WSR 97-21-122

ATTORNEY GENERAL'S OFFICE

[Filed October 21, 1997, 11:15 a.m.]

The Washington Attorney General issues formal published opinions in response to requests by the heads of state agencies, state legislators, and county prosecuting attorneys. When it appears that individuals outside the Attorney General's Office have information or expertise that will assist in the preparation of a particular opinion, a summary of that opinion request will be published in the state register. If you are interested in commenting on a request listed in this volume of the register, you should notify the Attorney General's Office of your interest by November 12, 1997. This is not the due date by which comments must be received. However, if you do not notify the Attorney General's Office of your interest in commenting on an opinion request by November 12, 1997, the opinion may be issued before your comments have been received. You may notify the Attorney General's Office of your intention to comment by calling (360) 753-2678, or by writing to the Solicitor General, Office of the Attorney General, P.O. Box 40100, Olympia, WA 98504-0100. When you notify the office of your intention to comment, you will be provided with a copy of the opinion request in which you are interested; information about the Attorney General's Opinion process; information on how to submit your comments; and a due date by which your comments must be received to ensure that they are fully considered.

The Attorney General's Office seeks public input on the following opinion request(s).

97-10-04 Request by David Skeen

Jefferson County Prosecuting Attorney

1. Do the requirements of RCW 36.70A apply to land platted or subdivided under RCW 58.16 and 58.17 prior to July 1, 1990?

2. If the answer to Question #1 is yes, is a county required to treat an existing subdivision, parcel or lot as valid, without requiring further regulation to develop pursuant to RCW 58.16, 58.17 or applicable county or state regulations relating to density?

3. Do the requirements of the GMA, codified as RCW 36.70A, and as amended in 1997 by ESB 6094, which require counties to include in their Comprehensive Plans a Rural Element which establishes appropriate rural densities that preserve the rural character and that do not contribute to rural sprawl, apply to lands platted or subdivided prior to July 1, 1990?

4. If the answer to Question #3 is yes, is a county required to treat a subdivision, parcel or lot that meets minimum health standards and other county regulations, but which does not meet current density requirements, as a legal, developable lot of record pursuant to RCW 58.17?