1,500 inhabitants. If within five air miles of the boundaries of a city with a population of 15,000 or more, the area must have a minimum of 3,000 inhabitants.

The basic procedure to incorporate is set out in chapter 35.02 RCW, and it includes a petition requirement, review by a boundary review board or the county legislative body in counties without a board, and an election. If the voters approve the proposed incorporation, a primary election to nominate candidates for city council (and, in mayor-council cities, a mayor) and then an election to select the city council must be held. The new city must officially incorporate, at a date set by the initial city council, within 360 days of the incorporation election.

For a detailed description of the municipal incorporation process and how to establish a new city government, see the following MRSC publications:

  • Municipal Incorporation Guide – Designed to assist residents of unincorporated communities in Washington to understand the process by which a community can become incorporated as a city and to help a community decide whether to incorporate.
  • The New City Guide – Provides information to aid communities in establishing a viable, functioning city government after incorporation.

After just two new incorporations in the 1970s and 1980s, incorporation activity surged in the 1990s, especially in the Puget Sound region. This included 15 new incorporations from 1990-2003, as well as a number of failed incorporation attempts. However, no new cities have successfully incorporated since 2003.


Statutes

  • Washington State Const. art. 11, § 10  – Incorporation of Municipalities. This constitutional provision establishes the basic authority for cities and towns to incorporate and for the state legislature to enact laws to govern the process of incorporation.
  • Ch. 35.02 RCW – Incorporation Proceedings. This chapter contains the basic statutory procedures for incorporation as a city in Washington State. It also establishes the legal authority and power of a city during the "interim period," the period between the election of the initial city council and the official date of incorporation. In addition, it addresses issues relating to the continued provision of municipal services after incorporation.
  • Ch. 36.93 RCW – Local Government Organization - Boundaries - Review Boards. Proposed incorporations are "reviewed" by a boundary review board in counties in which boards have been established. Currently, 15 of the state's 39 counties have boundary review boards. This RCW chapter provides the procedures and guidelines for boundary review board review of incorporations and of other processes, such as annexations, that alter municipal boundaries.

Miscellaneous Incorporation Documents


Examples of Incorporation Feasibility Studies


Court Decisions

Vashon Island v. Boundary Review Bd., 127 Wn.2d 759 (1995) – The state supreme court concluded that there is no constitutionally protected right to have an incorporation petition considered under the law existing at the time a notice of intent to seek incorporation was filed with a boundary review board.


Last Modified: June 21, 2021