About the Washington State Boundary Review Board for King County
 Background information (updated Feb. 2008)
Formation: The Boundary Review Board for King County was created by 1967 legislation, for the purpose of guiding and controlling the creation and growth of cities in metropolitan areas. The legislation mandated Boundary Review Boards in the four urban counties of Washington State, including King County. The legislation also provided an option for creation of Boundary Review Boards in the State's other counties. There are now Boundary Review Boards in 19 counties in Washington State.
Appointments: The Boundary Review Board for King County has eleven members. Three members are appointed by the Governor, three are appointed by King County Executive (with Council confirmation), three are appointed by the mayors in King County, and two are appointed from nominations submitted by special purpose districts (fire, water, and sewer districts). The Boundary Review Board members may not be associated with other King County jurisdictions at the time they are serving on the Board, but there are frequently former city mayors and district officials serving on the Board.
Purpose: Under Chapter 36.93 RCW,the Boundary Review Board considers proposals for creation of or changes to boundaries by cities and by special purpose districts (e.g., fire districts, and water/sewer districts) within King County. Proposed boundary changes can include annexations, incorporations, assumptions, mergers, extensions of service, and similar actions. The Boundary Review Board provides independent, quasi-judicial review of all proposed annexations, mergers and similar actions. Thus, the Board offers a unique (and often sole) opportunity for citizens to participate in review of creation of or changes to boundaries of cities and special purpose districts before a neutral hearing body.
Statutory Mandate for New City Incorporations, Annexations and Other Boundary Changes: The 1990 Growth Management Act established an Urban Growth Area (UGA) - intending to direct substantial growth to areas within an Urban Growth Boundary, and to preserve lands outside of the boundary for such low density uses as rural residential use, agriculture, forestry, mining and natural preserves.
The Growth Management Act also mandated that each community inside the UGA develop a Comprehensive Plan. The purpose of the Comprehensive Plan was to establish policies to provide for land use, housing, transportation, utilities, public facilities and the natural environment for that community over a 20-year period. As a part of the Comprehensive Plan, each community was required to identify Potential Annexation Areas (PAA) - areas that would be logical extensions to a community and that could be served by the community. Policies to provide for development and services to the PAA were to be included in the Comprehensive Plan. Policies for areas within city boundaries and the PAA were required in order for the community to have the Comprehensive Plan accepted by the State of Washington.
The Growth Management Act (GMA) establishes cities as the jurisdiction intended to govern urban areas. To address this policy, GMA encourages citizens of unincorporated lands to join existing cities; however, creation of new cities through incorporation is also consistent with the GMA.
The Boundary Review Board has a mandate to evaluate and act upon applications for creation of or changes to boundaries within the Urban Growth Area, including annexations, incorporations, mergers, and similar actions. The Board's decisions must be consistent with the Growth Management Act (GMA), RCW 36.93 (the Boundary Review Board Enabling Act). The Board's
decision must also be consistent with several other state, regional, and jurisdictional standards, including, but not limited to
- RCW 35.13 (Cities and Towns);
- RCW 35.13A (Water and Sewer Districts);
- RCW 35A.14 (Annexations by Code Cities);
- RCW 57.24 (Water and Sewer Districts)
- State Environmental Policy Act
- Shorelines Management Act
More specifically, citizens seeking incorporation must submit petitions to King County Council and must file a Notice of Intention with the Boundary Review Board. For incorporations, the Boundary Review Board holds public information meetings and conducts public hearings for the purpose of determining the viability of the new city and, if viable, establishing final boundaries of the new city. The voters of the incorporation area make the final decision as to whether to become a new city. In the past decade, the Board has reviewed 12 applications for incorporation. Currently there is one formal application and one inquiry for incorporation before the Boundary Review Board.
For all other proposed actions (e.g., annexations, mergers), the applicant - a city or a special purpose district -- must file a Notice of Intention with the Boundary Review Board. The Board notifies all potentially interested jurisdictions of the action and invites public comment during a 45-day public review period. The Board then holds a public meeting to review the proposal with respect to State and County regulations (e.g., State Growth Management Act, King County Comprehensive Plan, RCW 36.93; RCW 35A.14; RCW 35.13, RCW 57.24, et seq.). The action is finalized at the close of the public comment period unless there is a specific request for a public hearing before the Board.
The Boundary Review Board holds a public hearing for an action (e.g., annexation, assumption, merger) if there is an official request by an affected jurisdiction or by affected residents and/or property owners. A public hearing will include presentations by proponents and opponents of an action. Testimony is permitted from representatives of cities, counties, special purpose districts, other agencies and citizens (property owners and residents) affected by a proposed action.
Following the hearing, the Board must evaluate testimony to determine whether the proposed action meets or fails to meet required Boundary Review Board criteria (e.g., issues related to land characteristics, service provision, economic and social criteria as cited in RCW 36.93.170/.180). The Board also evaluates compliance with the Growth Management Act, the King County Comprehensive Plan, and other statutory requirements. Based upon the Board's findings, the Boundary Review Board acts to approve, deny, or modify the proposed annexation, merger or other action.
In recent years, the Board has been asked to consider in public meetings and public hearings, matters related to: definition of urban growth areas; allocation of land to a community's potential annexation area (e.g., overlapping jurisdiction, exclusion from potential annexation areas); land designation and land use; environmental protection; interpretation of authorities of special purpose districts and municipal jurisdictions; and provision of services to urban areas and to rural areas. Further, hearings have been required in response to concerns by government jurisdictions or citizens concerning the timeliness of an action - for example, where limited fiscal resources or service capacity restrict the ability of a local jurisdiction to govern new citizens.
From 2000 to the present, the Board has reviewed more than 200 applications for a variety of proposed actions. Approximately 25 applications have come to public hearing.
Over the past several years, there have been eleven successful city incorporations in King County: SeaTac, Federal Way, Burien, Newcastle, Shoreline, Maple Valley, Covington, Kenmore, Woodinville, and Sammamish. Two proposed incorporations - the City of Briarwood and the City of Fairwood -- failed in election. These decisions were consistent with a recommendation by the Board that voters turn down the incorporation. The citizens of Fairwood have submitted a new application for incorporation.
Of late, the Board has reviewed annexations and other actions from several cities - Auburn, Bellevue, Burien, Black Diamond, Covington, Issaquah, Kent, Kirkland, Redmond, Renton, Sammamish, Tukwila, and Woodinville. Citizens of the North Highline Area and East King County are also considering annexation to Seattle and/or Burien. Actions proposed by numerous special purpose districts have also come before the Board.
In the course of conducting public hearings, the Board has made decisions to approve, deny or modify actions proposed by cities and by special purpose districts. For example, the Board expanded boundaries of annexations proposed by the City of Redmond and the City of Renton to provide for more effective and efficient local governance. The Board denied a small number of municipal annexations and special district annexation proposals (for sewer service) because the lands were outside the Urban Growth Area boundary. In other cases, proposed annexation actions outside the Urban Growth Area were withdrawn after a Boundary Review Board hearing was requested, or adjustments were worked out between the city and King County.
Two decisions of the Boundary Review Board were appealed to Superior Court.
- City of Renton - File No. 2199 was reviewed before the Superior Court questioning the authority of cities to grant/withhold water permits and to establish zoning requirements. The Superior Court determined that the Boundary Review Board decision was not at issue. The Court continued to hear the dispute between the plaintiffs and the City of Renton. The case was settled in 2007.
- City of Redmond - File No. 2168 was brought to Superior Court by plaintiffs taking issue with the authority of the Boundary Review Board to modify annexation boundaries. The Superior Court issued an opinion, in agreement with the Board, that the statutory objective of the boundary review boards permits the modification of boundaries. The decision was appealed to the Appeals Court which forwarded the case to the Supreme Court. The Supreme Court decided by a vote of 5-4 in favor of the plaintiff; this decision has resulted in new standards by which the Board must make decisions concerning the changing of annexation area boundaries. This matter will likely be remanded to the Boundary Review Board.
The Future: The Board contemplates a busy and challenging future. The State of Washington and King County have taken several recent actions encouraging the implementation of State Growth Management Act provisions supporting local governance of urban areas.
More specifically, the State Legislature has recently approved legislation to provide new systems for annexation by the citizen petition method. Similarly, the Supreme Court of Washington recently restored a method for annexation by petition based upon land value. This annexation method is the primary method of annexation of land into municipalities. The State has also provided financial incentives for cities seeking to annex unincorporated areas.
Further, King County has launched an Annexation Initiative for the purpose of encouraging annexation or incorporation of unincorporated urban areas. The County is developing policies and programs (e.g., financial incentives) to encourage citizens of urban unincorporated areas to join existing cities and to encourage cities to annex such urban areas. Under the Task Force's "ideal scenario" annexation of all urban areas would occur by 2012.
In keeping with the Annexation Initiative, the Office of the King County Executive has advised the Board to expect proposals for annexation of up to 1800 square miles of urban area in the years between 2008 - 2012. The Board will be responsible for review of each application for annexation. The Board will also review proposed incorporations of new cities.
In that period, as well, it is anticipated that cities and special purpose districts will seek to streamline provision of services through assumptions, mergers and similar actions. The Board will also be responsible for review of those applications.
When unincorporated lands in King County are established within local jurisdictions - through annexation, incorporation, assumption or merger -- the Boundary Review Board will have completed its mandate to the State and its mission to King County.
Boundary Review Board Services: Boundary Review Board staff is responsible for providing application materials for annexation, incorporation, mergers and other actions. Staff may provide information concerning requirements for annexation, incorporations, mergers and other actions. Staff can provide applicants and other interested parties with regulations, guidelines and other standards pursuant to various actions. The Board's Special Assistant Attorney General addresses questions and provides legal interpretations concerning the applicability of general regulations to particular types of proposals.
Staff can advise applicants as to materials that are necessary for a complete application and those supplemental materials that may improve Board understanding of the proposed action. Staff is not permitted to assist in preparing an application.
Boundary Review Board staff determines whether an application is complete. Staff ensures that all applications are submitted for appropriate agency and public review. Staff provides the initial analysis of proposals for actions. Staff reports upon findings of fact and provides the proposal analysis to the Boundary Review Board.
Staff also provides information services and/or liaison services concerning the structure and function of the Boundary Review Board. These services are provided to King County officials (e.g., Executive, County Council, Department of Development and Environmental Services, Office of Finance), to the State Boundary Review Board Association, to the American Planning Association, to the State Legislature, to local jurisdictions and to community groups.
Boundary Review Board staff are available at 206-296-6800 to provide additional information concerning the organization's legal mandate, role and responsibilities, and current and anticipated actions before the Board.
Thank you for your interest in the Boundary Review Board. |
