Urban Growth Areas. Under the Growth Management Act (GMA), counties that fully plan must designate urban growth areas (UGAs) within which urban growth must be encouraged and outside of which growth can occur only if it is not urban in nature. Planning jurisdictions must include within their UGAs sufficient areas and densities to accommodate a 20-year population projection range provided by the Office of Financial Management. Cities must include sufficient areas to accommodate the broad range of needs and uses that will accompany the projected urban growth, including as appropriate, medical, governmental, institutional, commercial, service, retail, and other nonresidential uses. Each city located within a planning county must be included within a UGA.
Annexation of Territory Within Urban Growth Areas. The legislative body of a county, city, or town planning under the GMA is authorized to initiate an annexation process for unincorporated territory by adopting a resolution commencing negotiations for an interlocal agreement between a county and any city or town within that county. The territory proposed for annexation must meet the following criteria:
The interlocal agreement must describe the boundaries of the territory to be annexed and a public hearing must be held by each legislative body. Following adoption and execution of the agreement by both legislative bodies, the city or town legislative body must adopt an ordinance providing for the annexation. The annexation ordinance is subject to referendum for 45 days after passage.
Annexation Sales and Use Tax Credit. Any city within a county with a population greater than 600,000 that annexes an area may impose a sales and use tax in addition to other authorized taxes collected. The tax may only be imposed by a city if:
The tax is a credit against the state sales and use tax. The Department of Revenue must collect the taxes on behalf of the city, at no cost to the city, and must remit the tax to the city.
The maximum rate that may be imposed by a city is:
Maximum cumulative rates are specified. All revenue collected may be used solely to provide, maintain, and operate municipal services for the annexation area. The revenues may not exceed revenue necessary to equal to the difference between the city's cost to provide, maintain, and operate municipal services for the annexation area and the general revenues that the cities would otherwise expect to receive from the annexation during a year. If the revenues exceed the costs to the city to provide municipal services for the annexation area during a given year, the city must notify the Department of Revenue and the tax distributions must be suspended for the remainder of the year.
Annexation of Territory Within Urban Growth Areas. If an interlocal agreement is used for a sales and use tax credit for annexed areas, the interlocal agreement must address:
Annexation Sales and Use Tax Credit. The requirement that a city be within a county with a population of at least 600,000 to impose the tax is removed. The requirement that an annexation area must have a population of at least 10,000, and in some circumstances 4,000, to impose the tax is removed. The timeline for commencing annexation prior to January 1, 2015, to be eligible for the tax credit is removed. A city may not begin to impose the authorized tax after July 1, 2028. To impose the tax, a city must have entered into an interlocal agreement with the county regarding the proposed annexation area.
The maximum levy amount that may be imposed based on population is changed to:
Maximum cumulative rates and other requirements related to an annexed area with a population over 16,000 if the area was, prior to November 1, 2008, officially designated as a potential annexation area by more than one city, if at least one of those cities has a population over 400,000, are removed.