Title 136 WAC — County Road Administration Board

Chapter 136-01 Organization and operation of county road administration board.

Wash. Admin. Code § 136-01-010 Purpose and authority.

The county road administration board is a nine member board, organized under the provision of RCW 36.78.010 through 36.78.110.

History

Statutory Authority: Chapter 36.79 RCW. WSR 99-01-021, § 136-01-010, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.78.070 and 36.79.060. WSR 96-17-013, § 136-01-010, filed 8/12/96, effective 9/12/96. Statutory Authority: RCW 36.78.050 and [36.78].060. WSR 92-13-036 (Order 86), § 136-01-010, filed 6/10/92, effective 7/11/92. Statutory Authority: RCW 36.78.070. WSR 90-07-071 (Order 71), § 136-01-010, filed 3/21/90, effective 4/21/90
Order 9, § 136-01-010, filed 10/22/68.

Wash. Admin. Code § 136-01-030 Meetings and voting procedures.

Regular public meetings of the county road administration board shall be held quarterly, at times and locations set by the board. At the summer meeting, the board shall elect a chair, a vice chair, and a second vice chair who shall hold office until the next summer meeting. Additional meetings necessary to discharge the business of the board may be called from time to time by the chair. Each member of the board shall be entitled to one vote. No proxies shall be allowed. All questions shall be decided by majority vote. A quorum of five members of the board shall be required to vote or conduct any board business.

History

Statutory Authority: Chapter 36.79 RCW. WSR 05-11-036, § 136-01-030, filed 5/11/05, effective 6/11/05
WSR 99-01-021, § 136-01-030, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.78.050 and [36.78].060. WSR 92-13-036 (Order 86), § 136-01-030, filed 6/10/92, effective 7/11/92. Statutory Authority: RCW 36.78.070. WSR 90-07-071 (Order 71), § 136-01-030, filed 3/21/90, effective 4/21/90
Order 9, § 136-01-030, filed 10/22/68.

Chapter 136-02 Implementation of state Environmental Policy Act.

Wash. Admin. Code § 136-02-010 Purpose and authority.

This chapter is promulgated pursuant to the directions of chapter 43.21C RCW (SEPA) and chapter 197-11 WAC (SEPA rules). The adoption of this chapter is deemed to be in compliance with the requirements of chapter 43.21C RCW and chapter 197-11 WAC.

History

Statutory Authority: Chapter 36.79 RCW. WSR 99-01-021, § 136-02-010, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.78.070 and 36.79.060. WSR 96-17-013, § 136-02-010, filed 8/12/96, effective 9/12/96
Order 30, § 136-02-010, filed 8/3/76.

Wash. Admin. Code § 136-02-020 Statement of exempt activities.

The county road administration board has reviewed its authorized activities and found them all to be exempt under chapter 43.21C RCW and SEPA rules, WAC 197-11-800 (13), (15), (16), (18), (19), (20) and (23). This statement is adopted in accordance with RCW 43.21C.135 (1)(a).

History

Statutory Authority: Chapter 36.79 RCW. WSR 99-01-021, § 136-02-020, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.78.070 and 36.79.060. WSR 96-17-013, § 136-02-020, filed 8/12/96, effective 9/12/96
Order 30, § 136-02-020, filed 8/3/76.

Chapter 136-03 Public access to information and records.

Wash. Admin. Code § 136-03-010 Purpose and authority.

The purpose of this chapter is to establish rules for compliance by the Washington county road administration board with the provisions of chapter 42.56 RCW dealing with public records. This chapter describes the places at which, the employees from whom, and the methods whereby persons may obtain information, make submittals or requests, or obtain copies of agency decisions. Other chapters in Title 136 WAC describe the general course and method of the board's operations and the nature and requirements of all its formal and informal procedures. For a description of the board's organization, see chapter 136-01 WAC.

History

Statutory Authority: RCW 36.78.070 and 42.56.040. WSR 23-16-139, § 136-03-010, filed 8/2/23, effective 9/2/23. Statutory Authority: Chapter 36.79 RCW. WSR 99-01-021, § 136-03-010, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.78.070 and 42.17.250 through [42.17].340. WSR 92-13-037 (Order 87), § 136-03-010, filed 6/10/92, effective 7/11/92.

Wash. Admin. Code § 136-03-020 Public records officer.

The board's public records officer shall be the executive assistant to the county road administration board. The public records officer shall be officed at 2404 Chandler Court S.W., Suite 240, Olympia, Washington. The public records officer shall be responsible for:

(1) Implementation of chapter 42.56 RCW and this chapter regarding release of public records;

(2) Coordinating staff efforts of the county road administration board in this regard; and

(3) Ensuring compliance of the staff with chapter 42.56 RCW and this chapter.

History

Statutory Authority: RCW 36.78.070 and 42.56.040. WSR 23-16-139, § 136-03-020, filed 8/2/23, effective 9/2/23. Statutory Authority: Chapter 36.79 RCW. WSR 99-01-021, § 136-03-020, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.78.070 and 42.17.250 through [42.17].340. WSR 92-13-037 (Order 87), § 136-03-020, filed 6/10/92, effective 7/11/92.

Wash. Admin. Code § 136-03-030 Public records available.

Public records shall be available for inspection and copying from 9:00 a.m. to noon and from 1:00 p.m. to 3:30 p.m. Monday through Friday, excluding legal holidays.

History

Statutory Authority: RCW 36.78.070 and 42.56.040. WSR 23-16-139, § 136-03-030, filed 8/2/23, effective 9/2/23. Statutory Authority: Chapter 36.79 RCW. WSR 99-01-021, § 136-03-030, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.78.070 and 42.17.250 through [42.17].340. WSR 92-13-037 (Order 87), § 136-03-030, filed 6/10/92, effective 7/11/92.

Wash. Admin. Code § 136-03-040 Requests for public records.

(1) Website records: Persons seeking public records of the county road administration board under the act are strongly encouraged to, before submitting a records request, first review the board's website at www.crab.wa.gov.

(2) Public Records Act requests: Public Records Act requests to the board must be submitted only to the public records officer in the Olympia office, in one of the following ways:

Online form: www.crab.wa.gov/

Email: publicrecords@crab.wa.gov

U.S. Mail, delivery, in-person:

County Road Administration Board

2404 Chandler Ct. S.W., Suite 240

Olympia, WA 98502

Requestors are strongly encouraged to submit requests in writing. Requestors are encouraged to use the online Public Records Act request form, which, once completed, is automatically submitted to the board's public records officer. The board accepts in-person requests at the Olympia office during normal office hours, 9:00 a.m. to noon and 1:00 p.m. to 3:30 p.m. Monday through Friday, excluding holidays and days the agency is closed. If the agency receives an oral request, the agency will reduce the request in writing and verify in writing with the requestor that it correctly memorialized the request.

Communications seeking agency records, but which are sent or provided to unauthorized staff will not be accepted as or processed as Public Records Act requests. The agency will process such communications as general informal inquiries, general correspondence, general requests for information, or discovery, as appropriate. The requestor may resubmit their request to the public records officer.

This Public Records Act request procedure provides the fullest assistance to requestors by:

(a) Establishing a uniform point of contact for all Public Records Act requests to the agency and related inquiries, consistent with the public records officer contact information published in the Washington State Register, and pursuant to RCW 42.56.580; and

(b) Enabling the agency to promptly distinguish Public Records Act requests as high volume of other daily communications to the agency on multiple topics, so as to enable appropriate responses and thereby avoid excessive interference with other essential agency functions as provided in RCW 42.56.100; and

(c) Ensuring that records requests submitted under the act are centrally reviewed during business hours by the public records officer or designee, so the agency may more efficiently assign a tracking number to the request, log it in, review it, provide an initial or other response within five business days after receipt as provided in RCW 42.56.520, and otherwise timely process the request pursuant to the act and these rules.

(3) The public records officer will oversee compliance with the act, but a designee may process the request. The public records officer or designee and the agency will provide the fullest assistance to requestors; ensure that public records are protected from damage or disorganization; and prevent fulfilling public records requests from causing excessive interference with essential functions of the agency. More information about submitting public records requests to the agency is in this chapter and on the board's website.

History

Statutory Authority: RCW 36.78.070 and 42.56.040. WSR 23-16-139, § 136-03-040, filed 8/2/23, effective 9/2/23. Statutory Authority: Chapter 36.79 RCW. WSR 99-01-021, § 136-03-040, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.78.070 and 42.17.250 through [42.17].340. WSR 92-13-037 (Order 87), § 136-03-040, filed 6/10/92, effective 7/11/92.

Wash. Admin. Code § 136-03-045 Response to public records act requests.

(1) General. The agency shall respond promptly to requests for records made under chapter 42.56 RCW, the Public Records Act. Within five business days of receiving a Public Records Act request, the agency will assign the request a tracking number and log it in. The public records officer or designee will evaluate the request according to the nature of the request, clarity, volume, and availability of requested records.

(2) Response. Following the initial evaluation of the request, and within five business days of receipt of the request, the public records officer or designee will do one of the following:

(a) Make the records available for inspection or copying including:

(i) If copies are available on the agency's website, provide an internet address and link on the website to specific records requested;

(ii) If copies are requested and payment of a deposit for the copies, if any, is made or other terms of payment agreed upon and satisfied, send the copies to the requestor.

(b) Acknowledge receipt of the request and provide a reasonable estimate of when records or an installment of records will be available (the public records officer or designee may revise the estimate of when records will be available).

(c) Acknowledge receipt of the request and ask the requestor to provide clarification for the request or part of a request that is unclear, to provide, to the greatest extent possible, a reasonable estimate of the time the agency will require to respond to the unclear request or unclear part of a request if it is not clarified.

(i) Such clarification may be requested and provided by telephone and memorialized in writing, or by email or letter;

(ii) If the requestor fails to respond to a request for clarification and the entire request is unclear, the agency need not respond to it. The agency will respond to those portions of a request that are clear.

(d) Deny the request.

(3) Additional time to respond. Additional time for the agency to respond to a request may be based upon the need to clarify the request, locate and assemble the records requested, notify third persons or agencies affected by the request, or determine whether any of the information requested is exempt and that a denial should be made as to all or a part of the request.

(4)(a) Communication encouraged. If the requestor has not received a response in writing or has questions or concerns regarding the records request, the requestor is encouraged to contact the public records officer.

(b) Reasonable estimate of time or costs. The agency will provide an estimate of the time required to respond to the request, and may provide an estimate of copying costs pursuant to a specific request seeking an estimate of cost. If the requestor believes the amount of time or estimated costs stated are not reasonable, the requestor may petition the public records officer for a formal review under WAC 136-03-090.

(5) Third-party notice. In the event that the requested records contain information that may affect rights of others and may be exempt from disclosure, the public records officer or designee may, prior to providing the records, give notice to such others whose rights may be affected by the disclosure under RCW 42.56.540. Such notice should be given so as to make it possible for those other persons to contact the requestor to revise their request, or, if necessary, seek an order from a court to prevent or limit the disclosure. The notice to the affected persons will include a copy of the request.

(6) Exemptions from disclosure. Some records are exempt from disclosure, in whole or in part. If the agency believes that a record or part of a record is exempt from disclosure and should be withheld, the public records officer or designee will state the specific exemption and provide a brief written explanation of why the record or a portion of the record is being withheld. If only a portion of a record is exempt from disclosure, but the remainder is not exempt, the public records officer or designee will redact the exempt portions, provide the nonexempt portions, and indicate to the requestor why portions of the record are being redacted.

(7) Inspection of records.

(a) Consistent with other demands, the agency shall provide space to inspect public records at a location designated by the agency. No member of the public may remove a document from the viewing area or disassemble or alter any document. The requestor shall indicate which documents they wish the agency to copy.

(b) The requestor must claim or review the assembled records within 30 days of the agency's notification to them that the records are available for inspection or copying. The agency will notify the requestor in writing of this requirement and inform the requestor that they should contact the agency to make arrangements to claim or review the records. If the requestor or a representative of the requestor fails to claim or review the records within the 30-day period or make other arrangements, the agency may close the request and refile the assembled records. Multiple public records requests from the same requestor can be processed in a manner so as not to interfere with essential agency functions, including processing records requests from other requestors.

(8) Providing copies of records. After inspection is complete, and the requestor asks for copies of some or all of the inspected records, or where copies are otherwise requested by the requestor, the public records officer or designee shall make the requested copies or arrange for copying.

(a) Where the agency charges for copies, the requestor must pay for the copies prior to the copies being provided to the requestor.

(b) Electronic records will be provided as a link to the records on the agency's website if the records are located on the website, or in a format used by the agency and which is generally commercially available. Records will generally not be provided by email, particularly for larger records responses with multiple records, or where records may not be successfully delivered or received via the agency's or the requestor's email systems.

(9) Providing records in installments. When the request is for a large number of records, the public records officer or designee will provide access for inspection and copying in installments, if they reasonably determine that it would be practical to provide the records in that way. If, within 30 days, the requestor fails to inspect or pay for the entire set of records or one or more of the installments, the public records officer or designee may stop searching for or producing the remaining records and close the request.

(10) Completion of inspection. When the inspection of the requested records is complete and all requested copies are provided, the public records officer or designee will indicate that the agency has completed a reasonable search for the requested records and made any located nonexempt records available for inspection.

(11) Closing withdrawn or abandoned request. When the requestor either withdraws the request, or fails to clarify an entirely unclear request, or fails to fulfill their obligations to inspect the records, pay the deposit, pay the required fees for an installment, or make final payment for the requested copies, the public records officer or designee will close the request and, unless the agency has already indicated in previous correspondence that the request would be closed under the above circumstances, indicate to the requestor that the agency has closed the request.

(12) Later discovered documents. If, after the agency has informed the requestor that it has provided all available records, the agency becomes aware of additional responsive documents existing at the time of the request, it will promptly inform the requestor of the additional documents and provide them on an expedited basis.

History

Statutory Authority: RCW 36.78.070 and 42.56.040. WSR 23-16-139, § 136-03-045, filed 8/2/23, effective 9/2/23.

Wash. Admin. Code § 136-03-060 Copying fees—Payments.

(1) The following copy fees and payment procedures apply to requests to the agency under chapter 42.56 RCW.

(2) Pursuant to RCW 42.56.120 (2)(b), the agency is not calculating all actual costs for copying records because to do so would be unduly burdensome for the following reasons:

(a) The agency does not have the resources to conduct a study to determine all its actual copying costs;

(b) To conduct such a study would interfere with other essential agency functions; and

(c) Through the 2017 legislative process, the public and requestors have commented on and been informed of authorized fees and costs, including for electronic records, provided in RCW 42.56.120 (2)(b) and (c), (3), and (4).

(3) The agency will charge for copies of records pursuant to the default fees in RCW 42.56.120 (2)(b) and (c). The agency will charge for customized services pursuant to RCW 42.56.120(3). Under RCW 42.56.130, the agency may charge other copying fees authorized by statutes outside of chapter 42.56 RCW. The agency may enter into an alternative fee agreement with a requestor under RCW 42.56.120(4). The charges for copying methods used by the agency are summarized in the fee schedule available on the agency's website at www.crab.wa.gov.

(4) Requestors are required to pay for copies in advance of receiving records. Fee waivers are an exception and are available for some small requests under the following conditions:

(a) It is within the discretion of the public records officer to waive copying fees when:

(i) All of the records responsive to an entire request are paper copies only and are 25 or fewer pages; or

(ii) All of the records responsive to an entire request are electronic and can be provided in a single email with attachments of a size totaling no more than the equivalent of 100 printed pages. If that email for any reason is undeliverable, records will be provided through another means of delivery, and the requestor will be charged in accordance with this rule.

(b) Fee waivers are not applicable to records provided in installments.

(5) The public records officer may require an advance deposit of 10 percent of the estimated fees when the copying fees for an installment or entire request, or customized service charge, exceeds $25.

(6) All required fees must be paid in advance of release of the copies or an installment of copies, or in advance of when a deposit is required. The agency will notify the requestor when payment is due.

(7) Payment should be made by check or money order to the county road administration board. The agency prefers not to receive cash. For cash payments, it is within the public records officer's discretion to determine the denomination of bills and coins that will be accepted.

(8) The agency will close a request when a requestor fails by the payment date to pay in the manner prescribed for records, an installment of records, or a required deposit.

History

Statutory Authority: RCW 36.78.070 and 42.56.040. WSR 23-16-139, § 136-03-060, filed 8/2/23, effective 9/2/23. Statutory Authority: Chapter 36.79 RCW. WSR 99-01-021, § 136-03-060, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.78.070 and 42.17.250 through [42.17].340. WSR 92-13-037 (Order 87), § 136-03-060, filed 6/10/92, effective 7/11/92.

Wash. Admin. Code § 136-03-081 Exemptions.

(1) The Public Records Act provides that a number of types of documents are exempt from public inspection and copying. In addition, documents are exempt from disclosure if any "other statutes" exempts or prohibits disclosure. The attorney general's office maintains a list of exemptions commonly applicable to records which can be found on the attorney general's office website www.atg.wa.gov. Requestors should view this list to be aware of some of the exemptions, some of which are outside of the Public Records Act, that restrict the availability of some records held by the agency including, but not limited to, attorney-client privilege and work product doctrine.

(2) The agency is prohibited by statute from disclosing lists of individuals for commercial purposes.

History

Statutory Authority: RCW 36.78.070 and 42.56.040. WSR 23-16-139, § 136-03-081, filed 8/2/23, effective 9/2/23.

Wash. Admin. Code § 136-03-090 Review of denial of public records request, estimates of time, estimates of cost.

(1) The requestor is encouraged to communicate with the public records officer or assigned designee regarding denials of public records requests, estimates of time, or estimates of costs. If the requestor remains unsatisfied, the requestor may seek formal review of the issue.

(2) Any person who objects to the agency's denial or partial denial of a request for a public record or contends an estimate of time to provide records or copying costs to provide records is not reasonable, may petition for prompt review of such decision by submitting a written request for a formal internal administrative review to the public records officer.

(3) The written request for formal review shall specifically refer to the written statement by the public records officer or designee which constituted or accompanied the denial or estimate.

(4) The request for formal review is to be directed to:

Executive Director

County Road Administration Board

2404 Chandler Ct. S.W., Suite 204

Olympia, WA 98502

(5) After receiving a written request for formal review of a decision denying a public record or estimate, the public records officer or designee denying the request shall refer it to the executive director. The agency will, within two business days following receipt of written request, respond with an estimate of time to consider the matter. Following such review, the executive director will either affirm, reverse, or amend the denial or estimate.

(6) For purposes of WAC 136-03-115, the agency shall have concluded a public record is exempt from disclosure only after the review conducted under this section has been completed.

History

Statutory Authority: RCW 36.78.070 and 42.56.040. WSR 23-16-139, § 136-03-090, filed 8/2/23, effective 9/2/23. Statutory Authority: Chapter 36.79 RCW. WSR 99-01-021, § 136-03-090, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.78.070 and 42.17.250 through [42.17].340. WSR 92-13-037 (Order 87), § 136-03-090, filed 6/10/92, effective 7/11/92.

Wash. Admin. Code § 136-03-115 Requests for review.

A person may request that the attorney general's office conduct a review pursuant to RCW 42.56.530 of the agencies denial of records requested. Requests for such review shall be directed to the attorney general's office in accordance with WAC 44-06-160.

History

Statutory Authority: RCW 36.78.070 and 42.56.040. WSR 23-16-139, § 136-03-115, filed 8/2/23, effective 9/2/23.

Chapter 136-04 Annual certification of good practice.

Wash. Admin. Code § 136-04-010 Purpose and authority.

The county road administration board is authorized by RCW 36.78.090 through 36.78.100 to transmit to the state treasurer certificates of good practice, hereinafter referred to as certificates, on behalf of the counties which during the preceding calendar year have reasonably complied with provisions of law relating to county road administration and with the standards of good practice as formulated and adopted by the county road administration board or to issue conditional certificates. This section sets forth the procedure to be followed by the county road administration board in the issuance and revocation of such certificates.

History

Statutory Authority: Chapter 36.79 RCW. WSR 99-01-021, § 136-04-010, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.78.070 and 36.79.060. WSR 96-17-013, § 136-04-010, filed 8/12/96, effective 9/12/96
Order 31, § 136-04-010, filed 12/16/77
Order 24, § 136-04-010, filed 10/31/74.

Wash. Admin. Code § 136-04-020 Inquiry by the county road administration board.

The executive director shall formulate a questionnaire for use by the counties designed to demonstrate to the county road administration board each county's level of compliance with pertinent laws and regulations. The proposed questionnaire shall be reviewed and approved by the county road administration board at the last regularly scheduled meeting of each calendar year and may be revised and modified from year to year to reflect changes in statutory and regulatory requirements. The approved questionnaire shall be distributed to all counties no later than January 31 of the year following its approval.

History

Statutory Authority: Chapter 36.79 RCW. WSR 02-18-016, § 136-04-020, filed 8/22/02, effective 9/22/02
WSR 99-01-021, § 136-04-020, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.78.070 and 36.79.060. WSR 96-17-013, § 136-04-020, filed 8/12/96, effective 9/12/96. Statutory Authority: RCW 36.78.070. WSR 90-07-072 (Order 72), § 136-04-020, filed 3/21/90, effective 4/21/90
Order 24, § 136-04-020, filed 10/31/74.

Wash. Admin. Code § 136-04-030 Response by the county.

Each county engineer shall complete the questionnaire, certify as to its accuracy, have it approved by the county legislative authority or the county executive, and shall return it to the executive director no later than April 1st.

History

Statutory Authority: RCW 36.78.070 and 36.79.060. WSR 96-17-013, § 136-04-030, filed 8/12/96, effective 9/12/96. Statutory Authority: RCW 36.78.070. WSR 90-07-072 (Order 72), § 136-04-030, filed 3/21/90, effective 4/21/90. Statutory Authority: Chapter 36.78 RCW. WSR 87-11-014 (Order 65), § 136-04-030, filed 5/12/87
Order 24, § 136-04-030, filed 10/31/74.

Wash. Admin. Code § 136-04-040 Review by the county road administration board.

The executive director shall receive the completed questionnaires and prepare a report for the county road administration board regarding the level of each county's compliance with pertinent laws and regulations. The board shall review the executive director's report at its second regular meeting of each calendar year.

History

Statutory Authority: Chapter 36.79 RCW. WSR 99-01-021, § 136-04-040, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.78.070 and 36.79.060. WSR 96-17-013, § 136-04-040, filed 8/12/96, effective 9/12/96. Statutory Authority: RCW 36.78.070. WSR 90-07-072 (Order 72), § 136-04-040, filed 3/21/90, effective 4/21/90
Order 24, § 136-04-040, filed 10/31/74.

Wash. Admin. Code § 136-04-050 Certificate of good practice.

The county road administration board shall transmit a certificate to the state treasurer prior to May 1st of each year on behalf of those counties found to be in reasonable compliance with provisions of law relating to county road administration and with the standards of good practice as formulated and adopted by the county road administration board.

History

Statutory Authority: Chapter 36.79 RCW. WSR 99-01-021, § 136-04-050, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.78.070 and 36.79.060. WSR 96-17-013, § 136-04-050, filed 8/12/96, effective 9/12/96
Order 31, § 136-04-050, filed 12/16/77
Order 24, § 136-04-050, filed 10/31/74.

Wash. Admin. Code § 136-04-055 Revocation of certificate of good practice.

Whenever the county road administration board finds that after issuance of a certificate a county fails to meet the requirements of such certification, the board may revoke the previously issued certificate, or substitute a conditional certificate therefor, in the manner provided in WAC 136-04-080 and 136-04-090.

History

Statutory Authority: Chapter 36.79 RCW. WSR 99-01-021, § 136-04-055, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.78.070 and 36.79.060. WSR 96-17-013, § 136-04-055, filed 8/12/96, effective 9/12/96
Order 31, § 136-04-055, filed 12/16/77.

Wash. Admin. Code § 136-04-060 Conditional certificate of good practice.

Whenever the board finds that a county has failed to be in reasonable compliance with provisions of law or standards of good practice, it may transmit to the state treasurer on behalf of such county a conditional certificate, in the manner provided in WAC 136-04-080 and 136-04-090. Any such conditional certificate shall be issued subject to terms and conditions as deemed by the board to be appropriate, and will authorize continued distribution to such county of all or a designated portion of its share of motor vehicle fuel taxes. A copy of such conditional certificate shall be sent to the legislative authority of the county on whose behalf it was issued. One of the conditions of such conditional certificate shall be a review by the county road administration board at a subsequent meeting of the situation which caused its issuance.

History

Statutory Authority: Chapter 36.79 RCW. WSR 99-01-021, § 136-04-060, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.78.070 and 36.79.060. WSR 96-17-013, § 136-04-060, filed 8/12/96, effective 9/12/96. Statutory Authority: RCW 36.78.070. WSR 90-07-072 (Order 72), § 136-04-060, filed 3/21/90, effective 4/21/90
Order 31, § 136-04-060, filed 12/16/77
Order 24, § 136-04-060, filed 10/31/74.

Wash. Admin. Code § 136-04-070 Review of conditional certificates.

At a designated subsequent meeting, the county road administration board shall receive a report from the executive director pursuant to each conditional certificate. The board shall issue a certificate upon finding that the county has complied or is diligently attempting to comply with the terms and conditions of the conditional certificate. If the board finds that the county has not satisfied or diligently attempted to satisfy the terms and conditions of the conditional certificate, it may, in the manner provided in WAC 136-04-080 and 136-04-090:

(1) Continue such conditional certificate for further review;

(2) Modify such conditional certificate; or

(3) Revoke such conditional certificate.

History

Statutory Authority: Chapter 36.79 RCW. WSR 99-01-021, § 136-04-070, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.78.070 and 36.79.060. WSR 96-17-013, § 136-04-070, filed 8/12/96, effective 9/12/96
Order 31, § 136-04-070, filed 12/16/77
Order 24, § 136-04-070, filed 10/31/74.

Wash. Admin. Code § 136-04-080 Notice of pending revocation or substitution.

The board shall not consider revocation of a certificate or substitution of a conditional certificate or adverse modification of a conditional certificate for any county unless written notice of hearing thereon shall have been given to the legislative authority or county executive at least thirty days prior to the board meeting at which such revocation, substitution or modification is to be considered. Such notice shall include an invitation for representation by the county at such hearing.

History

Statutory Authority: Chapter 36.79 RCW. WSR 99-01-021, § 136-04-080, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.78.070 and 36.79.060. WSR 96-17-013, § 136-04-080, filed 8/12/96, effective 9/12/96. Statutory Authority: RCW 36.78.070. WSR 90-07-072 (Order 72), § 136-04-080, filed 3/21/90, effective 4/21/90
Order 31, § 136-04-080, filed 12/16/77
Order 24, § 136-04-080, filed 10/31/74.

Wash. Admin. Code § 136-04-090 Hearing on revocation or substitution.

At the time appointed for the hearing, the county road administration board shall receive a report from the executive director detailing those laws or regulations with which the county is not in reasonable compliance, or those terms and conditions of the conditional certificate which the county has failed to meet. The board shall provide opportunity for presentation of written and/or oral testimony on behalf of the county and may thereupon:

(1) Continue or modify a conditional certificate;

(2) Substitute a conditional certificate for a certificate; or

(3) Revoke either the certificate or conditional certificate.

History

Statutory Authority: Chapter 36.79 RCW. WSR 99-01-021, § 136-04-090, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.78.070 and 36.79.060. WSR 96-17-013, § 136-04-090, filed 8/12/96, effective 9/12/96. Statutory Authority: RCW 36.78.070. WSR 90-07-072 (Order 72), § 136-04-090, filed 3/21/90, effective 4/21/90
Order 31, § 136-04-090, filed 12/16/77
Order 24, § 136-04-090, filed 10/31/74.

Wash. Admin. Code § 136-04-100 Revocation of certificate.

Upon revocation of a certificate or a conditional certificate by the county road administration board, notice thereof shall be given to the state treasurer and to the legislative authority or county executive of the affected county. If any certificate is revoked without a conditional certificate being substituted therefor, the board shall review the affected county's(ies') compliance with pertinent laws and regulations at each subsequent regularly scheduled meeting until such time as the board finds that the county has reasonably complied or is diligently attempting to comply with such laws and regulations.

History

Statutory Authority: Chapter 36.79 RCW. WSR 99-01-021, § 136-04-100, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.78.070 and 36.79.060. WSR 96-17-013, § 136-04-100, filed 8/12/96, effective 9/12/96. Statutory Authority: RCW 36.78.070. WSR 90-07-072 (Order 72), § 136-04-100, filed 3/21/90, effective 4/21/90
Order 31, § 136-04-100, filed 12/16/77
Order 24, § 136-04-100, filed 10/31/74.

Wash. Admin. Code § 136-04-110 Effect of noncompliance with standards of good practice.

Failure of a county to receive and maintain a certificate of good practice or a conditional certificate of good practice will, upon notification to the state treasurer by the county road administration board, result in the withholding from the county of a part of or its entire share of motor vehicle fuel tax distributable pursuant to RCW 46.68.120.

History

Statutory Authority: Chapter 36.79 RCW. WSR 99-01-021, § 136-04-110, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.78.070 and 36.79.060. WSR 96-17-013, § 136-04-110, filed 8/12/96, effective 9/12/96.

Chapter 136-11 Standards of good practice—Maintenance management.

Wash. Admin. Code § 136-11-010 Purpose and authority.

The laws of the state of Washington provide in RCW 36.80.030 that the county engineer shall have supervision, under the direction of the county legislative authority, of maintaining all county roads of the county. The purpose of maintenance management is to recognize that many road maintenance activities can be planned, scheduled and accomplished in a predetermined manner. RCW 36.78.121 directs the county road administration board, or its successor entity, to establish a standard of good practice for maintenance of transportation system assets.

History

Statutory Authority: Chapter 36.79 RCW. WSR 05-22-060, § 136-11-010, filed 10/31/05, effective 12/1/05
WSR 99-01-021, § 136-11-010, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.78.070 and 36.79.060. WSR 96-17-013, § 136-11-010, filed 8/12/96, effective 9/12/96. Statutory Authority: Chapter 36.78 RCW. WSR 80-02-105 (Order 37), § 136-11-010, filed 1/24/80.

Wash. Admin. Code § 136-11-020 Goal.

This chapter is intended to establish basic management principles for road maintenance activities and to set forth specific goals and objectives relative to the results to be achieved.

History

Statutory Authority: Chapter 36.79 RCW. WSR 05-22-060, § 136-11-020, filed 10/31/05, effective 12/1/05
WSR 99-01-021, § 136-11-020, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.78.070 and 36.79.060. WSR 96-17-013, § 136-11-020, filed 8/12/96, effective 9/12/96. Statutory Authority: Chapter 36.78 RCW. WSR 80-02-105 (Order 37), § 136-11-020, filed 1/24/80.

Wash. Admin. Code § 136-11-030 Objectives.

(1) To preserve the investment made in roads, bridges, and roadway appurtenances.

(2) To create stronger accountability to ensure that cost-effective maintenance and preservation is provided for transportation facilities.

History

Statutory Authority: Chapter 36.79 RCW. WSR 05-22-060, § 136-11-030, filed 10/31/05, effective 12/1/05
WSR 99-01-021, § 136-11-030, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.78.070 and 36.79.060. WSR 96-17-013, § 136-11-030, filed 8/12/96, effective 9/12/96. Statutory Authority: Chapter 36.78 RCW. WSR 80-02-105 (Order 37), § 136-11-030, filed 1/24/80.

Wash. Admin. Code § 136-11-040 Maintenance management requirements.

(1) An inventory of significant maintenance features (physical assets), as determined by the county, shall be maintained.

(2) Maintenance management is based upon work activities. Work activity guidelines shall be defined, by each county, for the significant activities representing the maintenance work to be performed. Definitions shall include an activity code, title, description, work unit and inventory unit.

(3) An annual work program and budget shall be prepared. The activity-based work program and budget shall summarize the kinds and amounts of work planned and the costs of the planned work.

(4) The resources needed to accomplish the annual work program shall be documented.

(5) Work scheduling procedures shall be documented.

(6) Work accomplishment and expenditure shall be monitored.

History

Statutory Authority: Chapter 36.79 RCW. WSR 05-22-060, § 136-11-040, filed 10/31/05, effective 12/1/05.

Wash. Admin. Code § 136-11-050 Annual review.

On an annual basis, beginning in calendar year 2008, the county road administration board shall review compliance with the requirements of WAC 136-11-040 and report the results to the transportation commission or its successor entity.

History

Statutory Authority: Chapter 36.79 RCW. WSR 05-22-060, § 136-11-050, filed 10/31/05, effective 12/1/05.

Wash. Admin. Code § 136-11-060 County road administration board assistance.

To assist each county to meet its requirements, the county road administration board shall provide maintenance management support and training. The county road administration board will also provide to counties, upon request, technical assistance related to defining, developing, operating, managing and utilizing maintenance management procedures.

History

Statutory Authority: Chapter 36.79 RCW. WSR 05-22-060, § 136-11-060, filed 10/31/05, effective 12/1/05.

Chapter 136-12 Standards of good practice—Vacancy or change in position of county engineer.

Wash. Admin. Code § 136-12-010 Purpose and authority.

The laws of the state of Washington make detailed provisions in chapter 36.80 RCW, for the employment of a county engineer in each county. This chapter specifies that the county legislative authority of each county shall employ a county road engineer on either a full-time or part-time basis, or by contracting with another county for the engineering services of a county road engineer; that they shall be a registered and licensed professional civil engineer under the laws of this state; that they shall have supervision, under the direction of the county legislative authority, of all activities related to the county roads of the county, including maintenance; that they shall certify to the county legislative authority all bills with respect to county roads; that they shall keep complete public records of all road department activities; that they shall prepare plans and specifications for all construction work on the county road system; give an official bond to the county conditioned upon faithfully performing all the duties and accounting for county property entrusted to them.

History

Statutory Authority: Chapter 36.78 RCW. WSR 22-03-084, § 136-12-010, filed 1/18/22, effective 2/18/22
WSR 17-11-037, § 136-12-010, filed 5/11/17, effective 6/11/17. Statutory Authority: Chapter 36.79 RCW. WSR 02-18-018, § 136-12-010, filed 8/22/02, effective 9/22/02
WSR 99-01-021, § 136-12-010, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.78.070 and 36.79.060. WSR 96-17-013, § 136-12-010, filed 8/12/96, effective 9/12/96. Statutory Authority: RCW 36.78.080. WSR 90-07-074 (Order 74), § 136-12-010, filed 3/21/90, effective 4/21/90
Order 13, § 136-12-010, filed 12/26/69
Regulation 1, § 136-12-010, filed 12/13/67.

Wash. Admin. Code § 136-12-020 Procedure during vacancy or change.

When a vacancy or change occurs in the office of county engineer for any reason, the county legislative authority shall take immediate steps to find a replacement. The county legislative authority or county executive shall, by electronic email or official letter, within five business days, notify the county road administration board of the vacancy or change, the effective date of the vacancy or change and of the procedure to be followed during the period of vacancy. The notice to the county road administration board shall state that the legislative authority or county executive has reviewed the requirements within chapter 136-12 WAC.

History

Statutory Authority: Chapter 36.78 RCW. WSR 19-04-048, § 136-12-020, filed 1/29/19, effective 3/1/19
WSR 17-11-037, § 136-12-020, filed 5/11/17, effective 6/11/17
WSR 14-17-035, § 136-12-020, filed 8/13/14, effective 9/13/14. Statutory Authority: Chapter 36.79 RCW. WSR 02-18-018, § 136-12-020, filed 8/22/02, effective 9/22/02
WSR 99-01-021, § 136-12-020, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.78.080. WSR 90-07-074 (Order 74), § 136-12-020, filed 3/21/90, effective 4/21/90
Regulation 1, § 136-12-020, filed 12/13/67.

Wash. Admin. Code § 136-12-030 Acting county engineer.

If for any reason it is impossible to employ a new county engineer immediately, the county legislative authority shall designate, by resolution, an acting county engineer for an interim period not to exceed six months except as provided in WAC 136-12-060. A copy of such resolution shall be forwarded to the county road administration board within five business days of the effective date of the vacancy.

If the acting county engineer is not a licensed professional civil engineer, the legislative authority shall designate a licensed professional civil engineer to perform all professional civil engineering functions during the interim period as required by chapter 18.43 RCW, and the unlicensed acting county engineer shall perform only those functions of the office not requiring a professional civil engineer's license.

Per RCW 18.43.120, it is unlawful for a person to practice engineering without a license, unless directly overseen by a licensed individual. For the purposes of this chapter, the practice of engineering involves anything requiring engineering opinion, judgment, consultation, analysis, calculation, or design, but would exclude certain routine maintenance and operations decision making and calculations by qualified personnel.

History

Statutory Authority: Chapter 36.78 RCW. WSR 22-03-084, § 136-12-030, filed 1/18/22, effective 2/18/22
WSR 19-04-048, § 136-12-030, filed 1/29/19, effective 3/1/19. Statutory Authority: Chapter 36.79 RCW. WSR 99-01-021, § 136-12-030, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.78.080. WSR 90-07-074 (Order 74), § 136-12-030, filed 3/21/90, effective 4/21/90
Order 25, § 136-12-030, filed 1/27/75
Order 1, § 136-12-030, filed 7/17/68
Regulation 1, § 136-12-030, filed 12/13/67.

Wash. Admin. Code § 136-12-045 Notification of hiring.

When final arrangements for the employment of a new county engineer have been made, the county legislative authority or the county executive shall, within five business days, notify the county road administration board in writing and shall include the following information: Name of new county engineer, Washington professional civil engineer registration number, start date, and contact information, including an email address when available. In addition, the notification shall include a copy of the organization chart detailing the responsibilities of the county engineer if there is an adopted change, WAC 136-50-050(1), and a copy of the appointment resolution, letter of appointment, or copy of the meeting minutes of the legislative authority recording the appointment.

History

Statutory Authority: RCW 36.78.070. WSR 23-23-013, § 136-12-045, filed 11/2/23, effective 12/3/23. Statutory Authority: Chapter 36.78 RCW. WSR 19-04-048, § 136-12-045, filed 1/29/19, effective 3/1/19
WSR 17-11-037, § 136-12-045, filed 5/11/17, effective 6/11/17. Statutory Authority: Chapter 36.79 RCW. WSR 02-18-018, § 136-12-045, filed 8/22/02, effective 9/22/02.

Wash. Admin. Code § 136-12-060 Failure to comply.

In the case of vacancy or change, if a county fails to comply with any portion of chapter 136-12 WAC, the matter will be considered at the next regular meeting of the county road administration board. The county road administration board may take any action regarding county forces construction, the county's motor vehicle fuel tax distribution, county arterial preservation program eligibility or rural arterial program eligibility it deems appropriate: Provided however, that it may continue to grant reasonable extensions in the event the affected county can give adequate proof or demonstrate at the next regularly scheduled board meeting that a diligent effort has been made to secure the services of a qualified professional civil engineer.

History

Statutory Authority: Chapter 36.78 RCW. WSR 19-04-048, § 136-12-060, filed 1/29/19, effective 3/1/19
WSR 17-11-037, § 136-12-060, filed 5/11/17, effective 6/11/17
WSR 09-23-044, § 136-12-060, filed 11/9/09, effective 12/10/09. Statutory Authority: Chapter 36.79 RCW. WSR 02-18-018, § 136-12-060, filed 8/22/02, effective 9/22/02
WSR 99-01-021, § 136-12-060, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.78.080. WSR 90-07-074 (Order 74), § 136-12-060, filed 3/21/90, effective 4/21/90
Regulation 1, § 136-12-060, filed 12/13/67.

Wash. Admin. Code § 136-12-070 County engineer in counties that choose to employ a part-time county engineer or a contract county engineer.

When the county legislative authority chooses to employ a county engineer on a part-time basis the terms of such employment shall be set forth in a contract adopted by resolution of the legislative authority. Such contract shall specify, but need not be limited to: Statement of legal responsibility, salary or wage arrangements, meetings with the legislative authority, travel expenses and relationship with regular employees. A copy of such resolution and contract shall be forwarded to the office of the county road administration board within five business days of adoption.

When the legislative authority chooses to contract with another county for services such contract shall be approved by resolution of both legislative authorities. Such contract shall specify, but need not be limited to: Statement of legal responsibility, salary or wage arrangements, meetings with the legislative authority, travel expenses and relationship with regular employees. A copy of the contract and both resolutions shall be forwarded to the office of the county road administration board within five business days of adoption by both counties. Any such contract shall be in accordance with the procedures of the Interlocal Cooperation Act, chapter 39.34 RCW.

History

Statutory Authority: Chapter 36.78 RCW. WSR 19-04-048, § 136-12-070, filed 1/29/19, effective 3/1/19. Statutory Authority: Chapter 36.79 RCW. WSR 02-18-018, § 136-12-070, filed 8/22/02, effective 9/22/02
WSR 99-01-021, § 136-12-070, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.78.070 and 36.79.060. WSR 96-17-013, § 136-12-070, filed 8/12/96, effective 9/12/96. Statutory Authority: RCW 36.78.080. WSR 90-07-074 (Order 74), § 136-12-070, filed 3/21/90, effective 4/21/90
Order 13, § 136-12-070, filed 12/26/69.

Wash. Admin. Code § 136-12-080 Supervision of nonengineering county engineer duties in counties with a part-time county engineer or a contract county engineer.

When a legislative authority of a county chooses to employ a county engineer on a part-time basis or contract with another county for the services of its county engineer, it shall designate by resolution a full-time employee to perform the day-to-day supervision of the county engineer duties not requiring a professional civil engineering license in accordance with policies established by the legislative authority.

History

Statutory Authority: Chapter 36.78 RCW. WSR 22-03-084, § 136-12-080, filed 1/18/22, effective 2/18/22
WSR 19-04-048, § 136-12-080, filed 1/29/19, effective 3/1/19. Statutory Authority: Chapter 36.79 RCW. WSR 02-18-018, § 136-12-080, filed 8/22/02, effective 9/22/02. Statutory Authority: RCW 36.78.070 and 36.79.060. WSR 96-17-013, § 136-12-080, filed 8/12/96, effective 9/12/96. Statutory Authority: RCW 36.78.080. WSR 90-07-074 (Order 74), § 136-12-080, filed 3/21/90, effective 4/21/90
Order 13, § 136-12-080, filed 12/26/69.

Chapter 136-14 Standards of good practice—Priority programming.

Wash. Admin. Code § 136-14-010 Purpose and authority.

The requirement to develop and adopt both long range and short range programs as a prerequisite to road construction is established in RCW 36.79.080, 36.81.121 and 36.81.130. Numerous studies have shown that road construction needs far exceed available revenue. Priority programming is the development and application of techniques designed to rank any array of potential projects in order of importance to serve as a guide in assisting a county legislative authority in the formulation of road programs and distribution of limited resources. Priority programming procedures for counties must be adaptable to a wide variety of situations.

History

Statutory Authority: Chapter 36.78 RCW. WSR 19-04-048, § 136-14-010, filed 1/29/19, effective 3/1/19. Statutory Authority: Chapter 36.79 RCW. WSR 99-01-021, § 136-14-010, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.78.070. WSR 90-07-075 (Order 75), § 136-14-010, filed 3/21/90, effective 4/21/90
Order 16, § 136-14-010, filed 7/22/71.

Wash. Admin. Code § 136-14-020 Application.

Priority programming techniques shall be applied in the ranking of all potential projects on the road system of each county. They may be applied to all road and bridge projects combined in a single group, may be applied to individual functional classes of roads and further subdivided into rural and urban systems if desired, or by funding source(s). Priority programming will not be required, but is recommended, for the local access road system. However, bridges on the local access road system must be included in priority programming.

History

Statutory Authority: Chapter 36.78 RCW. WSR 22-03-084, § 136-14-020, filed 1/18/22, effective 2/18/22
WSR 19-04-048, § 136-14-020, filed 1/29/19, effective 3/1/19. Statutory Authority: RCW 36.78.070. WSR 90-07-075 (Order 75), § 136-14-020, filed 3/21/90, effective 4/21/90
Order 16, § 136-14-020, filed 7/22/71.

Wash. Admin. Code § 136-14-030 Process.

Each county engineer will be required to develop a priority programming process tailored to meet the overall roadway system development policy determined by their county legislative authority. Items to be included and considered, which may vary from county to county, in the technique for roads shall include, but need not be limited to the following:

(1) Traffic volumes;

(2) Roadway condition;

(3) Geometrics;

(4) Safety and accident history; and

(5) Matters of significant local importance.

Bridge priorities shall be established in accordance with WAC 136-20-060. A description of the priority programming technique to be used shall be submitted by each county engineer to the county road administration board, upon request.

The county road administration board, upon request, will provide assistance to counties in the development, evaluation or modification of their priority programming process in order to meet the requirements of this rule.

History

Statutory Authority: Chapter 36.78 RCW. WSR 22-03-084, § 136-14-030, filed 1/18/22, effective 2/18/22
WSR 19-04-048, § 136-14-030, filed 1/29/19, effective 3/1/19. Statutory Authority: Chapter 36.79 RCW. WSR 99-01-021, § 136-14-030, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.78.070 and 36.79.060. WSR 96-17-013, § 136-14-030, filed 8/12/96, effective 9/12/96. Statutory Authority: RCW 36.78.070. WSR 90-07-075 (Order 75), § 136-14-030, filed 3/21/90, effective 4/21/90
Order 3388, § 136-14-030, filed 4/7/72
Order 16, § 136-14-030, filed 7/22/71.

Wash. Admin. Code § 136-14-040 Application of process.

The priority programming process for roads shall be applied by the county engineer to all potential arterial, collector and bridge projects in the county, and to local access road projects if directed by the legislative authority. The resulting priority array(s) shall be updated not later than the first Monday in October and shall be consulted together with bridge priorities by the county legislative authority and county engineer during the preparation of the proposed six-year transportation program as described in chapter 136-15 WAC.

History

Statutory Authority: Chapter 36.78 RCW. WSR 22-03-084, § 136-14-040, filed 1/18/22, effective 2/18/22
WSR 19-04-048, § 136-14-040, filed 1/29/19, effective 3/1/19. Statutory Authority: Chapter 36.79 RCW. WSR 99-01-021, § 136-14-040, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.78.070 and 36.79.060. WSR 96-17-013, § 136-14-040, filed 8/12/96, effective 9/12/96. Statutory Authority: RCW 36.78.070. WSR 90-07-075 (Order 75), § 136-14-040, filed 3/21/90, effective 4/21/90
Order 25, § 136-14-040, filed 1/27/75
Order 3388, § 136-14-040, filed 4/7/72
Order 16, § 136-14-040, filed 7/22/71.

Wash. Admin. Code § 136-14-050 Certification.

In order to assure that priority arrays were available and were consulted during the preparation of the proposed six-year transportation program each year, the resolution of adoption of such program by each legislative authority shall include assurances to this effect. A copy of the adopting resolution shall be forwarded to the county road administration board together with the six-year transportation program.

History

Statutory Authority: RCW 36.78.070 and 36.79.060. WSR 96-17-013, § 136-14-050, filed 8/12/96, effective 9/12/96. Statutory Authority: RCW 36.78.070. WSR 90-07-075 (Order 75), § 136-14-050, filed 3/21/90, effective 4/21/90
Order 25, § 136-14-050, filed 1/27/75
Order 16, § 136-14-050, filed 7/22/71.

Wash. Admin. Code § 136-14-060 Inventory records.

Each priority programming process will be based, at least in part, on existing road conditions. It is required, therefore, that in each county an adequate road inventory system be maintained. The inventory system shall be updated no later than April 1st of each year to reflect work done and improvements made during the previous year in accordance with requirements of chapter 136-60 WAC.

History

Statutory Authority: RCW 36.78.070. WSR 23-23-013, § 136-14-060, filed 11/2/23, effective 12/3/23. Statutory Authority: Chapter 36.79 RCW. WSR 99-01-021, § 136-14-060, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.78.070 and 36.79.060. WSR 96-17-013, § 136-14-060, filed 8/12/96, effective 9/12/96. Statutory Authority: RCW 36.78.070. WSR 90-07-075 (Order 75), § 136-14-060, filed 3/21/90, effective 4/21/90
Order 16, § 136-14-060, filed 7/22/71.

Chapter 136-15 Standards of good practice procedures for preparation of six-year transportation programs.

Wash. Admin. Code § 136-15-010 Purpose and authority.

RCW 36.81.121 requires the preparation and annual updating of a six-year comprehensive transportation program. The program shall be adopted by the county legislative authority at any time before adoption of the annual budget and shall include all anticipated road and bridge construction projects, capital ferry expenditures, paths and trails projects and any other specified capital outlays for the following six-year period. The purpose of this chapter is to implement these statutory requirements with assurance that the program is based on a realistic assessment of available funding during the program period.

History

Statutory Authority: Chapter 36.79 RCW. WSR 99-01-021, § 136-15-010, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.81.121. WSR 97-24-068, § 136-15-010, filed 12/2/97, effective 1/2/98. Statutory Authority: RCW 36.78.070 and 36.79.060. WSR 96-17-013, § 136-15-010, filed 8/12/96, effective 9/12/96. Statutory Authority: Chapter 36.78 RCW. WSR 88-16-017 (Order 68), § 136-15-010, filed 7/25/88.

Wash. Admin. Code § 136-15-020 Contents of six-year program.

Each adopted program shall designate the six-year time period included, the name of the county, the county number as assigned by the state office of financial management, the date(s) of the public hearing held to provide public input to the program, the date of the adoption by the legislative authority and the adopting resolution number. The adopted program for submittal to the county road administration board shall consist of two parts:

(1) A road fund revenue and expenditure analysis for the six-year time period; and

(2) A program listing of specific projects.

History

Statutory Authority: Chapter 36.79 RCW. WSR 99-01-021, § 136-15-020, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.78.070 and 36.79.060. WSR 96-17-013, § 136-15-020, filed 8/12/96, effective 9/12/96. Statutory Authority: Chapter 36.78 RCW. WSR 88-16-017 (Order 68), § 136-15-020, filed 7/25/88.

Wash. Admin. Code § 136-15-030 Road fund revenue and expenditure analysis.

The road fund revenue and expenditure analysis shall include the county's best estimates of future road fund revenues and expenditures over each year of the six-year program period.

The anticipated revenues should include a line item for motor vehicle fuel tax, the road levy after diversion, federal transportation program grants (by program), TIB funds, RATA funds, RID funds, public works trust fund loans, state forest funds, federal forest funds, and other miscellaneous revenues.

The anticipated road fund expenditures should include line items for administration, maintenance, facilities, transfers and loan repayments, reimbursable work and miscellaneous expenditures and shall show by subtraction the amount available for construction during each year of the program period.

History

Statutory Authority: Chapter 36.79 RCW. WSR 99-01-021, § 136-15-030, filed 12/7/98, effective 1/7/99. Statutory Authority: Chapter 36.78 RCW. WSR 88-16-017 (Order 68), § 136-15-030, filed 7/25/88.

Wash. Admin. Code § 136-15-040 Program listings of specific projects.

This listing shall include projects having an estimated cost approximately equal to the anticipated revenues for projects during the program period, clearly identifying those projects (1) for which funding is reasonably assured; (2) for which funds are not specifically assured but are within expected levels of existing programs for the applicable year; and (3), if desired, those which are unfunded within currently anticipated resources. Because of the possibility of unforeseen future circumstances at the time of approval of the six-year program, the above construction funding classification for any project shall not be considered final, but only an indication of the relative certainty of the various proposed projects.

Minimum required information for each project: Road log number, beginning and ending mile post limits, project length, federal functional classification, freight and goods classification, project name, project description or type, estimated cost and proposed/secured funding sources, and funding status.

It is recommended that provision be made in the program for one or more generic projects each year for improvements such as miscellaneous safety projects, new culvert and small bridge construction and other minor improvements.

History

Statutory Authority: Chapter 36.78 RCW. WSR 22-03-084, § 136-15-040, filed 1/18/22, effective 2/18/22
WSR 88-16-017 (Order 68), § 136-15-040, filed 7/25/88.

Wash. Admin. Code § 136-15-045 RAP projects in the six-year program.

Each county's six-year transportation program shall include all projects for which the county is seeking RATA funds during the succeeding biennium. The six-year transportation program may include a general subprogram item of which RAP projects, although not specifically listed, may be a part. A county may only include a proposed RAP project within a subprogram item if:

(1) The project(s) is not rehabilitation or reconstruction in scope;

(2) The specific listing of projects used for support of the general subprogram item was made available to the public at the time of six-year program adoption;

(3) The county provides the county road administration board with the specific project listing in writing, citing the subprogram that includes the specific project.

History

Statutory Authority: Chapter 36.78 RCW. WSR 13-16-105, § 136-15-045, filed 8/7/13, effective 9/7/13. Statutory Authority: Chapter 36.79 RCW. WSR 99-01-021, § 136-15-045, filed 12/7/98, effective 1/7/99.

Wash. Admin. Code § 136-15-050 Adoption and submittal of six-year program.

A six-year program shall be adopted by resolution of the county legislative authority after appropriate public hearing at any time before adoption of the annual budget. The resolution of adoption shall include reference to availability of:

(1) A priority array as required by WAC 136-14-050;

(2) An engineer's bridge condition report as required by WAC 136-20-060; and

(3) The multiyear financing plan of the transportation element of the county's comprehensive plan if required by chapter 36.70A RCW.

Within thirty days of adoption, the county legislative authority shall submit the six-year program to the county road administration board.

History

Statutory Authority: Chapter 36.79 RCW. WSR 99-01-021, § 136-15-050, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.81.121. WSR 97-24-068, § 136-15-050, filed 12/2/97, effective 1/2/98. Statutory Authority: Chapter 36.78 RCW. WSR 88-16-017 (Order 68), § 136-15-050, filed 7/25/88.

Wash. Admin. Code § 136-15-055 Modification of program.

The adopted six-year program may not be revised except by a majority vote of the members of the legislative authority who are present when the vote is taken. Such revisions shall be by resolution of the legislative authority and only after a public hearing thereon. A copy of such adopting resolution shall be forwarded to the county road administration board as part of the annual certification for that calendar year.

History

Statutory Authority: Chapter 36.78 RCW. WSR 19-04-048, § 136-15-055, filed 1/29/19, effective 3/1/19.

Wash. Admin. Code § 136-15-060 Conflicts with WSDOT and TIB authority.

Nothing in this rule shall eliminate or modify any requirements or procedures or authorities of either the Washington state department of transportation or the transportation improvement board as codified in the Revised Code of Washington or as adopted in the Washington Administrative Code.

History

Statutory Authority: Chapter 36.78 RCW. WSR 88-16-017 (Order 68), § 136-15-060, filed 7/25/88.

Chapter 136-16 Standards of good practice—Annual road program, construction report, and construction by county forces limits.

Wash. Admin. Code § 136-16-010 Purpose and authority.

As provided for in RCW 36.81.130, the county engineer shall submit a recommended annual road program, hereinafter referred to as the annual program, to the county legislative authority on or before the first Monday in October. The annual road program shall include recommendations for all road and bridge construction projects and all road equipment purchases for the ensuing year. The county legislative authority shall consider the recommended program and make any revisions deemed necessary.

History

Statutory Authority: Chapter 36.79 RCW. WSR 99-01-021, § 136-16-010, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.78.070 and 36.79.060. WSR 96-17-013, § 136-16-010, filed 8/12/96, effective 9/12/96. Statutory Authority: RCW 36.78.070. WSR 90-07-076 (Order 76), § 136-16-010, filed 3/21/90, effective 4/21/90
Order 29, § 136-16-010, filed 8/3/76
Order 21, § 136-16-010, filed 4/19/73
Regulation 2, § 136-16-010, filed 12/13/67.

Wash. Admin. Code § 136-16-018 Adoption of annual program.

The county legislative authority shall adopt a final annual program at any time prior to the adoption of the budget.

History

Statutory Authority: Chapter 36.79 RCW. WSR 99-01-021, § 136-16-018, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.78.070. WSR 90-07-076 (Order 76), § 136-16-018, filed 3/21/90, effective 4/21/90
Order 29, § 136-16-018, filed 8/3/76
Order 21, § 136-16-018, filed 4/19/73.

Wash. Admin. Code § 136-16-020 Contents of annual program.

The adopted annual program shall include, but not be limited to:

(1) A line item for estimated preliminary engineering costs;

(2) A line item for estimated right of way acquisition costs; and

(3) A listing of all proposed construction projects for the year including a brief description of the work, the name, number and functional classification of the road, an estimate of the total cost of each project, including construction engineering but excluding preliminary engineering and right of way acquisition, and a notation as to whether construction work on each project is to be done by contract or construction by county forces or both.

When a project involves both contract and construction by county forces work the estimate shall be divided to show the estimated cost of each type of work. The sum of all construction costs shall be approximately equal to the amount included in the road fund construction budget for construction work. All construction projects shall be shown, regardless of funding source, including all projects previously authorized and under way on which expenditures are anticipated during the program year. Projects previously authorized on which construction work is contemplated within the program year shall also be listed showing the estimated costs of work during the program year. In all cases, the total amount of proposed construction by county forces costs shall not exceed the construction by county forces limit as computed in WAC 136-16-022.

History

Statutory Authority: Chapter 36.78 RCW. WSR 09-23-044, § 136-16-020, filed 11/9/09, effective 12/10/09. Statutory Authority: RCW 36.78.070 and 36.79.060. WSR 96-17-013, § 136-16-020, filed 8/12/96, effective 9/12/96. Statutory Authority: Chapter 36.78 RCW. WSR 80-09-084 (Order 38), § 136-16-020, filed 7/22/80
Order 29, § 136-16-020, filed 8/3/76
Order 21, § 136-16-020, filed 4/19/73
Regulation 2, § 136-16-020, filed 12/13/67.

Wash. Admin. Code § 136-16-022 Construction by county forces limit.

The statutory construction by county forces limit shall be computed in accordance with RCW 36.77.065. The county population used in the computation shall be the official office of financial management estimate as of April 1st of the previous calendar year.

Determination by the county road administration board that a violation of RCW 36.77.065 has occurred shall be cause for issuance of a conditional certificate of good practice by the board as specified in WAC 136-04-060 on behalf of the county in which the violation occurred. The first condition of such a conditional certificate of good practice shall be that the county be required, at the next regular or special meeting of the county road administration board, to show cause why a certificate of good practice should not be denied to that county.

History

Statutory Authority: Chapter 36.78 RCW. WSR 09-23-044, § 136-16-022, filed 11/9/09, effective 12/10/09. Statutory Authority: Chapter 36.79 RCW and SSB 5733. WSR 01-24-074, § 136-16-022, filed 12/3/01, effective 1/3/02. Statutory Authority: Chapter 36.79 RCW. WSR 99-01-021, § 136-16-022, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.78.070 and 36.79.060. WSR 96-17-013, § 136-16-022, filed 8/12/96, effective 9/12/96. Statutory Authority: RCW 36.78.070. WSR 90-07-076 (Order 76), § 136-16-022, filed 3/21/90, effective 4/21/90. Statutory Authority: Chapter 36.78 RCW. WSR 80-16-020 (Order 40), § 136-16-022, filed 10/29/80
WSR 80-09-084 (Order 38), § 136-16-022, filed 7/22/80.

Wash. Admin. Code § 136-16-025 Miscellaneous and alternate projects.

The adopted program may include an item for miscellaneous unspecified projects in a dollar amount not to exceed ten per cent of the total. The adopted program may also include a separate section for alternate projects which shall be listed in the same manner as required for regular program projects. No construction work shall be done on any alternate project until it has been authorized by resolution. Said resolution shall clearly identify the project as an alternate project, and shall specify which project or projects are being deferred or deleted in order that adequate funding be available for the alternate.

History

Statutory Authority: Chapter 36.78 RCW. WSR 80-09-084 (Order 38), § 136-16-025, filed 7/22/80.

Wash. Admin. Code § 136-16-030 Requirements of listing equipment.

In accordance with RCW 36.81.130. The annual program shall also include a list of all major road equipment purchases and repairs contemplated for the year, together with the estimated costs thereof. The total estimated cost of all equipment listed shall be approximately equal to the amount budgeted for equipment purchase in the annual equipment rental and revolving fund budget. The equipment list may include an item for miscellaneous minor equipment in any amount up to ten percent of the estimated total cost. The list may also include a list of alternate or additional items of equipment totaling up to fifteen percent of the basic list cost to allow for unforeseen conditions.

History

Statutory Authority: Chapter 36.78 RCW. WSR 14-17-035, § 136-16-030, filed 8/13/14, effective 9/13/14. Statutory Authority: Chapter 36.79 RCW. WSR 99-01-021, § 136-16-030, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.78.070 and 36.79.060. WSR 96-17-013, § 136-16-030, filed 8/12/96, effective 9/12/96
Regulation 2, § 136-16-030, filed 12/13/67.

Wash. Admin. Code § 136-16-035 Requirements of listing maintenance.

In accordance with RCW 36.81.130, the annual program shall also include the amounts to be expended for maintenance but details of the proposed expenditures shall not be made. This requirement shall be deemed satisfied by submission of a maintenance management work plan and budget per WAC 136-11-040.

History

Statutory Authority: Chapter 36.78 RCW. WSR 14-17-035, § 136-16-035, filed 8/13/14, effective 9/13/14. Statutory Authority: Chapter 36.79 RCW. WSR 99-01-021, § 136-16-035, filed 12/7/98, effective 1/7/99.

Wash. Admin. Code § 136-16-040 Forwarding of program.

A copy of the adopted annual program and appropriate resolution shall be forwarded to the county road administration board within thirty days of its adoption but not later than December 31st of each year.

History

Statutory Authority: Chapter 36.79 RCW. WSR 99-01-021, § 136-16-040, filed 12/7/98, effective 1/7/99
Order 21, § 136-16-040, filed 4/19/73
Regulation 2, § 136-16-040, filed 12/13/67.

Wash. Admin. Code § 136-16-042 Modification of program.

The adopted annual program may not be changed, revised or increased except by unanimous vote of the members of the legislative authority who are present when the vote is taken. Such modifications shall be by resolution of the legislative authority and shall list each changed, revised or added project. A copy of such resolution shall be forwarded to the county road administration board within thirty-days of its adoption.

History

Statutory Authority: Chapter 36.79 RCW. WSR 99-01-021, § 136-16-042, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.78.070 and 36.79.060. WSR 96-17-013, § 136-16-042, filed 8/12/96, effective 9/12/96. Statutory Authority: RCW 36.78.070. WSR 90-07-076 (Order 76), § 136-16-042, filed 3/21/90, effective 4/21/90. Statutory Authority: Chapter 36.78 RCW. WSR 80-09-084 (Order 38), § 136-16-042, filed 7/22/80
Order 29, § 136-16-042, filed 8/3/76
Order 21, § 136-16-042, filed 4/19/73.

Wash. Admin. Code § 136-16-050 Annual construction report.

At any time prior to April 1st of the year following the annual program year, the county engineer shall submit an annual construction report to the county road administration board in accordance with forms and instructions provided by the county road administration board. The construction report shall show actual expenditures for all construction work including construction administration and engineering done during the previous budget year. Upon receipt of each county's annual construction report, the construction by county forces limit as described in RCW 36.77.065 will again be compared with the actual accomplishments as set forth in the annual construction report. A county which exceeds the construction by county forces limit as part of the annual program or as part of the annual construction report shall be in violation of this standard of good practice.

History

Statutory Authority: Chapter 36.78 RCW. WSR 09-23-044, § 136-16-050, filed 11/9/09, effective 12/10/09. Statutory Authority: Chapter 36.79 RCW. WSR 99-01-021, § 136-16-050, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.78.070 and 36.79.060. WSR 96-17-013, § 136-16-050, filed 8/12/96, effective 9/12/96. Statutory Authority: RCW 36.78.070. WSR 90-07-076 (Order 76), § 136-16-050, filed 3/21/90, effective 4/21/90. Statutory Authority: Chapter 36.78 RCW. WSR 80-09-084 (Order 38), § 136-16-050, filed 7/22/80
Regulation 2, § 136-16-050, filed 12/13/67.

Chapter 136-18 Standards of good practice—Construction by county forces.

Wash. Admin. Code § 136-18-010 Purpose and authority.

Chapter 36.77 RCW provides for the construction and improvement of county roads by contract, by construction by county forces or by a combination of construction by county forces and contract. The purpose of this standard of good practice is to assure that all construction by county forces construction work is accomplished within statutory limitations.

History

Statutory Authority: Chapter 36.78 RCW. WSR 09-23-044, § 136-18-010, filed 11/9/09, effective 12/10/09. Statutory Authority: Chapter 36.79 RCW. WSR 99-01-021, § 136-18-010, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.78.070 and 36.79.060. WSR 96-17-013, § 136-18-010, filed 8/12/96, effective 9/12/96. Statutory Authority: Chapter 36.78 RCW. WSR 80-16-019 (Order 39), § 136-18-010, filed 10/29/80
Order 27, § 136-18-010, filed 1/27/76.

Wash. Admin. Code § 136-18-020 Definitions.

For purposes of implementing statutory requirements relative to construction by county forces, the following definitions shall apply:

(1) Construction - The building of a new road facility or improvement of an existing facility to a higher geometric or structural standard.

(2) Construction by county forces - Construction work performed by personnel carried on the county payroll using county owned, leased or rented equipment.

(3) Authorization date - The date that construction is authorized.

(4) Start of construction - The date that construction work commences.

(5) End of construction - The date that construction work is completed.

(6) Completion date - The date on which a county road project is closed in the accounting records.

(7) Estimated construction costs - The county engineer's estimate of the cost of contemplated construction work, not including preliminary engineering and right of way acquisition costs.

(8) Estimated project costs - The county engineer's estimate of the cost of engineering, right of way acquisition, and construction.

(9) True and complete construction costs - The accounting record of all construction costs attributed to a county road project from the authorization date to the completion date.

(10) True and complete project costs - The accounting record of all engineering, right of way acquisition, and construction costs attributed to a county road project from the authorization date to the completion date.

(11) Construction by county forces road project - Construction by county forces authorized by action of the county legislative authority in those counties where a cumulative dollar limit applies to all construction by county forces.

History

Statutory Authority: Chapter 36.78 RCW. WSR 09-23-044, § 136-18-020, filed 11/9/09, effective 12/10/09. Statutory Authority: Chapter 36.79 RCW and SSB 5733. WSR 01-24-074, § 136-18-020, filed 12/3/01, effective 1/3/02. Statutory Authority: RCW 36.78.070 and 36.79.060. WSR 96-17-013, § 136-18-020, filed 8/12/96, effective 9/12/96. Statutory Authority: Chapter 36.78 RCW. WSR 80-16-019 (Order 39), § 136-18-020, filed 10/29/80
WSR 79-01-098 (Order 35), § 136-18-020, filed 1/3/79
Order 27, § 136-18-020, filed 1/27/76.

Wash. Admin. Code § 136-18-030 Authorization of construction by county forces projects.

Every proposed construction by county forces road project shall be a part of the county's annual construction program as defined in RCW 36.81.130 and WAC 136-16-020. Additions to the program, and/or substitutions in the program, may be made by unanimous action of the county legislative authority at any time as provided in RCW 36.81.130. No construction work shall be done on any project until it has been authorized by resolution of said authority. The resolution shall include:

(1) A brief description of the project;

(2) A vicinity map showing the location of the project and its limits, provided that in lieu of individual vicinity maps, a single vicinity map showing the location of all projects may be included with the resolution adopting the annual program;

(3) Identification of the project in terms of the officially adopted annual program;

(4) The county engineer's estimate of construction costs prepared pursuant to the completion of such preliminary engineering; and

(5) Construction plans as shall be necessary and sufficient.

History

Statutory Authority: Chapter 36.78 RCW. WSR 09-23-044, § 136-18-030, filed 11/9/09, effective 12/10/09. Statutory Authority: Chapter 36.79 RCW. WSR 99-01-021, § 136-18-030, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.78.070 and 36.79.060. WSR 96-17-013, § 136-18-030, filed 8/12/96, effective 9/12/96. Statutory Authority: Chapter 36.78 RCW. WSR 80-16-019 (Order 39), § 136-18-030, filed 10/29/80
WSR 79-01-098 (Order 35), § 136-18-030, filed 1/3/79
Order 27, § 136-18-030, filed 1/27/76.

Wash. Admin. Code § 136-18-035 Special construction by county forces limit for electrical and traffic control projects.

Projects that consist of electrical and traffic control work are subject to the specific construction by county forces limits as set forth in RCW 36.77.065.

History

Statutory Authority: Chapter 36.78 RCW. WSR 09-23-044, § 136-18-035, filed 11/9/09, effective 12/10/09. Statutory Authority: Chapter 36.79 RCW. WSR 99-01-021, § 136-18-035, filed 12/7/98, effective 1/7/99.

Wash. Admin. Code § 136-18-060 Construction by county forces project records.

All construction by county forces project cost records shall be kept in the manner prescribed by the BARS manual. Records of quantities shall be kept in a manner consistent with original project estimates. The project records shall contain, but shall not be limited to, the following:

(1) Dated authorizing resolution;

(2) Vicinity map showing project location and limits;

(3) County engineer's estimate;

(4) Affidavit of preconstruction publication required by RCW 36.77.070;

(5) Documentation of start and end of construction dates;

(6) Affidavit of post-construction publication showing true and complete project cost as required by RCW 36.77.070.

History

Statutory Authority: Chapter 36.78 RCW. WSR 09-23-044, § 136-18-060, filed 11/9/09, effective 12/10/09. Statutory Authority: Chapter 36.79 RCW. WSR 99-01-021, § 136-18-060, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.78.070 and 36.79.060. WSR 96-17-013, § 136-18-060, filed 8/12/96, effective 9/12/96. Statutory Authority: Chapter 36.78 RCW. WSR 79-01-098 (Order 35), § 136-18-060, filed 1/3/79
Order 27, § 136-18-060, filed 1/27/76.

Wash. Admin. Code § 136-18-064 Preconstruction publication requirements.

The preconstruction publication required by RCW 36.77.070 may be made at any time subsequent to the adoption of the annual road construction program by the county legislative authority, but no later than the commencement of construction by county forces on the project or projects. The publication shall include a brief description of each project and the county engineer's estimate of each project cost showing right of way acquisition, preliminary engineering, contract work (if any) and work by construction by county forces.

History

Statutory Authority: Chapter 36.78 RCW. WSR 09-23-044, § 136-18-064, filed 11/9/09, effective 12/10/09
WSR 85-11-054 (Order 59), § 136-18-064, filed 5/17/85.

Wash. Admin. Code § 136-18-080 Review of construction by county forces compliance by the county road administration board.

The executive director of the county road administration board shall have authority to investigate cases of apparent violations of construction by county forces limits and prepare a listing of all such projects for which actual expenditures have exceeded the statutory construction by county forces limit during the previous calendar year for review by the county road administration board at its second regular meeting of each calendar year.

History

Statutory Authority: Chapter 36.78 RCW. WSR 09-23-044, § 136-18-080, filed 11/9/09, effective 12/10/09. Statutory Authority: Chapter 36.79 RCW. WSR 99-01-021, § 136-18-080, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.78.070 and 36.79.060. WSR 96-17-013, § 136-18-080, filed 8/12/96, effective 9/12/96. Statutory Authority: Chapter 36.78 RCW. WSR 80-16-019 (Order 39), § 136-18-080, filed 10/29/80
Order 27, § 136-18-080, filed 1/27/76.

Wash. Admin. Code § 136-18-085 Determination of construction by county forces compliance by the county road administration board.

At its second regular meeting of each calendar year, the county road administration board shall determine if any county has unreasonably exceeded its statutory construction by county forces limit for the preceding calendar year, as indicated in RCW 36.77.065. In determining what is unreasonable, the county road administration board shall consider the following:

(1) Did the county provide prior notification of the possible construction by county forces limit violation in writing to the county road administration board?

(2) What is the amount of the excess construction by county forces expenditure compared to the total annual county road construction expenditure for the same time period?

(3) Are there extenuating circumstances beyond the control of the county that resulted in exceeding the statutory construction by county forces limit?

(4) What is the past record of the county regarding construction by county forces compliance?

History

Statutory Authority: Chapter 36.78 RCW. WSR 09-23-044, § 136-18-085, filed 11/9/09, effective 12/10/09. Statutory Authority: Chapter 36.79 RCW. WSR 02-18-019, § 136-18-085, filed 8/22/02, effective 9/22/02.

Wash. Admin. Code § 136-18-090 Action on construction by county forces compliance by the county road administration board.

History

Statutory Authority: Chapter 36.78 RCW. WSR 09-23-044, § 136-18-090, filed 11/9/09, effective 12/10/09. Statutory Authority: Chapter 36.79 RCW. WSR 99-01-021, § 136-18-090, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.78.070 and 36.79.060. WSR 96-17-013, § 136-18-090, filed 8/12/96, effective 9/12/96
Order 27, § 136-18-090, filed 1/27/76.

Chapter 136-20 Standards of good practice—Inspection of bridges on county roads.

Wash. Admin. Code § 136-20-010 Purpose and authority.

Bridges of many kinds are an integral part of every county road system. The safety and adequacy of these bridges is of vital importance to the traveling public. A program of regular periodic inspection and reporting is necessary to fully inform each county legislative authority regarding the condition and adequacy of all bridges. RCW 36.78.070(1) authorizes the county road administration board to establish standards of good practice for the administration of county roads and the efficient movement of people and goods over county roads.

History

Statutory Authority: Chapter 36.79 RCW. WSR 99-01-021, § 136-20-010, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.78.070. WSR 90-17-075 (Order 78), § 136-20-010, filed 8/16/90, effective 9/16/90. Statutory Authority: Chapter 36.78 RCW. WSR 79-01-099 (Order 36), § 136-20-010, filed 1/3/79
Order 11, § 136-20-010, filed 10/9/69.

Wash. Admin. Code § 136-20-020 Inventory.

Each county engineer shall have available in his or her office a complete inventory of all National Bridge Inventory (NBI) bridges on the county road system. The inventory shall list the location of each bridge by the state road log number and appropriate milepost, and shall include such other information as the engineer deems necessary. In addition, all data required for the current Washington state bridge inventory database system as maintained by the Washington state department of transportation (WSDOT) shall be submitted to the WSDOT local programs bridge engineer. It is highly recommended that each county engineer maintain a similar inventory of the short span bridges, drainage structures, and large culverts on the county road system.

History

Statutory Authority: RCW 36.78.070. WSR 23-23-013, § 136-20-020, filed 11/2/23, effective 12/3/23. Statutory Authority: Chapter 36.78 RCW. WSR 14-17-035, § 136-20-020, filed 8/13/14, effective 9/13/14. Statutory Authority: Chapter 36.79 RCW. WSR 99-01-021, § 136-20-020, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.78.070 and 36.79.060. WSR 96-17-013, § 136-20-020, filed 8/12/96, effective 9/12/96. Statutory Authority: RCW 36.78.070. WSR 91-21-136 (Order 83), § 136-20-020, filed 10/23/91, effective 11/23/91
WSR 90-17-075 (Order 78), § 136-20-020, filed 8/16/90, effective 9/16/90. Statutory Authority: Chapter 36.78 RCW. WSR 79-01-099 (Order 36), § 136-20-020, filed 1/3/79
Order 11, § 136-20-020, filed 10/9/69.

Wash. Admin. Code § 136-20-030 Inspection.

Each county engineer shall be responsible for all NBI inspections of all NBI bridges on the county road system in accordance with the National Bridge Inspection Standards (NBIS) as promulgated and periodically revised by the WSDOT local programs office. The county engineer shall ensure all inspection data is reported to the current Washington state bridge inventory system within 90 days of each inspection. It is highly recommended that each county engineer perform routine inspections of the short span bridges, drainage structures, and large culverts on the county road system.

History

Statutory Authority: RCW 36.78.070. WSR 23-23-013, § 136-20-030, filed 11/2/23, effective 12/3/23. Statutory Authority: Chapter 36.78 RCW. WSR 14-17-035, § 136-20-030, filed 8/13/14, effective 9/13/14. Statutory Authority: Chapter 36.79 RCW. WSR 99-01-021, § 136-20-030, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.78.070 and 36.79.060. WSR 96-17-013, § 136-20-030, filed 8/12/96, effective 9/12/96. Statutory Authority: RCW 36.78.070. WSR 91-21-136 (Order 83), § 136-20-030, filed 10/23/91, effective 11/23/91
WSR 90-17-075 (Order 78), § 136-20-030, filed 8/16/90, effective 9/16/90. Statutory Authority: Chapter 36.78 RCW. WSR 79-01-099 (Order 36), § 136-20-030, filed 1/3/79
Order 11, § 136-20-030, filed 10/9/69.

Wash. Admin. Code § 136-20-040 Certification.

Prior to April 1st of each calendar year, the WSDOT director of local programs will provide the following to the county road administration board a listing of all counties which are not in compliance with the requirements of the National Bridge Inspection Standards and the status of efforts toward achieving such compliance.

Any county which is not in compliance with the NBIS shall be assumed to be out of compliance with bridge inspection procedures.

History

Statutory Authority: RCW 36.78.070. WSR 23-23-013, § 136-20-040, filed 11/2/23, effective 12/3/23. Statutory Authority: Chapter 36.78 RCW. WSR 14-17-035, § 136-20-040, filed 8/13/14, effective 9/13/14. Statutory Authority: Chapter 36.79 RCW. WSR 99-01-021, § 136-20-040, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.78.070 and 36.79.060. WSR 96-17-013, § 136-20-040, filed 8/12/96, effective 9/12/96. Statutory Authority: RCW 36.78.070. WSR 91-21-136 (Order 83), § 136-20-040, filed 10/23/91, effective 11/23/91
WSR 90-17-075 (Order 78), § 136-20-040, filed 8/16/90, effective 9/16/90. Statutory Authority: Chapter 36.78 RCW. WSR 79-01-099 (Order 36), § 136-20-040, filed 1/3/79
Order 22, § 136-20-040, filed 4/19/73
Order 11, § 136-20-040, filed 10/9/69.

Wash. Admin. Code § 136-20-050 Failure to comply.

Failure of a county to be shown in compliance with required NBIS bridge inspection procedures may be cause for the county road administration board to withhold a certificate of good practice on behalf of that county in accordance with the procedures of chapter 136-04 WAC.

History

Statutory Authority: Chapter 36.78 RCW. WSR 14-17-035, § 136-20-050, filed 8/13/14, effective 9/13/14. Statutory Authority: RCW 36.78.070 and 36.79.060. WSR 96-17-013, § 136-20-050, filed 8/12/96, effective 9/12/96. Statutory Authority: Chapter 36.78 RCW. WSR 79-01-099 (Order 36), § 136-20-050, filed 1/3/79
Order 11, § 136-20-050, filed 10/9/69.

Wash. Admin. Code § 136-20-060 Engineer's report.

Each county engineer shall furnish the county legislative authority with a written report of the findings of the bridge inspection effort. This report shall be made available to said authority and shall be consulted during the preparation of the proposed six-year transportation program revision. The report shall include the county engineer's recommendations as to replacement, repair or load restriction for each deficient bridge. The resolution of adoption of the six-year transportation program shall include assurances to the effect that the county engineer's report with respect to deficient bridges was available to said authority during the preparation of the program. It is highly recommended that deficient short span bridges, drainage structures, and large culverts be included in said report.

History

Statutory Authority: Chapter 36.78 RCW. WSR 14-17-035, § 136-20-060, filed 8/13/14, effective 9/13/14. Statutory Authority: Chapter 36.79 RCW. WSR 99-01-021, § 136-20-060, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.78.070 and 36.79.060. WSR 96-17-013, § 136-20-060, filed 8/12/96, effective 9/12/96. Statutory Authority: RCW 36.78.070. WSR 91-21-136 (Order 83), § 136-20-060, filed 10/23/91, effective 11/23/91
WSR 90-17-075 (Order 78), § 136-20-060, filed 8/16/90, effective 9/16/90. Statutory Authority: Chapter 36.78 RCW. WSR 79-01-099 (Order 36), § 136-20-060, filed 1/3/79
Order 28, § 136-20-060, filed 5/4/76
Order 26, § 136-20-060, filed 5/6/75
Order 22, § 136-20-060, filed 4/19/73
Order 11, § 136-20-060, filed 10/9/69.

Chapter 136-25 Standards of good practice—Traffic law enforcement expenditures.

Wash. Admin. Code § 136-25-010 Purpose and authority.

RCW 36.79.140 sets forth the conditions under which counties are eligible to receive funds from the rural arterial trust account (RATA). Chapter 136-150 WAC describes how the RATA provisions will be implemented by the county road administration board. This chapter is specific to WAC 136-150-020, 136-150-021, 136-150-022, and 136-150-030 relating to road levy, road levy diversion, and traffic law enforcement.

History

Statutory Authority: Chapter 36.78 RCW. WSR 16-09-069, § 136-25-010, filed 4/18/16, effective 5/19/16.

Wash. Admin. Code § 136-25-020 Diversion of road levy funds may only be for traffic law enforcement within unincorporated areas of the county.

To preserve RATA eligibility, road levy funds diverted pursuant to RCW 36.33.220 may only be used for traffic law enforcement within the unincorporated areas of counties, except those counties with a population of less than eight thousand, RCW 36.79.140 and WAC 136-150-030.

History

Statutory Authority: Chapter 36.78 RCW. WSR 16-09-069, § 136-25-020, filed 4/18/16, effective 5/19/16.

Wash. Admin. Code § 136-25-030 Eligible traffic law enforcement activities on county roads.

For purposes of maintaining RATA eligibility, should the legislative authority vote and budget to divert road levy funds, the following traffic law enforcement activities occurring in unincorporated county areas are the only activities that can be funded by county road levy funds.

(1) Speed limit and other traffic law enforcement;

(2) Collision investigation documenting/reporting;

(3) Oversize vehicle (weight, length, width, and height) enforcement;

(4) Special traffic emphasis patrols;

(5) Facilitating the removal of abandoned vehicles from the county road and rights of way;

(6) Facilitating the removal of roadway and right of way obstructions at the request of the county engineer;

(7) Investigating illegal littering and dumping on county road rights of way;

(8) Sign damage investigation and enforcement;

(9) Road condition enforcement, including mud, water, debris, or spills;

(10) Rights of way encroachment investigation and enforcement at the request of the county engineer;

(11) Maintenance and construction zone traffic enforcement;

(12) Road department vehicle special collision investigation at the request of the county engineer; and

(13) Other activities clearly related to county road law enforcement needs, as mutually agreed upon in writing by the county road engineer and the county sheriff. Disagreements shall be elevated to the county legislative authority.

History

Statutory Authority: Chapter 36.78 RCW. WSR 16-09-069, § 136-25-030, filed 4/18/16, effective 5/19/16.

Wash. Admin. Code § 136-25-040 Compliance and documentation.

The certification required by WAC 136-150-022 shall be on a form provided by the county road administration board. Each county shall maintain adequate records of annual traffic law enforcement expenditures in such format and detail to demonstrate that the funds were used only for the traffic law enforcement activities set out in WAC 136-25-030.

History

Statutory Authority: Chapter 36.78 RCW. WSR 16-09-069, § 136-25-040, filed 4/18/16, effective 5/19/16.

Wash. Admin. Code § 136-25-050 Agreements.

The county road administration board shall provide model documents for counties to use to establish agreements (relationships) between the county legislative authority and the county sheriff and between the county road engineer and the county sheriff for the use of county road levy funds for traffic law enforcement. The agreements are discretionary but, if used, should list which activities set out in WAC 136-25-030 are subject to the agreement.

History

Statutory Authority: Chapter 36.78 RCW. WSR 16-09-069, § 136-25-050, filed 4/18/16, effective 5/19/16.

Chapter 136-28 Standards of good practice—Cooperative procedures for processing of county road accident reports.

Wash. Admin. Code § 136-28-010 Purpose and authority.

RCW 36.78.070(1) authorizes the county road administration board to establish standards of good practice for the administration of county roads and the efficient movement of people and goods over county roads. In order to maintain accurate information on the types and locations of collisions on county roads and implement the requirement of the National Highway Safety Act of 1966 that requires all states, in cooperation with their various local governments, to collect, compile and make reports to the National Highway Traffic Safety Administration in each state, the county road administration board has acted to coordinate the activities of the county engineers and the Washington state department of transportation. Each county engineer is to cooperate in this effort by following the procedure outlined below.

History

Statutory Authority: Chapter 36.78 RCW. WSR 09-23-045, § 136-28-010, filed 11/9/09, effective 12/10/09. Statutory Authority: Chapter 36.79 RCW. WSR 05-11-037, § 136-28-010, filed 5/11/05, effective 6/11/05
WSR 04-05-001, § 136-28-010, filed 2/4/04, effective 3/6/04
WSR 99-01-021, § 136-28-010, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.78.070 and 36.79.060. WSR 96-17-013, § 136-28-010, filed 8/12/96, effective 9/12/96. Statutory Authority: RCW 36.78.070. WSR 90-17-076 (Order 79), § 136-28-010, filed 8/16/90, effective 9/16/90
Order 5, § 136-28-010, filed 4/23/68.

Wash. Admin. Code § 136-28-020 County Location Coding Form (CLCF) reporting procedure.

The Washington state department of transportation (WSDOT) collects collision reports from all law enforcement agencies and receives collision reports from individual drivers. Periodically, the WSDOT makes CLCF reports available electronically.

The engineer will analyze each report and complete the CLCF. For those collisions that the county engineer verifies did occur in his/her jurisdiction, the completed CLCF will be returned electronically to the WSDOT. However, if the engineer determines that the collision did not occur on a roadway in the county's jurisdiction, he/she shall enter that notation on the CLCF and return it electronically to the WSDOT.

History

Statutory Authority: Chapter 36.78 RCW. WSR 09-23-045, § 136-28-020, filed 11/9/09, effective 12/10/09. Statutory Authority: Chapter 36.79 RCW. WSR 05-11-037, § 136-28-020, filed 5/11/05, effective 6/11/05. Statutory Authority: RCW 36.78.070 and 36.79.060. WSR 96-17-013, § 136-28-020, filed 8/12/96, effective 9/12/96. Statutory Authority: RCW 36.78.070. WSR 90-17-076 (Order 79), § 136-28-020, filed 8/16/90, effective 9/16/90
Order 5, § 136-28-020, filed 4/23/68.

Wash. Admin. Code § 136-28-030 Coding detail.

(1) The county number shall be that particular number assigned to each county by the state office of financial management for county identification purposes.

(2) The county road log number shall be that particular five-digit number, including both leading and trailing zeros if applicable, assigned to each county road according to the county's latest county road log. No local names or numbers or other nomenclature shall be used in coding the road log number.

(3) The milepost shall be determined as accurately as practicable from a comparison of information on the collision report with the latest county road log.

(4) Collisions at an intersection with a state highway will be coded by the state department of transportation.

(5) To ensure uniformity, collisions at the intersection of any two county roads shall be coded to a road in the following priority order:

(a) The road with the higher functional class;

(b) The road that is the through route;

(6) Collisions on roads and/or at intersections with dual city-county or county-county responsibilities shall be coded in general accordance with the procedures outlined herein based on a mutual understanding between the several jurisdictions involved.

History

Statutory Authority: Chapter 36.78 RCW. WSR 09-23-045, § 136-28-030, filed 11/9/09, effective 12/10/09. Statutory Authority: Chapter 36.79 RCW. WSR 05-11-037, § 136-28-030, filed 5/11/05, effective 6/11/05
WSR 99-01-021, § 136-28-030, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.78.070 and 36.79.060. WSR 96-17-013, § 136-28-030, filed 8/12/96, effective 9/12/96. Statutory Authority: RCW 36.78.070. WSR 90-17-076 (Order 79), § 136-28-030, filed 8/16/90, effective 9/16/90
Order 5, § 136-28-030, filed 4/23/68.

Wash. Admin. Code § 136-28-040 Action on accident reporting compliance by the county road administration board.

By December 31, 2010, at least ninety percent of the CLCFs made available to the county engineer prior to January 1, 2010, shall be completed and transmitted to WSDOT.

Beginning January 1, 2010, the county engineer shall complete and return to WSDOT at least ninety percent of all CLCFs for the current calendar year by December 31st of that year. The county road administration board will advise each county engineer of the status of the CLCF actions as of September 30th and December 31st of each year. Failure to comply may be cause for issuance of a conditional certificate of good practice by the board as specified in WAC 136-04-060 on behalf of the county in which the violation occurred. The first condition of such a conditional certificate of good practice shall be that the county be required, at the next regular or special meeting of the county road administration board, to show cause why a certificate of good practice should not be denied to that county.

History

Statutory Authority: Chapter 36.78 RCW. WSR 09-23-045, § 136-28-040, filed 11/9/09, effective 12/10/09.

Wash. Admin. Code § 136-28-050 Determination of accident reporting compliance by the county road administration board.

At its second regular meeting of each calendar year, the county road administration board shall determine if any county is unreasonably delinquent in its statutory accident reporting for the preceding calendar year. In determining what is unreasonable, the county road administration board shall consider the following:

(1) Did the county provide prior notification of the possible accident reporting problems in writing to the county road administration board?

(2) How much greater than ten percent is the percentage of the delinquent accident reporting compared to the total county accident reporting for the same period?

(3) Are there extenuating circumstances beyond the control of the county that resulted in the delinquent accident reporting?

(4) What is the past record of the county regarding accident-reporting compliance?

History

Statutory Authority: Chapter 36.78 RCW. WSR 09-23-045, § 136-28-050, filed 11/9/09, effective 12/10/09.

Chapter 136-40 Standards of good practice—Accommodation of utilities on county roads.

Wash. Admin. Code § 136-40-010 Purpose and authority.

RCW 36.78.070(1) authorizes the county road administration board to establish standards of good practice for the administration of county roads and the efficient movement of people and goods over county roads. The purpose of this standard of good practice is to set forth the requirement that each county provide for the accommodation of utilities within its right of way. In order to effectively administer its authority to:

(1) Grant utility franchises and permits on county roads as provided in chapter 36.55 RCW;

(2) Exercise overall responsibility for county roads and bridges as provided in chapter 36.75 RCW; and

(3) Exercise its police power; each county legislative authority shall adopt a generally applicable written policy ("utility policy") to provide administrative, procedural, and technical guidance for the installation, replacement, adjustment, relocation, and maintenance of all above and below ground utilities and other transmission or transport facilities located within all county road rights of way.

History

Statutory Authority: Chapter 36.79 RCW. WSR 99-01-021, § 136-40-010, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.78.070. WSR 90-22-081 (Order 80), § 136-40-010, filed 11/6/90, effective 12/7/90
Order 18, § 136-40-010, filed 7/22/71.

Wash. Admin. Code § 136-40-020 Contents.

Each utility policy shall, at a minimum:

(1) Address all public and private utilities and other transmission or transport facilities which are installed, replaced, adjusted, relocated and/or maintained within the county road right of way pursuant to franchises, permits, and/or exemptions from the permit process including but not limited to electric power, telephone, television, telegraph, communication, water, gas, all petroleum products, steam, chemicals, sewage, drainage, and irrigation;

(2) Include general standards and requirements for the location, design, and construction of each utility;

(3) Incorporate a written permit process for all utility work not exempted by the provisions of the utility policy, and specify exemptions from such permit process, if any;

(4) Include specific requirements for underground utilities which shall include location and alignment, depth of burial and cover, encasement, marking, appurtenances and related installation procedures;

(5) Include specific requirements for above ground utilities which shall include location and alignment and vertical clearances;

(6) Include specific requirements for all utilities which shall include aesthetic/scenic considerations, installations on roadway bridges and structures, site restoration and cleanup, traffic control and public safety, and both normal and emergency repairs.

The county road administration board shall, upon request, provide any county a copy of a model utility policy. The model utility policy will meet the minimum requirements of this chapter and may be amended as necessary to meet the specific needs of a county.

History

Statutory Authority: RCW 36.78.070. WSR 90-22-081 (Order 80), § 136-40-020, filed 11/6/90, effective 12/7/90
Order 18, § 136-40-020, filed 7/22/71.

Wash. Admin. Code § 136-40-030 Adoption and submittal.

Each county legislative authority shall formally adopt a utility policy regarding accommodation of utilities on county road rights of way that includes all the requirements enumerated in WAC 136-40-020. A copy of such utility policy, including all updates, amendments and modifications as they may from time to time become necessary, shall be forwarded to the county road administration board within thirty days of adoption.

History

Statutory Authority: RCW 36.78.070 and 36.79.060. WSR 96-17-013, § 136-40-030, filed 8/12/96, effective 9/12/96. Statutory Authority: RCW 36.78.070. WSR 91-21-137 (Order 84), § 136-40-030, filed 10/23/91, effective 11/23/91
WSR 90-22-081 (Order 80), § 136-40-030, filed 11/6/90, effective 12/7/90
Order 18, § 136-40-030, filed 7/22/71.

Wash. Admin. Code § 136-40-040 Conflicts with state and federal requirements.

Nothing in this section shall eliminate or modify any requirements, procedures, or authorities of the Washington state department of transportation, the Washington utilities and transportation commission, the Federal Highway Administration or any other state or federal agency.

History

Statutory Authority: RCW 36.78.070 and 36.79.060. WSR 96-17-013, § 136-40-040, filed 8/12/96, effective 9/12/96. Statutory Authority: RCW 36.78.070. WSR 90-22-081 (Order 80), § 136-40-040, filed 11/6/90, effective 12/7/90
Order 18, § 136-40-040, filed 7/22/71.

Chapter 136-50 Standards of good practice—County road department administration.

Wash. Admin. Code § 136-50-010 Purpose and authority.

The powers and duties of the county legislative authority in relation to roads and bridges, and the qualifications and duties of the county engineer are detailed in Title 36 RCW. This chapter specifies policies and notifications to be coordinated between the county engineer, county legislative authority, and the county road administration board.

History

Statutory Authority: Chapter 36.78 RCW. WSR 22-03-084, § 136-50-010, filed 1/18/22, effective 2/18/22. Statutory Authority: Chapter 36.79 RCW. WSR 02-18-020, § 136-50-010, filed 8/22/02, effective 9/22/02.

Wash. Admin. Code § 136-50-020 Duties of county legislative authority.

Certain specific powers and duties are set forth in RCW 36.75.040, 36.75.050, 36.80.010, 36.81.121, and 36.81.130. In addition to these specific statutory duties, the county legislative authority shall have the duty to develop written policies, regarding county road department operation for the information and guidance of the county engineer.

History

Statutory Authority: Chapter 36.79 RCW. WSR 02-18-020, § 136-50-020, filed 8/22/02, effective 9/22/02.

Wash. Admin. Code § 136-50-030 Duties of the county engineer.

The various duties and responsibilities of the county engineer are set forth in chapter 36.80 RCW. In addition to these specifically defined duties, the county engineer shall be guided by written policies regarding county road department operation as promulgated by the county legislative authority.

In this chapter and throughout Title 136 WAC, the term "county engineer" shall mean both "county road engineer" and "county engineer," as those terms are used in Title 36 RCW. See AGO Letter Opinion 1972 No. 049.

History

Statutory Authority: Chapter 36.78 RCW. WSR 22-03-084, § 136-50-030, filed 1/18/22, effective 2/18/22. Statutory Authority: Chapter 36.79 RCW. WSR 02-18-020, § 136-50-030, filed 8/22/02, effective 9/22/02.

Wash. Admin. Code § 136-50-035 Charter counties.

In counties that have adopted a home rule charter, as provided for in Article 11 subsection 4 of the state Constitution, the duties and responsibilities of the county engineer set forth in chapter 36.80 RCW may be modified by the county legislative authority as allowed by existing constitutional law, statutory law, and the county's charter.

If the legislative/executive authority of a charter county has modified/delegated the statutory duties of the county engineer, the county shall submit the resolution or ordinance adopting these modifications/delegations to the county road administration board within five business days of adoption. This shall include any subsequent written delegations of authority.

History

Statutory Authority: Chapter 36.78 RCW. WSR 22-03-084, § 136-50-035, filed 1/18/22, effective 2/18/22. Statutory Authority: Chapter 36.79 RCW. WSR 02-18-020, § 136-50-035, filed 8/22/02, effective 9/22/02.

Wash. Admin. Code § 136-50-050 Written policy.

In order to implement the requirements of this chapter, the county legislative authority shall develop and by resolution or ordinance adopt written policies, within the limits of existing state law, that cover any matters relating to county road department administration, maintenance, and construction as they may see fit. At a minimum, the following written policies must be adopted by the legislative authority:

(1) Organization: A policy designating the interrelationships of all positions involved in the administration, operation, maintenance, and construction of the county road system, including the legislative/executive authority. Said policy shall include a chart or pictorial representation of the interrelationships and must clearly show the chain of command throughout the entire organization. It is recommended, but not required, the positions be represented by title or position number rather than by employee name to reduce the frequency of revision, adoption, and required submission to CRAB.

(2) Complaint handling: A policy establishing the method by which complaints from the general public and others will be received, assigned for review, response and any corrective action, and follow-up communication deemed appropriate.

(3) Work for others: A policy regarding approval of work for other public agencies and county departments within the requirements of RCW 35.77.020, 36.75.205, and chapter 39.34 RCW. The policy shall include, but is not limited to, the following:

(a) Statement of intent indicating whether the legislative authority will accept requests for work from other public agencies or other county departments;

(b) Statement indicating procedures to be followed in processing such requests in accordance with applicable statutes; and

(4) County road standards: The county engineer shall propose and, the legislative authority shall adopt, and amend as needed, standards for all county roads per chapter 36.86 RCW, and shall include:

(a) Design standards, see WSDOT local agency guidelines chapter 42.

(b) Construction specifications.

(5) Survey monument preservation: A policy regarding preservation, maintenance, and restoration of survey monuments within the county road right-of-way.

History

Statutory Authority: Chapter 36.78 RCW. WSR 22-03-084, § 136-50-050, filed 1/18/22, effective 2/18/22. Statutory Authority: Chapter 36.79 RCW. WSR 02-18-020, § 136-50-050, filed 8/22/02, effective 9/22/02.

Wash. Admin. Code § 136-50-070 Submittal of policies to the county road administration board.

Each county legislative authority shall submit to the county road administration board one copy of each adopted policy required in WAC 136-50-050 and any subsequent revisions thereto, within 10 business days of adoption. The county road administration board shall maintain a current file of all such adopted policies for each county.

History

Statutory Authority: Chapter 36.78 RCW. WSR 22-03-084, § 136-50-070, filed 1/18/22, effective 2/18/22. Statutory Authority: Chapter 36.79 RCW. WSR 02-18-020, § 136-50-070, filed 8/22/02, effective 9/22/02.

Wash. Admin. Code § 136-50-080 Notifications.

To ensure that the standards of good practice are followed and, to facilitate county road administration board assistance and support to the counties, the county engineer shall notify the county legislative authority and the county road administration board within five business days regarding any of the following:

(1) The county engineer's professional civil engineering license expires or is suspended by the board of registration for professional engineers and land surveyors;

(2) The county, the county road department, or the county engineer is cited by any state or federal agency for violating state or federal law regarding county road administration, operation, maintenance, or construction;

(3) The county's certified agency certification is placed on probation or is revoked by the Washington state department of transportation;

(4) A finding or management letter from the state auditor's office directly or indirectly involving or effecting county road or equipment rental and revolving funds or policies;

(5) Judgments or verdicts involving the county road department.

History

Statutory Authority: Chapter 36.78 RCW. WSR 22-03-084, § 136-50-080, filed 1/18/22, effective 2/18/22.

Wash. Admin. Code § 136-50-090 Failure to comply.

If a county fails to comply with any portion of this chapter, the matter will be considered at the next regular meeting of the county road administration board. The county road administration board may take any action deemed necessary to ensure a county's compliance with this chapter.

History

Statutory Authority: Chapter 36.78 RCW. WSR 22-03-084, § 136-50-090, filed 1/18/22, effective 2/18/22.

Chapter 136-60 Standards of good practice—Maintenance of county road logs.

Wash. Admin. Code § 136-60-010 Purpose and authority.

RCW 46.68.124(2) provides that the county road administration board shall maintain the county road log for the purpose of computing estimated county road replacement costs and estimated annual maintenance costs for county fuel tax allocations. It further provides that each county shall submit changes, corrections, additions, and deletions (i.e., "updates") to the county road administration board which in turn are subject to validation prior to inclusion in the road log maintained by the county road administration board. This chapter describes the manner in which the county road administration board will administer this responsibility.

History

Statutory Authority: Chapter 36.79 RCW. WSR 03-05-009, § 136-60-010, filed 2/7/03, effective 3/10/03
WSR 99-01-021, § 136-60-010, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.78.070 and 36.79.060. WSR 96-17-013, § 136-60-010, filed 8/12/96, effective 9/12/96. Statutory Authority: Chapter 36.78 RCW. WSR 86-23-050 (Order 64-P), § 136-60-010, filed 11/19/86.

Wash. Admin. Code § 136-60-020 Definitions.

For this chapter the following definitions shall apply:

(1) County road log - The listing, by county, of all roads under county jurisdiction including their description, length, milepost identification, functional class, surface type, traffic volume, Federal Highway Administration MIRE FDE, and other administrative and physical inventory items that may be included.

(2) Asset management system - The suite of computer database application software by which the county road log data is updated and maintained by all counties and the county road administration board.

(3) Updates - Periodic changes to the county road log involving any or all of the included data elements.

(4) Control fields - Those fields within the county road log for which all updates need to be verified by the county road administration board prior to inclusion in the master county road log. The control fields are: Unique identifier (county road number, beginning milepost, ending milepost), jurisdiction, length, function class, surface type, surface width, structure type, right and left shoulder type, right and left shoulder width, and average daily traffic volume of all roadway elements such as through lane, other lane, bike lane, and shoulder.

(5) Master county road log - The combination of all county road logs as kept by the county road administration board containing the county road log of all counties as of July 1st of each year.

(6) Federal Highway Administration MIRE FDE – Federal Highway Administration Model Inventory Roadway Elements: Fundamental data elements.

History

Statutory Authority: Chapter 36.78 RCW. WSR 22-05-015, § 136-60-020, filed 2/4/22, effective 3/7/22. Statutory Authority: Chapter 36.79 RCW. WSR 03-05-009, § 136-60-020, filed 2/7/03, effective 3/10/03
WSR 99-01-021, § 136-60-020, filed 12/7/98, effective 1/7/99. Statutory Authority: Chapter 36.78 RCW. WSR 86-23-050 (Order 64-P), § 136-60-020, filed 11/19/86.

Wash. Admin. Code § 136-60-030 Submittal of annual updates.

Each county shall be responsible for maintaining current information regarding its road log and, no later than April 1st of each year, shall submit an updated road log for its complete road system with all data elements as of December 31st of the preceding year. This annual update must use the asset management system as prescribed by the county road administration board. All updates involving changes in control fields must include supporting documentation as required in WAC 136-60-050.

History

Statutory Authority: Chapter 36.78 RCW. WSR 22-05-015, § 136-60-030, filed 2/4/22, effective 3/7/22. Statutory Authority: Chapter 36.79 RCW. WSR 03-05-009, § 136-60-030, filed 2/7/03, effective 3/10/03
WSR 99-01-021, § 136-60-030, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.78.070 and 36.79.060. WSR 96-17-013, § 136-60-030, filed 8/12/96, effective 9/12/96. Statutory Authority: Chapter 36.78 RCW. WSR 86-23-050 (Order 64-P), § 136-60-030, filed 11/19/86.

Wash. Admin. Code § 136-60-040 Validation of annual updates.

All control field updates will be subject to review, approval and acceptance (i.e., "validation") by the county road administration board. This process will involve reviewing the submitted documentation and conducting spot-checks as may be necessary. All such updates which are reviewed, approved and accepted by July 1st of each year will be entered into the master county road log. Noncontrol field updates will be entered into the master county road log file without review. The master county road log as of July 1st of each year will be utilized by the county road administration board for general informational purposes and:

(1) On each odd-numbered year, for computation of motor vehicle fuel tax allocations to the counties;

(2) Annually, for the computation of county arterial preservation program allocations to the counties;

(3) On each odd-numbered year, for computation of rural arterial program allocations to the rural arterial program regions; and

(4) For submittal of freight and goods route information to be included in required federal and state freight planning reports and studies.

History

Statutory Authority: RCW 36.78.070. WSR 24-22-084, s 136-60-040, filed 10/31/24, effective 12/1/24. Statutory Authority: Chapter 36.79 RCW. WSR 03-05-009, § 136-60-040, filed 2/7/03, effective 3/10/03
WSR 99-01-021, § 136-60-040, filed 12/7/98, effective 1/7/99. Statutory Authority: Chapter 36.78 RCW. WSR 86-23-050 (Order 64-P), § 136-60-040, filed 11/19/86.

Wash. Admin. Code § 136-60-050 Validation requirements for control fields.

Each update of a road log segment that involves a change in a control field (including additions or deletions of road segments) will be validated by the county road administration board. Documentation necessary to support control field changes is as follows:

Function class - Notice of FHWA approval from WSDOT.

Pavement type - Statement signed by county engineer with list of pavement type changes.

Responsible agency - The responsible agency is the legislative authority of the appropriate governmental agency with the authority to make the decision required for the action, or the state or federal government person authorized to approve changes.

Addition of mileage - Official document signed by responsible agency authorizing and describing the circumstances of the addition. For example, additions can occur through county legislative approval of new plat, construction/reconstruction on new alignment, or a change in jurisdiction.

Deletion of mileage - Official document signed by responsible agency authorizing and describing the circumstances of the deletion. For example, deletions can occur through legislative approval of vacations or a change in jurisdiction.

Traffic volume - Statement signed by county engineer with list of segments affected by change in traffic volume above or below 5,000 average daily traffic (ADT). If the ADT is over 5,000, the county shall also submit the traffic counts used to determine the ADT.

Freight and goods – Statement signed by county engineer with list of segments above 4,000,000 tons of freight annually and the traffic counts used to determine the annual tons of freight exceed 4,000,000 tons.

All changes to a control field will be updated in the approved GIS data set layer with sufficient detail to identify the location of each change. This GIS layer will then be forwarded annually to WSDOT for the new federal requirements for Highway Performance Monitoring System (HPMS) and Model Inventory Roadway Elements: Fundamental data elements (MIRE FDE).

History

Statutory Authority: RCW 36.78.070. WSR 24-22-084, s 136-60-050, filed 10/31/24, effective 12/1/24. Statutory Authority: Chapter 36.78 RCW. WSR 22-05-015, § 136-60-050, filed 2/4/22, effective 3/7/22
WSR 14-17-035, § 136-60-050, filed 8/13/14, effective 9/13/14. Statutory Authority: Chapter 36.79 RCW. WSR 03-05-009, § 136-60-050, filed 2/7/03, effective 3/10/03
WSR 99-01-021, § 136-60-050, filed 12/7/98, effective 1/7/99. Statutory Authority: Chapter 36.78 RCW. WSR 86-23-050 (Order 64-P), § 136-60-050, filed 11/19/86.

Wash. Admin. Code § 136-60-060 Use of common asset management system.

Each county shall use the asset management system for the maintenance and updating of its county road log prescribed by the county road administration board. Each county shall be responsible for the purchase of additional licenses not otherwise provided by the county road administration board and installation of the requisite software on its own computer and/or mobile device(s). To assist each county to meet its eligibility requirements, the county road administration board shall provide technical support and training.

History

Statutory Authority: Chapter 36.78 RCW. WSR 22-05-015, § 136-60-060, filed 2/4/22, effective 3/7/22
WSR 14-17-035, § 136-60-060, filed 8/13/14, effective 9/13/14. Statutory Authority: Chapter 36.79 RCW. WSR 03-05-009, § 136-60-060, filed 2/7/03, effective 3/10/03
WSR 99-01-021, § 136-60-060, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.78.070 and 36.79.060. WSR 96-17-013, § 136-60-060, filed 8/12/96, effective 9/12/96. Statutory Authority: Chapter 36.78 RCW. WSR 86-23-050 (Order 64-P), § 136-60-060, filed 11/19/86.

Wash. Admin. Code § 136-60-070 Traffic study update frequency.

Any traffic counts used to validate that a segment has an ADT over 5,000 or has more than 4,000,000 tons of freight annually shall be updated by December 31, 2025. After December 31, 2025, traffic counts for ADT over 5,000 validation shall be updated a minimum of every four years and a minimum of every four years for annual freight tonnage more than 4,000,000 tons.

History

Statutory Authority: RCW 36.78.070. WSR 25-22-094, s 136-60-070, filed 11/4/25, effective 12/5/25
WSR 24-22-084, s 136-60-070, filed 10/31/24, effective 12/1/24.

Chapter 136-70 Standards of good practice—Pavement management system requirement for county arterial preservation program eligibility.

Wash. Admin. Code § 136-70-010 Purpose and authority.

RCW 46.68.090 authorizes the county road administration board to adopt rules for administering the county arterial preservation account, including the requirement that each county implement a pavement management system. This chapter outlines the method by which the use of a pavement management system will be assured.

History

Statutory Authority: Chapter 36.78 RCW. WSR 14-17-035, § 136-70-010, filed 8/13/14, effective 9/13/14. Statutory Authority: Chapter 36.79 RCW. WSR 99-01-021, § 136-70-010, filed 12/7/98, effective 1/7/99.

Wash. Admin. Code § 136-70-020 Definition.

A pavement management system (PMS) is a systematic method used to manage the preservation, rehabilitation, and maintenance of paved road systems by analyzing pavement life cycles, to assess overall system performance and costs, and to determine the alternative strategies and costs necessary to prevent significant road deterioration. A key element of a PMS is its ability to provide pavement preservation alternatives based upon a predictive pavement deterioration model.

History

Statutory Authority: Chapter 36.79 RCW. WSR 99-01-021, § 136-70-020, filed 12/7/98, effective 1/7/99.

Wash. Admin. Code § 136-70-030 Application.

A pavement management system shall be used by all counties to guide the pavement preservation and rehabilitation activities on all county paved collector and arterial roads. Beginning January 1, 1996, each county shall utilize a computer-based PMS meeting the requirements of WAC 136-70-040 on all county paved collector and arterial roads in order to retain eligibility for CAPP funds. Application of the PMS to the local access system will not be required to retain eligibility for CAPP funds.

History

Statutory Authority: Chapter 36.78 RCW. WSR 14-17-035, § 136-70-030, filed 8/13/14, effective 9/13/14. Statutory Authority: Chapter 36.79 RCW. WSR 99-01-021, § 136-70-030, filed 12/7/98, effective 1/7/99.

Wash. Admin. Code § 136-70-040 Pavement management system requirements.

Each county's PMS shall meet the following minimum standards:

(1) All county jurisdiction paved collectors and arterials, as defined by the most recently approved county road log as described in chapter 136-60 WAC, shall be surveyed for visual pavement distress at least biennially. Distress rating information must be keyed to the county road log by both road number and mileposts.

While not required, counties are encouraged to survey for visual distress on all paved local roads every four years.

(2) All visual distresses (or defects) for both flexible and rigid pavements, both in severity and extent, shall be as defined within the "Pavement Surface Condition Rating Manual" (March 1992, produced by the Washington state transportation center in cooperation with the northwest pavement management systems users group and the Washington state department of transportation). Measurement may be at the project, segment, or sample unit level.

Measurement may be by a manual or automated visual condition rating process. The distress information shall be converted to a pavement condition rating or index. The PMS shall provide for the recording and storage of pavement resurfacing, rehabilitation and reconstruction history data, including surfacing and base layer types and thicknesses, and year of application.

(3) The PMS shall include a future pavement condition prediction model that uses the periodic pavement condition distress data to forecast future pavement condition and to determine an estimate of service life.

(4) The PMS shall provide for annual submittal to the county road administration board of one of the following for all paved collectors and arterials surveyed for pavement condition in the previous twelve months:

(a) The individual pavement distresses;

(b) The resultant pavement condition rating numerical value and a rating of good, fair, or poor. The good, fair, or poor methodology shall be reviewed and approved by the county road administration board prior to implementation by a county. The annual submittal shall be called the pavement condition data file. It shall be keyed to the county road log, and shall be transmitted in the electronic medium and format specified by the county road administration board, along with the annual road log update required by chapter 136-60 WAC.

History

Statutory Authority: RCW 36.78.070. WSR 25-22-094, s 136-70-040, filed 11/4/25, effective 12/5/25. Statutory Authority: Chapter 36.78 RCW. WSR 14-17-035, § 136-70-040, filed 8/13/14, effective 9/13/14. Statutory Authority: Chapter 36.79 RCW. WSR 99-01-021, § 136-70-040, filed 12/7/98, effective 1/7/99.

Wash. Admin. Code § 136-70-050 Demonstration and approval of pavement management system.

Any PMS distress determination and evaluation methodologies, processes or systems may be used if they yield pavement condition ratings comparable to the process described in WAC 136-70-040. Counties must satisfactorily demonstrate to the county road administration board that their county's chosen process is based on sound pavement engineering principles and is comparable in quality and scale through research results, documented conversion equations, statistical sampling, or other methods.

History

Statutory Authority: RCW 36.78.070. WSR 25-22-094, s 136-70-050, filed 11/4/25, effective 12/5/25. Statutory Authority: Chapter 36.79 RCW. WSR 99-01-021, § 136-70-050, filed 12/7/98, effective 1/7/99.

Wash. Admin. Code § 136-70-060 Statewide pavement condition data file.

The county road administration board shall maintain a pavement condition data file, organized by county, containing the pavement condition ratings as provided annually by each county.

History

Statutory Authority: Chapter 36.79 RCW. WSR 99-01-021, § 136-70-060, filed 12/7/98, effective 1/7/99.

Wash. Admin. Code § 136-70-070 Annual review.

On an annual basis, beginning in calendar year 1993, the executive director of the county road administration board shall review the implementation of and, beginning in calendar year 1995, the compliance with, the requirements of WAC 136-70-040 and report the results to the county road administration board.

History

Statutory Authority: Chapter 36.79 RCW. WSR 99-01-021, § 136-70-070, filed 12/7/98, effective 1/7/99.

Wash. Admin. Code § 136-70-080 County road administration board assistance.

To assist each county to meet its eligibility requirements, the county road administration board shall a provide PMS software option and training for that option. Should a county utilize an alternative PMS software option, the county road administration board will not offer training in the use of that alternative PMS software.

History

Statutory Authority: RCW 36.78.070. WSR 25-22-094, s 136-70-080, filed 11/4/25, effective 12/5/25. Statutory Authority: Chapter 36.78 RCW. WSR 14-17-035, § 136-70-080, filed 8/13/14, effective 9/13/14. Statutory Authority: Chapter 36.79 RCW. WSR 99-01-021, § 136-70-080, filed 12/7/98, effective 1/7/99.

Wash. Admin. Code § 136-70-090 Use of pavement management system data for distribution of county arterial preservation account funds.

The results and/or data from the individual or collective county pavement management systems will not be used to distribute CAPA funds nor to establish priorities for specific projects or otherwise alter the statutory fund distribution. Said results and/or data will be used to evaluate regional or statewide collector and arterial preservation and rehabilitation needs and to demonstrate compliance with the enabling legislation.

History

Statutory Authority: Chapter 36.78 RCW. WSR 14-17-035, § 136-70-090, filed 8/13/14, effective 9/13/14. Statutory Authority: Chapter 36.79 RCW. WSR 99-01-021, § 136-70-090, filed 12/7/98, effective 1/7/99.

Chapter 136-100 Administration of the rural arterial program.

Wash. Admin. Code § 136-100-010 Purpose and authority.

RCW 36.79.060 provides that the county road administration board shall administer the rural arterial program (RAP) established by chapter 36.79 RCW. This chapter describes the manner in which the county road administration board will implement the several provisions of chapter 36.79 RCW.

History

Statutory Authority: Chapter 36.79 RCW. WSR 99-01-021, § 136-100-010, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.78.070 and 36.79.060. WSR 96-17-013, § 136-100-010, filed 8/12/96, effective 9/12/96. Statutory Authority: Chapter 36.78 RCW. WSR 84-16-065 (Order 56), § 136-100-010, filed 7/30/84.

Wash. Admin. Code § 136-100-020 Adoption of rules.

The county road administration board shall adopt rules in accordance with the provisions of the statute for purposes of administering the RAP regarding the following:

(1) Apportionment of rural arterial trust account (RATA) funds to regions.

(2) RAP projects in the six-year program.

(3) Regional prioritization of RAP projects.

(4) Preparation of RAP budget and program.

(5) Eligibility for RATA funds.

(6) Allocation of RATA funds to approved RAP projects.

(7) CRAB/county contract.

(8) Processing of vouchers.

(9) Audit responsibilities.

(10) Functional classification.

(11) Design standards for RAP projects.

(12) Matching requirements.

(13) Joint county RAP/Rural TIB projects.

(14) Emergent projects.

(15) Reports to the legislature.

(16) Other matters deemed necessary by the county road administration board.

History

Statutory Authority: Chapter 36.78 RCW. WSR 13-16-105, § 136-100-020, filed 8/7/13, effective 9/7/13. Statutory Authority: Chapter 36.79 RCW. WSR 99-01-021, § 136-100-020, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.78.070 and 36.79.060. WSR 96-17-013, § 136-100-020, filed 8/12/96, effective 9/12/96. Statutory Authority: Chapter 36.78 RCW. WSR 84-16-065 (Order 56), § 136-100-020, filed 7/30/84.

Wash. Admin. Code § 136-100-030 Rural arterials and collectors.

The statute specifies that rural arterials and collectors shall be eligible for RATA funding. In developing project priorities and in approving RAP projects the county road administration board shall prioritize all prospectus applications to determine the priority rating of each proposed project in each region in relation to all other proposed projects in each region.

History

Statutory Authority: Chapter 36.79 RCW. WSR 99-01-021, § 136-100-030, filed 12/7/98, effective 1/7/99
WSR 97-24-069, § 136-100-030, filed 12/2/97, effective 1/2/98. Statutory Authority: RCW 36.78.070 and 36.79.060. WSR 96-17-013, § 136-100-030, filed 8/12/96, effective 9/12/96. Statutory Authority: Chapter 36.78 RCW. WSR 84-16-065 (Order 56), § 136-100-030, filed 7/30/84.

Wash. Admin. Code § 136-100-035 Functional classification verification.

Each RAP project application submitted in accordance with WAC 136-161-020 shall show the functional classification of the road or roads included in the project. Prior to project approval, the county road administration board shall verify that the road on which the RAP project is requested is classified as a rural arterial or collector.

History

Statutory Authority: Chapter 36.79 RCW. WSR 99-01-021, § 136-100-035, filed 12/7/98, effective 1/7/99.

Wash. Admin. Code § 136-100-040 Delegation of authority.

In order to assure effective and timely administration of the RAP, the county road administration board may delegate authority in specific matters to its executive director. Delegation may be relative to signing of contracts, approval of RAP project vouchers, approval of change of scope of a project and other matters as may be determined by the county road administration board.

History

Statutory Authority: Chapter 36.79 RCW. WSR 99-01-021, § 136-100-040, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.78.070 and 36.79.060. WSR 96-17-013, § 136-100-040, filed 8/12/96, effective 9/12/96. Statutory Authority: Chapter 36.78 RCW. WSR 84-16-065 (Order 56), § 136-100-040, filed 7/30/84.

Wash. Admin. Code § 136-100-050 Apportionment of RATA funds to regions.

RCW 36.79.040 sets forth the apportionment formula to be used in distributing RATA funds to the five regions. Following are the computations used in the apportionment formula:

(1) Computation of land area ratio. The ratio that the total county rural land area of each region bears to the total rural land area of all counties of the state shall be computed from information provided by the most current U.S. census.

(2) Computation of road mileage ratio. The ratio that the mileage of county arterials and collectors in rural areas of each region bears to the total mileage of county arterials and collectors in all rural areas of the state shall be computed from information shown in the county road log maintained by the county road administration board as of July 1st of each odd-numbered year.

History

Statutory Authority: RCW 36.78.070. WSR 25-22-094, s 136-100-050, filed 11/4/25, effective 12/5/25. Statutory Authority: Chapter 36.78 RCW. WSR 11-05-005, § 136-100-050, filed 2/3/11, effective 3/6/11. Statutory Authority: Chapter 36.79 RCW. WSR 99-01-021, § 136-100-050, filed 12/7/98, effective 1/7/99.

Wash. Admin. Code § 136-100-060 Provisions for audit of RAP projects.

(1) Audit provisions. RAP project audits may be conducted by the state auditor's office and will normally be conducted in conjunction with the audits of the different counties of the state as required by RCW 43.09.260 and 36.80.080. Special audits of specific RAP projects may be accomplished at the request of the county road administration board. If a special audit is conducted outside the confines of those audits required by the above statutes, then the costs of the special audit shall be the responsibility of the county road administration board.

(2) Scope of audits. The audit of any RAP project shall include, but not be limited to, the review of the county's compliance with:

(a) The provisions of the act; and

(b) The rules in Title 136 WAC regarding implementation and administration of the act, with detailed review of uses of county road taxes, application of RATA funds, and the various reporting requirements.

The audit shall also include a review of the financial accounting and reporting of those funds associated with and received for the RAP project.

(3) Noncompliance, questioned costs, and post-audit penalty. If the audit of a RAP project reveals any area of noncompliance and/or questioned costs, then such exceptions shall be subject to comment by the examiner within the audit report. In the event an exception has been noted within the audit report, it shall be the duty of the county road administration board to discuss and evaluate the noted discrepancy. Discrepancies may be cause for the county road administration board to order the payback of any RATA funds that have been expended on ineligible activities and/or withdrawal or denial of the certificate of good practice of the county in question as provided in chapter 136-04 WAC.

History

Statutory Authority: Chapter 36.79 RCW. WSR 99-01-021, § 136-100-060, filed 12/7/98, effective 1/7/99.

Chapter 136-130 Regional prioritization of RAP projects.

Wash. Admin. Code § 136-130-010 Purpose and authority.

RCW 36.79.080 sets forth the criteria that will be used in determining the priority of specific improvement projects. This chapter describes how each RAP project type will rate and be prioritized within RAP regions.

History

Statutory Authority: Chapter 36.78 RCW. WSR 11-05-005, § 136-130-010, filed 2/3/11, effective 3/6/11. Statutory Authority: Chapter 36.79 RCW. WSR 99-01-021, § 136-130-010, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.78.070 and 36.79.060. WSR 96-17-013, § 136-130-010, filed 8/12/96, effective 9/12/96. Statutory Authority: Chapter 36.78 RCW. WSR 84-16-065 (Order 56), § 136-130-010, filed 7/30/84.

Wash. Admin. Code § 136-130-020 Priorities by project type.

The county road administration board has determined that the interests of the counties in the several regions will be best served by encouraging development of distinct project priority rating systems for each region.

There shall be five project types eligible for RATA funding, with each having separate rating systems for project ranking and selection. The five project types include:

(1) Reconstruction - Emphasis on alignment and grade changes on 50 percent or more of the project length, and may include additional travel lanes and right of way costs.

(2) 3R - Resurfacing, restoration, and rehabilitation - Primary focus on extending the service life of existing facility involving less than 50 percent vertical or horizontal changes, and on safety improvements. Right of way costs are eligible for RATA reimbursement as a part of this project type.

(3) 2R - Resurfacing and restoration - Primary focus on restoration of the pavement structure on the existing vertical and horizontal alignment and spot safety improvements. Minor widening costs are allowed as a part of this project type. Right of way costs are not eligible for RATA reimbursement in this project type.

(4) Intersection - 3R or reconstruction work limited to the vicinity of an existing intersection, and may include additional travel lanes and right of way costs.

(5) Bridge and drainage structures - Replacement or major rehabilitation of an existing bridge or other drainage structure, and may include additional travel lanes and right of way costs. The bridge or drainage structure(s) cost must be a minimum of 50 percent of the overall project cost.

(a) All National Bridge Inventory (NBI) listed structures are eligible for replacement or rehabilitation. Rehabilitation is the major work required to restore the structural integrity of a bridge as well as work necessary to correct major safety defects.

(b) All non-NBI structures are eligible for replacement of the existing structure.

In consultation with the individual regions, the executive director shall approve the various forms and procedures necessary to allocate available RATA funding, consistent with RCW 36.79.080.

These project types shall be available for each region, and no regional sublimits shall apply for project types.

History

Statutory Authority: RCW 36.78.070. WSR 23-23-013, § 136-130-020, filed 11/2/23, effective 12/3/23. Statutory Authority: Chapter 36.78 RCW. WSR 21-22-083, § 136-130-020, filed 11/1/21, effective 12/2/21
WSR 19-04-047, § 136-130-020, filed 1/29/19, effective 3/1/19
WSR 11-05-005, § 136-130-020, filed 2/3/11, effective 3/6/11. Statutory Authority: Chapter 36.79 RCW. WSR 99-01-021, § 136-130-020, filed 12/7/98, effective 1/7/99. Statutory Authority: Chapter 36.78 RCW. WSR 84-16-065 (Order 56), § 136-130-020, filed 7/30/84.

Wash. Admin. Code § 136-130-030 Supplemental rules in Puget Sound region (PSR).

Each county in the PSR may submit projects requesting RATA funds not to exceed eighty percent of the forecasted regional apportionment.

History

Statutory Authority: Chapter 36.78 RCW. WSR 11-05-005, § 136-130-030, filed 2/3/11, effective 3/6/11. Statutory Authority: Chapter 36.79 RCW. WSR 06-11-067, § 136-130-030, filed 5/12/06, effective 6/12/06
WSR 02-11-008, § 136-130-030, filed 5/2/02, effective 6/2/02
WSR 01-05-009, § 136-130-030, filed 2/8/01, effective 3/11/01
WSR 99-01-021, § 136-130-030, filed 12/7/98, effective 1/7/99
WSR 98-09-070, § 136-130-030, filed 4/20/98, effective 5/21/98. Statutory Authority: RCW 36.79.060. WSR 92-13-038 (Order 88), § 136-130-030, filed 6/10/92, effective 7/11/92. Statutory Authority: RCW 36.79.060 and 1983 1st ex.s. c 49. WSR 90-22-083 (Order 82), § 136-130-030, filed 11/6/90, effective 12/7/90. Statutory Authority: Chapter 36.78 RCW. WSR 86-06-005 (Order 61), § 136-130-030, filed 2/20/86
WSR 84-16-065 (Order 56), § 136-130-030, filed 7/30/84.

Wash. Admin. Code § 136-130-040 Supplemental rules in northwest region (NWR).

Each county in the NWR may submit projects requesting RATA funds not to exceed forty percent of the forecasted regional apportionment.

History

Statutory Authority: Chapter 36.78 RCW. WSR 11-05-005, § 136-130-040, filed 2/3/11, effective 3/6/11. Statutory Authority: Chapter 36.79 RCW. WSR 08-16-043, § 136-130-040, filed 7/29/08, effective 8/29/08
WSR 07-17-020, § 136-130-040, filed 8/6/07, effective 9/6/07
WSR 04-05-001, § 136-130-040, filed 2/4/04, effective 3/6/04
WSR 01-09-077, § 136-130-040, filed 4/17/01, effective 5/18/01
WSR 99-01-021, § 136-130-040, filed 12/7/98, effective 1/7/99
WSR 98-09-070, § 136-130-040, filed 4/20/98, effective 5/21/98. Statutory Authority: RCW 36.78.070 and 36.79.060. WSR 96-17-013, § 136-130-040, filed 8/12/96, effective 9/12/96. Statutory Authority: RCW 36.79.060. WSR 94-10-022, § 136-130-040, filed 4/27/94, effective 5/28/94. Statutory Authority: RCW 36.79.060 and 1983 1st ex.s. c 49. WSR 90-22-083 (Order 82), § 136-130-040, filed 11/6/90, effective 12/7/90. Statutory Authority: Chapter 36.78 RCW. WSR 84-16-065 (Order 56), § 136-130-040, filed 7/30/84.

Wash. Admin. Code § 136-130-050 Supplemental rules in northeast region (NER).

Each county in the NER may submit projects requesting RATA funds not to exceed 25 percent of the forecasted NER biennial apportionment.

Bridge projects may be submitted requesting RATA funds under one of the following conditions:

(1) Bridges must be approved for federal bridge funding and RATA funds shall be used only as a match for such federal funding. Bridges will be ranked for RATA funding using the WSDOT priority list and may be added to the NER Category 1 priority array at any time during the biennium upon approval of the bridge for federal bridge funding.

(2) A stand-alone bridge project may be submitted as an ordinary reconstruction or 3R RAP project provided that its priority rating has been computed by the bridge rating method in the NER RAP rating procedures. Such projects shall not be considered for funding from the bridge reserve described above.

History

Statutory Authority: Chapter 36.78 RCW. WSR 21-22-083, § 136-130-050, filed 11/1/21, effective 12/2/21
WSR 13-16-105, § 136-130-050, filed 8/7/13, effective 9/7/13
WSR 11-05-005, § 136-130-050, filed 2/3/11, effective 3/6/11
WSR 10-05-019, § 136-130-050, filed 2/4/10, effective 3/7/10. Statutory Authority: Chapter 36.79 RCW. WSR 01-05-009, § 136-130-050, filed 2/8/01, effective 3/11/01
WSR 99-16-038, § 136-130-050, filed 7/29/99, effective 8/29/99
WSR 99-01-021, § 136-130-050, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.79.060. WSR 92-13-038 (Order 88), § 136-130-050, filed 6/10/92, effective 7/11/92. Statutory Authority: RCW 36.79.060 and 1983 1st ex.s. c 49. WSR 90-22-083 (Order 82), § 136-130-050, filed 11/6/90, effective 12/7/90. Statutory Authority: Chapter 36.78 RCW. WSR 88-12-080 (Order 69), § 136-130-050, filed 6/1/88
WSR 86-21-076 (Order 63-P), § 136-130-050, filed 10/15/86
WSR 86-06-005 (Order 61), § 136-130-050, filed 2/20/86
WSR 84-16-065 (Order 56), § 136-130-050, filed 7/30/84.

Wash. Admin. Code § 136-130-060 Supplemental rules in southeast region (SER).

Each county in the SER may submit projects requesting RATA funds not to exceed twice the per county limit of the forecasted SER biennial apportionment as follows:

Asotin County	ten percent
Benton County	fourteen percent
Columbia County	eleven percent
Franklin County	thirteen percent
Garfield County	ten percent
Kittitas County	thirteen percent
Klickitat County	fourteen percent
Walla Walla County	fourteen percent
Yakima County	twenty percent

Federally funded bridges for which counties are seeking matching funds shall receive first consideration for bridge funds. Bridges receiving federal funding may be added to this list at any time during the biennium. Stand-alone bridges may compete for funds in this reserve that remain after all bridges seeking match for federal funds have been funded. Non-NBI drainage structures may compete for funds in this reserve after stand-alone bridges have been funded. Whatever part of the bridge reserve that is not allocated to bridge projects shall be available for allocation to other RAP projects.

History

Statutory Authority: Chapter 36.78 RCW. WSR 21-22-083, § 136-130-060, filed 11/1/21, effective 12/2/21
WSR 11-05-005, § 136-130-060, filed 2/3/11, effective 3/6/11. Statutory Authority: Chapter 36.79 RCW. WSR 04-05-001, § 136-130-060, filed 2/4/04, effective 3/6/04
WSR 01-05-009, § 136-130-060, filed 2/8/01, effective 3/11/01
WSR 99-01-021, § 136-130-060, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.79.060. WSR 97-06-006, § 136-130-060, filed 2/24/97, effective 3/27/97
WSR 94-10-020, § 136-130-060, filed 4/27/94, effective 5/28/94
WSR 92-13-038 (Order 88), § 136-130-060, filed 6/10/92, effective 7/11/92. Statutory Authority: RCW 36.79.060 and 1983 1st ex.s. c 49. WSR 90-22-083 (Order 82), § 136-130-060, filed 11/6/90, effective 12/7/90. Statutory Authority: Chapter 36.78 RCW. WSR 88-05-040 (Order 68), § 136-130-060, filed 2/16/88
WSR 84-16-065 (Order 56), § 136-130-060, filed 7/30/84.

Wash. Admin. Code § 136-130-070 Supplemental rules in southwest region (SWR).

Each county in the SWR may submit projects requesting RATA funds not to exceed thirty percent of the forecasted SWR biennial apportionment.

History

Statutory Authority: Chapter 36.78 RCW. WSR 11-05-005, § 136-130-070, filed 2/3/11, effective 3/6/11. Statutory Authority: Chapter 36.79 RCW. WSR 04-05-001, § 136-130-070, filed 2/4/04, effective 3/6/04
WSR 02-11-008, § 136-130-070, filed 5/2/02, effective 6/2/02
WSR 01-05-009, § 136-130-070, filed 2/8/01, effective 3/11/01
WSR 99-24-057, § 136-130-070, filed 11/29/99, effective 12/30/99
WSR 99-01-021, § 136-130-070, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.79.060. WSR 92-13-038 (Order 88), § 136-130-070, filed 6/10/92, effective 7/11/92. Statutory Authority: RCW 36.79.060 and 1983 1st ex.s. c 49. WSR 90-22-083 (Order 82), § 136-130-070, filed 11/6/90, effective 12/7/90. Statutory Authority: Chapter 36.78 RCW. WSR 88-05-040 (Order 68), § 136-130-070, filed 2/16/88
WSR 86-06-005 (Order 61), § 136-130-070, filed 2/20/86
WSR 84-16-065 (Order 56), § 136-130-070, filed 7/30/84.

Wash. Admin. Code § 136-130-080 Limitation on rating points.

In each of the project prioritization procedures and associated approved forms, for purposes of the RAP project prospectus submitted to the county road administration board, if a county desires points for correcting geometric deficiencies, then all geometric deficiencies shall be listed, with points being assigned for those conditions that will be corrected by construction of the project.

History

Statutory Authority: Chapter 36.78 RCW. WSR 21-22-083, § 136-130-080, filed 11/1/21, effective 12/2/21
WSR 11-05-005, § 136-130-080, filed 2/3/11, effective 3/6/11. Statutory Authority: Chapter 36.79 RCW. WSR 99-01-021, § 136-130-080, filed 12/7/98, effective 1/7/99. Statutory Authority: Chapter 36.78 RCW. WSR 84-16-065 (Order 56), § 136-130-080, filed 7/30/84.

Wash. Admin. Code § 136-130-090 Reallocation of RATA funds between project types.

In the event that no projects or an insufficient number of projects are submitted in any project type to utilize the RATA funds set aside for the project type, all remaining funds shall be divided among the remaining project types as the county road administration board deems appropriate. The intent is to divide all available funds into project types having a sufficient number of submitted projects to fully utilize the funds available during the biennium.

History

Statutory Authority: Chapter 36.78 RCW. WSR 11-05-005, § 136-130-090, filed 2/3/11, effective 3/6/11.

Chapter 136-150 Eligibility for rural arterial trust account funds.

Wash. Admin. Code § 136-150-010 Purpose and authority.

RCW 36.79.140 sets forth the conditions under which counties are eligible to receive funds from the rural arterial trust account (RATA). This chapter describes how these provisions will be implemented by the county road administration board.

History

Statutory Authority: Chapter 36.79 RCW. WSR 99-01-021, § 136-150-010, filed 12/7/98, effective 1/7/99
WSR 97-24-069, § 136-150-010, filed 12/2/97, effective 1/2/98. Statutory Authority: RCW 36.78.070 and 36.79.060. WSR 96-17-013, § 136-150-010, filed 8/12/96, effective 9/12/96. Statutory Authority: Chapter 36.78 RCW. WSR 87-21-046 (Order 66), § 136-150-010, filed 10/15/87
WSR 86-06-005 (Order 61), § 136-150-010, filed 2/20/86
WSR 84-16-065 (Order 56), § 136-150-010, filed 7/30/84.

Wash. Admin. Code § 136-150-020 Implementing the eligibility requirement.

The county road administration board will ascertain the amount of the total road levy fixed in each county and the amount diverted, if any, for any services to be provided in the unincorporated area of the county in accordance with RCW 36.33.220.

History

Statutory Authority: Chapter 36.79 RCW. WSR 01-17-104, § 136-150-020, filed 8/21/01, effective 9/21/01
WSR 99-01-021, § 136-150-020, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.78.070 and 36.79.060. WSR 96-17-013, § 136-150-020, filed 8/12/96, effective 9/12/96. Statutory Authority: Chapter 36.78 RCW. WSR 87-21-046 (Order 66), § 136-150-020, filed 10/15/87
WSR 86-06-005 (Order 61), § 136-150-020, filed 2/20/86
WSR 84-16-065 (Order 56), § 136-150-020, filed 7/30/84.

Wash. Admin. Code § 136-150-021 Ascertaining the road levy.

The county road administration board will require that every county legislative authority submit, no later than March 1st of each year, a certification showing the amount of the road levy fixed and the amount, if any, budgeted for traffic law enforcement and/or any other purpose in accordance with RCW 36.33.220.

History

Statutory Authority: Chapter 36.78 RCW. WSR 22-05-016, § 136-150-021, filed 2/4/22, effective 3/7/22. Statutory Authority: Chapter 36.79 RCW. WSR 99-01-021, § 136-150-021, filed 12/7/98, effective 1/7/99. Statutory Authority: Chapter 36.78 RCW. WSR 87-21-046 (Order 66), § 136-150-021, filed 10/15/87.

Wash. Admin. Code § 136-150-022 Ascertaining the expenditures for traffic law enforcement.

In those counties in which diverted road levy or transfer of road funds has been budgeted for traffic law enforcement, the county sheriff shall submit a certification showing the actual expenditure for traffic law enforcement in the previous budget year, on a form provided by the county road administration board, provided that counties with a population of less than eight thousand shall be exempt from this requirement. Such certification shall be submitted to the county road administration board no later than April 1st of each year. Each county shall maintain records of annual traffic law enforcement expenditures in such format and detail as to demonstrate that the funds were used for traffic law enforcement.

Definition of traffic law enforcement: For purposes of this chapter, traffic law enforcement is defined as engaging in the activities listed in WAC 136-25-030 in unincorporated county locations.

History

Statutory Authority: Chapter 36.78 RCW. WSR 16-09-070, § 136-150-022, filed 4/18/16, effective 5/19/16. Statutory Authority: Chapter 36.79 RCW. WSR 03-21-136, § 136-150-022, filed 10/21/03, effective 11/21/03
WSR 01-17-104, § 136-150-022, filed 8/21/01, effective 9/21/01
WSR 00-18-021, § 136-150-022, filed 8/28/00, effective 9/28/00
WSR 99-01-021, § 136-150-022, filed 12/7/98, effective 1/7/99
WSR 97-24-069, § 136-150-022, filed 12/2/97, effective 1/2/98. Statutory Authority: RCW 36.78.070 and 36.79.060. WSR 96-17-013, § 136-150-022, filed 8/12/96, effective 9/12/96. Statutory Authority: Chapter 36.78 RCW. WSR 87-21-046 (Order 66), § 136-150-022, filed 10/15/87.

Wash. Admin. Code § 136-150-023 Ascertaining the expenditures for fish passage barrier removal.

In those counties in which road funds have been used for removal of barriers to fish passage and accompanying streambed and stream bank repair as specified in RCW 36.82.070, the county engineer shall submit a certification showing that activities related to the removal of barriers to fish passage performed beyond the county right of way did not exceed twenty-five percent of the total costs for activities related to fish barrier removal on any one project, and that the total annual cost of activities related to the removal of barriers to fish passage performed beyond the county rights of way did not exceed one-half of one percent of the county's annual road construction budget. Such certification shall be submitted to the county road administration board no later than April 1 of each year.

History

Statutory Authority: Chapter 36.79 RCW. WSR 03-21-136, § 136-150-023, filed 10/21/03, effective 11/21/03
WSR 03-05-010, § 136-150-023, filed 2/7/03, effective 3/10/03
WSR 01-17-104, § 136-150-023, filed 8/21/01, effective 9/21/01
WSR 99-01-021, § 136-150-023, filed 12/7/98, effective 1/7/99
WSR 97-24-069, § 136-150-023, filed 12/2/97, effective 1/2/98. Statutory Authority: RCW 36.78.070 and 36.79.060. WSR 96-17-013, § 136-150-023, filed 8/12/96, effective 9/12/96. Statutory Authority: Chapter 36.78 RCW. WSR 87-21-046 (Order 66), § 136-150-023, filed 10/15/87.

Wash. Admin. Code § 136-150-025 Ascertaining the expenditures for marine navigation and moorage purposes.

In those counties in which road funds have been used for marine navigation and moorage purposes as specified in RCW 36.82.070, the county engineer shall submit a certification showing the amount of county road fund used for those activities related to marine navigation and moorage purposes performed contiguous with, adjacent to, or offshore concomitant to the county road right of way. Such certification shall be submitted to the county road administration board no later than April 1st of each year.

History

Statutory Authority: Chapter 36.78 RCW. WSR 15-24-109, § 136-150-025, filed 12/1/15, effective 1/1/16.

Wash. Admin. Code § 136-150-030 Identifying eligible counties.

All counties with a population of less than eight thousand shall be eligible to receive RATA funds. Counties with a population greater than eight thousand shall be eligible to receive RATA funds only if, during the immediately preceding calendar year:

(1) The actual expenditures for traffic law enforcement have been equal to or greater than either the amount of the diverted road levy budgeted for traffic law enforcement or the amount of road funds transferred to current expense to fund traffic law enforcement;

(2) The amount of county road funds used beyond the county right of way for activities clearly associated with removal of fish passage barriers that are the responsibility of the county did not exceed twenty-five percent of the total cost of activities related to fish barrier removal on any one project and the total cost of activities related to fish barrier removal beyond the county right of way did not exceed one-half of one percent of the county's total annual road construction budget;

(3) Any expenditures of the road levy for marine navigation and moorage by those counties eligible per RCW 36.82.070 were made from amounts deposited into a special account within the road fund for those purposes and, performed contiguous with, adjacent to, or offshore concomitant to the county road right of way;

(4) All road funds that have been transferred to other funds have been used for legitimate road purposes;

(5) Revenues collected for road purposes have been expended on other governmental services only after authorization from the voters of that county under RCW 84.55.050; and

(6) County road levy funds have been expended in accordance with chapter 36.82 RCW.

History

Statutory Authority: Chapter 36.78 RCW. WSR 15-24-109, § 136-150-030, filed 12/1/15, effective 1/1/16. Statutory Authority: Chapter 36.79 RCW. WSR 03-05-010, § 136-150-030, filed 2/7/03, effective 3/10/03
WSR 01-17-104, § 136-150-030, filed 8/21/01, effective 9/21/01
WSR 99-01-021, § 136-150-030, filed 12/7/98, effective 1/7/99. Statutory Authority: Chapter 36.78 RCW. WSR 84-16-065 (Order 56), § 136-150-030, filed 7/30/84.

Wash. Admin. Code § 136-150-040 Constraint of contract execution.

The county road administration board shall not execute a contract with any county for any RAP project unless the appropriate certifications have been submitted and unless the county has been identified as being eligible to receive RATA funds.

History

Statutory Authority: Chapter 36.79 RCW. WSR 03-05-010, § 136-150-040, filed 2/7/03, effective 3/10/03
WSR 01-17-104, § 136-150-040, filed 8/21/01, effective 9/21/01
WSR 99-01-021, § 136-150-040, filed 12/7/98, effective 1/7/99. Statutory Authority: Chapter 36.78 RCW. WSR 86-06-005 (Order 61), § 136-150-040, filed 2/20/86
WSR 84-16-065 (Order 56), § 136-150-040, filed 7/30/84.

Wash. Admin. Code § 136-150-050 Certification required.

The contract between the county road administration board and a county relative to a RAP project shall contain a certification signed by the county executive or chair of the board of county commissioners, as appropriate, that the county is in compliance with the provisions of this chapter.

History

Statutory Authority: Chapter 36.79 RCW. WSR 03-05-010, § 136-150-050, filed 2/7/03, effective 3/10/03.

Wash. Admin. Code § 136-150-060 Post audit penalty.

Every RAP project shall be subject to final examination and audit by the state auditor. In the event such an examination reveals an improper certification on the part of a county relative to compliance with provisions of this chapter, the matter shall be placed on the agenda of the next meeting of the county road administration board and may be cause for the board to withdraw or deny the certificate of good practice of that county. The board may also require that all or part of the RATA funds received by the county be returned to the county road administration board.

History

Statutory Authority: Chapter 36.79 RCW. WSR 03-05-010, § 136-150-060, filed 2/7/03, effective 3/10/03.

Chapter 136-161 Project submittal, selection and initial allocation of RATA funds to projects.

Wash. Admin. Code § 136-161-010 Purpose and authority.

RCW 36.79.060 provides that the county road administration board shall administer the rural arterial program (RAP) established by chapter 36.79 RCW. This chapter describes the manner in which counties may request RATA funds for specific rural arterial projects and the manner in which the county road administration board will select projects and allocate RATA funds to such projects.

History

Statutory Authority: Chapter 36.79 RCW. WSR 99-01-021, § 136-161-010, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.79.060. WSR 94-16-111, § 136-161-010, filed 8/2/94, effective 9/2/94.

Wash. Admin. Code § 136-161-020 RAP program cycle—General.

The RAP biennial program cycle consists of the following basic steps:

(1) The CRABoard establishes a funding period if it determines that sufficient future RATA funds are available to provide for new RAP projects. This determination takes place during the CRABoard's regularly scheduled fall meeting in odd-numbered years.

Consistent with WAC 136-130-020, should the board determine there are adequate RATA funds available to be allocated to each region and, under advisement from each region, the board's action shall include the determination of the amount to be allocated to each project type within each region. The board's RATA funding allocation may include all or any subset of the project types described under WAC 136-130-020, and this decision may be unique to each region and may vary between funding periods.

(2) Each eligible county prepares and submits a preliminary prospectus to the county road administration board;

(3) County road administration board staff conducts a field review of each preliminary prospectus and provides to each submitting county an evaluation and scoring of all priority elements which are based on a visual examination, using that region's priority rating process;

(4) Each eligible county prepares and submits a final prospectus to the county road administration board;

(5) For each final prospectus submitted, county road administration board staff computes the total priority rating score and assembles all projects into rank-ordered arrays by region; and

(6) The county road administration board reviews the rank-ordered arrays in each region and, based upon the RATA funds projected to be allocable for the next project program period (see WAC 136-161-070), selects and approves specific projects for RATA funding.

History

Statutory Authority: Chapter 36.78 RCW. WSR 11-05-005, § 136-161-020, filed 2/3/11, effective 3/6/11. Statutory Authority: Chapter 36.79 RCW. WSR 01-05-009, § 136-161-020, filed 2/8/01, effective 3/11/01
WSR 99-01-021, § 136-161-020, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.79.060. WSR 94-16-111, § 136-161-020, filed 8/2/94, effective 9/2/94.

Wash. Admin. Code § 136-161-030 RAP program cycle—Preliminary prospectus.

By March 1st of each even-numbered year prior to a funding period, each eligible county shall, for each project for which it seeks RATA funds estimated to be available in the next project program period, submit a preliminary prospectus to the county road administration board. The format and content of the preliminary prospectus shall be prescribed by the county road administration board. Each preliminary prospectus shall be signed by the county engineer. The number of preliminary prospectuses submitted and the total amount of RATA funds requested by each eligible county should be sufficient to assure that, based upon such prospectuses, each county will be able to compete up to its county limit within its region, subject to the supplemental limitations under WAC 136-130-030 through 136-130-070.

History

Statutory Authority: Chapter 36.78 RCW. WSR 11-05-005, § 136-161-030, filed 2/3/11, effective 3/6/11. Statutory Authority: Chapter 36.79 RCW. WSR 01-05-009, § 136-161-030, filed 2/8/01, effective 3/11/01
WSR 99-01-021, § 136-161-030, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.79.060. WSR 94-16-111, § 136-161-030, filed 8/2/94, effective 9/2/94.

Wash. Admin. Code § 136-161-040 RAP program cycle—Field review by county road administration board.

After all preliminary prospectuses are received, the county road administration board will schedule and conduct an on-site field review of each project. During the field review, conducted jointly with the county engineer or his/her designee (unless waived by the county engineer), the assigned county road administration board staff person will review the overall project scope with the county representative and, using that region's priority rating process, determine the rating score of all priority elements which are based on a visual examination. To ensure both uniformity and professional judgment in the visual ratings, the assigned county road administration board staff person shall be assigned by the deputy director, and be a licensed professional civil engineer in the state of Washington or have significant experience in the design of road and bridge projects, and the same person shall review and rate all projects within a region. All field reviews will be completed, each project's type will be set, and the visual rating scores returned to each submitting county, by July 1st of each even-numbered year prior to a funding period.

History

Statutory Authority: RCW 36.78.070. WSR 24-22-084, s 136-161-040, filed 10/31/24, effective 12/1/24. Statutory Authority: Chapter 36.78 RCW. WSR 21-22-083, § 136-161-040, filed 11/1/21, effective 12/2/21. Statutory Authority: Chapter 36.79 RCW. WSR 01-05-009, § 136-161-040, filed 2/8/01, effective 3/11/01
WSR 99-01-021, § 136-161-040, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.79.060. WSR 94-16-111, § 136-161-040, filed 8/2/94, effective 9/2/94.

Wash. Admin. Code § 136-161-050 RAP program cycle—Final prospectus.

By September 1st of each even-numbered year prior to a funding period, each eligible county shall submit a final prospectus for each project for which it seeks RATA funds. Each final prospectus shall be submitted on forms provided by the county road administration board and shall include a vicinity map, a typical cross-section (existing and proposed), and, if a design deviation is required, an evaluation and determination by the county engineer. If a project is for the improvement of a road which continues into an adjacent county and the project terminus is within 1,000 feet of the county line, the prospectus shall include a statement signed by the county engineer of the adjacent county certifying that the adjacent county will cooperate with the applicant county to the extent necessary to achieve a mutually acceptable design. All final prospectuses shall indicate that the design of the project shall begin not later than one year from the date of project approval by the county road administration board, and that construction of the project shall begin not later than six years from the date of project approval by the county road administration board. All final prospectuses shall come from the pool of preliminary prospectuses submitted and field reviewed as specified in WAC 136-161-030 and 136-161-040. All counties shall use current cost pricing to estimate project costs. Inflation and contingency rates will be applied by the county road administration board based upon project type.

History

Statutory Authority: RCW 36.78.070. WSR 23-23-013, § 136-161-050, filed 11/2/23, effective 12/3/23. Statutory Authority: Chapter 36.78 RCW. WSR 11-05-005, § 136-161-050, filed 2/3/11, effective 3/6/11. Statutory Authority: Chapter 36.79 RCW. WSR 01-05-009, § 136-161-050, filed 2/8/01, effective 3/11/01
WSR 99-01-021, § 136-161-050, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.79.060. WSR 94-16-111, § 136-161-050, filed 8/2/94, effective 9/2/94.

Wash. Admin. Code § 136-161-060 RAP program cycle—Total project rating and priority array.

County road administration board staff will review all final prospectuses and ensure that:

(1) All necessary information is included;

(2) The project is from the pool of preliminary prospectuses;

(3) The project is eligible for RATA funding;

(4) The project schedule indicates that preliminary engineering will begin not later than one year from the date of project approval by the county road administration board, and that the construction of the project will begin not later than six years from the date of project approval by the county road administration board; and

(5) The total project priority rating is mathematically correct and the visual rating scores determined during the field review are included.

(6) Existing and proposed roadway cross sections, project narrative, and preconstruction photos are attached.

After county road administration board staff review, all accepted final prospectuses within each region will be placed in a declining total project rating array. After review by the county road administration board at its next regular meeting, the priority array for each region will be provided to each county in the region. These arrays will be preliminary only and will be provided to the counties to assist them in their internal budgeting and programming. No notations as to whether a particular project will or will not be funded will be included. Projects not adopted in the six-year transportation program by December 31st of the submittal year will be dropped from the array of eligible projects and the revised array will be presented to the county road administration board at its next regularly scheduled meeting.

History

Statutory Authority: Chapter 36.78 RCW. WSR 13-16-105, § 136-161-060, filed 8/7/13, effective 9/7/13
WSR 11-05-005, § 136-161-060, filed 2/3/11, effective 3/6/11. Statutory Authority: Chapter 36.79 RCW. WSR 99-01-021, § 136-161-060, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.78.070 and 36.79.060. WSR 96-17-013, § 136-161-060, filed 8/12/96, effective 9/12/96. Statutory Authority: RCW 36.79.060. WSR 94-16-111, § 136-161-060, filed 8/2/94, effective 9/2/94.

Wash. Admin. Code § 136-161-070 RAP program cycle—Selection and approval of projects for RATA funding.

(1) At its last regular meeting before the beginning of each biennium, the county road administration board will select projects and allocate anticipated RATA funds to projects in each region. The preliminary priority arrays as developed in WAC 136-161-060 will be updated to exclude any county which is ineligible under chapter 136-150 WAC, and projects will be selected from these arrays. Selections will be made in each region in declining priority rank order, provided that:

(a) No county shall be allocated RATA funds in excess of its regional county limit as specified in WAC 136-161-080; and

(b) Any projects which were partially funded in the prior biennium shall, unless otherwise requested by the county, be fully funded before new projects are selected. Ties in total rating points will be broken by the county road administration board in favor of the county having the lesser total amount of previously allocated RATA funds.

(2) The statewide net amount of RATA funds available for allocation to projects in the funding period will be based on the most recent state fuel tax revenue forecast prepared quarterly by the department of transportation, less estimated administrative costs, and less any amounts set aside for emergent projects as described in WAC 136-163-020. The total amount of RATA funds available for allocation to projects in a region (i.e., "forecasted regional apportionment amount") will be based on the regional apportionment percentages of the statewide net amount as determined in chapter 136-100 WAC.

(3) Project program periods and the corresponding funding periods shall both begin on July 1st of odd numbered years and end on June 30th of odd numbered years, unless modified by resolution of the board.

(4) The RATA amounts allocated to projects in the first year of the biennium are limited to no more than ninety percent of the net amount estimated to be allocable to each region for the project program period, with the remaining percentage allocated at such time as deemed appropriate by the county road administration board.

(5) Acceptance of the RATA allocation for a project by the full execution of a CRAB/county contract as described in chapter 136-170 WAC constitutes agreement to complete the project in compliance with the scope, design and project limits in the final prospectus. All material changes to the scope, design or project limits must be approved by the county road administration board prior to commencement of construction.

History

Statutory Authority: Chapter 36.78 RCW. WSR 11-05-005, § 136-161-070, filed 2/3/11, effective 3/6/11. Statutory Authority: Chapter 36.79 RCW. WSR 01-05-009, § 136-161-070, filed 2/8/01, effective 3/11/01
WSR 99-01-021, § 136-161-070, filed 12/7/98, effective 1/7/99
WSR 98-09-070, § 136-161-070, filed 4/20/98, effective 5/21/98. Statutory Authority: RCW 36.78.070 and 36.79.060. WSR 96-17-013, § 136-161-070, filed 8/12/96, effective 9/12/96. Statutory Authority: RCW 36.79.060. WSR 94-16-111, § 136-161-070, filed 8/2/94, effective 9/2/94.

Wash. Admin. Code § 136-161-080 Limitations on allocations of RATA funds to counties.

For any project program period, no county shall receive a RATA fund allocation greater than the following maximum project RATA contribution, or percentage of the forecasted regional apportionment amount:

(1) PSR: No maximum project RATA contribution; 40 percent limit on percentage of the forecasted regional apportionment amount;

(2) NWR: No maximum project RATA contribution; 20 percent limit on percentage of the forecasted regional apportionment amount;

(3) NER: No maximum project RATA contribution; 12 1/2 percent limit on percentage of the forecasted regional apportionment amount;

(4) SWR: No maximum project RATA contribution; 15 percent limit on percentage of the forecasted regional apportionment amount;

(5) SER: No maximum project RATA contribution; percentage varies by county as follows:

(a) Asotin County	ten percent
(b) Benton County	fourteen percent
(c) Columbia County	eleven percent
(d) Franklin County	thirteen percent
(e) Garfield County	ten percent
(f) Kittitas County	thirteen percent
(g) Klickitat County	fourteen percent
(h) Walla Walla County	fourteen percent
(i) Yakima County	twenty percent

(6) The county limits for all eligible and applying counties in each region will be adjusted to include by equal share the funding limit of any ineligible or nonapplying county.

(7) Projects must have a total estimated cost of $250,000 or greater to be eligible for RATA funding.

History

Statutory Authority: RCW 36.78.070. WSR 23-23-013, § 136-161-080, filed 11/2/23, effective 12/3/23. Statutory Authority: Chapter 36.78 RCW. WSR 21-22-083, § 136-161-080, filed 11/1/21, effective 12/2/21
WSR 19-04-047, § 136-161-080, filed 1/29/19, effective 3/1/19
WSR 11-05-005, § 136-161-080, filed 2/3/11, effective 3/6/11
WSR 10-05-018, § 136-161-080, filed 2/4/10, effective 3/7/10. Statutory Authority: Chapter 36.79 RCW. WSR 08-16-042, § 136-161-080, filed 7/29/08, effective 8/29/08
WSR 07-17-020, § 136-161-080, filed 8/6/07, effective 9/6/07
WSR 03-11-046, § 136-161-080, filed 5/16/03, effective 6/16/03
WSR 99-01-021, § 136-161-080, filed 12/7/98, effective 1/7/99
WSR 98-09-070, § 136-161-080, filed 4/20/98, effective 5/21/98. Statutory Authority: RCW 36.79.060. WSR 94-16-111, § 136-161-080, filed 8/2/94, effective 9/2/94.

Wash. Admin. Code § 136-161-090 Limitations on use of RATA funds.

RATA funds requested and allowed to a project are limited to the match requirements established by county road administration board policy following 36. 79.120 RCW. The match requirements will be applied to the total eligible project development costs, which include preliminary engineering and construction costs in all regions, and non 2R project type right-of-way costs in the PSR, NWR, NER and SER.

Even though additional and eligible project development costs may be incurred by a county for a specific project, the maximum amount of RATA funds for that project is limited to the amount allocated and shown in the CRAB/county contract (see chapter 136-170 WAC), unless the allocation is increased pursuant to chapter 136-165 WAC.

History

Statutory Authority: Chapter 36.78 RCW. WSR 21-22-083, § 136-161-090, filed 11/1/21, effective 12/2/21. Statutory Authority: Chapter 36.79 RCW. WSR 07-17-020, § 136-161-090, filed 8/6/07, effective 9/6/07
WSR 99-01-021, § 136-161-090, filed 12/7/98, effective 1/7/99
WSR 98-09-070, § 136-161-090, filed 4/20/98, effective 5/21/98. Statutory Authority: RCW 36.79.060. WSR 94-16-111, § 136-161-090, filed 8/2/94, effective 9/2/94.

Wash. Admin. Code § 136-161-110 Use of other funds to match RATA funds.

A county with an approved RAP project may use any other funds available for such project including federal, other state, private, and local funds. The minimum match of RATA funds allocated to the project shall be set by county road administration board policy following RCW 36.79.120.

History

Statutory Authority: Chapter 36.78 RCW. WSR 21-22-083, § 136-161-110, filed 11/1/21, effective 12/2/21. Statutory Authority: Chapter 36.79 RCW. WSR 07-17-020, § 136-161-110, filed 8/6/07, effective 9/6/07
WSR 99-01-021, § 136-161-110, filed 12/7/98, effective 1/7/99.

Wash. Admin. Code § 136-161-120 RAP program advancing RATA funds.

(1) Counties may request advancing RATA funds for partially funded projects. Such a request by a county shall demonstrate the ability to proceed with the project ahead of the regular funding schedule, and shall acknowledge that advancing RATA funds will correspondingly reduce the limit of RATA funds that may be allocated to the county in the next project program period.

(2) In considering a request to advance RATA funding, the county road administration board will review the county's justification, the current RATA account balance, expected reimbursements, and the most current transportation revenue forecast.

(3) The executive director shall approve or deny a county's request for advancing RATA funds.

(a) If the request is approved, in whole or in part, the executive director is authorized to execute an amendment to the CRAB/county contract. Upon execution of a contract amendment under this chapter, the executive director will advise board members of the amendment details at the next CRAB board meeting.

(b) If the request is denied, in whole or in part, the county may appeal the executive director's decision at the board's next regularly scheduled board meeting.

History

Statutory Authority: RCW 36.78.070. WSR 23-23-013, § 136-161-120, filed 11/2/23, effective 12/3/23.

Chapter 136-163 Allocation of RATA funds to emergent projects.

Wash. Admin. Code § 136-163-010 Purpose and authority.

RCW 36.79.140 provides for the authorization of rural arterial trust account funds for projects of an emergent nature. This chapter describes the manner in which counties may request funding for such emergent projects and the manner in which the county road administration board will respond to such requests.

History

Statutory Authority: Chapter 36.78 RCW. WSR 20-04-077, § 136-163-010, filed 2/4/20, effective 3/6/20. Statutory Authority: Chapter 36.79 RCW. WSR 99-01-021, § 136-163-010, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.79.060. WSR 96-17-014, § 136-163-010, filed 8/12/96, effective 9/12/96.

Wash. Admin. Code § 136-163-020 Project eligibility.

Projects of an emergent nature may be funded through the rural arterial program as authorized by chapter 36.79 RCW. An emergent project is defined as a project whose need the county was unable to anticipate at the time the six-year program of the county was developed. Emergency work to temporarily restore a county road for the short-term use of the traveling public is not eligible for funding as an emergent project; however, a project to permanently repair a county road after an emergency may be considered for funding if the proposed project meets all other requirements of the rural arterial program.

To be eligible for emergent project approval, the project shall be evaluated by the county road administration board grant programs engineer, with the participation of the county engineer, on the same point system as all other projects within the region. The proposed emergent project must rank at or above the regional funding cutoff line on the current array based upon one hundred percent of the current estimated regional allocation as determined by the county road administration board.

History

Statutory Authority: Chapter 36.78 RCW. WSR 20-04-077, § 136-163-020, filed 2/4/20, effective 3/6/20. Statutory Authority: Chapter 36.79 RCW. WSR 99-01-021, § 136-163-020, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.79.060. WSR 96-17-014, § 136-163-020, filed 8/12/96, effective 9/12/96.

Wash. Admin. Code § 136-163-050 Limitations and conditions.

All projects for which rural arterial program funding is being requested under this chapter are subject to the following:

(1) The requesting county has the sole burden of making a clear and conclusive showing that the project is emergent as described in this chapter; and

(2) The requesting county shall clearly demonstrate that the need for the project was unable to be anticipated at the time the current six-year transportation program was developed; and

(3) The requesting county agrees to a reduction in the next funding period's maximum RATA eligibility to the county equal to the RATA that may be awarded. Should that region not have a maximum RATA eligibility for each county, the requesting county agrees to withdraw, amend or delay an existing approved project or portion thereof in an amount equal to the RATA that may be provided for the project.

History

Statutory Authority: Chapter 36.78 RCW. WSR 21-22-083, § 136-163-050, filed 11/1/21, effective 12/2/21
WSR 20-04-077, § 136-163-050, filed 2/4/20, effective 3/6/20. Statutory Authority: Chapter 36.79 RCW. WSR 01-05-009, § 136-163-050, filed 2/8/01, effective 3/11/01
WSR 99-01-021, § 136-163-050, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.79.060. WSR 96-17-014, § 136-163-050, filed 8/12/96, effective 9/12/96.

Wash. Admin. Code § 136-163-060 Action by the county road administration board.

Counties may request consideration and action by the county road administration board at any time, however, the county road administration board will address all such requests at its next regular quarterly meeting. A county may request, and the county road administration board chair may convene, a special meeting to consider such a request as provided for in WAC 136-01-030.

History

Statutory Authority: Chapter 36.79 RCW. WSR 99-01-021, § 136-163-060, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.79.060. WSR 96-17-014, § 136-163-060, filed 8/12/96, effective 9/12/96.

Chapter 136-165 Increased allocations of RATA funds to projects.

Wash. Admin. Code § 136-165-010 Purpose and authority.

RCW 36.79.150 provides for increasing the amount of RATA funds allocated to a project. This chapter describes the manner in which counties may request an increase in the amount of RATA funds allocated to a project and the manner in which the county road administration board will respond to such requests.

History

Statutory Authority: RCW 36.78.070. WSR 23-23-013, § 136-165-010, filed 11/2/23, effective 12/3/23. Statutory Authority: Chapter 36.79 RCW. WSR 99-01-021, § 136-165-010, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.79.060. WSR 94-16-109, § 136-165-010, filed 8/2/94, effective 9/2/94.

Wash. Admin. Code § 136-165-020 Requirements for consideration of RATA fund increases.

(1) When a county submits its final prospectus as described in WAC 136-161-050, the county road administration board presumes that the amount of RATA funds requested, plus any non-RATA funds that may be designated for the project, are sufficient to fully, and in a timely manner, complete the project as described.

(2) All cost increases during the course of construction shall be the responsibility of the county. In extraordinary circumstances, a county may request an increase in the amount of RATA funds allocated to a project. A county may request an increase in a project's RATA allocation once during the course of a project's development, and such request may occur only after completion of preliminary engineering, but prior to commencing construction. A project shall be considered to have commenced construction if:

(a) The construction contract for the work has been awarded; or

(b) If done by county forces, the work has commenced, except for construction engineering.

Requests for increases in excess of 25 percent of the original RATA allocation will not be considered or granted; the county must secure other funds, withdraw or request the termination of the project, or request a change in scope and/or project limits. If current funding sources are not sufficient to cover the costs beyond a 25 percent increase, the county may resubmit the same project for funding in the next funding period. Upon funding of the new project by the county road administration board, the previous contract shall become void. All RATA funds expended on the previous contract shall be repaid to the county road administration board unless waived by the county road administration board in keeping with provisions of WAC 136-167-030.

(3) A request by a county for an increase in RATA funds allocated to a project shall demonstrate that:

(a) The county at the time of preparing its final project prospectus considered the factors listed in subsection (4) of this section;

(b) The request for an increased allocation is based on extraordinary and unforeseeable circumstances of the type listed in subsection (5) of this section;

(c) It is not feasible to reduce the scope and/or project limits so the project can be substantially constructed within the initial RATA allocation;

(d) The request is not to pay for an expansion of the originally approved project;

(e) If the work is to be done by contract, the county has supplied to the CRABoard, an updated engineer's cost estimate prior to, and within three months of, advertisement of the project for construction bids; and

(f) If the work is to be done by county forces, the county has supplied to the CRABoard, an updated engineer's cost estimate prior to, and within three months of, commencement of the work.

(4) At the time of preparation and submittal of the final project prospectus, a county is expected to consider all information which may affect the cost of the project. In cases where the information is incomplete or poorly defined, the county is to exercise good professional judgment and/or seek outside professional assistance and advice in order to prepare a reasonable RATA fund request. The information which a county is expected to consider includes, but is not limited to, the following:

(a) The availability at the needed time of matching funds and other supplementary funds;

(b) All technical data reasonably available such as topographic maps, reconnaissance reports, surface and subsurface geotechnical data, hydraulic and hydrological data, sources of materials, applicable design standards, and any earlier preliminary engineering;

(c) Required permits, including preproject scoping consultations with the permitting agencies and an estimate of the costs of complying with permit requirements;

(d) Required right of way or other easements, and the time and cost of acquisition;

(e) Availability of qualified contractors to perform the work;

(f) Ownership, type, amount, and time requirements of any required utility relocation;

(g) Historical and projected labor, equipment and material costs; and

(h) The project development timetable leading to completed construction and the interrelation of this project to all other work activities under the control of the county engineer.

(5) The county road administration board will increase RATA funds allocated to a project only if it finds that the request for an increased allocation is based on extraordinary and unforeseeable circumstances, including but not limited to the following:

(a) The county relied on existing technical data which were later found to be in error, and which will necessitate a significant design change prior to proceeding with construction;

(b) Project permit requirements were substantially changed, or new permits were required;

(c) Supplementary funds, such as impact fees, developer contributions, grants, etc., which were forecasted to be available for the project, were withdrawn or otherwise became unavailable;

(d) Design or other standards applicable to the project were changed;

(e) The start of construction will be significantly delayed or additional construction requirements will be added as a direct result of legal action; provided however, that the failure of a county to exercise its statutory powers, such as condemnation, will not be grounds for increasing RATA funds; and/or

(f) The lowest responsive bid for construction exceeds the amount of available funding for construction; provided that said bid is determined by the county engineer to be reasonable and the increased cost of the bid can be justified.

History

Statutory Authority: RCW 36.78.070. WSR 23-23-013, § 136-165-020, filed 11/2/23, effective 12/3/23. Statutory Authority: Chapter 36.78 RCW. WSR 21-22-083, § 136-165-020, filed 11/1/21, effective 12/2/21
WSR 11-05-005, § 136-165-020, filed 2/3/11, effective 3/6/11
WSR 09-23-044, § 136-165-020, filed 11/9/09, effective 12/10/09. Statutory Authority: Chapter 36.79 RCW. WSR 06-11-067, § 136-165-020, filed 5/12/06, effective 6/12/06
WSR 99-01-021, § 136-165-020, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.79.060. WSR 94-16-109, § 136-165-020, filed 8/2/94, effective 9/2/94.

Wash. Admin. Code § 136-165-030 County road administration board evaluation, consideration and action.

(1) In deciding whether to grant a request for a RATA allocation increase submitted under the provisions of WAC 136-165-020, the county road administration board will consider the following factors:

(a) Whether the county, at the time of preparing its final project prospectus, considered the factors listed in WAC 136-165-020(4);

(b) Whether the county's request for an increased allocation is based on extraordinary and unforeseeable circumstances of the type listed in WAC 136-165-020(5);

(c) Whether it is feasible to reduce the scope and/or project limits so the project can be substantially constructed within the initial RATA allocation;

(d) Whether the request is to pay for an expansion of the project; and

(e) Whether the increased allocation will have an adverse effect on other approved or requested RATA funded projects.

(2) The executive director shall approve or deny a county's request for additional funds.

(b) If the request is denied, in whole or in part, the county may appeal the executive director's decision at the board's next regularly scheduled board meeting.

History

Statutory Authority: RCW 36.78.070. WSR 23-23-013, § 136-165-030, filed 11/2/23, effective 12/3/23. Statutory Authority: Chapter 36.78 RCW. WSR 11-05-005, § 136-165-030, filed 2/3/11, effective 3/6/11. Statutory Authority: Chapter 36.79 RCW. WSR 99-01-021, § 136-165-030, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.79.060. WSR 94-16-109, § 136-165-030, filed 8/2/94, effective 9/2/94.

Wash. Admin. Code § 136-165-040 Effect of receiving RATA increase.

A county's increased RATA funds for a project program period shall correspondingly reduce the limit of RATA funds that may be allocated to the county in the next project program period; provided that the county road administration board may grant a county's request to decrease such a reduction by the total amount of increased but unexpended RATA funds.

All reductions and reduction adjustments as described shall be effective in the project program period following the period in which the increase in the RATA funds is approved.

History

Statutory Authority: Chapter 36.78 RCW. WSR 11-05-005, § 136-165-040, filed 2/3/11, effective 3/6/11. Statutory Authority: Chapter 36.79 RCW. WSR 99-01-021, § 136-165-040, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.79.060. WSR 94-16-109, § 136-165-040, filed 8/2/94, effective 9/2/94.

Wash. Admin. Code § 136-165-050 Amendment of CRAB/county contract.

All changes in approved RATA allocations and other county road administration board actions taken under the provisions of this chapter shall be reflected by amending the CRAB/county contract. Failure of a county to sign and return an amended CRAB/county contract within forty-five calendar days of its mailing by the county road administration board shall nullify all allocation increases and other county road administration board actions.

History

Statutory Authority: Chapter 36.78 RCW. WSR 11-05-005, § 136-165-050, filed 2/3/11, effective 3/6/11. Statutory Authority: Chapter 36.79 RCW. WSR 99-01-021, § 136-165-050, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.79.060. WSR 94-16-109, § 136-165-050, filed 8/2/94, effective 9/2/94.

Chapter 136-167 Withdrawals, early termination, and lapsing of approved projects.

Wash. Admin. Code § 136-167-010 Purpose and authority.

RCW 36.79.060 authorizes the county road administration board to adopt rules relating to the allocation of funds in the rural arterial trust account (RATA). This chapter describes the manner in which the county road administration board will administer project withdrawals, early termination, and lapsing of approved projects.

History

Statutory Authority: Chapter 36.79 RCW. WSR 99-01-021, § 136-167-010, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.79.060. WSR 94-16-110, § 136-167-010, filed 8/2/94, effective 9/2/94.

Wash. Admin. Code § 136-167-020 Withdrawal of approved project before RATA reimbursement.

At any time after the submittal of a final prospectus and prior to the time the first RATA reimbursement has been sent to the county, a county may withdraw a RATA funded project. Withdrawal may occur either before or after the county road administration board has allocated RATA funds to the project. The statement of withdrawal must be in writing and signed by the chair of the board of county commissioners or the county executive, as appropriate. The withdrawal shall be effective upon receipt by the county road administration board. If RATA funds have been allocated to the project and a CRAB/county contract has been executed, the contract will be voided and the RATA funds will be allocated to other projects within the region.

History

Statutory Authority: Chapter 36.79 RCW. WSR 00-05-043, § 136-167-020, filed 2/11/00, effective 3/13/00
WSR 99-01-021, § 136-167-020, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.79.060. WSR 94-16-110, § 136-167-020, filed 8/2/94, effective 9/2/94.

Wash. Admin. Code § 136-167-030 Termination of approved project after RATA reimbursement.

(1) If a county terminates an uncompleted RATA funded project for which RATA reimbursement has been made, for other than an unanticipated scope change, and is prepared to repay the RATA for all RATA funds received, the county shall, by means of a letter signed by the chair of the board of county commissioners or the county executive as appropriate, inform the county road administration board of its termination of the project. The letter shall state the reasons for termination and commit to repaying all RATA funds received for the project. Upon acknowledgment of such termination by the county road administration board, the county shall repay the county road administration board for all RATA funds paid to the county on that project within 60 days of such acknowledgment. After receipt of the RATA repayment, the county road administration board will void the CRAB/county contract and allocate the RATA funds to other projects within the region.

(2) If a county terminates an uncompleted RATA funded project for which RATA reimbursement has been made, for other than an unanticipated scope change, and does not want to be required to repay the county road administration board for all RATA funds received, a letter of request signed by the chair of the board of county commissioners or the county executive as appropriate must be sent to the county road administration board. The request must include:

(a) An explanation of the reasons that the project will not proceed to completion;

(b) A statement of the amount of RATA funds which the county does not want to repay;

(d) Agreement to provide supporting documentation for amounts the county does not want to repay.

If the county road administration board grants the request, the county shall repay all RATA funds not exempted from repayment within 60 days of the county road administration board's action, the CRAB/county contract will be amended, and the remaining RATA funds will be allocated to other projects within the region. If the county road administration board denies the request, full repayment shall be made as provided in subsection (1) of this section.

History

Statutory Authority: Chapter 36.78 RCW. WSR 21-22-083, § 136-167-030, filed 11/1/21, effective 12/2/21
WSR 11-05-005, § 136-167-030, filed 2/3/11, effective 3/6/11. Statutory Authority: Chapter 36.79 RCW. WSR 00-05-043, § 136-167-030, filed 2/11/00, effective 3/13/00
WSR 99-01-021, § 136-167-030, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.79.060. WSR 94-16-110, § 136-167-030, filed 8/2/94, effective 9/2/94.

Wash. Admin. Code § 136-167-040 Lapsing of RATA allocation for approved projects.

To encourage timely development and construction of approved projects, all projects for which RATA funds have been allocated must meet certain project development milestones. Failure to meet the milestones will result in action by the county road administration board to withdraw RATA funds from the project.

(1) For the purposes of this section, a project will be subject to lapsing and withdrawal of its RATA allocation if:

(a) The project has not begun the preliminary engineering within one year of project approval by the county road administration board; or

(b) The project has not begun construction within six years of the date of project approval by the county road administration board.

(2) A project shall be considered in preliminary engineering if RATA funds have been expended or evidence that non-RATA funds have been expended for preliminary engineering as provided for in RCW 36.75.050. A project shall be considered in construction if:

(a) The construction contract for the work has been advertised for bids as provided for in RCW 36.77.020;

(b) A contract has been awarded under the provisions of the small works roster contract award process; or

(3) If an approved project does not meet a required project development milestone, the county road administration board will, at its next regular meeting, withdraw RATA funds from the project.

(4) At any time up to ten days before such meeting, the county may, in writing, request an extension of the lapse date. The county road administration board may grant such an extension if it finds that the delay in project development was for reasons that were both unanticipated and beyond the control of the county, and subject to the following:

(a) A project extension will be granted one time only and will be no more than two years in length; and

(b) The county can demonstrate that the project was actively pursued for completion within the original CRAB/county contract terms and can be completed within a two year extension; and

(c) The request for an extension is based on unforeseeable circumstances that the county could not have anticipated at the time the project was submitted for RATA funding; and

(d) An approved time extension will not be grounds for the county to request an increase in the RATA funding of the project; and

(e) The executive director will determine a new lapse date, and all of the requirements listed above under subsections (1) and (2) of this section will apply except that further extensions will not be granted.

(5) The CRABoard may in its discretion determine that for the public safety, health or general welfare, an additional extension is necessary. If such a determination is made, the CRABoard may grant an additional extension and set the duration thereof.

(6) The CRABoard may at any time place a moratorium on lapsing of projects that are delayed due to CRAB initiated rescheduling and establish a new lapsing date to fit the CRABoard's programming needs. For those projects given a lapsing moratorium, section four shall be held in abeyance until the new lapsing date.

History

Statutory Authority: Chapter 36.78 RCW. WSR 15-16-015, § 136-167-040, filed 7/24/15, effective 8/24/15
WSR 11-05-005, § 136-167-040, filed 2/3/11, effective 3/6/11
WSR 09-23-044, § 136-167-040, filed 11/9/09, effective 12/10/09. Statutory Authority: Chapter 36.79 RCW. WSR 01-09-077, § 136-167-040, filed 4/17/01, effective 5/18/01
WSR 99-01-021, § 136-167-040, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.79.060. WSR 94-16-110, § 136-167-040, filed 8/2/94, effective 9/2/94.

Chapter 136-170 Execution of a CRAB/county contract.

Wash. Admin. Code § 136-170-010 Purpose and authority.

RCW 36.79.060 authorizes the county road administration board to adopt rules to implement the rural arterial program (RAP). This chapter describes the individual project contract between the county road administration board and a county (CRAB/county contract) to be used to administer each approved RAP project.

History

Statutory Authority: Chapter 36.79 RCW. WSR 99-01-021, § 136-170-010, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.78.070 and 36.79.060. WSR 96-17-013, § 136-170-010, filed 8/12/96, effective 9/12/96. Statutory Authority: RCW 36.79.060. WSR 94-16-112, § 136-170-010, filed 8/2/94, effective 9/2/94. Statutory Authority: Chapter 36.78 RCW. WSR 84-16-065 (Order 56), § 136-170-010, filed 7/30/84.

Wash. Admin. Code § 136-170-020 Notification of counties.

The county road administration board shall, within ten days of its RAP project approval meeting, notify each county having an approved project of such approval and of the amount of RATA funds allocated to each approved project. The county road administration board shall offer a contract for each such approved project setting forth the terms and conditions under which RATA funds will be provided.

History

Statutory Authority: Chapter 36.79 RCW. WSR 99-01-021, § 136-170-020, filed 12/7/98, effective 1/7/99. Statutory Authority: Chapter 36.78 RCW. WSR 84-16-065 (Order 56), § 136-170-020, filed 7/30/84.

Wash. Admin. Code § 136-170-030 Terms of CRAB/county contract.

(1) The CRAB/county contract shall include, but not be limited to, the following provisions:

(a) The contract shall be valid and binding, and the county shall be entitled to receive RATA funding in accordance with the vouchering/payment process as described in chapter 136-180 WAC, only if the contract is properly signed and returned to the county road administration board within forty-five calendar days of its mailing by the county road administration board.

(b) The county certifies that it is in compliance with the provisions of chapter 136-150 WAC.

(c) The project will be constructed in accordance with the scope, design and project limits as described in the final prospectus and in accordance with the plans and specifications approved by the county engineer, and, if applicable, the phased construction plan submitted by the county engineer to the county road administration board.

(d) The county will notify the county road administration board:

(i) If a single construction contract is intended to fully complete the project, at the time of project advertisement, construction contract, and when the project has been completed. Should the small works roster process be utilized, then the initial notice must occur prior to initiating the contractor selection process.

(ii) If county forces are utilized to fully complete the project, at the time of project notice, as required in RCW 36.77.070, commencement of construction activities, and when the project has been completed.

(iii) If the project applies a phased construction methodology, at those times described in a phased construction plan, consistent with subsection (2) of this section.

(e) The county road administration board will reimburse counties on the basis of monthly progress payment vouchers received and approved on individual projects in the order in which they are received in the county road administration board office, subject to the availability of RATA funds apportioned to the region; or subject to a minimum regional balance determined by the CRABoard for the purposes of cash flow; provided however, that if insufficient RATA funds are available or the legislature fails to appropriate sufficient RATA funds, payment of vouchers may be delayed or denied. Counties are ineligible to receive RATA funded construction cost reimbursements prior to satisfaction of the initial project notice requirement described in subsection (1)(d) of this section.

(f) The county will reimburse the RATA in the event a project post-audit reveals ineligible expenditures of RATA funds.

(g) The county may be required to reimburse the RATA in the event of early termination in accordance with the provisions of chapter 136-167 WAC.

(h) The county agrees to amend the contract in cases where:

(i) Additional RATA funds have been requested and approved under chapter 136-165 WAC;

(ii) Other relief from the original scope, design or project limits has been approved by the county road administration board under chapter 136-165 WAC; or

(iii) A project has been terminated without full RATA reimbursement under WAC 136-167-030(2).

(i) The county agrees to provide periodic project development progress reports as requested by the county road administration board.

(2) Counties may implement a phased construction methodology in the completion of RATA funded projects. A phased construction methodology is described as the process to implement multiple construction contracts through competitive bid and award, contracts awarded through exercise of the small works roster process, or construction by county forces, or a combination of two or more of these three methods, in order to complete a single RATA funded project. If a county elects to use phased construction methodology, construction of at least one of the project phases must commence by the lapsing date and all remaining phases must commence within two years of commencement of the first phase. In the event the county fails to meet either of these timelines, repayment of expended RATA funds for all phases of the project will be required unless waived by the county road administration board in keeping with the provisions of this section.

(a) In order to be considered phased construction, each phase must:

(i) Be distinct, independent, and nonoverlapping construction activities as to location and type of work;

(ii) Result in separate function and utility;

(iii) Be part of related and sequential construction activities that lead to overall project completion;

(iv) Separately and collectively comply with state laws as to procurement of contract work and use of county forces; and

(v) Not be implemented in a way that would otherwise be considered a split project, as described in WAC 136-170-060, without first obtaining approval as a split project.

(b) In order to satisfy notification requirement of subsection (1)(d) of this section, a phased construction plan must be developed and submitted to the county road administration board at least fifteen calendar days prior to contract bid advertisement, beginning the selection process for a contractor through a small works roster process, or commencement of construction by county forces, whichever occurs first. The phased construction plan must:

(i) Include a description of each construction phase, the contracting method to be employed or that county forces will be used;

(ii) Include an estimated cost and begin and end dates for each construction phase; and

(iii) Describe the relationship between construction phases and ultimate completion of the overall project.

History

Statutory Authority: Chapter 36.78 RCW. WSR 21-22-083, § 136-170-030, filed 11/1/21, effective 12/2/21
WSR 13-16-105, § 136-170-030, filed 8/7/13, effective 9/7/13
WSR 11-05-005, § 136-170-030, filed 2/3/11, effective 3/6/11. Statutory Authority: Chapter 36.79 RCW. WSR 01-05-008, § 136-170-030, filed 2/8/01, effective 3/11/01
WSR 99-01-021, § 136-170-030, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.78.070 and 36.79.060. WSR 96-17-013, § 136-170-030, filed 8/12/96, effective 9/12/96. Statutory Authority: RCW 36.79.060. WSR 94-16-112, § 136-170-030, filed 8/2/94, effective 9/2/94. Statutory Authority: Chapter 36.78 RCW. WSR 84-16-065 (Order 56), § 136-170-030, filed 7/30/84.

Wash. Admin. Code § 136-170-040 Combining of CRAB/county contracts.

In those cases when a county desires to combine two or more adjacent RATA funded projects into a single contract, the county, prior to advertising for the construction contract, or prior to commencing construction should any of the projects be scheduled for completion by county forces, must make a formal written request to the county road administration board to combine the projects into a single project, assuring that the original prospectus work will be accomplished as originally proposed or as previously revised by the county road administration board, regardless of the applicable maximum project RATA contribution.

Upon receipt of a letter of request to combine, and consideration and approval by the director of the county road administration board, a revised CRAB/county contract will be prepared and sent to the county for its execution and returned in the same manner as for the original contract(s). Projects shall be considered adjacent if they have a common terminus.

History

Statutory Authority: Chapter 36.78 RCW. WSR 21-22-083, § 136-170-040, filed 11/1/21, effective 12/2/21
WSR 09-23-044, § 136-170-040, filed 11/9/09, effective 12/10/09. Statutory Authority: Chapter 36.79 RCW. WSR 08-16-044, § 136-170-040, filed 7/29/08, effective 8/29/08
WSR 99-01-021, § 136-170-040, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.79.060. WSR 94-16-112, § 136-170-040, filed 8/2/94, effective 9/2/94.

Wash. Admin. Code § 136-170-045 Bundling of construction projects.

In those cases when a county desires to bundle two or more RATA funded projects into a single construction contract, the county, prior to advertising for the construction contract, or prior to commencing construction should any of the projects be scheduled for completion by county forces, must make a formal written request to the county road administration board to bundle the projects into a single construction contract. This request must describe the benefit to bundling the projects into a single construction contract and demonstrate how the county will separately track each individual project/item cost.

Upon receipt of a letter of request to bundle funded projects for construction, a letter approving or denying the request will be prepared and sent to the county from the county road administration board executive director.

History

Statutory Authority: Chapter 36.78 RCW. WSR 21-22-083, § 136-170-045, filed 11/1/21, effective 12/2/21.

Wash. Admin. Code § 136-170-050 Combining of RATA funded project with non-RATA funded project.

In those cases when a county desires to combine a RATA funded project with one or more adjacent non-RATA funded projects, the county, prior to advertising for the construction contract, or prior to commencing construction should any of the projects be scheduled for completion by county forces, shall notify the county road administration board in writing of its plans to combine the projects into a single construction project, assuring in writing that the work items assigned to the RATA funded section will remain distinct and separate through the bid documents and contract plans.

Upon verification that the request is submitted in a timely manner, that the combined project will meet the conditions of the CRAB/county contract and prospectus requirements, and that RATA funded items of work will be sufficiently separated from other work, the CRAB director will respond in writing, to grant the combination. Projects shall be considered adjacent if they have a common terminus.

History

Statutory Authority: Chapter 36.78 RCW. WSR 21-22-083, § 136-170-050, filed 11/1/21, effective 12/2/21
WSR 09-23-044, § 136-170-050, filed 11/9/09, effective 12/10/09. Statutory Authority: Chapter 36.79 RCW. WSR 08-16-044, § 136-170-050, filed 7/29/08, effective 8/29/08.

Wash. Admin. Code § 136-170-060 Splitting of CRAB/county contracts.

(1) A county may split a single rural arterial trust account funded project into multiple adjacent project segments only upon written request and approval by the director of the county road administration board.

(2) The county must submit the request prior to advertising for any construction contract, or prior to commencing any construction by county forces. The request shall contain detailed information prepared by the county engineer demonstrating fulfillment of the original CRAB/county contract selected through the region's project array, including:

(a) The relationship between the original and segmented project termini;

(b) Each segment's distinct and separate utility; and

(3) Upon receipt of the county's written request to split a RAP project, the CRAB director will consider and may approve the split.

(4) Upon such approval, a revised CRAB/county contract will be prepared, and sent to the county for its execution and returned in the same manner as for the original contract. The final contract must be fully executed prior to advertisement for contract construction, or if done by county forces, prior to commencing construction.

(5) Failure of a county to sign and return an amended CRAB/county contract within forty-five calendar days of receipt shall nullify any split requests and any other county road administration board actions associated with the split request.

(6) Construction on at least one of the split project segments must commence by the lapsing date of the original project and all remaining portions must proceed to construction within two years of commencement of the first project. In the event the county fails to meet either of these timelines, repayment of expended RATA funds for all portions of the projects will be required unless waived by the county road administration board in keeping with provisions of WAC 136-167-030.

History

Statutory Authority: Chapter 36.78 RCW. WSR 11-05-005, § 136-170-060, filed 2/3/11, effective 3/6/11
WSR 09-23-044, § 136-170-060, filed 11/9/09, effective 12/10/09. Statutory Authority: Chapter 36.79 RCW. WSR 08-16-044, § 136-170-060, filed 7/29/08, effective 8/29/08.

Chapter 136-180 Processing of RAP vouchers.

Wash. Admin. Code § 136-180-010 Purpose and authority.

RCW 36.79.160 provides that counties shall submit vouchers for payment of the RATA share of the cost of work completed on each RAP project. This chapter describes the manner in which the county road administration board will implement the provisions related to payment of vouchers.

History

Statutory Authority: Chapter 36.79 RCW. WSR 99-01-021, § 136-180-010, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.78.070 and 36.79.060. WSR 96-17-013, § 136-180-010, filed 8/12/96, effective 9/12/96. Statutory Authority: Chapter 36.78 RCW. WSR 84-16-065 (Order 56), § 136-180-010, filed 7/30/84.

Wash. Admin. Code § 136-180-020 Voucher form.

The county road administration board shall prepare and distribute to all counties with approved RAP projects, voucher forms for use in requesting progress payments and final payment for each approved RAP project.

History

Statutory Authority: Chapter 36.79 RCW. WSR 99-01-021, § 136-180-020, filed 12/7/98, effective 1/7/99. Statutory Authority: Chapter 36.78 RCW. WSR 84-16-065 (Order 56), § 136-180-020, filed 7/30/84.

Wash. Admin. Code § 136-180-030 Voucher approval.

The county constructing each RAP project may submit vouchers monthly as the work progresses and shall submit a final voucher after completion of each RAP project for the payment of the RATA share of the project cost. Each voucher shall include total project costs to date, including costs covered by other funding sources. The county shall include with each voucher sufficient documentation to verify costs. Reimbursable costs include all eligible direct costs for the design phase, right-of-way phase in allowed regions, and construction phase. Indirect costs including overhead and support services shared by multiple department's programs or funds such as accounting, payroll, administrative, or human resources salaries and benefits and information technology services for the municipality shall not be reimbursed. The chair of the county road administration board or his/her designee shall approve such vouchers for payment to the county submitting the voucher.

History

Statutory Authority: RCW 36.78.070. WSR 23-23-013, § 136-180-030, filed 11/2/23, effective 12/3/23. Statutory Authority: Chapter 36.78 RCW. WSR 21-22-083, § 136-180-030, filed 11/1/21, effective 12/2/21. Statutory Authority: Chapter 36.79 RCW. WSR 99-01-021, § 136-180-030, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.78.070 and 36.79.060. WSR 96-17-013, § 136-180-030, filed 8/12/96, effective 9/12/96. Statutory Authority: Chapter 36.78 RCW. WSR 84-16-065 (Order 56), § 136-180-030, filed 7/30/84.

Wash. Admin. Code § 136-180-040 Payment of vouchers.

Upon approval of each RAP project voucher by the chair of the county road administration board or his/her designee, it shall be transmitted to the state treasurer.

History

Statutory Authority: Chapter 36.78 RCW. WSR 13-16-105, § 136-180-040, filed 8/7/13, effective 9/7/13. Statutory Authority: Chapter 36.79 RCW. WSR 99-01-021, § 136-180-040, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.78.070 and 36.79.060. WSR 96-17-013, § 136-180-040, filed 8/12/96, effective 9/12/96. Statutory Authority: RCW 36.79.060. WSR 94-10-021, § 136-180-040, filed 4/27/94, effective 5/28/94. Statutory Authority: Chapter 36.78 RCW. WSR 84-16-065 (Order 56), § 136-180-040, filed 7/30/84.

Chapter 136-210 Design standards for rural arterial program projects.

Wash. Admin. Code § 136-210-010 Purpose and authority.

RCW 36.79.060(2) provides that the county road administration board shall adopt reasonably uniform design standards for county rural arterials and collectors that meet the requirements for trucks transporting commodities. This chapter describes how this statutory requirement will be implemented by the county road administration board.

History

Statutory Authority: Chapter 36.79 RCW. WSR 99-01-021, § 136-210-010, filed 12/7/98, effective 1/7/99
WSR 97-24-069, § 136-210-010, filed 12/2/97, effective 1/2/98. Statutory Authority: RCW 36.78.070 and 36.79.060. WSR 96-17-013, § 136-210-010, filed 8/12/96, effective 9/12/96. Statutory Authority: Chapter 36.78 RCW. WSR 84-16-065 (Order 56), § 136-210-010, filed 7/30/84.

Wash. Admin. Code § 136-210-020 Applicable design standards.

Geometric design of all RAP projects including all bridges shall, unless otherwise approved by the CRABoard, be in accordance with the city and county design standards for the construction of urban and rural arterials and collectors as currently adopted.

History

Statutory Authority: Chapter 36.78 RCW. WSR 14-17-035, § 136-210-020, filed 8/13/14, effective 9/13/14. Statutory Authority: Chapter 36.79 RCW. WSR 01-17-104, § 136-210-020, filed 8/21/01, effective 9/21/01. Statutory Authority: RCW 36.78.070 and 36.79.060. WSR 96-17-013, § 136-210-020, filed 8/12/96, effective 9/12/96. Statutory Authority: Chapter 36.78 RCW. WSR 84-16-065 (Order 56), § 136-210-020, filed 7/30/84.

Wash. Admin. Code § 136-210-030 Deviations from design standards.

Deviation from the specified design standards may be requested by the county engineer in responsible charge of the project when circumstances exist which would make application of adopted standards exceedingly difficult. Whenever a deviation request is to be made on a project, it shall be so noted on the project application submitted in accordance with WAC 136-161-050. Request for deviation shall be made to the WSDOT director of local programs.

History

Statutory Authority: Chapter 36.78 RCW. WSR 14-17-035, § 136-210-030, filed 8/13/14, effective 9/13/14. Statutory Authority: Chapter 36.79 RCW. WSR 01-05-009, § 136-210-030, filed 2/8/01, effective 3/11/01
WSR 98-09-070, § 136-210-030, filed 4/20/98, effective 5/21/98. Statutory Authority: RCW 36.78.070 and 36.79.060. WSR 96-17-013, § 136-210-030, filed 8/12/96, effective 9/12/96. Statutory Authority: Chapter 36.78 RCW. WSR 84-16-065 (Order 56), § 136-210-030, filed 7/30/84.

Wash. Admin. Code § 136-210-040 Report of director of local programs.

Whenever the CRABoard meets to approve RAP projects the director of local programs shall provide a written report on his or her action in response to deviation requests, if any, made on individual projects. Failure of the director of local programs to report in response to a deviation request within thirty days of receipt of such request shall be considered as approval.

History

Statutory Authority: Chapter 36.78 RCW. WSR 14-17-035, § 136-210-040, filed 8/13/14, effective 9/13/14. Statutory Authority: Chapter 36.79 RCW. WSR 01-05-009, § 136-210-040, filed 2/8/01, effective 3/11/01. Statutory Authority: RCW 36.78.070 and 36.79.060. WSR 96-17-013, § 136-210-040, filed 8/12/96, effective 9/12/96. Statutory Authority: Chapter 36.78 RCW. WSR 84-16-065 (Order 56), § 136-210-040, filed 7/30/84.

Wash. Admin. Code § 136-210-050 Project approval with deviation.

After having received the report of the director of local programs in response to deviation requests, the CRABoard shall proceed with RAP project approval in accordance with WAC 136-161-050. Proposed projects for which the deviation request has been denied shall not be approved.

History

Statutory Authority: Chapter 36.78 RCW. WSR 14-17-035, § 136-210-050, filed 8/13/14, effective 9/13/14. Statutory Authority: Chapter 36.79 RCW. WSR 01-05-009, § 136-210-050, filed 2/8/01, effective 3/11/01. Statutory Authority: RCW 36.78.070 and 36.79.060. WSR 96-17-013, § 136-210-050, filed 8/12/96, effective 9/12/96. Statutory Authority: Chapter 36.78 RCW. WSR 84-16-065 (Order 56), § 136-210-050, filed 7/30/84.

Chapter 136-300 Administration of the county arterial preservation program.

Wash. Admin. Code § 136-300-010 Purpose and authority.

RCW 46.68.090 (2)(i) provides that the county road administration board shall administer the county arterial preservation program (CAPP) and the county arterial preservation account (CAPA) established by this statute. This chapter describes the manner in which the county road administration board will implement the several provisions of the statute.

History

Statutory Authority: Chapter 36.78 RCW. WSR 13-16-105, § 136-300-010, filed 8/7/13, effective 9/7/13. Statutory Authority: Chapter 36.79 RCW. WSR 99-01-021, § 136-300-010, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.78.070 and 36.79.060. WSR 96-17-013, § 136-300-010, filed 8/12/96, effective 9/12/96. Statutory Authority: RCW 36.78.070 and 1990 c 42. WSR 90-22-082 (Order 81), § 136-300-010, filed 11/6/90, effective 12/7/90.

Wash. Admin. Code § 136-300-020 Adoption of rules.

The county road administration board shall adopt rules in accordance with the provisions of the statute for purposes of administering the CAPP regarding the following:

(1) Distribution of CAPA funds.

(2) Pavement management systems.

(3) Preparation of annual county arterial preservation programs.

(4) Allowable activities for CAPA funding.

(5) Accounting and audit provisions.

(6) Annual CAPP accomplishments report.

History

Statutory Authority: Chapter 36.78 RCW. WSR 14-17-035, § 136-300-020, filed 8/13/14, effective 9/13/14. Statutory Authority: Chapter 36.79 RCW. WSR 99-01-021, § 136-300-020, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.78.070 and 36.79.060. WSR 96-17-013, § 136-300-020, filed 8/12/96, effective 9/12/96. Statutory Authority: RCW 36.78.070 and 1990 c 42. WSR 90-22-082 (Order 81), § 136-300-020, filed 11/6/90, effective 12/7/90.

Wash. Admin. Code § 136-300-030 Delegation of authority.

In order to assure effective and timely administration of the CAPP the county road administration board may, by resolution, delegate specific administrative authorities to its executive director.

History

Statutory Authority: Chapter 36.79 RCW. WSR 99-01-021, § 136-300-030, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.78.070 and 1990 c 42. WSR 90-22-082 (Order 81), § 136-300-030, filed 11/6/90, effective 12/7/90.

Wash. Admin. Code § 136-300-040 Staff services and facilities.

The county road administration board shall arrange for all necessary staff services and facilities necessary for the efficient administration of the county arterial preservation program. The costs of such services and facilities as well as all other lawful expenses of the county road administration board that are attributable to CAPP shall be paid from funds in the county arterial preservation account (CAPA) in the motor vehicle fund.

History

Statutory Authority: Chapter 36.78 RCW. WSR 14-17-035, § 136-300-040, filed 8/13/14, effective 9/13/14. Statutory Authority: Chapter 36.79 RCW. WSR 99-01-021, § 136-300-040, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.78.070 and 1990 c 42. WSR 90-22-082 (Order 81), § 136-300-040, filed 11/6/90, effective 12/7/90.

Wash. Admin. Code § 136-300-050 Distribution of CAPA funds.

(1) Certification of county arterial mileage.

(a) Classification. The statute specifies that expenditure of CAPA funds is restricted to paved arterials in the unincorporated area of each county. Arterials are defined as being those county roads:

(i) In urban areas, classified within the federal functional classification system as arterials or collectors;

(ii) In rural areas, classified within the federal functional classification system as arterials, major collectors, or minor collectors.

(b) Paved roads are defined as those roads which, at the time of CAPA allocation determination, are hard-surfaced through the application of a bituminous surface treatment (BST), asphaltic concrete pavement (ACP), or portland cement concrete (PCC). Brick or block surfaces shall also be considered as paved.

(c) Source of information. The master county road log as maintained by the county road administration board in accordance with chapter 136-60 WAC shall be the source of official paved road mileage to be used for CAPA distribution.

(2) Establishment of allocation percentages. At its first regular meeting after July 1 of each year, the county road administration board shall establish the next calendar year's allocation percentages for the individual counties based on information contained in the most recently certified master county road log. Each county's allocation percentage shall be computed by the county road administration board as its percentage of paved arterial lane miles of the total statewide paved county arterial lane miles.

(3) Notice to counties. Upon their establishment, the county road administration board shall notify the county legislative authority and the county engineer of each county of the respective county's CAPA allocation percentage and the latest estimate of the amount of CAPA funds to be allocated during the next calendar year.

(4) Distribution to counties. Distribution of allocated CAPA funds shall be done monthly by the state treasurer. The state treasurer shall use the allocation percentages provided by the county road administration board as computed under the provisions of subsection (2) of this section.

(5) Eligibility. All arterial preservation work and related activities, and maintenance management done by each county shall be eligible for CAPA funding provided that:

(a) The county is determined to be in compliance with the pavement management system requirements as set forth in chapter 136-70 WAC; and

(b) The county engineer submits the annual county arterial preservation program (CAPP) to CRAB as required in WAC 136-300-060; and

History

Statutory Authority: Chapter 36.78 RCW. WSR 14-17-035, § 136-300-050, filed 8/13/14, effective 9/13/14. Statutory Authority: Chapter 36.79 RCW. WSR 06-11-067, § 136-300-050, filed 5/12/06, effective 6/12/06
WSR 99-01-021, § 136-300-050, filed 12/7/98, effective 1/7/99.

Wash. Admin. Code § 136-300-060 Annual county arterial preservation programs.

Each county engineer shall, in conjunction with the county's annual road construction program as required by RCW 36.81.130 and chapter 136-16 WAC, prepare an annual county arterial preservation program. Appropriate forms will be provided by the county road administration board.

The county's annual arterial preservation program shall consist of a list of all proposed county arterial preservation projects and activities as well as total planned expenditure of CAPA and non-CAPA funds for maintenance management and pavement management for the ensuing year. In order to evaluate the relative ability of CAPA funds to meet the county's total arterial pavement preservation needs, the annual county arterial preservation program shall identify those projects for which CAPA funding is available.

The county engineer shall submit the proposed county arterial preservation program to the county road administration board along with the county's annual road program and budget in accordance with chapter 136-16 WAC.

History

Statutory Authority: Chapter 36.78 RCW. WSR 14-17-035, § 136-300-060, filed 8/13/14, effective 9/13/14. Statutory Authority: Chapter 36.79 RCW. WSR 06-11-067, § 136-300-060, filed 5/12/06, effective 6/12/06
WSR 99-01-021, § 136-300-060, filed 12/7/98, effective 1/7/99.

Wash. Admin. Code § 136-300-070 Allowable activities within CAPP.

For all CAPA-funded projects that involve structural resurfacing, the existing road must meet the following minimum width standards:

Shouldered roadway sections:
Current ADT	Lane width	Shoulder width
0 to 100	9 feet	2 feet
101 to 400	10 feet	2 feet
401 to 4000	10 feet	2 feet
Over 4000	11 feet	4 feet

Curbed roadway sections (minimum lane width):
Current ADT	Two-way undivided	One-way & two-way divided
All	10 feet	9 feet

All roadways built to less than the above standards for which a county proposes to perform structural resurfacing must be widened with other than CAPA funds.

Use of county arterial preservation account funds shall be limited to the following three groups of activities:

(1) Implementation of computerized systems to include:

(a) Acquisition of computer hardware and software that may be necessary to operate a computer-based pavement management and maintenance management systems.

(b) Pavement management system training not otherwise provided by the county road administration board. This can include software usage, pavement condition surveying, and other specialized training directly related to the operation and maintenance of a computer-based pavement management system.

(c) Payment for related services such as data entry, pavement condition surveys, and rental of specialized PMS-related equipment such as road raters.

Acquisition of equipment other than computer hardware as described in (a) of this subsection is not eligible.

(2) Direct and attributable indirect costs associated with paved surface preservation and rehabilitation activities on existing roadways, and maintenance management activities related to all county arterials, including the following:

(a) Nonstructural resurfacing projects. These include thin asphalt concrete overlays (one-inch or less); bituminous seal coats (single and double); slurry seals, sand seals, and fog seals; associated tack coats, paving fabrics, and preleveling; and associated surface grinding and planing.

(b) Structural resurfacing projects. These include thick asphalt concrete overlays (greater than one inch); portland cement concrete overlays; associated tack coats, paving fabrics, and preleveling; associated surface grinding and planing; and hot/cold bituminous road mixes.

(c) Associated activities. These include crack sealing (bituminous and portland cement pavements); full-depth, structural patching done in preparation for structural or nonstructural overlays or seals; portland cement pavement joint reconstruction, undersealing, panel jacking and panel replacement; and other related activities as are directly attributable to nonstructural and structural resurfacing projects.

(d) Maintenance management activities. These include creating maintenance management reports and training in maintenance management per the requirements listed in chapter 136-11 WAC.

(3) Resurfacing work associated with the reconstruction and/or widening of existing paved arterials. This participation is limited as follows:

(a) The present roadway is a paved county arterial as defined by WAC 136-300-050;

(b) The county's approved pavement management system has identified the existing pavement as requiring resurfacing within two years of the expected reconstruction/widening project completion date;

(c) The reconstruction/widening project will bring the roadway to at least the lane and shoulder width standards and non-CAPA funding requirements of this section;

(d) The CAPA participation will be limited to the resurfacing portion of the project as described in this section.

History

Statutory Authority: Chapter 36.78 RCW. WSR 14-17-035, § 136-300-070, filed 8/13/14, effective 9/13/14. Statutory Authority: Chapter 36.79 RCW. WSR 06-11-067, § 136-300-070, filed 5/12/06, effective 6/12/06
WSR 99-01-021, § 136-300-070, filed 12/7/98, effective 1/7/99.

Wash. Admin. Code § 136-300-080 Accounting and audit provisions.

(1) Accounting requirements:

(a) Deposits. Upon receipt of CAPA funds from the state treasurer, each county shall deposit them in a separate BARS revenue account within the county road fund or in a fund separate from the county road fund. The county engineer shall evaluate the capabilities of the county road fund accounting system and select the method of deposit and related accounting.

(b) Expenditures. Expenditures of these funds shall be solely for CAPA-eligible work and must be separately identified within each county's road fund expenditure reporting system.

(2) Audit provisions. CAPA audits may be conducted by the state auditor's office and will normally be conducted in conjunction with the audits required by RCW 43.09.260 and 36.80.080. Special audits of specific CAPP activities or projects may be accomplished at the request of the county road administration board. The costs of such special audits shall be the responsibility of the county road administration board.

(3) Scope of audits. The audit of any CAPP project or activity shall include, but not be limited to, the review of the county's compliance with:

(a) The provisions of the enabling legislation; and

(b) The rules in Title 136 WAC regarding implementation and administration, with detailed review of the application of CAPA funds and the various reporting requirements. The audit shall also include a review of the financial accounting and reporting of all CAPA funds.

(4) Noncompliance, questioned costs, and post-audit penalty. If the audit of a CAPP activity or project reveals any area of noncompliance and/or questioned costs, then such exceptions shall be subject to comment by the examiner within the audit report. In the event an exception has been noted within the audit report, it shall be the duty of the county road administration board to evaluate the noted discrepancy. Discrepancies may be cause for the county road administration board to order the payback of any CAPA funds that have been expended on ineligible activities and/or withdrawal or denial of the certificate of good practice of the county in question as provided in chapter 136-04 WAC.

History

Statutory Authority: Chapter 36.79 RCW. WSR 99-01-021, § 136-300-080, filed 12/7/98, effective 1/7/99.

Wash. Admin. Code § 136-300-090 Submittal of annual report.

The county road administration board shall prepare and distribute to all counties standard reporting forms for use by the county engineer to annually summarize the pavement preservation and maintenance management activities, both CAPA and non-CAPA funded, in his or her county. For all CAPA-funded work, the report will require a specific listing of roads improved including a definition of scope of work and the amount of CAPA funds expended, as well as a listing of the county's share of CAPA funds used for maintenance management and pavement management.

At any time prior to April 1st of the year following, the county engineer shall, in conjunction with the annual construction report required by WAC 136-16-050 submit an annual summary of pavement preservation activities on the entire paved collector and arterial road system. This report shall be on the approved forms or in an equivalent format.

History

Statutory Authority: Chapter 36.78 RCW. WSR 14-17-035, § 136-300-090, filed 8/13/14, effective 9/13/14. Statutory Authority: Chapter 36.79 RCW. WSR 06-11-067, § 136-300-090, filed 5/12/06, effective 6/12/06
WSR 99-01-021, § 136-300-090, filed 12/7/98, effective 1/7/99.

Chapter 136-400 Administration of the county ferry capital improvement program.

Wash. Admin. Code § 136-400-010 Purpose and authority.

RCW 47.56.725(4) provides that the county road administration board may evaluate requests for county ferry capital improvement funds by Pierce, Skagit, Wahkiakum, and Whatcom counties, and, if approved by the board, submit said requests to the legislature for funding. This chapter describes the manner in which the county road administration board will implement the provisions of the act.

History

Statutory Authority: Chapter 36.79 RCW. WSR 08-10-026, § 136-400-010, filed 4/28/08, effective 5/29/08
WSR 99-01-021, § 136-400-010, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.78.070 and 36.79.060. WSR 96-17-013, § 136-400-010, filed 8/12/96, effective 9/12/96. Statutory Authority: 1991 c 310 § 1(4). WSR 91-21-138 (Order 85), § 136-400-010, filed 10/23/91, effective 11/23/91.

Wash. Admin. Code § 136-400-020 County and project eligibility.

(1) Counties eligible to apply for county ferry capital improvement funds are Pierce, Skagit, Wahkiakum, and Whatcom.

(2) For the project to be eligible it must be included in both the county's six-year transportation program and its ferry system 14-year long range capital improvement plan as described in WAC 136-400-040.

(3) Any county holding an approved and executed county ferry capital improvement program contract is ineligible to submit a project funding application for additional ferry capital improvement funds until the existing contract is fully performed or has been mutually terminated.

(4) Once a county has received funding for vessel replacement under this program, the county is no longer eligible for future replacement of that vessel as referenced in WAC 136-400-030(1). A county will remain eligible for project types referenced in WAC 136-400-030 (2), (3), (4) and (5).

History

Statutory Authority: RCW 36.78.07[0] and 47.56.725(4). WSR 22-22-074, § 136-400-020, filed 10/31/22, effective 12/1/22. Statutory Authority: Chapter 36.79 RCW. WSR 08-10-026, § 136-400-020, filed 4/28/08, effective 5/29/08. Statutory Authority: 1991 c 310 § 1(4). WSR 91-21-138 (Order 85), § 136-400-020, filed 10/23/91, effective 11/23/91.

Wash. Admin. Code § 136-400-030 Definition of ferry capital improvement projects.

County ferry capital improvement projects shall include the following:

(1) Purchase of a new vessel which replaces an existing vessel;

(2) Major vessel refurbishment (e.g., engines, structural steel, controls) that substantially extends the life of the vessel;

(3) Facility refurbishment/replacement (e.g., complete replacement, major rebuilding or redecking of a dock) that substantially extends the life of the facility;

(4) Installation of items that substantially improve ferry facilities or operations; and/or

(5) Construction of infrastructure that provides new or additional access or increases the capacity of terminal facilities.

History

Statutory Authority: RCW 36.78.07[0] and 47.56.725(4). WSR 22-22-074, § 136-400-030, filed 10/31/22, effective 12/1/22. Statutory Authority: Chapter 36.79 RCW. WSR 08-10-026, § 136-400-030, filed 4/28/08, effective 5/29/08. Statutory Authority: 1991 c 310 § 1(4). WSR 91-21-138 (Order 85), § 136-400-030, filed 10/23/91, effective 11/23/91.

Wash. Admin. Code § 136-400-040 Six-year transportation program and ferry system fourteen-year plan submittal.

(1) Each county's six-year transportation program and ferry system fourteen-year long range capital improvement plan shall be prepared and adopted in accordance with RCW 36.81.121 and 36.54.015, respectively, and one copy shall be forwarded to the county road administration board no later than December 31 of each year.

(2) Any proposed county ferry capital improvement project must be included in both the county's six-year transportation program and ferry system fourteen-year capital improvement plan and must remain on both during all of the phases of the project including:

(a) At the time a county requests a call for projects;

(b) At the time the county submits a project funding application; and

(3) The county ferry capital improvement project cost estimates that are included in the county's six-year transportation programs and ferry system fourteen-year plans shall be considered preliminary and are not binding on actual county ferry capital improvement project applications.

History

Statutory Authority: Chapter 36.79 RCW. WSR 08-10-026, § 136-400-040, filed 4/28/08, effective 5/29/08
WSR 99-01-021, § 136-400-040, filed 12/7/98, effective 1/7/99. Statutory Authority: 1991 c 310 § 1(4). WSR 91-21-138 (Order 85), § 136-400-040, filed 10/23/91, effective 11/23/91.

Wash. Admin. Code § 136-400-045 Call for projects.

Beginning at the 2009 regular spring county road administration board meeting, and continuing once every four years thereafter, one or more of the WAC 136-400-010 named counties are invited to attend said meeting and request the county road administration board issue a call for projects. Based on the information provided by the counties and no later than the regular summer meeting the same year, the county road administration board, and at their sole discretion, may issue a call for projects and may include in the call additional or clarifying terms consistent with all other rules governing the county ferry capital improvement program.

History

Statutory Authority: Chapter 36.79 RCW. WSR 08-10-026, § 136-400-045, filed 4/28/08, effective 5/29/08.

Wash. Admin. Code § 136-400-050 Project application.

Upon a call for projects by the county road administration board, each application by a county for county ferry capital improvement funds shall be made no later than December 31st of the same year.

Project applications shall be submitted on application forms supplied by the county road administration board and shall include the following information:

(1) Project description and scope;

(2) Engineering drawings accurately describing the complete project;

(3) Engineering analysis and cost estimate;

(4) Evidence the applicant first sought funding through the public works board assistance account or any other available revenue source; and

(5) Comprehensive project financial plan including match funding amounts and sources as required by WAC 136-400-065 and amortization and cash flow schedules.

History

Statutory Authority: RCW 36.78.070. WSR 23-23-013, § 136-400-050, filed 11/2/23, effective 12/3/23. Statutory Authority: Chapter 36.79 RCW. WSR 08-10-026, § 136-400-050, filed 4/28/08, effective 5/29/08
WSR 99-01-021, § 136-400-050, filed 12/7/98, effective 1/7/99. Statutory Authority: 1991 c 310 § 1(4). WSR 91-21-138 (Order 85), § 136-400-050, filed 10/23/91, effective 11/23/91.

Wash. Admin. Code § 136-400-060 Technical review committee.

(1) A technical review committee shall be created to review project applications for county ferry capital improvement funds and present recommendations to the county road administration board for approval, denial or further action on the applications.

(2) The committee shall be composed of the following members or their designees:

(a) Executive director of the county road administration board;

(b) Washington state department of transportation highways and local programs director;

(d) One public works department representative from each of the WAC 136-400-010 named counties, each of whom shall serve as an ex officio, nonvoting member of the technical review committee.

(3) The technical review committee shall ensure that the project applications:

(a) Meet the applicable statutes and the standards of this chapter;

(b) Adhere to commonly held engineering practices and cost effectiveness; and

(c) Are complete and meet the project application requirements listed in WAC 136-400-050, including evidence the applicant first sought funding through the public works board assistance account, or other available revenue source.

(4) The technical review committee shall also develop a written report on each project application. The written report will include the following elements:

(a) A project summary;

(b) A committee evaluation; and

(c) A committee recommendation based upon WAC 136-400-065 guidance and including any additional or clarifying terms established by the county road administration board's call for projects.

(5) The technical review committee's written report on each project application shall be submitted to the county road administration board no later than 30 days prior to the next regularly scheduled spring meeting after the project application deadline.

(6) Technical review committee meetings shall be convened on an "as needed" basis by the executive director of the county road administration board, who shall serve as chairperson.

History

Statutory Authority: RCW 36.78.070. WSR 23-23-013, § 136-400-060, filed 11/2/23, effective 12/3/23. Statutory Authority: Chapter 36.79 RCW. WSR 08-10-026, § 136-400-060, filed 4/28/08, effective 5/29/08
WSR 99-01-021, § 136-400-060, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.78.070 and 36.79.060. WSR 96-17-013, § 136-400-060, filed 8/12/96, effective 9/12/96. Statutory Authority: 1991 c 310 § 1(4). WSR 91-21-138 (Order 85), § 136-400-060, filed 10/23/91, effective 11/23/91.

Wash. Admin. Code § 136-400-065 Project financing.

(1) The maximum contribution by the county ferry capital improvement program is ten million dollars for any one project and five hundred thousand dollars total annual reimbursement to one county.

(2) Depending on whether a county applicant has formed a ferry district pursuant to RCW 36.54.110 and generated revenue to finance the project, project cost sharing for each applicant shall be as follows:

(a) If ferry district revenues finance greater than thirty percent of the proposed project costs, the ferry capital improvement program may contribute up to the remaining project cost, subject to the maximum described in subsection (1) of this section;

(b) If ferry district revenues finance greater than five percent but less than or equal to thirty percent of the proposed project costs, the ferry capital improvement program may contribute up to fifty percent of the project cost, subject to the maximum described in subsection (1) of this section;

(c) If ferry district revenues finance less than or equal to five percent of the project costs, or the county has not formed a ferry district, the ferry capital improvement program may contribute up to thirty percent of the project cost, subject to the maximum described in subsection (1) of this section.

History

Statutory Authority: Chapter 36.79 RCW. WSR 08-10-026, § 136-400-065, filed 4/28/08, effective 5/29/08.

Wash. Admin. Code § 136-400-070 County road administration board action.

(1) The county road administration board shall review project applications, along with the reports of the technical review committee, at its next regular spring meeting following the project application deadline.

(2) At that time, the county road administration board may approve, deny or return the application to the technical review committee for further review.

(3) If the county road administration board returns the application to the technical review committee, the board may develop supplemental questions and criteria for the technical review committee to address.

(4) Final action by the county road administration board on project applications must occur no later than at the next regularly scheduled summer meeting following project application deadline.

History

Statutory Authority: Chapter 36.79 RCW. WSR 08-10-026, § 136-400-070, filed 4/28/08, effective 5/29/08
WSR 99-01-021, § 136-400-070, filed 12/7/98, effective 1/7/99. Statutory Authority: 1991 c 310 § 1(4). WSR 91-21-138 (Order 85), § 136-400-070, filed 10/23/91, effective 11/23/91.

Wash. Admin. Code § 136-400-080 Funding by the legislature.

County ferry capital improvement project requests approved by the county road administration board shall be submitted to the legislature for funding out of amounts available under RCW 46.68.090 (2)(h) as part of the biennial or supplemental budget request of the county road administration board.

The county road administration board shall, within 10 days of the signing of the transportation budget, notify each county having an approved project of such approval and of the amount of county ferry capital improvement funding appropriated to each approved project. The county road administration board shall offer each county a contract for each approved project setting forth the terms and conditions under which funds will be provided.

History

Statutory Authority: RCW 36.78.07[0] and 47.56.725(4). WSR 22-22-074, § 136-400-080, filed 10/31/22, effective 12/1/22. Statutory Authority: Chapter 36.79 RCW. WSR 08-10-026, § 136-400-080, filed 4/28/08, effective 5/29/08
WSR 99-01-021, § 136-400-080, filed 12/7/98, effective 1/7/99. Statutory Authority: 1991 c 310 § 1(4). WSR 91-21-138 (Order 85), § 136-400-080, filed 10/23/91, effective 11/23/91.

Wash. Admin. Code § 136-400-090 Limitation on use of county ferry capital improvement funds.

County ferry capital improvement funds may be used for project design, construction, and right of way costs incurred after legislative approval.

History

Statutory Authority: Chapter 36.79 RCW. WSR 08-10-026, § 136-400-090, filed 4/28/08, effective 5/29/08
WSR 99-01-021, § 136-400-090, filed 12/7/98, effective 1/7/99. Statutory Authority: 1991 c 310 § 1(4). WSR 91-21-138 (Order 85), § 136-400-090, filed 10/23/91, effective 11/23/91.

Wash. Admin. Code § 136-400-100 Terms of county road administration board/county contract.

The county road administration board/county contract shall include, but not be limited to, the following provisions:

(1) Such contract must be signed and returned to the county road administration board within forty-five days of its mailing by the county road administration board.

(2) The project will be constructed in accordance with:

(a) The information furnished to the county road administration board; and

(b) The plans and specifications prepared under the supervision of the county engineer.

(3) The county will notify the county road administration board when a contract has been awarded, when construction has started, and when the project has been completed.

(4) The county road administration board will reimburse counties based on progress vouchers received and approved on individual projects, subject to the availability of county ferry capital improvement funds appropriated by the legislature.

(5) The county will reimburse the county road administration board in the event that a project post audit reveals ineligible expenditure of county ferry capital improvement funds. Said funds will be returned to the county fuel tax account for distribution in accordance with RCW 46.68.120.

History

Statutory Authority: Chapter 36.79 RCW. WSR 08-10-026, § 136-400-100, filed 4/28/08, effective 5/29/08
WSR 99-01-021, § 136-400-100, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.78.070 and 36.79.060. WSR 96-17-013, § 136-400-100, filed 8/12/96, effective 9/12/96. Statutory Authority: 1991 c 310 § 1(4). WSR 91-21-138 (Order 85), § 136-400-100, filed 10/23/91, effective 11/23/91.

Wash. Admin. Code § 136-400-110 Voucher approval and payment.

The county road administration board shall prepare and distribute to all counties with approved county ferry capital improvement projects, voucher forms for use in requesting annual payments for each approved county ferry capital improvement project.

The county road administration board shall approve such vouchers for payment to the county submitting the voucher. County ferry capital improvement fund warrants shall be transmitted directly to each county submitting a voucher. In the event that project funds remain unspent after the final project payment has been made, the unspent balance will be returned to the county-wide fuel tax account for distribution in accordance with RCW 46.68.120.

History

Statutory Authority: Chapter 36.79 RCW. WSR 08-10-026, § 136-400-110, filed 4/28/08, effective 5/29/08
WSR 99-01-021, § 136-400-110, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.78.070 and 36.79.060. WSR 96-17-013, § 136-400-110, filed 8/12/96, effective 9/12/96. Statutory Authority: 1991 c 310 § 1(4). WSR 91-21-138 (Order 85), § 136-400-110, filed 10/23/91, effective 11/23/91.

Wash. Admin. Code § 136-400-120 Audit requirements.

Audits of county ferry capital improvement projects may be conducted by the state auditor's office and will normally be conducted in conjunction with the county audits required by RCW 43.09.260 and 36.80.080. Special audits of specific county ferry capital improvement projects not required by these statutes may be accomplished at the request, and at the expense, of the county road administration board.

An audit of any county ferry capital improvement project shall include, but not be limited to, a review of the county's compliance with the provisions of the statute and these rules. The audit shall also include a review of the financial accounting and reporting of those funds associated with and received for the county ferry capital improvement project.

In the event that an exception is noted in the audit report, the county road administration board shall evaluate the noted discrepancy. Discrepancies may be cause for the county road administration board to order the payback of improperly expended county ferry capital improvement funds as provided in the county road administration board/county contract. Any such funds returned by a county to the county road administration board shall be returned to the county fuel tax account for distribution in accordance with RCW 46.68.120.

History

Statutory Authority: Chapter 36.79 RCW. WSR 08-10-026, § 136-400-120, filed 4/28/08, effective 5/29/08
WSR 99-01-021, § 136-400-120, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.78.070 and 36.79.060. WSR 96-17-013, § 136-400-120, filed 8/12/96, effective 9/12/96. Statutory Authority: 1991 c 310 § 1(4). WSR 91-21-138 (Order 85), § 136-400-120, filed 10/23/91, effective 11/23/91.

Wash. Admin. Code § 136-400-130 Delegation of authority.

In order to ensure effective and timely administration of the county ferry capital improvement program, the county road administration board or its executive director may delegate, in writing, its authority under this chapter.

History

Statutory Authority: Chapter 36.79 RCW. WSR 99-01-021, § 136-400-130, filed 12/7/98, effective 1/7/99. Statutory Authority: 1991 c 310 § 1(4). WSR 91-21-138 (Order 85), § 136-400-130, filed 10/23/91, effective 11/23/91.

Chapter 136-500 Emergency loan program (ELP).

Wash. Admin. Code § 136-500-010 Purpose and authority.

RCW 36.78.070 provides that the county road administration board shall administer the emergency revolving loan program established by chapter 36.78 RCW. This chapter describes the manner in which the county road administration board will administer the provisions of the emergency revolving loan program.

History

Statutory Authority: Chapter 36.78 RCW. WSR 20-04-076, § 136-500-010, filed 2/4/20, effective 3/6/20.

Wash. Admin. Code § 136-500-020 Definitions.

For this chapter, the following definitions shall apply:

(1) Board - County road administration board as defined in chapter 36.78 RCW.

(2) CRAB - County road administration board.

(3) DDIR - Detailed damage inspection report used by the Federal Highway Administration as an application for emergency funding under their programs.

(4) LGIP - Local government investment pool under the administration of the state treasurer.

(5) Permanent - Work that restores or improves a county road for the long-term use by the traveling public.

(6) Temporary - Work that restores a county road for the short-term use by the traveling public. Temporary work typically results in restricted use and signing of deficiencies for the safety of the traveling public.

History

Statutory Authority: Chapter 36.78 RCW. WSR 20-04-076, § 136-500-020, filed 2/4/20, effective 3/6/20.

Wash. Admin. Code § 136-500-030 Eligible work.

Eligible work under this chapter is work of either a temporary or a permanent nature. Permanent work must restore the roadway to the predisaster condition and may include necessary improvements to bring the damaged roadway to current design standards. This work must be the result of a natural or man-made event that results in the closure or substantial restriction of use of the roadway by the traveling public. Work of an emergency nature is beyond the scope of work done by a county in repairing damage normally or reasonably expected from seasonal or other natural conditions.

This program may fund eligible work on any classification of road under the county's jurisdiction.

History

Statutory Authority: Chapter 36.78 RCW. WSR 20-04-076, § 136-500-030, filed 2/4/20, effective 3/6/20.

Wash. Admin. Code § 136-500-040 County eligibility.

Any county who is eligible to participate in the rural arterial program, has a current certificate of good practice and a total population under 800,000 as of April 1, 2019, is eligible to participate in this program.

History

Statutory Authority: Chapter 36.78 RCW. WSR 20-04-076, § 136-500-040, filed 2/4/20, effective 3/6/20.

Wash. Admin. Code § 136-500-050 Project type and submittal.

(1) There are two project types eligible for funding under this program:

(a) Site specific - Single location.

(b) County wide - Multiple sites within a single county.

(2) To request a loan through this program, the county shall submit the following:

(a) A copy of the adopted emergency declaration; and

(b) A brief description of the project site(s) requested for funding; and

(d) Pictures of the damaged area(s); or

(e) A DDIR for each site may be submitted in lieu of requirements (a) through (d) of this subsection.

History

Statutory Authority: Chapter 36.78 RCW. WSR 20-04-076, § 136-500-050, filed 2/4/20, effective 3/6/20.

Wash. Admin. Code § 136-500-060 Funding limits.

Project funding is limited to two million dollars or fifty percent of available fund balance, whichever value is less. If a county desires funding above these limits, the county's legislative authority may request additional funding at the next regularly scheduled board meeting.

History

Statutory Authority: Chapter 36.78 RCW. WSR 20-04-076, § 136-500-060, filed 2/4/20, effective 3/6/20.

Wash. Admin. Code § 136-500-070 Prioritization.

If CRAB receives multiple loan requests resulting from a single regional event, funding shall be prioritized. Prioritization will be made by averaging the county rankings for the following criteria:

(1) RCW 46.68.124(2) - Annual road costs. Counties ranked from lowest road cost factor to highest.

(2) RCW 46.68.124(3) - Money needs. Counties ranked from lowest money needs factor to highest.

The lower the average county ranking, the higher priority that county is for funding during a regional event.

History

Statutory Authority: Chapter 36.78 RCW. WSR 20-04-076, § 136-500-070, filed 2/4/20, effective 3/6/20.

Wash. Admin. Code § 136-500-080 Payback terms.

Any loan funded through this program shall have a term not to exceed twenty-four months. The county will be invoiced six months from the date of contract execution and quarterly thereafter until the end of the contract term. If a county desires a longer payback term, the county's legislative authority may request a revised payback term at the next regularly scheduled board meeting.

Simple interest on the amount of the loan shall be the monthly rate of return for the LGIP not to exceed three percent.

If a county pays the county road administration board the principle amount of the loan within six months of the date of contract execution, no interest will be charged and the contract will be closed. Should a county not pay the loan in full within six months of the date of contract execution, interest will be calculated from the date of contract execution to the date of final payment. A county may pay off any loan received through this program before the end of the term to reduce the amount of interest owed.

History

Statutory Authority: Chapter 36.78 RCW. WSR 21-05-012, § 136-500-080, filed 2/5/21, effective 3/8/21
WSR 20-04-076, § 136-500-080, filed 2/4/20, effective 3/6/20.

Wash. Admin. Code § 136-500-090 Execution of CRAB/county contract.

The executive director of CRAB is authorized to execute a contract with any eligible county under this program with a not to exceed amount of two million dollars or fifty percent of available fund balance, whichever value is less. A county may request additional funding through this program at the next regularly scheduled board meeting.

Upon execution of a contract under this chapter, the executive director will advise board members of the contract details including county, number of project(s) and the loan amount.

History

Statutory Authority: Chapter 36.78 RCW. WSR 20-04-076, § 136-500-090, filed 2/4/20, effective 3/6/20.

Wash. Admin. Code § 136-500-100 Failure to meet requirements of this chapter or terms of the contract.

Should a county fail to meet the requirements of this chapter or the terms of the contract, the matter will be before the board at their next regularly scheduled meeting. The county will be requested to be present for said meeting to provide an explanation for failing to meet the requirements of this chapter or terms of the contract. At said meeting, the board may take any action it deems necessary to ensure prompt compliance of the requirements of this chapter and the terms of the contract.

History

Statutory Authority: Chapter 36.78 RCW. WSR 20-04-076, § 136-500-100, filed 2/4/20, effective 3/6/20.

Wash. Admin. Code § 136-500-110 Report to legislature.

Consistent with RCW 43.01.036, the board must submit a report to the legislature by December 1st of each even-numbered year identifying each project that received money from the CRAB emergency loan account, the amount of the loan, the expected repayment terms of the loan, the expected date of repayment, and the loan repayment status. Each project should be reported about until the loan is repaid.

History

Statutory Authority: Chapter 36.78 RCW. WSR 20-04-076, § 136-500-110, filed 2/4/20, effective 3/6/20.

Chapter 136-600 Equipment rental and revolving fund.

Wash. Admin. Code § 136-600-010 Purpose and authority.

The laws of the state of Washington make detailed provision in chapter 36.33A RCW for the use of an equipment rental and revolving fund for all county road equipment, materials, and supplies. Chapter 36.33A RCW also specifies that the county road administration board has the ability to directly inquire into the process of setting rental rates while performing its statutory oversight responsibility.

History

Statutory Authority: Chapters 36.78 and 36.33A RCW. WSR 22-05-017, § 136-600-010, filed 2/4/22, effective 3/7/22.

Wash. Admin. Code § 136-600-020 Definitions.

For this chapter, the following definitions shall apply:

(1) Board - County road administration board as defined in chapter 36.78 RCW.

(2) County vehicle ferry - A ferry boat owned by the county for the purpose of carrying vehicles but may also carry walk-on passengers.

(3) CRAB - County road administration board.

(4) Equity - The amount of money that would be returned to a department should they withdraw from the county's ER&R fund.

(5) ER&R - Equipment rental and revolving fund as specified in chapter 36.33A RCW.

(6) MVFT - Motor vehicle fuel tax as defined in chapter 46.68 RCW.

History

Statutory Authority: Chapters 36.78 and 36.33A RCW. WSR 22-05-017, § 136-600-020, filed 2/4/22, effective 3/7/22.

Wash. Admin. Code § 136-600-030 Applicability.

This chapter is only applicable to that equipment, materials, and supplies within ER&R that are associated with the county road department. Any other county department participating in a county's ER&R program is excluded from the requirements of this chapter.

History

Statutory Authority: Chapters 36.78 and 36.33A RCW. WSR 22-05-017, § 136-600-030, filed 2/4/22, effective 3/7/22.

Wash. Admin. Code § 136-600-040 Protection of county road funds within ER&R fund.

Only county road departments are required by chapter 36.33A RCW to utilize an ER&R fund. However, a county's legislative authority may choose to allow or require other county departments and offices to participate in the ER&R program. If noncounty road entities participate in the ER&R program, the county must have a system in place to ensure the following:

(1) Identify the equity each department and office has within the ER&R fund balance and ensure one fund does not benefit at the expense of another;

(2) Distribute the direct and indirect cost of maintaining and operating facilities specific for ER&R equipment equitably among the participants;

(3) Distribute the direct and indirect cost of maintaining and operating facilities specific for ER&R material and supplies equitably among the participants;

(4) Distribute the direct and indirect cost of administering the ER&R program equitably among the participants.

History

Statutory Authority: Chapters 36.78 and 36.33A RCW. WSR 22-05-017, § 136-600-040, filed 2/4/22, effective 3/7/22.

Wash. Admin. Code § 136-600-050 Equipment rental rates.

Rental rates of equipment shall be reviewed annually, or every two years for counties that budget on a biennial basis, by the county's legislative authority. Rental rates must include, but are not limited to, the following:

(1) Estimated service life in years and service life remaining;

(2) Replacement cost;

(3) Salvage value;

(4) Estimated operating and maintenance cost;

(5) Direct and indirect cost of maintaining and operating facilities specific for ER&R equipment;

(6) ER&R program administration.

ER&R rates for equipment shall be determined by the county engineer or other appointee of the county legislative body. However, if the rates are set by an appointee other than the county engineer, the county engineer shall review the proposed rates and certify to the legislative body that the proposed rates are an appropriate use of county road funds as required by RCW 36.80.030 prior to adoption of the proposed rates by the legislative authority.

The resolution by the legislative authority adopting the rental rates must include reference to the fact that the rental rates for county road equipment have been reviewed by the county engineer and certified as an appropriate use of county road funds as required by RCW 36.80.030.

History

Statutory Authority: Chapters 36.78 and 36.33A RCW. WSR 22-05-017, § 136-600-050, filed 2/4/22, effective 3/7/22.

Wash. Admin. Code § 136-600-060 Materials and supplies rates.

Rates for the sale of any material or supplies which have been administered, purchased, maintained, or manufactured with ER&R funds for the use of the county road department must include, but are not limited to, the following:

(1) Cost of purchasing, storing, and distributing the material or supplies;

(2) Direct and indirect cost of maintaining and operating facilities specific for ER&R material and supplies;

(3) ER&R program administration.

ER&R rates for material and supplies shall be determined by the county engineer or other appointee of the county legislative body. However, if the rates are set by an appointee other than the county engineer, the county engineer shall review the proposed rates and certify to the legislative body that the proposed rates are an appropriate use of county road funds as required by RCW 36.80.030.

History

Statutory Authority: Chapters 36.78 and 36.33A RCW. WSR 22-05-017, § 136-600-060, filed 2/4/22, effective 3/7/22.

Wash. Admin. Code § 136-600-070 Submittals.

Each county engineer shall submit the following documents to CRAB no later than April 1st of each year:

(1) Adopted county road rental rates as of January 1st of that year;

(2) The resolution of the legislative authority adopting said rates;

(3) ER&R management policy.

History

Statutory Authority: Chapters 36.78 and 36.33A RCW. WSR 22-05-017, § 136-600-070, filed 2/4/22, effective 3/7/22.

Chapter 136-700 Administration of the local road program.

Wash. Admin. Code § 136-700-010 Purpose and authority.

RCW 36.170.010 provides for a county local road program (LRP) to be established and that the county road administration board shall adopt rules necessary to implement said program. This chapter describes the manner in which the county road administration board will implement the provisions of chapter 36.170 RCW.

History

Statutory Authority: RCW 36.78.070 and 36.170.010. WSR 26-08-028, s 136-700-010, filed 3/23/26, effective 4/23/26.

Wash. Admin. Code § 136-700-020 Adoption of rules.

The county road administration board shall adopt rules in accordance with the provisions of statute, chapter 36.170 RCW, for purposes of administering the LRP regarding the following:

(1) Eligibility to receive funds.

(2) Functional classification.

(3) LRP projects in the six-year program.

(4) Considerations at submittal.

(5) Statewide prioritization of LRP projects.

(6) Design standards for LRP projects.

(7) Apportionment of funds to LRP projects.

(8) Allocation of funds to approved LRP projects.

(9) Matching requirements.

(10) Delegation of authority.

(11) CRAB/county contract.

(12) Processing of vouchers.

(13) Audit responsibilities.

(14) Reports to the legislature.

(15) Other matters deemed necessary by the county road administration board.

History

Statutory Authority: RCW 36.78.070 and 36.170.010. WSR 26-08-028, s 136-700-020, filed 3/23/26, effective 4/23/26.

Wash. Admin. Code § 136-700-030 Eligibility to receive funds.

(1) Only those counties that, during the preceding 12 months, have spent all revenues collected for road purposes only, for such purposes, RCW 36.82.070, and including traffic law enforcement as allowed under Article II, section 40 of the state Constitution, are eligible to receive funds from the county local road program, except that:

(a) Counties with a population of less than 8,000 are exempt from this eligibility restriction;

(b) Counties expending revenues collected for road purposes only on other governmental services after authorization from the voters of that county under RCW 84.55.050 are exempt from this eligibility restriction; and

(2) The board shall authorize county local road grant program funds for the construction project portion of a project previously authorized for a preliminary proposal in the sequence in which the preliminary proposal has been completed and the construction project is to be placed under contract. At such time the board may reserve funds for expenditure in future years as may be necessary for completion of preliminary proposals and construction projects to be commenced in the ensuing biennium.

(3) Subject to the availability of amounts appropriated for this specific purpose, the board may consider additional projects for authorization under this chapter upon a clear and conclusive showing by the submitting county that the proposed project is of an emergent nature and that its need was unable to be anticipated at the time the six-year plan of the county was developed. The proposed projects must be evaluated on the basis of the priority rating factors specified in RCW 36.170.030.

History

Statutory Authority: RCW 36.78.070 and 36.170.010. WSR 26-08-028, s 136-700-030, filed 3/23/26, effective 4/23/26.

Wash. Admin. Code § 136-700-040 Functional classification.

(1) The statute specifies that eligible projects must be roads not federally classified as an arterial or collector.

(2) Each LRP project application submitted shall show the functional classification of the road or roads included in the project. Prior to project approval, the board shall verify that the road on which the LRP project is requested, is not federally classified as an arterial or collector.

History

Statutory Authority: RCW 36.78.070 and 36.170.010. WSR 26-08-028, s 136-700-040, filed 3/23/26, effective 4/23/26.

Wash. Admin. Code § 136-700-050 LRP projects in the six-year program.

Proposed projects must be included in the respective county's six-year plan as provided in RCW 36.81.121 before board approval of the project.

History

Statutory Authority: RCW 36.78.070 and 36.170.010. WSR 26-08-028, s 136-700-050, filed 3/23/26, effective 4/23/26.

Wash. Admin. Code § 136-700-060 Delegation of authority.

In order to assure effective and timely administration of the LRP, the county road administration board may delegate authority in specific matters to its executive director. Delegation may be relative to signing of contracts, approval of LRP project vouchers, approval of change of scope of a project and other matters as may be determined by the county road administration board.

History

Statutory Authority: RCW 36.78.070 and 36.170.010. WSR 26-08-028, s 136-700-060, filed 3/23/26, effective 4/23/26.

Wash. Admin. Code § 136-700-070 Reports to the legislature.

The board shall include a program status report in the board's annual report to the legislature as provided in RCW 36.78.070.

History

Statutory Authority: RCW 36.78.070 and 36.170.010. WSR 26-08-028, s 136-700-070, filed 3/23/26, effective 4/23/26.

Chapter 136-710 Local roads program—Project types and design standards.

Wash. Admin. Code § 136-710-010 Purpose and authority.

Chapter 36.170 RCW sets forth the criteria that will be used in determining the priority of specific improvement projects. This chapter describes how each LRP project type will rate and be prioritized statewide by project type.

History

Statutory Authority: RCW 36.78.070 and 36.170.010. WSR 26-08-028, s 136-710-010, filed 3/23/26, effective 4/23/26.

Wash. Admin. Code § 136-710-020 Priorities by project type.

The county road administration board has determined that the interests of the counties will be best served by encouraging development of distinct project priority rating systems for each project type.

There shall be six project types eligible for LRP funding, with each having separate rating systems for project ranking and selection.

The following project types are allowed under the county local road program created in this chapter:

(1) 2-R as defined in the LAG manual;

(2) 3-R as defined in the LAG manual;

(3) Reconstruction as defined in the LAG manual;

(4) Replacement of any bridge on the national bridge inventory;

(5) Removal of human-made or caused impediments to anadromous fish passage; and

(6) Pedestrian facilities.

In consultation with the counties, the executive director shall approve the various forms and procedures necessary to rank, select, and allocate available LRP funding.

History

Statutory Authority: RCW 36.78.070 and 36.170.010. WSR 26-08-028, s 136-710-020, filed 3/23/26, effective 4/23/26.

Wash. Admin. Code § 136-710-030 Considerations at submittal.

(1) Through the application process the applicant shall identify the considerations used while submitting the project. At a minimum, the applicant shall consider the following priority rating factors:

(a) Investment in overburdened communities;

(b) Environmental health disparities as identified in the environmental health disparities map specified in RCW 43.70.815;

(d) Sustaining the structural, safety, and operational integrity of the road;

(e) Vehicle and pedestrian collision experience;

(f) Access improvements to a community facility; and

(g) Identified need in a state, regional, county, or community plan.

(2) Through the ranking and selection process, the ranking calculation must take into account points for satisfying the considerations listed.

History

Statutory Authority: RCW 36.78.070 and 36.170.010. WSR 26-08-028, s 136-710-030, filed 3/23/26, effective 4/23/26.

Wash. Admin. Code § 136-710-040 Reallocation of LRP funds between project types.

In the event that no projects or an insufficient number of projects are submitted in any project type to utilize the LRP funds set aside for the project type, all remaining funds shall be divided among the remaining project types as the county road administration board deems appropriate. The intent is to divide all available funds into project types having a sufficient number of submitted projects to fully utilize the funds available during the funding cycle.

History

Statutory Authority: RCW 36.78.070 and 36.170.010. WSR 26-08-028, s 136-710-040, filed 3/23/26, effective 4/23/26.

Wash. Admin. Code § 136-710-050 Applicable design standards.

Geometric design of all LRP projects including all bridge and pedestrian projects shall be in accordance with submitting agencies' design standards for the construction of urban and rural local roads as currently adopted, chapter 136-50 WAC.

History

Statutory Authority: RCW 36.78.070 and 36.170.010. WSR 26-08-028, s 136-710-050, filed 3/23/26, effective 4/23/26.

Wash. Admin. Code § 136-710-060 Deviations from design standards.

Deviation from the currently adopted version of the submitting county's standard, may be utilized by the county engineer, in responsible charge of the project, when circumstances exist which would make application of adopted standards exceedingly difficult. Whenever a deviation is to be made on a project, it shall be so noted on the project application submitted.

History

Statutory Authority: RCW 36.78.070 and 36.170.010. WSR 26-08-028, s 136-710-060, filed 3/23/26, effective 4/23/26.

Wash. Admin. Code § 136-710-070 Project support for deviation.

The county engineer submitting the deviation must provide CRAB with a copy of the letter/report, indicating the deviation from the adopted standards, process used to fully justify the deviation, and a resolution of adoption by the county legislative authority before funding will be approved.

History

Statutory Authority: RCW 36.78.070 and 36.170.010. WSR 26-08-028, s 136-710-070, filed 3/23/26, effective 4/23/26.

Chapter 136-720 Local road program—Project submittal, selection, and initial allocation of projects.

Wash. Admin. Code § 136-720-010 Purpose and authority.

Chapter 36.170 RCW provides that the county road administration board shall administer the county local road program (LRP). This chapter describes the manner in which counties may request LRP funds for specific project types and the manner in which the county road administration board will select projects and allocate LRP funds to such projects.

History

Statutory Authority: RCW 36.78.070 and 36.170.010. WSR 26-08-028, s 136-720-010, filed 3/23/26, effective 4/23/26.

Wash. Admin. Code § 136-720-020 LRP program cycle—General.

The county local road program cycle consists of the following basic steps:

(1) The county road administration board establishes a funding period if it determines that sufficient future LRP funds are available to provide for new LRP projects. This determination can take place during any of CRAB's regularly scheduled meetings.

(a) Should the board determine there are adequate LRP funds available to be allocated to LRP projects and, under advisement from the counties, the board's action shall include the determination of:

(i) Project type and the amount to be allocated to each project type listed in WAC 136-710-020;

(ii) Timeline in which eligible counties are to submit projects;

(iii) Funding limits per project;

(iv) Limits on the number of projects per county;

(v) Matching requirements for the funding period.

(b) The board's LRP funding allocation may include all or any subset of the project types described under WAC 136-710-020, as well as federally classified urban or rural areas, and this decision may be unique and may vary between funding periods.

(2) Each eligible county prepares and submits a prospectus to the county road administration board;

(3) County road administration board staff conducts a field review of each prospectus and provides to each submitting county an evaluation and scoring of all priority elements which are based on a visual examination, using the priority rating process;

(4) For each prospectus submitted, county road administration board staff computes the total priority rating score and assembles all projects into rank-ordered arrays by project type; and

(5) The county road administration board reviews the rank-ordered arrays in each project type and, based upon the LRP funds projected to be allocated for the next project program period, selects and approves specific projects for LRP funding.

History

Statutory Authority: RCW 36.78.070 and 36.170.010. WSR 26-08-028, s 136-720-020, filed 3/23/26, effective 4/23/26.

Wash. Admin. Code § 136-720-030 LRP program cycle—Prospectus submittal.

Each eligible county shall, for each project for which it seeks LRP funds estimated to be available in the next project program funding period, submit a prospectus to the board with the following requirements:

(1) The format and content of the prospectus shall be prescribed by the board, and each prospectus shall be submitted on forms provided by the board and must include a vicinity map, a typical cross-section (existing and proposed), and photos.

(2) Each prospectus shall be signed by the county engineer.

(3) If a design deviation is required, an evaluation and determination by the county engineer must be submitted in accordance with WAC 136-710-060 and 136-710-070.

(4) If a project is for the improvement of a road which continues into an adjacent county and the project terminus is within 1,000 feet of the county line, the prospectus shall include a statement signed by the county engineer of the adjacent county certifying that the adjacent county will cooperate with the applicant county to the extent necessary to achieve a mutually acceptable design.

(5) All prospectuses shall indicate that the design of the project shall begin not later than one year from the date of project approval by the board, and that construction of the project shall begin not later than four years from the date of project approval by the board.

All counties shall use current cost pricing to estimate project costs. Inflation and contingency rates will be applied by the board based upon project type.

History

Statutory Authority: RCW 36.78.070 and 36.170.010. WSR 26-08-028, s 136-720-030, filed 3/23/26, effective 4/23/26.

Wash. Admin. Code § 136-720-040 LRP program cycle—Field review by county road administration board.

After all prospectuses are received, the county road administration board will schedule and conduct an on-site field review of each project. During the field review, conducted jointly with the county engineer or his/her designee (unless waived by the county engineer), the assigned county road administration board staff person will review the overall project scope with the county representative and, using the priority rating process developed by the board, determine the rating score of all priority elements which are based on a visual examination. To ensure both uniformity and professional judgment in the visual ratings, the assigned county road administration board staff person shall be assigned by the deputy director and be a licensed professional civil engineer in the state of Washington or have significant experience in the design of road and bridge projects, and the same person shall review and rate all projects statewide. All field reviews will be completed, each project's type will be set, and the visual rating scores returned to each submitting county.

History

Statutory Authority: RCW 36.78.070 and 36.170.010. WSR 26-08-028, s 136-720-040, filed 3/23/26, effective 4/23/26.

Wash. Admin. Code § 136-720-050 LRP program cycle—Total project rating and priority array.

County road administration board staff will review all prospectuses and ensure that:

(1) All necessary information is included;

(2) The project is eligible for LRP funding;

(3) The project schedule indicates that preliminary engineering will begin not later than one year from the date of project approval by the county road administration board, and that the construction of the project will begin not later than four years from the date of project approval by the county road administration board; and

(4) The total project priority rating is mathematically correct and the visual rating scores determined during the field review are included.

(5) Existing and proposed roadway cross sections, project narrative, and preconstruction photos are attached.

After county road administration board staff review, all accepted prospectuses will be placed in a declining total project rating array. After review by the county road administration board at its next regular meeting, the priority array for each project type will be provided to each county. These arrays will be preliminary only and will be provided to the counties to assist them in their internal budgeting and programming. No notations as to whether a particular project will or will not be funded will be included. Projects not adopted in the six-year transportation program by board's process outlined in WAC 136-720-060 will be dropped from the array of eligible projects and the revised array will be presented to the county road administration board.

History

Statutory Authority: RCW 36.78.070 and 36.170.010. WSR 26-08-028, s 136-720-050, filed 3/23/26, effective 4/23/26.

Wash. Admin. Code § 136-720-060 LRP program cycle—Selection and approval of projects for LRP funding.

(1) At the board's next regularly scheduled meeting, the county road administration board will select projects and allocate anticipated LRP funds to projects. The preliminary priority arrays as developed in WAC 136-720-050 will be updated to exclude any county which is ineligible under WAC 136-700-050, and projects will be selected from these arrays. Selections will be made by each project type statewide in declining priority rank order, provided that no county shall be allocated LRP funds in excess of the limits as set in WAC 136-720-020.

(2) The statewide net amount of LRP funds available for allocation to projects in the funding period will be based on procedures outlined in WAC 136-720-020 and appropriated by the legislature.

(3) Acceptance of the LRP allocation for a project by the full execution of a CRAB/county contract as described in WAC 136-730-030 constitutes agreement to complete the project in compliance with the scope, design, and project limits in the prospectus. All material changes to the scope, design, or project limits must be approved by the county road administration board prior to commencement of construction.

History

Statutory Authority: RCW 36.78.070 and 36.170.010. WSR 26-08-028, s 136-720-060, filed 3/23/26, effective 4/23/26.

Wash. Admin. Code § 136-720-070 Limitations on use of LRP funds—Matching funds.

LRP funds requested and allowed to a project are limited to the match requirements established by county road administration board at the time of call for projects developed in conjunction with policy following RCW 36.170.060. The match requirements will be applied to the total eligible project development costs, which may include preliminary engineering and construction costs for all project types identified in WAC 136-710-020 and right-of-way costs for project types identified in WAC 136-710-020 (2) through (6).

Even though additional and eligible project development costs may be incurred by a county for a specific project, the maximum amount of LRP funds for that project is limited to the amount allocated and shown in the CRAB/county contract, unless the allocation is increased pursuant to WAC 136-740-020.

History

Statutory Authority: RCW 36.78.070 and 36.170.010. WSR 26-08-028, s 136-720-070, filed 3/23/26, effective 4/23/26.

Chapter 136-730 Local roads program—Project contract, voucher and audit.

Wash. Admin. Code § 136-730-010 Purpose and authority.

Chapter 36.170 RCW provides that the county road administration board shall administer the county local road program (LRP). This chapter describes the individual project contract between the county road administration board and a county (CRAB/county contract), the manner in which the county road administration board will implement the provisions related to payment of vouchers, and the provisions for audit of LRP projects.

History

Statutory Authority: RCW 36.78.070 and 36.170.010. WSR 26-08-028, s 136-730-010, filed 3/23/26, effective 4/23/26.

Wash. Admin. Code § 136-730-020 Notification of counties.

The county road administration board shall, within 10 days of its LRP project approval meeting, notify each county having an approved project of such approval and of the amount of LRP funds allocated to each approved project. The county road administration board shall offer a contract for each such approved project setting forth the terms and conditions under which LRP funds will be provided.

History

Statutory Authority: RCW 36.78.070 and 36.170.010. WSR 26-08-028, s 136-730-020, filed 3/23/26, effective 4/23/26.

Wash. Admin. Code § 136-730-030 Terms of CRAB/county contract.

(1) The CRAB/county contract shall include, but not be limited to, the following provisions:

(a) The contract shall be valid and binding, and the county shall be entitled to receive LRP funding in accordance with the vouchering/payment process as described in this chapter, only if the contract is properly signed and returned to the county road administration board within 60 calendar days of its transmittal by the county road administration board.

(b) The county certifies that it is in compliance with the provisions of chapter 136-700 WAC.

(c) The project will be constructed in accordance with the scope, design, and project limits as described in the prospectus and in accordance with the plans and specifications approved by the county engineer and, if applicable, the phased construction plan submitted by the county engineer to the county road administration board.

(d) The county will notify the county road administration board if:

(i) A single construction contract is intended to fully complete the project, at the time of project advertisement, construction contract, and when the project has been completed. Should the small works roster process be utilized, then the initial notice must occur prior to initiating the contractor selection process.

(ii) County forces are utilized to fully complete the project, at the time of project notice, as required in RCW 36.77.070, commencement of construction activities, and when the project has been completed.

(iii) The project applies a phased construction methodology, at those times described in a phased construction plan, consistent with subsection (2) of this section.

(e) The county road administration board will reimburse counties on the basis of monthly progress payment vouchers received and approved on individual projects in the order in which they are received in the county road administration board office, subject to the availability of LRP funds apportioned; or subject to a minimum balance determined by CRAB for the purposes of cash flow; provided, however, that if insufficient LRP funds are available or the legislature fails to appropriate sufficient LRP funds, payment of vouchers may be delayed or denied. Counties are ineligible to receive LRP funded construction cost reimbursements prior to satisfaction of the initial project notice requirement described in (d) of this subsection.

(f) The county will reimburse the LRP funds in the event a project post-audit reveals ineligible expenditures of LRP funds.

(g) The county may be required to reimburse the LRP funds in the event of early termination in accordance with the provisions of chapter 136-750 WAC.

(h) The county agrees to amend the contract in cases where:

(i) Additional LRP funds have been requested and approved under chapter 136-740 WAC;

(ii) Other relief from the original scope, design, or project limits has been approved by the county road administration board under chapter 136-750 WAC; or

(iii) A project has been terminated without full LRP funds reimbursement under chapter 136-750 WAC.

(iv) The county agrees to provide periodic project development progress reports as requested by the county road administration board.

(2) Counties may implement a phased construction methodology in the completion of LRP funded projects. A phased construction methodology is described as the process to implement multiple construction contracts through competitive bid and award, contracts awarded through exercise of the small works roster process, or construction by county forces, or a combination of two or more of these three methods, in order to complete a single LRP funded project. If a county elects to use phased construction methodology, construction of at least one of the project phases must commence by the lapsing date and all remaining phases must commence within two years of commencement of the first phase. In the event the county fails to meet either of these timelines, repayment of expended LRP funds for all phases of the project will be required unless waived by the county road administration board in keeping with the provisions of this section.

(a) In order to be considered phased construction, each phase must:

(i) Be distinct, independent, and nonoverlapping construction activities as to location and type of work;

(ii) Result in separate function and utility;

(iii) Be part of related and sequential construction activities that lead to overall project completion;

(iv) Separately and collectively comply with state laws as to procurement of contract work and use of county forces.

(b) In order to satisfy notification requirement of subsection (1)(d) of this section, a phased construction plan must be developed and submitted to the county road administration board at least 15 calendar days prior to contract bid advertisement, beginning the selection process for a contractor through a small works roster process, or commencement of construction by county forces, whichever occurs first. The phased construction plan must:

(i) Include a description of each construction phase, the contracting method to be employed, or that county forces will be used;

(ii) Include an estimated cost and begin and end dates for each construction phase; and

(iii) Describe the relationship between construction phases and ultimate completion of the overall project.

History

Statutory Authority: RCW 36.78.070 and 36.170.010. WSR 26-08-028, s 136-730-030, filed 3/23/26, effective 4/23/26.

Wash. Admin. Code § 136-730-040 Combining CRAB/county contracts.

In those cases when a county desires to combine two or more adjacent LRP funded projects into a single contract, the county, prior to advertising for the construction contract, or prior to commencing construction should any of the projects be scheduled for completion by county forces, must make a formal written request to the county road administration board to combine the projects into a single project, assuring that the original prospectus work will be accomplished as originally proposed or as previously revised by the county road administration board, regardless of the applicable maximum project LRP contribution.

History

Statutory Authority: RCW 36.78.070 and 36.170.010. WSR 26-08-028, s 136-730-040, filed 3/23/26, effective 4/23/26.

Wash. Admin. Code § 136-730-050 Bundling of construction projects.

In those cases when a county desires to bundle two or more LRP funded projects into a single construction contract, the county, prior to advertising for the construction contract, or prior to commencing construction should any of the projects be scheduled for completion by county forces, must make a formal written request to the county road administration board to bundle the projects into a single construction contract. This request must describe the benefit to bundling the projects into a single construction contract and demonstrate how the county will separately track each individual project/item cost.

History

Statutory Authority: RCW 36.78.070 and 36.170.010. WSR 26-08-028, s 136-730-050, filed 3/23/26, effective 4/23/26.

Wash. Admin. Code § 136-730-060 Combining of LRP funded project with non-LRP funded project.

In those cases when a county desires to combine a LRP funded project with one or more adjacent non-LRP funded projects, the county, prior to advertising for the construction contract, or prior to commencing construction should any of the projects be scheduled for completion by county forces, shall notify the county road administration board in writing of its plans to combine the projects into a single construction project, assuring in writing that the work items assigned to the LRP funded section will remain distinct and separate through the bid documents and contract plans.

Upon verification that the request is submitted in a timely manner, that the combined project will meet the conditions of the CRAB/county contract and prospectus requirements, and that LRP funded items of work will be sufficiently separated from other work, the CRAB director will respond in writing to grant the combination. Projects shall be considered adjacent if they have a common terminus.

Federally funded projects are not eligible to combine with LRP funded projects.

History

Statutory Authority: RCW 36.78.070 and 36.170.010. WSR 26-08-028, s 136-730-060, filed 3/23/26, effective 4/23/26.

Wash. Admin. Code § 136-730-070 Voucher form.

The county road administration board shall prepare and distribute to all counties with approved LRP projects a voucher process for use in requesting progress payments and final payment for each approved LRP project.

History

Statutory Authority: RCW 36.78.070 and 36.170.010. WSR 26-08-028, s 136-730-070, filed 3/23/26, effective 4/23/26.

Wash. Admin. Code § 136-730-080 Voucher approval.

The county constructing each LRP project may submit vouchers monthly as the work progresses and shall submit a final voucher after completion of each LRP project for the payment of the LRP share of the project cost. Each voucher shall include total project costs to date, including costs covered by other funding sources. The county shall include with each voucher sufficient documentation to verify costs. Reimbursable costs include all eligible direct costs for the design, right-of-way, and construction phases. Indirect costs including overhead and support services shared by multiple department's programs or funds such as accounting, payroll, administrative, or human resources salaries, and benefits and information technology services for the county shall not be reimbursed. The chair of the county road administration board or his/her designee shall approve such vouchers for payment to the county submitting the voucher.

History

Statutory Authority: RCW 36.78.070 and 36.170.010. WSR 26-08-028, s 136-730-080, filed 3/23/26, effective 4/23/26.

Wash. Admin. Code § 136-730-090 Payment of vouchers.

Upon approval of each LRP project voucher by the chair of the county road administration board or his/her designee, it shall be transmitted to the state treasurer.

History

Statutory Authority: RCW 36.78.070 and 36.170.010. WSR 26-08-028, s 136-730-090, filed 3/23/26, effective 4/23/26.

Wash. Admin. Code § 136-730-100 Provisions for audit of LRP projects.

(1) Audit provisions. LRP project audits may be conducted by the state auditor's office and will normally be conducted in conjunction with the audits of the different counties of the state as required by RCW 43.09.260 and 36.80.080. Special audits of specific LRP projects may be accomplished at the request of the county road administration board. If a special audit is conducted outside the confines of those audits required by the above statutes, then the costs of the special audit shall be the responsibility of the county road administration board.

(2) Scope of audits. The audit of any LRP project shall include, but not be limited to, the review of the county's compliance with:

(a) The provisions of the act; and

(b) The rules in Title 136 WAC regarding implementation and administration of the act, with detailed review of uses of county road taxes, application of LRP funds, and the various reporting requirements.

The audit shall also include a review of the financial accounting and reporting of those funds associated with and received for the LRP project.

(3) Noncompliance, questioned costs, and post-audit penalty. If the audit of a LRP project reveals any area of noncompliance and/or questioned costs, then such exceptions shall be subject to comment by the examiner within the audit report. In the event an exception has been noted within the audit report, it shall be the duty of the county road administration board to discuss and evaluate the noted discrepancy. Discrepancies may be cause for the county road administration board to order the payback of any LRP funds that have been expended on ineligible activities and/or withdrawal or denial of the certificate of good practice of the county in question as provided in chapter 136-04 WAC.

History

Statutory Authority: RCW 36.78.070 and 36.170.010. WSR 26-08-028, s 136-730-100, filed 3/23/26, effective 4/23/26.

Chapter 136-740 Local roads program—Project increases and advancement of funds.

Wash. Admin. Code § 136-740-010 Purpose and authority.

Chapter 36.170 RCW provides that the county road administration board shall administer the county local road program (LRP). This chapter describes the manner in which counties may request an increase in the amount of LRP funds allocated to a project and request an advancement of funds for an approved project.

History

Statutory Authority: RCW 36.78.070 and 36.170.010. WSR 26-08-028, s 136-740-010, filed 3/23/26, effective 4/23/26.

Wash. Admin. Code § 136-740-020 Requirements for consideration of LRP fund increases.

(1) When a county submits its prospectus as described in WAC 136-720-030, the county road administration board presumes that the amount of LRP funds requested, plus any non-LRP funds that may be designated for the project, are sufficient to fully, and in a timely manner, complete the project as described.

(2) All cost increases during the course of construction shall be the responsibility of the county. In extraordinary circumstances, a county may request an increase in the amount of LRP funds allocated to a project. A county may request an increase in a project's LRP allocation once during the course of a project's development, and such request may occur only after completion of preliminary engineering, but prior to commencing construction. A project shall be considered to have commenced construction if:

(a) The construction contract for the work has been awarded; or

(b) If done by county forces, the work has commenced, except for construction engineering.

Requests for increases in excess of 25 percent of the original LRP allocation will not be considered or granted; the county must secure other funds, withdraw, or request the termination of the project, or request a change in scope and/or project limits. If current funding sources are not sufficient to cover the costs beyond a 25 percent increase, the county may resubmit the same project for funding in the next funding period. Upon funding of the new project by the county road administration board, the previous contract shall become void. All LRP funds expended on the previous contract shall be repaid to the county road administration board unless waived by the county road administration board in keeping with provisions of WAC 136-750-060.

(3) A request by a county for an increase in LRP funds allocated to a project shall demonstrate that:

(a) The county at the time of preparing its project prospectus considered the factors listed in subsection (4) of this section;

(b) The request for an increased allocation is based on extraordinary and unforeseeable circumstances of the type listed in subsection (5) of this section;

(c) It is not feasible to reduce the scope and/or project limits so the project can be substantially constructed within the initial LRP allocation;

(d) The request is not to pay for an expansion of the originally approved project;

(e) If the work is to be done by contract, the county has supplied to CRAB, an updated engineer's cost estimate prior to, and within three months of, advertisement of the project for construction bids; and

(f) If the work is to be done by county forces, the county has supplied to CRAB, an updated engineer's cost estimate prior to, and within three months of, commencement of the work.

(4) At the time of preparation and submittal of the project prospectus, a county is expected to consider all information which may affect the cost of the project. In cases where the information is incomplete or poorly defined, the county is to exercise good professional judgment and/or seek outside professional assistance and advice in order to prepare a reasonable LRP fund request. The information which a county is expected to consider includes, but is not limited to, the following:

(a) The availability at the needed time of matching funds and other supplementary funds;

(c) Required permits, including preproject scoping consultations with the permitting agencies and an estimate of the costs of complying with permit requirements;

(d) Required right-of-way or other easements, and the time and cost of acquisition;

(e) Availability of qualified contractors to perform the work;

(f) Ownership, type, amount, and time requirements of any required utility relocation;

(g) Historical and projected labor, equipment, and material costs; and

(h) The project development timetable leading to completed construction and the interrelation of this project to all other work activities under the control of the county engineer.

(5) The county road administration board will increase LRP funds allocated to a project only if it finds that the request for an increased allocation is based on extraordinary and unforeseeable circumstances including, but not limited to, the following:

(a) The county relied on existing technical data which were later found to be in error, and which will necessitate a significant design change prior to proceeding with construction;

(b) Project permit requirements were substantially changed, or new permits were required;

(c) Supplementary funds, such as impact fees, developer contributions, grants, etc., which were forecasted to be available for the project, were withdrawn or otherwise became unavailable;

(d) Design or other standards applicable to the project were changed;

(e) The start of construction will be significantly delayed or additional construction requirements will be added as a direct result of legal action; provided, however, that the failure of a county to exercise its statutory powers, such as condemnation, will not be grounds for increasing LRP funds; and/or

History

Statutory Authority: RCW 36.78.070 and 36.170.010. WSR 26-08-028, s 136-740-020, filed 3/23/26, effective 4/23/26.

Wash. Admin. Code § 136-740-030 LRP project increases evaluation, consideration, and action.

(1) In deciding whether to grant a request for an LRP allocation increase submitted under the provisions of WAC 136-740-020, the county road administration board will consider the following factors:

(a) Whether the county, at the time of preparing its project prospectus, considered the factors listed in WAC 136-740-020(4);

(b) Whether the county's request for an increased allocation is based on extraordinary and unforeseeable circumstances of the type listed in WAC 136-740-020(5);

(c) Whether it is feasible to reduce the scope and/or project limits so the project can be substantially constructed within the initial LRP allocation;

(d) Whether the request is to pay for an expansion of the project; and

(e) Whether the increased allocation will have an adverse effect on other approved or requested LRP funded projects.

(2) The executive director shall approve or deny a county's request for additional funds.

(b) If the request is denied, in whole or in part, the county may appeal the executive director's decision at the board's next regularly scheduled board meeting.

History

Statutory Authority: RCW 36.78.070 and 36.170.010. WSR 26-08-028, s 136-740-030, filed 3/23/26, effective 4/23/26.

Wash. Admin. Code § 136-740-040 Amendment of CRAB/county contract.

All changes in approved LRP allocations and other county road administration board actions taken under the provisions of this chapter shall be reflected by amending the CRAB/county contract. Failure of a county to sign and return an amended CRAB/county contract within 45 calendar days of its transmittal by the county road administration board shall nullify all allocation increases and other county road administration board actions.

History

Statutory Authority: RCW 36.78.070 and 36.170.010. WSR 26-08-028, s 136-740-040, filed 3/23/26, effective 4/23/26.

Wash. Admin. Code § 136-740-050 LRP program advancing funds.

(1) Counties may request advancing LRP funds. Such a request by a county shall demonstrate the ability to proceed with the project ahead of the regular funding schedule.

(2) In considering a request to advance LRP funding, the county road administration board will review the county's justification, the current LRP appropriation, and expected reimbursements.

(3) The executive director shall approve or deny a county's request for advancing LRP funds.

(b) If the request is denied, in whole or in part, the county may appeal the executive director's decision at the board's next regularly scheduled board meeting.

History

Statutory Authority: RCW 36.78.070 and 36.170.010. WSR 26-08-028, s 136-740-050, filed 3/23/26, effective 4/23/26.

Chapter 136-750 Local road program—Emergent projects, withdrawals, early termination, and lapsing.

Wash. Admin. Code § 136-750-010 Purpose and authority.

Chapter 36.170 RCW provides that the county road administration board shall administer the county local road program (LRP). This chapter describes the manner in which counties request funding for emergent projects, and in which manner the county road administration board will administer said emergent projects, withdrawals, early termination, and lapsing of approved projects.

History

Statutory Authority: RCW 36.78.070 and 36.170.010. WSR 26-08-028, s 136-750-010, filed 3/23/26, effective 4/23/26.

Wash. Admin. Code § 136-750-020 Emergent project eligibility.

Projects of an emergent nature may be funded through the local road program as authorized by RCW 36.170.070. An emergent project is defined as a project whose need the county was unable to anticipate at the time the six-year program of the county was developed. Emergency work to temporarily restore a county road for the short-term use of the traveling public is not eligible for funding as an emergent project; however, a project to permanently repair a county road after an emergency may be considered for funding if the proposed project meets all other requirements of the local road program.

To be eligible for emergent project approval, the project shall be evaluated by the county road administration board grant programs engineer, with the participation of the county engineer, on the same point system as all other projects within project type. The proposed emergent project must rank at or above the project type funding cutoff line on the current array based upon 100 percent of the current estimated allocation as determined by the county road administration board.

History

Statutory Authority: RCW 36.78.070 and 36.170.010. WSR 26-08-028, s 136-750-020, filed 3/23/26, effective 4/23/26.

Wash. Admin. Code § 136-750-030 Emergent project limitations and conditions.

All projects for which local road program funding is being requested under this chapter are subject to the following:

(1) The requesting county has the sole burden of making a clear and conclusive showing that the project is emergent as described in this chapter; and

(2) The requesting county shall clearly demonstrate that the need for the project was unable to be anticipated at the time the current six-year transportation program was developed.

History

Statutory Authority: RCW 36.78.070 and 36.170.010. WSR 26-08-028, s 136-750-030, filed 3/23/26, effective 4/23/26.

Wash. Admin. Code § 136-750-040 Emergent project—Action by the county road administration board.

History

Statutory Authority: RCW 36.78.070 and 36.170.010. WSR 26-08-028, s 136-750-040, filed 3/23/26, effective 4/23/26.

Wash. Admin. Code § 136-750-050 Withdrawal of LRP project before CRAB/county contract.

At any time after the submittal of a prospectus and prior to the time of the CRAB/county contract execution, a county may withdraw a LRP funded project. The statement of withdrawal must be in writing and signed by the county engineer. The withdrawal shall be effective upon receipt by the county road administration board.

History

Statutory Authority: RCW 36.78.070 and 36.170.010. WSR 26-08-028, s 136-750-050, filed 3/23/26, effective 4/23/26.

Wash. Admin. Code § 136-750-060 Termination of approved project after LRP CRAB/county contract.

(1) If a county terminates an uncompleted LRP funded project for which CRAB/county contract has been executed, for other than an unanticipated scope change, and is prepared to repay the LRP for all LRP funds received, the county shall, by means of a letter signed by the chair of the board of county commissioners or the county executive as appropriate, inform the county road administration board of its termination of the project. The letter shall state the reasons for termination and commit to repaying all LRP funds received for the project. Upon acknowledgment of such termination by the county road administration board, the county shall repay the county road administration board for all LRP funds paid to the county on that project within 60 days of such acknowledgment. After receipt of the LRP repayment, the county road administration board will void the CRAB/county contract and allocate the LRP funds to other projects within the project type.

(2) If a county terminates an uncompleted LRP funded project for which a CRAB/county contract has been executed, for other than an unanticipated scope change, and does not want to be required to repay the county road administration board for all LRP funds received, a letter of request signed by the chair of the board of county commissioners or the county executive as appropriate must be sent to the county road administration board. The request must include:

(a) An explanation of the reasons that the project will not proceed to completion;

(b) A statement of the amount of LRP funds which the county does not want to repay;

(d) Agreement to provide supporting documentation for amounts the county does not want to repay.

If the county road administration board grants the request, the county shall repay all LRP funds not exempted from repayment within 60 days of the county road administration board's action, the CRAB/county contract will be amended, and the remaining LRP funds will be allocated to other projects. If the county road administration board denies the request, full repayment shall be made as provided in subsection (1) of this section.

History

Statutory Authority: RCW 36.78.070 and 36.170.010. WSR 26-08-028, s 136-750-060, filed 3/23/26, effective 4/23/26.

Wash. Admin. Code § 136-750-070 Lapsing of LRP allocation for approved projects.

To encourage timely development and construction of approved projects, all projects for which LRP funds have been allocated must meet certain project development milestones. Failure to meet the milestones will result in action by the county road administration board to withdraw LRP funds from the project.

(1) For the purposes of this section, a project will be subject to lapsing and withdrawal of its LRP allocation if:

(a) The project has not begun the preliminary engineering within one year of project approval by the county road administration board; or

(b) During the preliminary engineering or right-of-way phase, if the county has not documented progress through the reimbursement process within a six-month period, the county will be notified that the project will lapse within six months from notification, unless the county can document progress through the reimbursement process within that six-month period;

(c) The project has not begun construction within four years of the date of project approval by the county road administration board;

(d) For construction only project awards, a project shall be considered lapsing if construction does not commence within two years from the date of project approval by the county road administration board.

(2) A project shall be considered in preliminary engineering if a minimum of $5,000 of LRP funds have been expended or evidence that a minimum of post CRAB/county funds of $5,000 of non-LRP funds have been expended for preliminary engineering as provided for in RCW 36.75.050.

(3) Documented progress shall be considered satisfied if a minimum of $5,000 of LRP funds have been expended in the previously six-month period.

(4) A project shall be considered in construction if:

(a) The construction contract for the work has been advertised for bids as provided for in RCW 36.77.020;

(b) A contract has been awarded under the provisions of the small works roster contract award process; or

(5) If an approved project does not meet a required project lapsing date development milestone, the county road administration board will, at its next regular meeting, withdraw LRP funds from the project.

(6) At any time up to 10 days before such meeting, the county may, in writing, request an extension of the lapse date. The county road administration board may grant such an extension if it finds that the delay in project development was for reasons that were both unanticipated and beyond the control of the county, and subject to the following:

(a) A project extension will be granted one time only and will be no more than two years in length; and

(b) The county can demonstrate that the project was actively pursued for completion within the original CRAB/county contract terms and can be completed within a two-year extension; and

(c) The request for an extension is based on unforeseeable circumstances that the county could not have anticipated at the time the project was submitted for LRP funding; and

(d) An approved time extension will not be grounds for the county to request an increase in the LRP funding of the project; and

(e) The executive director will determine a new lapse date, and all of the requirements listed under subsections (1) and (2) of this section will apply except that further extensions will not be granted.

(7) CRAB may in its discretion determine that for the public safety, health, or general welfare, an additional extension is necessary. If such a determination is made, CRAB may grant an additional extension and set the duration thereof.

(8) CRAB may at any time place a moratorium on lapsing of projects that are delayed due to CRAB initiated rescheduling and establish a new lapsing date to fit CRAB's programming needs. For those projects given a lapsing moratorium, subsection (4) of this section shall be held in abeyance until the new lapsing date.

History

Statutory Authority: RCW 36.78.070 and 36.170.010. WSR 26-08-028, s 136-750-070, filed 3/23/26, effective 4/23/26.