Wash. Rev. Code » Title 35 · Chapter 35.02
Revised Code of Washington

Wash. Rev. Code § 35.02.070 (2026)

Public hearing by county legislative authority—Establishment of boundaries—Limitations

✓ current as of May 2026
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(1) If a county legislative authority holds a public hearing on a proposed incorporation, it shall establish and define the boundaries of the proposed city or town, being authorized to decrease or increase the area proposed in the petition under the same restrictions that a boundary review board may modify the proposed boundaries. The county legislative authority, or the boundary review board if it takes jurisdiction, shall determine the number of inhabitants within the boundaries it has established.
(2) A county legislative authority shall disapprove the proposed incorporation if, without decreasing the area proposed in the petition, it does not conform with RCW 35.02.010. A county legislative authority may not otherwise disapprove a proposed incorporation.
(3) A county legislative authority or boundary review board has jurisdiction only over that portion of a proposed city or town located within the boundaries of the county.
[ 1994 c 216 s 17; 1986 c 234 s 9; 1975 1st ex.s. c 220 s 3; 1965 c 7 s 35.02.070. Prior: 1963 c 57 s 2; 1957 c 173 s 7; prior: 1890 p 131 s 2, part; 1888 p 221 ss 1, 2, part; 1877 p 173 ss 1, 2, part; 1871 p 51 s 1, part; RRS s 8884, part.]

Notes:

Effective date—1994 c 216: See note following RCW 35.02.015.
Legislative finding, intent—1975 1st ex.s. c 220: See note following RCW 35.02.170.
Incorporation subject to approval by boundary review board: RCW 36.93.090.
Notes of Decisions
Cited in 3 cases, 1961–1995 · leading case: Vashon Island Comm. for Self-Gov't v. Washington State Boundary Review Bd., 903 P.2d 953 (Wash. 1995).
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Vashon Island Comm. for Self-Gov't v. Washington State Boundary Review Bd., 903 P.2d 953 (Wash. 1995). “” RCW 35.02.070(1). In short, counties that do not have boundary review boards are subject to the same rules that apply to the establishment of boundaries of proposed cities in counties with boundary review boards.”
State Ex Rel. Stephens v. Odell, 378 P.2d 932 (Wash. 1963). · cites it 5× “Hence, the board’s refusal to act is not appealable under the provisions of RCW 36.32-.330. The question remaining is whether mandamus is appropriate.”
State ex rel. Town of Mercer Island v. City of Mercer Island, 361 P.2d 369 (Wash. 1961). “Code, § 7435 [RCW 35.02.070], gives the county commissioners power to ascertain and determine how many inhabitants reside within the boundaries of the town.”
Wash. Rev. Code § 35.02.070(1): 1 case
Vashon Island Comm. for Self-Gov't v. Washington State Boundary Review Bd., 903 P.2d 953 (Wash. 1995). “” RCW 35.02.070(1). In short, counties that do not have boundary review boards are subject to the same rules that apply to the establishment of boundaries of proposed cities in counties with boundary review boards.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.