AN ACT Relating to the vacation and alteration of plats; amending RCW 58.17.060; adding new sections to chapter 58.17 RCW; and repealing RCW 58.11.010, 58.11.020, 58.11.030, 58.11.040, 58.11.050, 58.12.010, 58.12.020, 58.12.030, 58.12.040, 58.12.050, 58.12.060, 58.12.065, 58.12.070, and 58.12.080.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. A new section is added to chapter 58.17 RCW are each amended to read as follows:

Whenever any person is interested in the vacation of any subdivision or portion thereof, or any area designated or dedicated for public use, that person shall file an application for vacation with the legislative authority of the city, town, or county in which the subdivision is located. The application shall set forth the reasons for vacation and shall contain signatures of all parties having an ownership interest in that portion of the subdivision subject to vacation.

When the vacation application is specifically for a county road or city or town street, the procedures for road vacation or street vacation in chapter 36.87 or 35.79 RCW shall be utilized for the road or street vacation. When the application is for the vacation of the plat together with the roads and/or streets, the procedure for vacation in this section shall be used, but vacations of streets may not be made that are prohibited under RCW 35.79.030, and vacations of roads may not be made that are prohibited under RCW 36.87.130.

The legislative authority of the city, town, or county shall give notice as provided in RCW 58.17.080 and 58.17.090 and shall conduct a public hearing on the application for a vacation and may approve or deny the application for vacation of the subdivision after determining the public use and interest to be served by the vacation of the subdivision. If any portion of the land contained in the subdivision was dedicated to the public for public use or benefit, such land, if not deeded to the city, town, or county, shall be deeded to the city, town, or county unless the legislative authority shall set forth findings that the public use would not be served in retaining title to those lands.

Title to the vacated property shall vest with the rightful owner as shown in the county records. If the vacated land is land that was dedicated to the public, for public use other than a road or street, and the legislative authority has found that retaining title to the land is not in the public interest, title thereto shall vest with the person or persons owning the property on each side thereof, as determined by the legislative authority. When the road or street that is to be vacated was contained wholly within the subdivision and is part of the boundary of the subdivision, title to the vacated road or street shall vest with the owner or owners of property contained within the vacated subdivision.

This section shall not be construed as applying to the vacation of any plat of state granted-tide or shore lands.

NEW SECTION. Sec. 2. A new section is added to chapter 58.17 RCW to read as follows:

When any person is interested in the alteration of any subdivision or the altering of any portion thereof, except as provided in RCW 58.17.040(6) that person shall submit an application to request the alteration to the legislative authority of the city, town, or county where the subdivision is located. The application shall contain the signatures of the majority of those persons having an ownership interest of lots, tracts, parcels, sites, or divisions in the subject subdivision or portion to be altered.

Upon receipt of an application for alteration, the legislative body shall set a date for public hearing and provide notice of the hearing to all owners of property within the subdivision, and as provided for in RCW 58.17.080 and 58.17.090.

The legislative body shall determine the public use and interest in the proposed alteration and may deny or approve the application for alteration. If any land within the alteration is part of an assessment district, any outstanding assessments shall be equitably divided and levied against the remaining lots, parcels, or tracts, or be levied equitably on the lots resulting from the alteration. If any land within the alteration contains a dedication to the general use of persons residing within the subdivision, such land may be altered and divided equitably between the adjacent properties.

After approval of the alteration, the legislative body shall order the applicant to produce a revised drawing of the approved alteration of the final plat or short plat, which after signature of the legislative authority, shall be filed with the county auditor to become the lawful plat of the property.

This section shall not be construed as applying to the alteration or replatting of any plat of state-granted tide or shore lands.

Sec. 3. Section 6, chapter 271, Laws of 1969 ex. sess. as amended by section 3, chapter 134, Laws of 1974 ex. sess. and RCW 58.17.060 are each amended to read as follows:

The legislative body of a city, town, or county shall adopt regulations and procedures, and appoint administrative personnel for the summary approval of short plats and short subdivisions((~~, or revision thereof~~)) or alteration or vacation thereof. When said alteration or vacation involves a public dedication, the alteration or vacation will be processed as provided in section 1 or 2 of this 1987 act. Such regulations shall be adopted by ordinance and may contain wholly different requirements than those governing the approval of preliminary and final plats of subdivisions and may require surveys and monumentations and shall require filing of a short plat, or alteration or vacation thereof, for record in the office of the county auditor: PROVIDED, That such regulations must contain a requirement that land in short subdivisions may not be further divided in any manner within a period of five years without the filing of a final plat: PROVIDED FURTHER, That such regulations are not required to contain a penalty clause as provided in RCW 36.32.120 and may provide for wholly injunctive relief.

NEW SECTION. Sec. 4. The following acts or parts of acts are each repealed:

(1) Section 1, chapter 114, Laws of 1953 and RCW 58.11.010;

(2) Section 2, page 27, Laws of 1857, section 2, page 432, Laws of 1862, section 2, page 410, Laws of 1869, section 2334, Code of 1881 and RCW 58.11.020;

(3) Section 3, page 27, Laws of 1857, section 3, page 433, Laws of 1862, section 3, page 410, Laws of 1869, section 2335, Code of 1881 and RCW 58.11.030;

(4) Section 2336, Code of 1881 and RCW 58.11.040;

(5) Section 5, page 28, Laws of 1857, section 5, page 433, Laws of 1862, section 5, page 411, Laws of 1869, section 2337, Code of 1881 and RCW 58.11.050;

(6) Section 1, chapter 92, Laws of 1903, section 1, chapter 139, Laws of 1927 and RCW 58.12.010;

(7) Section 2, chapter 92, Laws of 1903 and RCW 58.12.020;

(8) Section 3, chapter 92, Laws of 1903 and RCW 58.12.030;

(9) Section 4, chapter 92, Laws of 1903 and RCW 58.12.040;

(10) Section 5, chapter 92, Laws of 1903 and RCW 58.12.050;

(11) Section 6, chapter 92, Laws of 1903, section 1, chapter 136, Laws of 1909 and RCW 58.12.060;

(12) Section 7, chapter 92, Laws of 1903 and RCW 58.12.065;

(13) Section 8, chapter 92, Laws of 1903 and RCW 58.12.070; and

(14) Section 9, chapter 92, Laws of 1903 and RCW 58.12.080.