SENATE BILL REPORT

SB 5489

BYSenators McCaslin, DeJarnatt and Thorsness

Clarifying the filing requirements of short subdivision surveys.

Senate Committee on Governmental Operations

Senate Hearing Date(s):February 13, 1989; February 14, 1989

Majority Report:  Do pass.

      Signed by Senators McCaslin, Chairman; DeJarnatt, Sutherland.

Senate Staff:Sam Thompson (786-7754); Eugene Green (786-7405)

                  March 9, 1989

AS PASSED SENATE, MARCH 8, 1989

BACKGROUND:

A survey is required for the approval of a subdivision.  A survey is not required under state law for the approval of a short subdivision (division of land into four or fewer lots) but many counties and cities have required surveys for short subdivisions by local ordinance.  Ordinances that require short subdivision surveys must require the surveys to be completed and filed with the application for approval.  It is suggested that a survey should not be required until it is known that the short subdivision will be approved.

The final step in the approval of a subdivision is the recording of a final plat (the drawing showing the layout of the subdivision) with the county auditor.  A local jurisdiction may provide that a short subdivision is not finally approved until a short plat (a drawing of the short subdivision) is recorded.

An offer to sell, lease or transfer ownership of a lot within a subdivision for which a final plat is not recorded is prohibited and is a gross misdemeanor.  On the other hand, offers or agreements to sell, lease or transfer ownership of such lots are not prohibited if they are conditioned upon the recording of a final plat, and the money is held in escrow until final approval.

SUMMARY:

A local ordinance that requires a survey for approval of a short subdivision must require the survey to be completed and filed at the time of the filing of the approved short subdivision with the county auditor.

Offers or agreements to sell, lease or transfer ownership of lots within a short subdivision prior to final approval are permissible if the offer or agreement is conditioned upon the recording of a short plat, and the money is held in escrow until the short plat is recorded.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Senate Committee - Testified: Nick Adams and Tom McCabe, Washington Association of Realtors (pro)