Wash. Rev. Code » Title 36 · Chapter 36.89
Revised Code of Washington

Wash. Rev. Code § 36.89.080 (2025)

Stormwater control facilities—Rates and charges—Limitations—Use

✓ laws through the 2025 session: 2026 session laws are not yet included
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(1) Subject to subsections (2) and (3) of this section, any county legislative authority may provide by resolution for revenues by fixing rates and charges for the furnishing of service to those served or receiving benefits or to be served or to receive benefits from any stormwater control facility or contributing to an increase of surface water runoff. In fixing rates and charges, the county legislative authority may in its discretion consider:
(a) Services furnished or to be furnished;
(b) Benefits received or to be received;
(c) The character and use of land or its water runoff characteristics;
(d) The public benefit nonprofit corporation status, as defined in RCW 24.03A.245, of the land user;
(e) Income level of persons served or provided benefits under this chapter, including senior citizens and individuals with disabilities; or
(f) Any other matters which present a reasonable difference as a ground for distinction.
(2) The rate a county may charge under this section for stormwater control facilities shall be reduced by a minimum of ten percent for any new or remodeled commercial building that utilizes a permissive rainwater harvesting system. Rainwater harvesting systems shall be properly sized to utilize the available roof surface of the building. The jurisdiction shall consider rate reductions in excess of ten percent dependent upon the amount of rainwater harvested.
(3) Rates and charges authorized under this section may not be imposed on lands taxed as forestland under chapter 84.33 RCW or as timberland under chapter 84.34 RCW.
(4) The service charges and rates collected shall be deposited in a special fund or funds in the county treasury to be used only for the purpose of paying all or any part of the cost and expense of maintaining and operating stormwater control facilities, all or any part of the cost and expense of planning, designing, establishing, acquiring, developing, constructing and improving any of such facilities, or to pay or secure the payment of all or any portion of any issue of general obligation or revenue bonds issued for such purpose.
[ 2021 c 176 s 5214; 2003 c 394 s 3; 1998 c 74 s 1; 1995 c 124 s 1; 1970 ex.s. c 30 s 7.]

Notes:

Effective date—2021 c 176: See note following RCW 24.03A.005.
Sewerage, water, and drainage systems: Chapter 36.94 RCW.
Notes of Decisions
Cited in 1 case, 1985–1985 · leading case: Teter v. Clark Cnty., 704 P.2d 1171 (Wash. 1985).
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Teter v. Clark Cnty., 704 P.2d 1171 (Wash. 1985). · cites it 5× “We hold that the "special benefit" requirement of article 7, section 9 of the Washington Constitution does not apply to rates or charges established pursuant to RCW 36.89.080 or RCW 35.67. We further hold that respondents did not act arbitrarily or capriciously in determining…”
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