skip navigation
MRSC logo

Have a Research Question?

Ask MRSC

Have a Research Question?

Ask MRSC

Landlord/Seller Disclosure Requirements

This page list summaries of and links to all requirements imposed by cities, towns, and counties in Washington State upon landlords or sellers of real property, pursuant to EHB 2971 (passed in 2016).

Overview

Pursuant to EHB 2971, passed by the 2016 state legislature and codified at RCW 64.06.080 and RCW 43.110.030(2)(e), MRSC is directed to provide the following on its website:

  • A summary of all requirements imposed by cities, towns, and counties on landlords or sellers of real property to provide information to a buyer or tenant "pertaining to the subject property or to the surrounding area"; and
  • An internet link to the ordinances, resolutions, or policies imposing those requirements.

Accordingly, affected cities, towns, and counties should provide to MRSC, via email to Gabrielle Nicas, for posting on this webpage the following information:

  1. A summary of any pertinent ordinance, resolution, or policy that impose requirements on sellers or landlords to disclose designated information to purchasers or renters; and
  2. An internet link to the ordinance, resolution, or policy.

Because the jurisdictions subject to this legislation are in the best position to provide accurate and complete summaries of requirements imposed by their adopted ordinances, resolutions, and policies, MRSC is asking that they provide to MRSC such summaries of, and internet links to, their applicable ordinances, resolutions, and policies.

Further information concerning these requirements can be found in the MRSC blog post, Recent Legislative Changes to Landlord/Seller Disclosure Requirements.

Deadlines for Posting

For ordinances, resolutions, or policies that existed as of June 9, 2016:

  • EHB 2971 requires that those ordinances, resolutions, and policies, along with a summary and an internet link, be posted on MRSC’s website by September 9, 2016 (which is 90 days after the effective date of the legislation), or they shall “cease to be in effect."

For ordinances, resolutions, or policies adopted after June 9, 2016:

  • Any such ordinance, resolution, or policy that a city, town, or county adopts after June 9, 2016 must be provided to MRSC, along with the summaries and internet links described above, and posted by MRSC before it can be effective.

Ordinances, Resolutions, and Policies by Jurisdiction

The following cities, towns, and counties have provided to MRSC information on their relevant ordinances, resolutions, and policies, as required by EHB 2971. It is up to each jurisdiction to make sure that the summaries of, and internet links to, their relevant ordinances, resolutions, and policies remain up-to-date. So, all cities, towns, and counties that have previously posted relevant documents on this webpage should review their posted information and modify it accordingly if their information does not include summaries and links, as now required by EHB 2971. Any updates or new information can be sent to us via email at [email protected].

Airway Heights

The City of Airway Heights has adopted Airway Heights Municipal Code (AHMC) 17.16, JLUS Protections for Fairchild Air Force Base, which requires notification of military aviation activity in the airspace over the City. Also, residential properties that are located within the City’s adopted sound contours that exceed 65 DnL, as shown on the City’s adopted Zoning Map, must provide navigation easements over the property. This overlay also limits some of the uses allowed in the underlying zoning, as well.

Auburn

  • Ordinance No. 6084 (2007) - An Ordinance of the City Council of the City of Auburn, Washington, Adding a New Chapter 13.52 to the Auburn City Code and Amending Section 13.06.210 of the City Code Prohibiting Deceptive and Fraudulent Practices Related to Third Party Billing for Master Metered or Other Un-Metered Utility Services Provided to Multl-Family and Multl-Dwelling Unit Buildings
  • Ordinance No. 5882 (2005) - An Ordinance of the City Council of the City of Auburn, Washington, amending Chapter 5.22 of the Auburn City Code, and providing for residential housing business license and crime free strategies and fees

Bellingham

  • Ordinance No. 2015-03-005 (2015) – An Ordinance of the City of Bellingham, Washington Relating to Residential Rental Registration, Safety Inspection, and Code Compliance and Adding a New Chapter 6.15 to the Bellingham Municipal Code

Clallam County

  • Clallam County Code, Title 13 Water/Sewers, 13.12 Carlsborg Sewer System
    13.12.040(1) Connection required.
    The following sewer system connection requirements shall apply to properties in the Carlsborg UGA:
    (1) Once the Carlsborg sewer system is installed and operational, properties with existing septic systems that are within 200 feet of a sewer main or sub-main (as measured along the usual or most feasible route of access as determined by the Director) shall be required to connect to the Carlsborg sewer system within one year of the date of change of ownership.
  • Clallam County Code, Title 20 Code Compliance, 2012 Voluntary Compliance Agreements
    20.12.010(5) Authority and effect
    (5) By entering into a voluntary compliance agreement, the person responsible for code compliance admits that the conditions described in the voluntary compliance agreement exist and constitute a civil code violation, and acknowledges that, if the Director determines that the terms of the voluntary compliance agreement have not been met, (s)he may be liable for any remedy authorized by this title.
  • Clallam County Code, Title 27 Environment, 27.10 Right to Practice Forestry, Mining and Agriculture
    27.10.020(1)(b) Disclosure.
    (1) The statement set forth in subsection (2) of this section, Disclosure, shall be used under the following circumstances and in the following manners:
    (b)Prior to recording the transfer of real property by sale, exchange, gift, real estate contract, lease with an option to purchase, any other option to purchase, or any other means of transfer, a statement containing the language set forth in subsection (2) shall be recorded in the County Auditor’s office in conjunction with the deed conveying the real property; provided, however, that the real property includes or is within 600 feet of real property zoned as a Commercial Forest Zone, Commercial Forest/residential Mixed Zone. Agricultural Cluster Zone, any other Forestry Zone or as designated mineral resource site as set forth in CCC Title 33.
    (2) Disclosure. The following shall constitute the disclosure required by this section:
    If your real property is within 600 feet of property used for forestry, mining or agricultural operations or included within an area zoned for forestry or agricultural purposes or as a designated mining site, you may be subject to inconveniences or discomforts arising from such operations, INCLUDING BUT NOT LIMITED TO NOISE, TREE REMOVAL, ODORS, INSECTS, FUMES, DUST, SMOKE, THE OPERATION OF MACHINERY OF ANY KIND DURING ANY 24 HOUR PERIOD (INCLUDING AIRCRAFT), THE STORAGE AND DISPOSAL OF MANURE, AND THE APPLICATION BY SPRAYING OR OTHERWISE OF CHEMICAL FERTILIZERS, SOIL AMENDMENTS, HERBICIDES AND PASTICIDES. Clallam County has determined that the use of real property for forestry, mining or agricultural operations is a high priority and favored use to the County and will not consider to be a nuisance those inconveniences or discomforts arising from forestry, mining or agricultural operations, if such operations are consistent with commonly accepted best management practices and comply with local, State and Federal laws. HOWEVER, THOSE ACTIVITIES WHICH ARE NOT RELATED TO NORMAL FORESTRY, MINING OR AGRICULTURAL OPERATIONS OR WHICH DO NOT FOLLOW BEST MANAGEMENT PRACTICES, AS DEFINED IN THE FOREST PRACTICES ACT, THE SURFACE MINING ACT OR THE CLALLAM COUNTY CONSERVATION DISTRICT FOR AGRICULTURAL PRACTICES, ARE NOT PROTECTED UNDER THE PROVISIONS OF THIS ORDINANCE.
  • Clallam County Code, Title 27 Environment, 27.12 Critical Areas
    27.12.215(9) Protection standards for regulated wetlands.
    The following standards for the protection of regulated wetlands and buffers shall be required for any development within 200 feet of a regulated wetland.
    (9) Notice to Title. Any property on which a development proposal is submitted shall have filed with the Clallam County Auditor: (i) a notice to title of the presence of the critical area or buffer, (ii) a statement as to the applicability of this chapter to the property, and (iii) a statement describing possible limitations on actions in or affecting such areas or buffers as approved by the Administrator. Clallam County shall record such documents and will provide a copy of the recorded notice to the property owner of record. Development proposals which are also defined as normal repair and maintenance of existing structures or developments, including but not limited to: roof repair, interior remodeling, wood stove permits, etc., and on-site sewage disposal systems repairs or replacement, are exempt from this requirement.
  • Clallam County Code, Title 27 Environment, 27.12 Critical Areas
    27.12.315(11) Protection standards for aquatic habitat conservation areas.
    Those regulated uses identified in this subsection within the jurisdiction of designated aquatic habitat conservation areas shall comply with the performance standards outlined in this section:
    (11) Notice to Title. Any property on which a development proposal is submitted shall have filed with the Clallam County Auditor: (a) a notice to title of the presence of the critical area or buffer, (b) a statement as to the applicability of this chapter to the property, and (c) a statement describing possible limitations on actions in or affecting such areas or buffers as approved by the Administrator. Clallam County shall record such documents and will provide a copy of the recorded notice to the property owner of record. Development proposals which are also defined as normal repair and maintenance of existing structures or developments, including but not limited to: roof repair, interior remodeling, wood stove permits, etc., and on-site sewage disposal systems repairs or replacement, are exempt from this requirement.
  • Clallam County Code, Title 27 Environment, 27.12 Critical Areas
    27.12.320(4) Protection standards for Class I wildlife habitat conservation areas.
    (4) Notice to Title. Any property on which a development proposal is submitted shall have filed with the Clallam County Auditor: (a) a notice to title of the presence of the critical area or buffer, (b) a statement as to the applicability of this chapter to the property, and (c) a statement describing possible limitations on actions in or affecting such areas or buffers as approved by the Administrator. Clallam County shall record such documents and will provide a copy of the recorded notice to the property owner of record. Development proposals which are also defined as normal repair and maintenance of existing structures or developments, including but not limited to: roof repair, interior remodeling, wood stove permits, etc., and on-site sewage disposal systems repairs or replacement, are exempt from this requirement. Applies to: wetlands, aquatic habitat conservation areas, Class I wildlife conservation areas, landslide hazards, and frequently flooded areas.
  • Clallam County Code, Title 27 Environment, 27.12 Critical Areas
    27.12.415(5) Landslide hazard protection standards.
    All development within the jurisdiction of designated landslide hazard areas shall adhere to the following standards:
    (5) Notice to Title. Any property on which a development proposal is submitted shall have filed with the Clallam County Auditor: (a) a notice to title of the presence of the critical area or buffer, (b) a statement as to the applicability of this chapter to the property, and (c) a statement describing possible limitations on actions in or affecting such areas or buffers as approved by the Administrator. Clallam County shall record such documents and will provide a copy of the recorded notice to the property owner of record. Development proposals which are also defined as normal repair and maintenance of existing structures or developments, including but not limited to: roof repair, interior remodeling, wood stove permits, etc., and on-site sewage disposal systems repairs or replacement, are exempt from this requirement.
  • Clallam County Code, Title 27 Environment, 27.12 Critical Areas
    27.12.515(5) Protection standards for certain development proposals.
    All development within designated frequently flooded areas shall be in compliance with the Clallam County Construction Code, Chapter 21.01 CCC, as amended, in addition to the following:
    (5) Notice to Title. Any property on which a development proposal is submitted shall have filed with the Clallam County Auditor: (a) a notice to title of the presence of the critical area or buffer, (b) a statement as to the applicability of this chapter to the property, and (c) a statement describing possible limitations on actions in or affecting such areas or buffers as approved by the Administrator. Clallam County shall record such documents and will provide a copy of the recorded notice to the property owner of record. Development proposals which are also defined as normal repair and maintenance of existing structures or developments, including but not limited to: roof repair, interior remodeling, wood stove permits, etc., and on-site sewage disposal systems repairs or replacement, are exempt from this requirement.
  • Clallam County Code, Title 33 Zoning, 33.26 Transfer of Development Rights
    33.26.040 Certification and transfer of transferable development rights.
    (1) Application for Certification of Number of Transferable Development Rights.
    (a) Clallam County Department of Community Development shall issue a certification of the number of transferable development rights on the sending area parcel and serially numbered individual certificates for each transferable development right credited to that parcel upon satisfactory application for certification of transferable development rights (TDRs) by the sending area parcel owner. The issuance of TDR certificates shall be recorded in the chain of title for the subject property.
    (b) An application shall contain such information as deemed necessary to verify parcel size and existing uses as a basis for certifying the number of development rights. This information shall include:
    (i) A map of the proposed sending area parcel based on a survey if available or a map prepared in a professional manner on an assessor’s map of the parcel if no recent survey is available.
    (ii) Legal description and parcel numbers of the sending area parcel.
    (iii) A copy of the deed showing that the applicant is the owner of the subject sending area parcel.
    (iv) Number of housing units existing on the subject sending area parcel.
    (v) A review fee as may be prescribed by the Board of Clallam County Commissioners.
    (2) Transfer of Development Rights (TDR) Easement. In order to validly convey the transferable development rights certified on a sending area parcel, a TDR easement shall be signed between the owner of the sending area parcel and Clallam County and recorded with the Clallam County Auditor. To validly retain the transferable development rights which have been certified on a sending area parcel when an original owner sells such parcel, a TDR easement shall be signed by the purchaser of the subject parcel and Clallam County and recorded with the Clallam County Auditor. The TDR easement shall be on a form approved by the Board of Clallam County Commissioners and shall contain the following provisions:
    (a) All of the serial numbers of the transferable development rights which have been certified by Clallam County Department of Community Development on the sending area parcel which is the subject of the TDR easement.
    (b) A covenant on the sending area parcel that it may be developed or subdivided for residential purposes as authorized by the underlying zone only if transferable development rights have been reserved for each dwelling to be constructed on the subject property prior to subdivision on the sending area parcel. If subdivision is not required, a transferable development right shall be reserved prior to construction of any single-family dwelling. The covenant shall also state that any use of the parcel remains subject to the provisions of CCC Title 33 at the time the TDR easement is signed. A reserved transferable development right must be attached to a legal lot by a document of attachment in order for a single family dwelling as defined in CCC Title 33 to be built. These reserved transferable development rights can be used only on the original sending area parcel or its legal subdivisions.
    (c) A covenant that all provisions of the TDR easement shall run with and bind the sending area parcel in perpetuity and shall be enforced by the Board of Clallam County Commissioners.
    (d) A statement that nothing in the restrictions shall be construed to convey to the public a right of access or use of the property and that the owner of the property, his/her heirs, successors and assigns shall retain exclusive right to such access or use subject to the terms of the TDR easement.
    (e) If only a portion of the transferable develop rights of a parcel in a Very Low Density/Open Space zoning district or an Open Space Overlay Corridor are being transferred, then a survey map of the entire parcel must be recorded with the Clallam County Auditor. The map must show the actual area on the parcel within a Very Low Density/Open Space zoning district or an Open Space Overlay Corridor which is being protected by the transfer of development rights. That portion of the parcel protected by a TDR easement shall contain a statement that all residential development rights have been removed from this portion of the parcel and that only those limited agricultural or limited forestry uses listed in the underlying zoning district or as further limited by the Critical Areas Code shall be allowed.
    (3) Deed of Transfer
    (a) The certified transferable development rights shall be sold or otherwise conveyed only by means of a deed of transfer, the form and content of which is prescribed by the Board of Clallam County Commissioners and approved by the Clallam County Prosecuting Attorney. This deed must be recorded with the Clallam County Auditor and appear in the chain of title of the parcel from which the development right(s) have been transferred.
    (b) The deed of transfer shall specify the number of transferable development rights sold or otherwise conveyed and shall only be valid when recorded along with the appropriate TDR easement on the subject property, signed by the owner of the sending area parcel and Clallam County, containing the provisions established by the Board of Clallam County Commissioners for such a document.
    (c) Contents. A deed of transfer shall contain:
    (i) A legal description and map of the sending area parcel(s).
    (ii) A covenant that all provisions of the deed of transfer shall run with and bind the sending area parcel and shall be enforced by the Board of Clallam County Commissioners;
    (iii) The names of the transferor and the transferee;
    (iv) A covenant that the transferor grants and assigns to the transferee a specified number of development rights from the sending area parcel;
    (v) Proof of ownership of the sending area parcel;
    (vi)If the transferor is not the owner of the sending area parcel, a statement that the transfer is (1) an original transfer, including a description of the reason for such (e.g., where an original owner sold the sending area parcel but retained the development rights), or (2) an intermediate transfer of development rights derived from another receiving area parcel with unused development rights or from a sending area parcel described in an original instrument of transfer, identified by its date, the names of the original transferor and transferee and the volume and page where it was recorded by the Clallam County Auditor;
    (vii) A covenant by which the transferor acknowledges that he/she has no further use or right of use with respect to the development rights being transferred;
    (viii) The certification of the number of transferable development rights on the sending area parcel and copies of the appropriate certificates of those rights issued by the Clallam County Department of Community Development as required by Chapter 23.26 CCC;
    (ix) Payment of required excise tax and recording fees on the transaction;
    (x) Proof of the execution and recordation of a TDR easement on the subject sending area parcel; and
    (xi) The signature of the Clallam County Department of Community Development staff member who has reviewed the document for completeness.
    (4) Responsibility. The transferor and the transferee named in an instrument of transfer shall have the responsibility to supply the information required by this section, to provide a proper instrument of transfer and to pay all costs of its recordation, in addition to any other fees required by this section.
    (5) Intermediate Transfer. Transferable development rights may be transferred to an intermediate transferor or broker before they are used and held for a period of time before they are used on a receiving area parcel. In the case of an intermediate transfer, the transferable development rights shall still be considered to be appurtenant to the sending area parcel until the time they are actually attached to a receiving area parcel. The value of an intermediate transferable development right shall be tracked separately from the rest of the parcel value and taxes due for this value shall be paid by the owner of the transferable development right.
  • Clallam County Code, Title 33 Zoning, 33.26 Transfer of Development Rights
    33.26.050 Effect of the transfer of development rights.
    After development rights have been transferred from a property in the sending area, the following shall apply:
    (1) The agricultural sending area parcel may be used only for agricultural uses, as defined and permitted in Chapter 33.07 CCC (Agricultural Retention district), except that subdivision for residential purposes, including a farm residence, as authorized by the underlying zone shall be permitted only if transferable development rights have been reserved for each dwelling to be constructed on the subject property prior to subdivision. That portion of the critical area sending area parcel protected by a TDR easement may be used only for agricultural or forestry related uses, as defined and permitted in the underlying zoning district, except that subdivision for residential purposes or other uses authorized by the underlying zone shall be permitted outside the Very Low Density/Open Space zoning district or an Open Space Overlay Corridor portion of the parcel only if transferable development rights have been reserved for each dwelling to be constructed on the subject property prior to subdivision. If subdivision is not required, a transferable development right shall be reserved prior to construction of any single-family dwelling. A reserved transferable development right may be used to construct a single-family dwelling only if it has been attached by a document of attachment to a legal lot. These reserved transferable development rights may be used only on the original sending area parcel or its legal subdivisions.
    (2) All certified transferable development rights and the value of such rights shall be deemed for all other purposes to be appurtenant to the sending area parcel until such rights are transferred by a recorded deed of transfer. The value of an intermediate transferable development right shall be tracked separately from the rest of the parcel value and taxes due for this value shall be paid by the owner of the intermediate transferable development right.
    (3) Nothing in such restrictions shall be construed to convey to the public a right of access or use of the property; the owner of the property, his/her heirs, successors and assigns shall retain exclusive right to such access or use subject to the terms of the TDR easement.
    (4) An unused transferable development right may be shifted from one receiving area parcel to another receiving area parcel upon execution of a deed of transfer and recorded exchange of transferable development rights certificates.
  •  Clallam County Code, Title 41 Board of Health Regulations, 41.20 On-Site Sewage System
    41.20.190 Report of system status required at time of transfer of ownership.
    (1) At the time of property transfer, the property owner shall provide to the buyer a copy of the current system status report performed within 12 months of the property transfer by a licenses designer or licensed OSS maintenance provider.
    (2) The property owner shall ensure that a current report of system status is on file with Environmental Health Services when the property changes ownership.

Coupeville

  • Ordinance No. 671 (2008) – An Ordinance adopting Shoreline Master Program, Critical Areas Regulations and Flood Damage Prevention Regulations.
  • Ordinance No. 692 (2011) – An Ordinance regarding Ebey's National Historic Reserve Design Guidelines.

Cowlitz County

  • CCC 5.10.240, ORD 2000
    Prohibits music festivals in proximity to schoolhouses, churches and residences.
  • CCC 6.12.090, ORD 94-027
    Dog control zones may be established by petition and properties subject to additional requirements.
  • CCC 11.36.070.D, ORD 99-207
    Requires easement for private roadways
  • CCC 11.36.070.O, ORD 99-207
    Private maintenance covenant for private road recorded with Auditors Office.
  • CCC 15.16.080, ORD 99-067
    Latecomer agreement area for utility system improvements recorded with Auditor’s Office binding on owners of record.
  • CCC 15.38.120, ORD 93-210
    Duty of owner to notify that a property has been used to store, use or handle hazardous chemicals.
  • CCC 15.42.160, ORD 09-141
    Current OSS O&M inspection is required at the time of property transfer. >
  • CCC 17.20, ORD 99-146
    Requires moratorium as a result of non-conversion timber harvest.
  • CCC 18.10, ORD 5848
    Establishes land use districts.
  • CCC 18.52.060.F.4, ORD 95-078
    Contract required for compliance with current use assessment approval.
  • CCC 18.56.120, ORD 98-194
    Final binding site plan recorded with Auditor’s Office. Rules and regulations for management of employees and guests required.
  • CCC 18.64.130, ORD 97-044
    Final binding site plan recorded with Auditor’s Office.
  • CCC 18.70.110, ORD 13-104
    Requires notification to County if abandonment or discontinuance of facility is proposed.
  • CCC 18.42.140, ORD 5942
    Requires final site plan recorded with Auditor’s Office.
  • CCC 18.10.585, ORD 10-048
    Requires deed restriction recorded with Auditor’s Office for owner-occupancy.
  • CCC 18.30.310.F, ORD 84-238
    Requires recording of restrictions, easements, covenants and agreements that pertain to a planned unit development.
  • CCC 18.30.400.C, ORD 84-238
    Pertains to establishment of a homeowners association and declaration of covenants and restrictions for a planned unit development.
  • CCC 18.32.350, ORD 81-499
    Provides requirements for Homeowners’ Associations in Urban Subdivisions.
  • CCC 18.34.070.3, ORD 13-009
    Requires easements be recorded and identified on the recorded short subdivision.
  • CCC 18.34.070.5.b, ORD 13-009
    Requires recording of easements associated with water availability.
  • CCC 18.34.070.5.c, ORD 13-009
    Requires easement when 100-foot radius source protection area surrounding new wellhead in short plat extends off-site.
  • CCC 18.34.150.A.11, ORD 13-009
    Requires specific notes be recorded on the face of the short plat.
  • CCC 18.38.120.D, ORD 98-007
    Requires road maintenance agreement recorded on final plat for all lots within large lot subdivision served by private road.
  • CCC 18.38.130.E, ORD 98-007
    For large lot subdivisions, prohibits wells within 100 feet of septic drainfield. Note recorded on face of plat.
  • CCC 18.38.130.F, ORD 98-007
    Note on face of plat that additional fire safety measures may be required when large lot subdivision is within area of high or extreme fire hazard. Note recorded on face of plat.
  • CCC 18.38.130.G, ORD 98-007
    Notes emergency fire response or medical assistance may be delayed or not available when large lot subdivision is outside fire district. Note recorded on face of plat.
  • CCC 18.38.130.K, ORD 98-007
    Provides specific notes to be recorded on face of plat.
  • CCC 18.50.070.B.2, ORD 80-154
    Requires note on rural subdivision plat warning that Cowlitz County has no responsibility for private roads.
  • CCC 18.50.070.B.6, ORD 80-154
    Requires maintenance agreement for rural subdivisions containing private roads.
  • CCC 18.50.140.A.7, ORD 80-154
    Requires note on rural subdivision plat warning that Cowlitz County has no responsibility for private roads.
  • CCC 18.50.140.A.8, ORD 80-154
    Requires note on final rural subdivision restricting future subdivision.
  • CCC 19.15.170.E.4, ORD 09-065
    Acknowledgement of offsite mitigation impacts to property owners recorded with Auditors Office.
  • CCC 19.15.170.080.C, ORD 09-065
    Provides for establishment of conservation easement for non-development of critical areas.
  • CCC 19.15.120.C.4.d.2, ORD09-065
    Establishes habitat corridors as mitigation option, where recorded in a covenant or easement.
  • CCC 19.15.150.F, ORD09-065
    Requires subdivisions recorded in volcanic hazard zones to note they are located in a volcanic hazard zone on face of the plat.
  • CCC 19.15.180.D, ORD09-065
    Deed Restrictions or Covenants, Codes and Restrictions, Conservation Tracts, and/or Financial Guarantees may be required for subdivisions and short subdivisions within Critical Areas
  • CCC 19.15.170.J, ORD09-065
    Deed restrictions and/or financial guarantees may be part of critical areas mitigation plan.

Enumclaw

  • Municipal Code Ch. 16.10 - Property Maintenance Code

Everett

The requirements listed below are brief summaries only. You must read the relevant ordinance or policy to understand the scope and extent of the notice/disclosure obligation as well as other requirements of the ordinance or policy.

  • Policies
    • Marine Port Element of the Comprehensive Plan - Policy 11.1.8 - Allows City to require notice on the title of new residential and mixed-use construction of potential port impacts.
    • Land Use Element of Comprehensive Plan – Policy 2.11.7 - Allows City to require notice on the title of new or substantial redevelopment of impacts of airport.
  • Ordinances
    • EMC 3.78.070.D.7.c (Most recent ordinance: 3434-15) - Requires property owner to record a covenant when on-site parking is located on a parcel contiguous to the primary property.
    • EMC chapter 3.84 (Most recent ordinance: 2974-07) – Pertains to the processes and procedures the City follows when selling or leasing City-owned property.
    • EMC 13.28. 140 (Most recent ordinance 2793) – Requires a covenant when erecting and/or maintaining stairs or a stairway over, upon, or under any sidewalk.
    • EMC 13.68.020 (Most recent ordinance: 793-81) – When the City requires improvements to public streets and alleys in conjunction with the issuance of a building permit, it may approve lesser interim improvements under certain circumstances. In that event, recording a Local Improvement District Covenant is required.
    • EMC 16.16.050 C-D (Most recent ordinance: 3127-09) – Requires notice that a property is registered as a “vacant commercial space” be recorded with auditor and notice posted in window of vacant commercial space to notify potential tenants, lessees, renters, or buyers that the space is registered with the City of Everett and may not comply with all City codes.
    • EMC 16.72.040 (Most recent ordinance: 3390-14) – Requires property owner to record a covenant committing the use of the property to low income housing.
    • EMC 18.28.080.K.1-2 (Most recent ordinance: 3378-14) – Requires recording of a covenants regarding homeowners landscaping maintenance responsibilities in common areas and on lots.
    • EMC 18.44.060 (Most recent ordinance: 3396-14) – Requires property owner to record a covenant committing use of property to low-income housing to be eligible for school impact fee exemptions.
    • EMC 19.7.020.J.2 and EMC 19.7.020.M.5 (Most recent ordinance: 3066-08) – Requires property owners to record covenants relating to restrictions of accessory dwelling unit.
    • EMC 19.15A.100 (Most recent ordinance: 3377-14) – Requires recording of a covenant regarding responsibilities of homeowners’ association in unit lot subdivisions.
    • EMC 19.16.040.C (Most recent ordinance: 2538-01) – Requires recording of covenant acknowledging limitations of government administrative offices, offices, and clinics and medical-related uses in the R-4 and R-5 C-O zones.
    • EMC 19.17.080-090 (Most recent ordinance: 3458-15) – Requires property owner developing property in airport influence area to record notice regarding impacts of living near an airport.
    • EMC 19.33D.080.15 (Most recent ordinance: 2600-02) – Requires recording of public access easements and permit conditions for developments in shoreline overlay district.
    • EMC 19.33D.550 (Most recent ordinance: 2909-06) – Requires property owner to record a covenant when environmentally sensitive areas are on the property. Failure to provide such notice is a code violation.
    • EMC 19.33H.010 (Most recent ordinance: 3078-08) – Requires property owners with an approved mobile home overlay to notify tenants if owner intends to opt out of the overlay prior to its expiration.
    • EMC 19.34.020.B.1.e (Most recent ordinance: 3340-13) – Off-street parking requirements for senior citizen housing. Requires recording covenant limiting housing units to occupancy by senior citizens.
    • EMC 19.34.060.D (Most recent ordinance: 3072-08) – Requires property owner to record a covenant when on-site parking is located on a parcel contiguous to the primary property.
    • EMC 19.37.050.B.4 (Most recent ordinance: 3457-15) – Requires recording a covenant when critical areas are on the property even if it is subject to the reasonable use exception described in EMC 19.37.050.B.1.
    • EMC 19.37.060.B.3.c.(5) (Most recent ordinance: 3323-13) – Requires recording a geologically hazardous covenant prior to cutting trees on a hazardous slope.
    • EMC 19.37.060.B.c.(8) (Most recent ordinance: 3323-13) – Requires recording a covenant when cutting trees within a critical area.
    • EMC 19.37.080.D.1.a-b (Most recent ordinance: 2909-06) – Requires recording covenants related to geologically hazardous areas.
    • EMC 19.37.120.F. (Most recent ordinance: 3457-15) – Requires recording a covenant regarding wetlands and associated buffers on development sites.
    • EMC 19.37.150.I (Most recent ordinance: 2909-06) – Requires recording a covenant regarding lakes and ponds and associated buffers on development sites.
    • EMC 19.37.180.G. (Most recent ordinance: 2909-06) – Requires recording a covenant regarding streams and associated buffers on development sites.
    • EMC 19.37.190.D.5 (Most recent ordinance: 3457-15) – Requires recording a covenant regarding fish and wildlife habitat conservation areas and associated buffers.
    • EMC 19.37.220 (Most recent ordinance: 2909-06) – Requires property owner to record a covenant when critical areas are on the property. Failure to provide such notice is a code violation.
    • EMC 19.39.020 (Most recent ordinance: 2720-03) – Requires property owner to record a covenant regarding accessory dwelling unit restrictions. The covenant must require the seller to notify a prospective buyer of the limitations on the accessory dwelling unit.
    • EMC 19.41.165 (Most recent ordinance: 2601-02) – requires recording a covenant regarding performance agreement rezones and associated restrictions and conditions.

Grant County

  • County Code Sec. 23.04.080 Right to Farm/Mineral Land Protection Provisions
  • Ordinance No. 2000-114-CC (2000) - An Ordinance Relating to Adoption of a Unified Development Code for Grant County in Accordance with the Washington State Growth Management Act (RCW 36.70A) and the State Environmental Policy Act (SEPA, Chapter 43.21.C RCW); and Rescinding Conflicting Ordinances, Resolutions and Codes.

Grays Harbor County

  • Ordinance No. 403 (2012) - An Ordinance Amending the Grays Harbor County Code to Add a New Chapter to Title 8 of the Grays Harbor County Code Regarding Right to Farm and Practice Forestry

Island County

  • Ordinance C-157-09 - ICC 17.03.180(C)(16) - Requires that tenants of mini-storage units be notified of a restriction prohibiting individual storage units from being used to conduct a business. Notice must be provided through a signed contract with the facility operator.
  • Ordinance C-92-98 - ICC 11.02.180 – Requires sellers and landlords to provide a disclose statement to prospective buyers or tenants of property within a geohazard area that has been the subject of a geotechnical report.
  • Ordinance C-84-11 - ICC 17.04A.200 - Requires sellers and landlords of property within Ebey’s Landing National Historical Reserve to provide notice to prospective buyers or tenants regarding design requirements within Ebey’s Reserve.
  • Ordinance C-32-92 - ICC 9.44.050 - Requires sellers and landlords of property within Airport Environs Mapped Impact Areas to provide disclosure statement to prospective buyers or tenants regarding jet noise.
  • Ordinance C-59-02 - ICC 14.01B.100 - Requires sellers and landlords of property within Airport Noise Zones 2 or 3 to provide disclosure statement regarding airport noise to prospective buyers or tenants.
  • Ordinance C-92-98 - ICC 11.01.060(A)(8) – Requires the seller of any property within development served by private roads to obtain from the purchaser and record with the auditor the purchaser's acknowledgment of the private road maintenance responsibilities and restrictions.
  • Ordinance C-72-07 - ICC 8.07D.280(A)(11) – Requires the seller, at the time of property transfer, to provide to the buyer with maintenance records, if available, in addition to the completed seller disclosure statement in accordance with Chapter 64.06 RCW for residential real property transfers.
  • Ordinance C-84-98 – ICC 16.25.040(B) – Requires sellers and landlords to include in all recorded documents concerning the transfer, by sale or lease, of property located within rural agriculture, rural forest or commercial agriculture and within 500 feet of these lands or lands designated mineral lands of long term commercial significance to contain a statement including specific disclosures.
  • Ordinance C-66-93 – ICC 13.03A.100(D) - Requires sellers and landlords to disclose in writing to buyers or tenants that fire protection is provided by alternative means.

Issaquah

  • REGARDING SEX OFFENDER ZONING
    Links: IMC 9.06 | Ord. 2428
    9.06.030 Rent or lease to sex offender in restricted area.
    No owner or lessee of real property that is located (A) outside a zoning district permitting both residential uses and siting of a secure community transition facility as shown in IMC 18.06.130, or (B) within said zoning districts and within 1,000 feet of a public or private school or day care operation shall knowingly rent, lease to, or otherwise allow to reside on said real property a person who is required to register under the Community Protection Act, RCW 9A.44.130, et seq., and who is assessed as a Level II or Level III offender. For purposes of this chapter, public or private school includes all public and private elementary schools and secondary schools including but not limited to middle schools and high schools. (Elementary No. 14 on Park Drive, as now named or as hereafter may be renamed, shall be considered an established school as of August 16, 2005.) Day care operation shall have the same meaning as set forth in IMC 18.02.060, and shall include only such operations located within the City limits.
    9.06.040 Exceptions.
    A. The prohibition in IMC 9.06.030 shall not apply to the following:
    1. An owner or lessee of real property that is located within a zoning district permitting both residential uses and siting of a secure community transition facility as shown in IMC 18.06.130, and within 1,000 feet of a public or private school or day care operation that is established after August 16, 2005, and who has rented, leased, or otherwise legally allowed to reside on said real property a person who is required to register under the Community Protection Act, RCW 9A.44.130, et seq., and who is assessed as a Level II or Level III offender; provided, however, that such exception shall not apply in the event said resident ceases to reside at the premises after the establishment of the public or private school or day care operation.
    2. An owner or operator of a secure community transition facility as defined in IMC 18.02.080.
    9.06.050 Violation.
    Any person who violates any provision of IMC 9.06.030 or 9.06.040 shall be guilty of a gross misdemeanor, and upon conviction thereof, shall be punished by a maximum penalty of a fine not to exceed $5,000 and/or by imprisonment in jail for a period not to exceed 1 year.
  • REGARDING BUSINESS LICENSE REQUIRED FOR APARTMENTS
    Links: IMC 5.02.010 | Ord. 1615
    5.02.010 Definitions.
    Except as otherwise expressly declared or clearly apparent from the context in which used, the following definitions shall be applied in construing the provisions of this chapter: A. “Person” means 1 or more natural persons of either sex, corporations, partnerships, associations or other entities capable of having an action at law brought against such entity, but shall not include employees of persons licensed pursuant to this chapter.
    B. “Business” includes all services and activities engaged in with the object of pecuniary gain, benefit or advantage to the person, or to another person or class, directly or indirectly, whether part-time or full-time, except those businesses subject to the City’s utilities tax, Chapter 5.32 IMC. For the purposes of this chapter, the owner of any apartment building or buildings containing an aggregate of 10 or more rental units located on a single or contiguous lots and the owner of any business or commercial building containing any rental units shall be considered to be engaged in a “business.”
  • REGARDING AFFORDABLE HOUSING AGREEMENT
    Links: IMC 18.21.050 | Ord. 2664
    18.21.050 Affordable housing agreement.
    A. An affordable housing agreement shall be recorded with the King County Department of Records and Elections prior to the issuance of a building permit for any development providing affordable housing pursuant to the requirements or incentives of the Issaquah Municipal Code.
    B. The recorded agreement shall be a covenant running with the land and shall be binding on the assigns, heirs and successors of the applicant.
    C. The agreement shall be in a form approved by the Director and the City Attorney and shall address price restrictions, homebuyer or tenant qualifications, affordability duration, phasing of construction, monitoring of affordability and any other topics related to the provision of the affordable housing units.
    D. The agreement may, at the sole discretion of the City, establish a monitoring fee for the affordable units. The fee shall cover the costs to the City to review and process documents to maintain compliance with income and affordability restrictions of the agreement.
    E. The City may, at its sole discretion, agree to subordinate any affordable housing regulatory agreement for the purpose of enabling the owner to obtain financing for development of the property.
  • REGARDING ACCESSORY DWELLING UNITS
    Links: IMC 18.07.450 | Most Recent Ord. 2562
    18.07.450 Accessory dwelling units (ADUs).
    …B. Review Required: An application for an ADU requires a Level 1 Review as established in the Table of Permitted Land Uses (IMC 18.06.130).
    1. Fee: The fee for an application for an ADU shall be the same as the fee required in a Home Occupation Level 1 Review.
    2. Permit: Approval of an ADU shall be subject to the applicant recording a property covenant with the King County Department of Records and Elections. A copy of the recorded information shall be returned to the Permit Center within ten (10) days of recording. A final inspection will not be granted without a copy of the information recorded with the King County Department of Records and Elections. The recorded information shall:
    a. Identify the address of the property;
    b. State that the owner(s) resides in either the principal dwelling unit or the ADU;
    c. Include a statement that the owner(s) will notify any prospective purchasers of the limitations of this chapter; and
    d. Provide for the removal of the ADU if any of the requirements of this chapter are violated.
    … C. Approval Criteria…3. Occupancy: The principal dwelling unit or the ADU must be occupied by an owner of the property or a family member of the property owner. Owner occupancy is defined, for the purposes of this section, as a property owner, as reflected in title records, who makes his or her legal residence at the site, as evidenced by filing an affidavit with the King County Department of Records and Elections and who actually resides at the site more than six (6) months out of any given calendar year.

Jefferson County

  • These requirements are not universally applicable, as they are triggered by the facts and circumstances of a specific application, proposal, submission, event or omission.
    Potential purchasers of real property in Jefferson County are encouraged to contact the County’s planning department at (360) 379-4450 and/or the County’s Environmental Health Department at (360) 385-9444. The latter department is responsible for, among other things, regulating septic systems and implementing state-wide regulations relating to potable water and wells.
  • Jefferson County Code (or “JCC”) Section 5.10.200 mandates a sign declaring a particular site to be present at the site of a sexually oriented cabaret. Such a sign would have appear on the building in question and thus might be visible to a potential purchaser.
  • JCC Section 5.10.210 mandates a sign declaring the site to be the site of a sexually oriented arcade. Such a sign would have to be present on the building in question and thus might be visible to a potential purchaser.
  • JCC Section 8.10.960(4)(e) makes all civil remedies (including a Notice to Title to be filed and recorded with the Auditor) available to Jefferson County Public Health should Public Health determine that alternative enforcement proceedings against a landowner who is violating the solid waste code are or have proven futile and only a recorded Notice to Title will serve any purpose by putting the world on notice.
  • JCC Section 8.15.080(4) requires filing and recording a Restrictive Covenant with the Auditor’s Office tying two or more lots together in order to meet the minimum land area requirements for an on-site septic system or “OSS.”
  • JCC Section 8.15.080(17) requires filing and recording an Easement with the Auditor’s Office when an OSS is not located entirely on the property originating the sewage.
  • JCC Section 8.15.090(3)(a) requires filing and recording a Restrictive Covenant which declares the maximum capacity (as measured in bedrooms) of the sewage system applied for in those circumstances where a structure includes rooms that might be used as bedrooms but are not marked as such and are not also clearly marked for a function other than bedroom, but not including one bonus room.
  • JCC Section 8.15.150(3) A Restrictive Covenant must be recorded in the land records when a parcel is served by an alternative or proprietary on-site septic system, and said Covenant must require regular and approved maintenance actions for that system.
  • JCC Section 8.15.150(8) Landowner with an approved OSS must record in the land records an approved Operations and Monitoring Agreement.
  • JCC Section 8.15.180(5)(b)(iv) authorizes the Local Health Officer to invoke and seek any legal or equitable remedy, which might include a Notice to Title for the real property of a persistent or unrepentant violator.
  • JCC Section 8.15.180(8)(a) authorizes Public Health to file and record a Notice to Title if Public Health determines a landowner has failed to comply with the requirements of Ch. 8.15 JCC and all administrative remedies have been exhausted.
  • JCC Section 18.15.095(4) “Right to farm and forestry provisions,” applicable if proposed use of land is within 500 feet of land with a natural resource designations.
  • JCC Section 18.15.180(2) “Nuisance and disclosure provisions” for Mineral Resource Land Overlays (MRLO) if proposed use of land is within 500 feet of an MRLO. See footnote 1.
  • JCC Section 18.35.070(3)(l) “Application submittal and contents” for Boundary Line Adjustment (“BLA”) include the requirement that the application include a notice on the “drawing suitable for recording”, which may be a “record of survey,” submitted as part of the application that GMA ‘critical areas’ may be present at or near the site of the proposed BLA. That record of survey is then filed and recorded with the Auditor per JCC Section 18.35.080(3).
  • JCC Section 18.35.070(4) Disclaimer Language for Boundary Line Adjustment Statement of Intent when no survey is made part of the BLA application submission. This statement may be included on the document filed and recorded with the Auditor, which may either a “drawing suitable for recording” or a “record of survey.” Recording requirements are at JCC §18.35.080(3).
  • JCC Section 18.35.070(6) Disclaimer that approval of the Boundary Line Adjustment does not guarantee a buildable lot because of distinct physical and space requirements for an on-site septic system may be included on the document filed and recorded with the Auditor, which may either a “drawing suitable for recording” or a “record of survey.” Recording requirements are at JCC §18.35.080(3).
  • JCC Section 18.35.080 Statement of Intent to be recorded on Final Record of Survey generated in support of a Boundary Line Adjustment and then filed and recorded with the County Auditor.
  • JCC Section 18.35.470(4) Statement required on a binding site plan for condominiums. The binding site plan is filed and recorded with the County Auditor.
  • JCC Section 18.50.110(5) allows the Title 18 Administrator to seek any form of legal or equitable relief and seek any remedy, which may include filing and recording a Notice of Title with respect to the real property of a persistent or unrepentant violator.
  • Jefferson County Public Health Policy #93-02 at Section IV.B, which authorizes the filing and recording of a Notice to Title “when a water supply does not meet water quantity requirements pursuant to RCW 19.276.097.”
  • Jefferson County Public Health Policy #96-01 at Section I.C requires the filing and recording of an operations and maintenance agreement with the County Auditor for any water system serving two single-family residential structures from a single well.
  • Jefferson County Public Health Policy #97-01 at Section I.C, which regulates use of a rainwater collections system for proof of water adequacy, requires the filing and recording of a Notice of Title with the County Auditor to identify that the subject parcel(s) is/are provided potable water through a rainwater catchment system.
  • Such provisions of other Jefferson County Code systems not expressly listed here that authorize or require the filing and recording of a Notice of Title or Restrictive Covenant with the Jefferson County Auditor with respect to a particular lot, tract or parcel of real property within Jefferson County.

Kent

  • City Code 11.06.760(F) – Volcanic Hazard Areas – Ordinance No. 3746, § 3, 4-19-05: Sites that are located on or within 200 feet of an identified volcanic hazard area must include a notation on the title to the affected property disclosing the presence of the hazard.

King County

  • KCC 14.75.075. Requires written disclosure of the covenant and lien to a purchaser or prospective purchaser. Disclosure of the covenant must include the amount of mitigation payment system fee payable and disclosure that the fee is to be paid on the date of sale.
    King County Ordinance 17420
  • KCC 16.04.890. Any public offering statement issued with respect to a conversion condominium shall include a copy of the written residential inspection report by the department.
    King County Ordinance 15802
  • KCBOH 11.01.210. It is the duty of the owner of record to notify all future occupants, renters, home purchasers, or real estate agents of the fact that a property has been used to store, use or handle hazardous chemicals.
    King County Board of Health R&R No. 45, 3-21-89 (archived) No web link available
  • KCBOH 12.28.011. Responsibility of transferring owner of water system to inform and train new owner regarding operation of the water system.
    King County Board of Health R&R No. 1, 6-21-96 (archived) No web link available
  • KCBOH 13.56.054 Before sale of property with a septic system, owner to record a notice on title stating the owner's responsibilities under BOH 13.60.005 and Table 13.60-1, and to obtain buyer's signature acknowledging receipt of recorded notice.
    Septic system owner to provide buyer with maintenance records, if available, in addition to the completed seller disclosure statement in accordance with chapter 64.06 RCW.
    King County Board of Health R&R 08-03
  • KCBOH 13.60.020. Homeowner manual describing homeowner duties and responsibilities along with precautionary information to be provided to each homeowner at the time of purchase or transfer of property by community and large onsite sewage system manangement.
    King County Board of Health R&R 08-03
  • KCBOH 13.60.030. Onsite septic system owner to provide buyer with maintenance records in addition to the completed seller disclosure statement in accordance with chapter 64.06 RCW for residential real property transfers.
    King County Board of Health R&R 08-03
  • King County DCHS Housing Finance Guidelines. Projects receiving funding for acquisition, demolition or rehabilitation of property for affordable housing must provide advance notice to all displaced tenants of need to vacate and of right to relocation benefits.

Lewis County

Longview

  • Ordinance No. 2000 (1980) – An Ordinance Relating to the Disclosure of Information to Tenants and Prospective Purchasers of Rental Units Which are Being Converted to Condominiums; Requiring that Notice Be Given to Tenants Prior to Conversion; Establishing a First Right of Purchase on Behalf of Tenants; Requiring a Building Code Evaluation Prior to the Sale of Condominiums; Providing for the Enforcement and Administration of this Ordinance; and Adding a New Chapter to the Longview Municipal Code to Be Known as Chapter 16. 56
  • Municipal Code 16.32.320 Transfer of ownership.
    No owner of any building or premises, upon whom any complaint or order pursuant to this chapter has been served, shall sell, transfer, grant, mortgage, lease or otherwise dispose of such property to another until all defects alleged in the complaint have been corrected to the satisfaction of the building official or until compliance with the provisions of such order has occurred; or, until such owner shall furnish to the purchaser, transferee, grantee, mortgagee, or lessee, prior to such sale, transfer, grant, mortgage, or lease, a true copy of such complaint or order and, at the same time, give written notification to the building official of his intent to sell, transfer, grant, mortgage, or lease, and supply the name and address of such person, persons, or firm to whom the sale, transfer, grant, mortgage, or lease is proposed. A purchaser, transferee, grantee, mortgagee, or lessee, who has been so informed of the existence of any complaint or order issued pursuant to this chapter shall be bound thereby. Any owner failing to comply with this section shall be in violation of this chapter. (Ord. 1131 § 1, 1962).

Mercer Island

Mountlake Terrace

  • Municipal Code 15.45 (having to do with the city’s Residential Rental Business License and Inspection Program)

Oak Harbor

  • Ordinance No. 1318 (2002) – An Ordinance Amending OHMC 6.90.010 Concerning Disclosure of AICUZ Study

Pierce County

  • Pierce County Code (PCC) 18E.70.040.C.6.g requires property owners to notify future owners of the use of flood proofing and associated risks and limitations.
  • PCC 18E.70.040.C.6. Subsections f&g
    f. A written notice regarding the use of flood proofing, in a form approved by the Department of Planning and Land Services, shall be recorded with the title of the property. The notice shall:
    (1) Disclose that the structure is located in a flood hazard area and portions of the structure are below the base flood elevation;
    (2) Disclose that flood proofing has been utilized;
    (3) Include a diagram identifying the flood proofed spaces; and
    (4) Disclose that the use of flood proofing in lieu of elevating a structure to the flood protection elevation may result in increased flood insurance premiums.
    g. The property owner shall be responsible for notifying future owners of the use of flood proofing and associated risks and limitations

Port Townsend

  • As required by EHB 2122/EHB 2971, the following provisions of the Port Townsend Municipal Code require sellers of property or landlords to make certain disclosures.
  • PTMC 12.26.090. Approved street latecomer agreements must be recorded with the Jefferson County Auditor within 30 days of the final execution of the agreement. The City will record a notice to title on each property in the benefitted area.
  • PTMC 13.04.080 and 13.04.090. Approved utility latecomer agreements must be recorded with the Jefferson County Auditor. The City will record a notice to title on each property in the benefitted area.
  • PTMC 17.30.110. City may record a notice to title documenting approval of a historic preservation certificate of approval related to an alteration resulting in a residential reclassification.
  • PTMC 19.05.050(I). Unless waived by the Development Services Department Director, the owner of any property with a field-verified critical area or buffer must record a notice of the existence of that critical area or buffer with the Jefferson County Auditor.
  • PTMC 19.06.170(D). Property owner is required to file a notice with the Jefferson County Auditor of any approved tree conservation plan or tree conservation area affecting the property.
  • PTMC 18.20.080. Notice of vacation of a binding site plan must be filed with the Jefferson County Auditor.

San Juan County

  • 8.06.155 Simple land divisions.
    Applicants completing simple land divisions must document water availability and adequacy on each new parcel, as outlined below.
    A. Community Water Supplies. Obtain written notice from a community water system purveyor that service is available and will be provided to the lot(s). Said system must be in compliance with current regulations.
    B. Individual Wells. Well(s) with sufficient capacity to serve the proposed lots must be drilled, tested and approved on each new parcel. Individual wells must comply with the community water supply standards for siting, testing, and source capacity (1,000 gallons per day per connection). Any conditions of approval for the well(s) will be incorporated as conditions of approval.
    C. Special Conditions. Record a disclosure statement that proof of potable water was not demonstrated, warning all purchasers of lots or parcels within the simple land division that a potable water supply has not been demonstrated and no building permit will be issued by San Juan County without first satisfying the requirements for proof of potable water of the department of health and community services. (Ord. 22-2013 § 10; Ord. 10-2001 § 10)
  • 15.04.630 Notice to purchaser or lessee.
    Before any agreement is made to sell, lease or rent any owner-built structure, the seller, lessor or landlord, or his/her agent, shall give the prospective purchaser, tenant or renter a written notice that the structure has been completed under the provisions of this article and may not meet all UBC standards. The notice is required not only at the first sale, lease or rental, but at all subsequent transfers of the structure. (Ord. 80-1992)
  • 18.40.270 Vacation (short-term) rentals of residences or accessory dwelling units (ADUs).
    The following standards apply to all vacation (short-term; less than 30 days) rentals of single-family residential units and accessory dwelling units or portions thereof:
    ...
    K. The owner or lessee of the vacation rental shall provide notice to the tenants regarding rules of conduct and their responsibility not to trespass on private property or to create disturbances. If there is an easement that provides access to the shoreline, this shall be indicated on a map or the easement shall be marked; if there is no access, this shall be indicated together with a warning not to trespass.

Seattle

  • 6.222.060 Records and reports. Most recent ordinance: 109673
    Rental agency licensees must keep an accurate listing of certain basic information about a housing unit (e.g. type of unit, address, monthly rent, and pet restrictions) and make that list available to customers.
  • 7.08.090 Advertiser to be dealer. Most recent ordinance: 43475
    Any person engaged in the business of real estate must state or show in advertisements that the person is engaged in the business of real estate.
  • 7.20.040 Lawful reasons for giving notice to remove floating home. Most recent ordinance: 124919
    Floating home moorage owners must give floating home owners notices regarding changes in moorage contracts including notices to vacate a floating home moorage.
  • 7.20.050 Six-month notice to remove. Most recent ordinance: 111526
    Floating home moorage owners must give notice to floating home owners to vacate a floating home moorage.
  • 7.20.130 Notices. Most recent ordinance: 121468
    Moorage owners must give notice to floating home moorage site lessees of changes in moorage ownership and potential moorage sales. Anyone selling, leasing, or renting a floating home or moorage facility must advise prospective purchases, lessees, or renters of Seattle Municipal Code chapter 7.20.
  • 7.24.030 Rental agreement requirements. Most recent ordinance: 126450
    In housing units in multifamily or mixed-use structures that meet the threshold size requirement of Section 23.42.070, any rental agreement shall specify in an addendum or a separate parking agreement the amount of any parking fee. A tenant may elect not to rent or lease parking when renting or leasing a unit.
  • 7.24.035 Security deposits and nonrefundable move-in fees Most recent ordinance: 125222
    Landlords will comply with the notice requirements of RCW 59.18.257 and 59.18.270. Security deposits may not be collected unless the landlord provides a written checklist or statement specifically describing condition and cleanliness of or existing damages to the premises and furnishings to the tenant at the commencement of the tenancy.
  • 7.24.080 Distribution of information packets by landlord required. Most recent ordinance: 125334
    Landlords must distribute written summaries of rights and voter registration forms, prepared or distributed by the Seattle Department of Construction and Inspections, to tenants and prospective tenants when a rental agreement is offered.
  • 7.25.040 Billing requirements – Submeter testing fee. Most recent ordinance: 123361
    If landlords bill tenants for utility services, they may adopt the billing policies only after providing notice, and the landlords must publish the three most current utility bills for the entire building. Billing statements from a billing entity must contain several types of information.
  • 14.08.015 Seattle Open Housing Poster. Most recent ordinance: 126767
    Anyone required to display a federal Fair Housing poster must also display a Seattle Open Housing poster.
  • 14.08.050 First-in-time. Most recent ordinance: 126370
    Prospective occupants must be given notice of screening criteria and thresholds in the application process, as well as of any additional information and timeframes needed during the process.
  • 14.09.020 Notice to prospective occupants and tenants. Most recent ordinance: 126080
    Landlords must provide written notice regarding their inability to ask questions regarding, or reject applicants for, their arrest records, conviction records, or criminal history, as well as their inability to take adverse action based on an eviction occurring during the COVID-19 emergency. If landlords want to reject applicants based on sex offender registry information, they must have a legitimate business reason and provide written notice of screening criteria on all applications.
  • 22.205.010 Duties of owners. Most recent ordinance: 126075
    Owners must give 90 days’ notice to tenants whose tenancy is about to be terminated because the owners are moving in to their own building. Owners also must give tenants 90 days’ notice if they elect to a sell a single-family dwelling unit.
  • 22.206.180 Prohibited acts by owners. Most recent ordinance: 126450
    Tenants must receive at least 180 days’ prior written notice of increases in certain periodic or monthly housing costs (except that certain subsidized tenancies must receive at least 30 days’ notice). Certain types of other notices must contain a reference on how to access information on landlord and tenant rights and obligations.
  • 22.206.195 Right to legal counsel in eviction proceedings Most recent ordinance: 126301
    Indigent tenants have a right to counsel in eviction proceedings.
  • 22.210.080 Tenant relocation information packets. Most recent ordinance: 126458
    Anyone applying for a tenant relocation license must obtain tenant relocation information packets from the Seattle Department of Construction and Inspections and distribute a packet to each dwelling unit.
  • 22.210.100 Tenant eligibility for relocation assistance. Most recent ordinance: 126458
    If an owner of a low-income tenant unit has applied for certain licenses or permits, such as for rehabilitation, relocation, or demolition of units, the owner must notify new tenants in units potentially affected by those licenses or permits that the tenant may be eligible for relocation assistance. If the notice is not provided, then the tenant is eligible for relocation assistance.
  • 22.210.120 Ninety-day tenant notice. Most recent ordinance: 126458
    Tenants must be given 90 days’ notice if their building will be demolished, changed in use, substantially rehabilitated, or have use restrictions removed.
  • 22.212.020 Notice Most recent ordinance: 126451
    For certain types of rent increases, notice must be given to affected tenants regarding economic displacement relocation assistance rights and obligations.
  • 22.214.040 Rental housing registration, compliance declaration, and renewals. Most recent ordinance: 126157
    Property owners or their agents have 30 days after their rental housing registration is issued to post the registration or provide tenants a copy.
  • 22.214.050 Inspection and certificate of compliance required Most recent ordinance: 126157
    Owners or their agents must give at least two days’ notice to a tenant in advance of a City of Seattle compliance inspection.
  • 22.902.060 Notice to all tenants prior to offering any unit for sale to the public as a cooperative unit. Most recent ordinance: 115105
    Developers must give 120 days’ notice and a statement of the tenant’s rights to a tenant before offering cooperative units publicly.
  • 22.902.160 Seattle Department of Construction and Inspections certification of repairs. Most recent ordinance: 124919
    When repairs have been certified as corrected in a cooperative unit, the developer shall deliver a copy of the certificate to the purchaser.
  • 22.902.170 Disclosure requirements. Most recent ordinance: 115105
    At least seven days before a purchase commitment is signed on a cooperative unit, developers shall make available to prospective purchasers itemizations and statements regarding several items, such as specific repairs and improvements in the last six months and an accurate estimate of the useful life of the building’s major components.
  • 22.903.035 Notice of Relocation Assistance. Most recent ordinance: 122728
    Notice of condominium conversion must be accompanied by notice regarding payment of relocation assistance, including a tenant relocation information packet.
  • 22.903.060 Warranty of repairs – Escrow fund. Most recent ordinance: 115103
    Condominium developers must inform condominium unit owners and the owners’ association of the location of an escrow account that is available for making improvements to condominium property.
  • 22.904.410 Eviction notices for change of use or closure of a mobile home park. Most recent ordinance: 124919
    12 months’ notice must be given before a mobile home park may close.
  • 22.904.420 Relocation report and plan. Most recent ordinance: 124919
    A mobile home park’s proposed relocation plan will be available to park tenants. The approved relocation plan will be given to park tenants along with the 12 months’ notice required in Seattle Municipal Code Section 22.904.410.
  • 22.904.440 Notice of provisions. Most recent ordinance: 115183
    It is unlawful to sell, lease, or rent any mobile home or mobile home park rental space without advising the prospective purchaser, lessee, or renter, in writing, of the provisions of Seattle Municipal Code Sections 22.904.400 through 22.904.460.
  • 22.907.030 Notice of proposed sale of low-income multi-family rental building Most recent ordinance: Most recent ordinance: 125873
    Owners of a multi-family rental housing building with at least two housing units rented to low-income tenants shall notify the Office and Housing, Seattle Housing Authority, and tenants at least 90 days before listing the building for sale.
  • 23.42.054 Transitional encampments accessory to religious facilities or to other principal uses located on property owned or controlled by a religious organization Most recent ordinance: 124919
    Encampment operators must post and distribute to encampment residents copies of health or safety information provided by the City of Seattle, King County, or any other public agency.
  • 22.920.080 Disclosing energy benchmarking reports Most recent ordinance: 123226
    Building owners must upon request provide current energy benchmarking reports and, where available, energy performance ratings to current tenants, prospective tenants negotiating a rental agreement, potential buyers negotiating a purchase and sale agreement, and potential lenders considering an application for financing or refinancing of the building.

Seattle & King County Public Health

  • 13.60.030 Operation and maintenance at time of sale.
    A. The seller of any single family or multiple family residential property served by an OSS shall, prior to transfer of title to the property, have a monitoring and performance inspection performed by a licensed OSM. The licensed OSM shall file with the department an on-site system report and applicable fee in accordance with the fee schedule. 1. If no record drawing is on file with the department, the OSM shall prepare a record drawing and include it with the O&M report submitted to the department. 2. If a record drawing is on file with the department but does not accurately depict the OSS, the OSM shall prepare a reconciled record drawing and include it with the O&M report submitted to the department. 3. A monitoring and performance inspection is not required if such an inspection was performed within the previous 6 months. 4. At the time of property transfer, the owner shall provide, to the buyer, maintenance records, if available, in addition to the completed seller disclosure statement in accordance with chapter 64.06 RCW for residential real property transfers. (R&R No. 08-03 § 145, 2008).

Sequim

  • Sequim Municipal Code 3.62.070. Real Estate Excise Tax is the obligation of the seller.
  • Sequim Municipal Code 5.04.030. Business licenses are required for businesses or individuals renting commercial premises exceeding 3,000 square feet, or five or more residential dwelling units within the city limits of Sequim.
  • Sequim Municipal Code 8.04.020. The landlord of a property that has been issued a prior abatement order is deemed a “repeat offender” for purposes of the nuisance code when a subsequent abatement order is issued on the same property.
  • Sequim Municipal Code 18.80.090. Notice to title and protective tracts. Sellers must file notice to title with Clallam County Auditor to inform subsequent purchasers of the existence of critical areas.

Skagit County

  • Skagit County Code 14.38.030 created by Ordinance 17938 Attachment F and amended by Ordinance O20070009, provides in relevant part:
    (1)(b) Upon transfer of real property by sale, exchange, gift, real estate contract, lease with an option to purchase, any other option to purchase, ground lease coupled with improvements, or any other means, the seller shall be required to record with the County Auditor a statement containing the language set forth in Subsection (2) of this Section in conjunction with the deed conveying the real property; provided, however, that the real property is located within 1 mile of the Agriculture Natural Resource Land (Ag-NRL), or 1/4 mile of Industrial Forest Natural Resource Land (IF-NRL), Secondary Forest Natural Resource Land (SF-NRL), or Rural Resource Natural Resource Land (RRc-NRL), or Mineral Resource Overlay (MRO-NRL) districts, as set forth in SCC 14.16.400, 14.16.410, 14.16.420, 14.16.430, and 14.16.440, respectively.
    (2) The following shall constitute the disclosure required by this Section:
    This disclosure applies to parcels designated or within 1 mile of designated agricultural land or designated or within 1/4 mile of rural resource, forest or mineral resource lands of long-term commercial significance in Skagit County. A variety of Natural Resource Land commercial activities occur or may occur in the area that may not be compatible with non-resource uses and may be inconvenient or cause discomfort to area residents. This may arise from the use of chemicals; or from spraying, pruning, harvesting or mineral extraction with associated activities, which occasionally generates traffic, dust, smoke, noise, and odor. Skagit County has established natural resource management operations as a priority use on designated Natural Resource Lands, and area residents should be prepared to accept such incompatibilities, inconveniences or discomfort from normal, necessary Natural Resource Land operations when performed in compliance with Best Management Practices and local, State, and Federal law.
    In the case of mineral lands, application might be made for mining-related activities including extraction, washing, crushing, stockpiling, blasting, transporting and recycling of minerals. If you are adjacent to designated NR Lands, you will have setback requirements from designated NR Lands.

Snohomish County

Spokane

  • Municipal Code Section 17C.130.360, Residential Uses Notification - Any residential property offered for sale shall include notice to potential purchasers, placed on the title to the property that industrial activities within the zone are legal and permitted by zoning standards, and further, that the property is located within an area where additional industrial activities may be conducted. A note to this effect shall also be placed on any plat or short plat approved by the City. Property, buildings, or portions thereof offered for lease or rent shall include in the lease or rental agreement a note to this effect. Failure to provide such notice does not negate the right to engage in any lawful industrial activities located in the area.
  • Municipal Code Section 17C.182.810, Real Estate Lease Notice Required - Owners of residential rental or lease housing located in military influence areas 2 and 3/4 shall provide written notice to the renter or lessee specifying that the property is located in close proximity to Fairchild AFB and is routinely subject to overflights by military aircraft; residents may experience inconvenience, annoyance, or discomfort from noise, smell or other effects of aircraft activities. The renter or lessee shall sign the notice acknowledging its contents prior to signing the lease agreement.

Spokane County

Sunnyside

  • Crime-free Rental Housing Program
    Sunnyside Municipal Code 5.02.030(F) requires an owner/licensee participating in the Sunnyside crime-free rental housing program, or his/her agent, upon notification in writing by the Sunnyside Police of any failure of a resident, any member of the resident’s household, or a guest or any other person under the resident’s control, to comply with the crime-free lease/rental agreement addendum will within five business days of receipt of such notice, serve notice on the residents to comply or quit (if required by law).
  • Property within the Airport Overlay Zone
    Sunnyside Municipal Code 17.62A.050 requires that when any division of land including short plats, plats, cluster subdivisions, and planned unit developments occur on any land within the Airport Overlay Zoning District safety zones 1 through 6, a note located on the first page of the plat shall be recorded with the Yakima County Auditor as follows: “This property is located within the Airport Overlay Zoning District of the City of Sunnyside in which a variety of airport aviation activities occur. Such airport aviation activities will impact the use of your property.”

Tacoma

  • TMC 1.95.030 Rental Housing Code - Distribution of information required.

First, at the time of application the landlord must provide the tenant with their written rental criteria and the website address designated by the City for the purpose of obtaining information:

  • Local code enforcement action relating to the property
  • Findings or settlements related to housing discrimination against the landlord pursuant to TMC 1.29
  • Website address to the Washington Secretary of State for the purposes of registering to vote or changing address if already registered to vote.

Second, when a rental agreement/lease is offered, the landlord must provide the tenant with a written copy of the summaries prepared by the City, which includes information on the following:

  • Rental Housing Code (TMC 1.95)
  • Minimum Buildings and Structure Code (TMC 2.01) Fair Housing Laws (TMC 1.29)
  • Washington State Residential Landlord-Tenant Act (RCW 59.18)
  • Forcible Entry and Forcible Unlawful Detainer (RCW 59.12)

Third, during tenancy, landlords must provide tenants with a notice of resources prepared by the City when the landlord serves any notice to a tenant under RCW 59.12.030 which includes:

  • 3 day pay or vacate
  • 3 days for waste or nuisance
  • 10 day comply or vacate
  • 60 day notice to terminate tenancy (a “no cause” notice)

Tumwater

  • Ordinance No. O2022-014 Rental Housing Registration created a new chapter TMC 5.50 Rental Housing Registration. The new chapter establishes a requirement that, as a condition of operation, for all multifamily developments of five or more units that each and every property owner or landlord renting or leasing a residential housing unit in those developments within the city limits shall, in accordance with Chapter 5.04 TMC, obtain and maintain a business license.

Vancouver

  • 1. Title 8 - Public Peace and Safety
    a. Residential rental unit requirements
    i. Municipal Code Sec. 8.46.020 Rental agreement requirements
    b. Requirements for rental agreement that waives tenant’s remedies
    i. Municipal Code Sec. 8.46.040 Rental agreement that waives tenant's remedies prohibited - Exception.
    c. Additional affirmative defense created for renters
    i. Municipal Code Sec. 8.47.030 Additional Affirmative Defense Created
  • 2. Title 20 - Land Use and Development
    a. Notice on title required for residential projects located in Noise Impact Combining District
    i. Municipal Code Sec. 20.520.060 Disclosure Statement Required.
    b. Plat note required regarding nearby surface mining operations
    i. Municipal Code Sec. 20.320.080 Other Provisions.
    c. City may require applicant to complete SEPA public notice requirements
    i. Municipal Code Sec. 20.790.430 Public Notice
    d. Owner occupancy residence requirement.
    i. Municipal Code Sec. 20.810.060 Owner Occupancy

Walla Walla County

  • County Code Sec. 8.40.040 - Developments near land zoned agricultural—Notice required.
    All plats, short plats, development permits and building permits issued for development activities on or within one-fourth mile of lands zoned as agricultural general, AG; agricultural open space, AO; or exclusive agriculture, AE, or designated as agricultural general, agriculture, or exclusive agriculture in the comprehensive plan shall contain a notice that the subject property is within or near designated agricultural lands on which a variety of activities may occur that are not compatible with residential development. (Ord. 232 § 5, 1995)
  • County Code Sec. 11.07.030 - Requirements for all drainage improvements.
    A. All new development and redevelopment which has the potential for significant stormwater impacts shall submit a Stormwater Site Plan prepared in accordance with Chapter 3 of the SMMEW, and shall comply with the following provisions:
    1. Stormwater designs shall protect the public against flooding. All public and private roads shall include stormwater facilities conservatively sized to accept the full twenty-five-year post-development stormwater discharge of all contributing areas. All stormwater management designs shall address management of stormwaters in excess of the twenty-five-year storm.
    2. Impact to up- and down-gradient parcels shall be considered in the design of all stormwater management facilities.
    3. All new development and redevelopment shall preserve natural drainage systems to the extent possible. The manner in which runoff is discharged from the project site must not cause a significant adverse impact to downstream receiving waters and down-gradient properties. All outfalls must address energy dissipation as necessary.
    4. Where a subdivision is traversed by a watercourse, drainage way, channel or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of such watercourse, and may be of such additional width or construction or both, as will be adequate for the purpose as determined by the county engineer. Wherever possible, it is desirable that the drainage be maintained as an open channel with natural banks.
    5. Stormwater facilities shall be designed to eliminate interference from underground utilities and from conditions which exceed design loads for any pipe or other structural element.
    6. The designer of any stormwater element shall consider system reliability in terms of layout, specifications of materials and methods of installation.
    7. The impact of a system failure should be analyzed both in terms of on-site and off-site effects. The impacts may be to adjacent properties or to elements of the public drainage system or other private systems.
    B. New on-site storm water improvements shall be sufficient to mitigate impacts due to flooding, erosion, sedimentation or pollution. Any existing on-site storm water improvements that are insufficient to mitigate storm water resulting in flooding, erosion, sedimentation, or pollution and all new on-site storm water improvements shall comply with the following provisions:
    1. To the maximum extent practicable, all stormwater shall be retained and dispersed on site. The preferred method of stormwater disposal shall be infiltration.
    2. No drainage originating inside of a building or structure shall be connected to the storm water or surface water systems.
    3. Culverts under streets and/or road approaches shall be of a size to be determined by the county engineer and shall be designed and constructed in compliance with Title 12 Streets, Sidewalks, and Public Places. The minimum culvert size shall be twelve inches in diameter.
    C. Construction Site Runoff Control.
    1. Construction sites disturbing greater than or equal to one acre, including construction sites of less than one acre that are part of a common plan of development or sale that is greater than one acre, shall prepare a stormwater site plan and stormwater pollution prevention plan (SWPPP) in accordance with Chapters 3 and 7 of the SMMEW.
    a. Construction operators shall provide erosion and sediment control BMPs and implement source control BMPs during construction to protect water quality, reduce discharge of pollutants, and satisfy state AKART requirements. Erosion and sediment control BMPs and source control BMPs shall be selected, designed, installed, operated and maintained in accordance with the standards in the SMMEW.
    b. Erosivity waiver. Construction projects disturbing between one and five acres during the period between June 15 and October 15 may apply for an erosivity waiver using the forms prescribed by the Washington State Department of Ecology. Projects granted an erosivity waiver do not need to submit a SWPPP. If construction activity extends beyond the certified waiver period for any reason, the construction operator must either reapply for a waiver using revised dates, or submit a stormwater site plan and SWPPP for the portion of work to be performed outside the certified waiver period.
    2. Construction sites disturbing greater than or equal to one acre, including construction sites of less than one acre that are part of a common plan of development or sale that is greater than one acre, shall obtain coverage under the construction stormwater general permit issued by the State of Washington Department of Ecology.
    D. Post-Construction Stormwater Management for New Development and Redevelopment.
    1. All new development and redevelopment projects that disturb one acre or more, and projects of less than an acre that are part of a common plan of development or sale that is greater than one acre shall apply all known, available, and reasonable source control BMPs. Operational and structural source control BMPs shall be selected, designed, and maintained according to Chapter 8 of the SMMEW.
    2. All new development and redevelopment projects that disturb one acre or more, and projects of less than an acre that are part of a common plan of development or sale that is greater than one acre, and that create more than five thousand square feet of pollutant-generating impervious area shall include basic runoff treatment facilities. Metals treatment, oil treatment, and phosphorus treatment facilities are required in addition to basic runoff treatment, where required by the SMMEW. Treatment facilities shall be selected, sized, designed, constructed, operated, and maintained in accordance with Chapters 2, 4, and 5 of the SMMEW.
    a. A bypass must be included for all treatment BMPs unless the facility is able to convey the 25-year short-duration storm without damaging the BMP or dislodging pollutants from within it.
    b. Stormwater treatment facilities are not allowed within a wetland or its natural vegetated buffer unless a variance is approved by the county engineer.
    3. All new development projects that disturb one acre or more, and projects of less than an acre that are part of a common plan of development or sale that is greater than one acre and that result in ten thousand square feet or more of new impervious surfaces shall construct stormwater flow control facilities for any discharge of stormwater directly, or through a conveyance system, into surface water. The stormwater flow control facility shall be designed to protect stream morphology and associated instream habitat from adverse impacts due to increased peak flows and flow durations following development. Direct discharges to the Snake River do not require flow control facilities. Flow control facilities shall be selected, sized, designed, constructed, operated, and maintained in accordance with Chapters 2, 4, and 5 of the SMMEW and applicable administrative guidelines.
    a. Flow control facilities shall limit the peak rate of runoff to no greater than fifty percent of the pre-development two-year peak runoff peak flow and shall maintain the pre-development twenty-five-year peak runoff rate.
    b. Energy dissipation at the point of discharge is required.
    4. Projects required to include runoff treatment or flow control facilities shall develop and submit for county approval an operation and maintenance (O & M) plan that is prepared in accordance with Chapters 5 and 6 of the SMMEW. The O & M plan shall address all proposed stormwater facilities and BMPs, and identify the party or parties responsible for maintenance and operation. A copy of the O & M plan shall be retained onsite or within reasonable access to the site, and shall be transferred with the property to a new owner.
  • County Code Sec. 11.07.070 - Maintenance of drainage facilities by owner.
    Maintenance of stormwater facilities on private property shall be the responsibility of the owner(s); this responsibility and the provision for maintenance shall be clearly stated on subdivision and short plat plans, property conveyance documents, and/or drainage improvement plans. In the event the owner(s) does not provide property maintenance and the county engineer determines the stormwater facility represents a public safety threat the county engineer will give 30-day notice to the owner(s) to correct the deficiencies. If the deficiencies are not corrected within 30-days the county may enter upon the property to perform the necessary maintenance at the owner(s) expense. This provision for access will be included as a provision of plat or plan approval.
  • County Code Sec. 18.08.125 - Notice on title.
    A. In order to inform subsequent purchasers of real property of the existence of critical areas, the owner of any property containing a critical area or buffer on which a development proposal is submitted shall file a notice with the county auditor according to the direction of the county. The notice shall state the presence of the critical area or buffer on the property, the application of this chapter to the property, and the fact that limitations on actions in or affecting the critical area or buffer may exist. The notice shall "run with the land." Presence of critical areas and/or buffers shown on development permits recorded with the auditor need not be recorded separately.
    B. This notice on title shall not be required for a development proposal by a public agency or public or private utility:
    1. Within a recorded easement or right-of-way;
    2. Where the agency or utility has been adjudicated the right to an easement or right-of-way; or
    3. On the site of a permanent public facility.

Last Modified: February 23, 2024