https://app.leg.wa.gov/RCW/default.aspx?cite=58.17
Is the location for the Washington RCW regarding Plats and subdivisions.?ÿ?ÿ
Not sure why a DNR wants to be exempt except perhaps they don't want to have a PLS on staff? Or lets say that they want to subdivide a parcel that they own, if thats possible, and they don't want to be subject to certain environmental regulations??ÿ I am not sure of the policy of the DNR down here but they pretty much rule the show when it comes to rule making and in my opinion are pretty good cops.?ÿ
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Washington DNR howls about lack of funding. Oregon gets on without a DNR at all, at least one that gets involved in survey matters.?ÿ
WsDOT is famous for past attitudes about it's responsibilities vis-a-vis state law governing surveying. It was a little before my time but I understand that there was a knock-down drag out fight between WsDOT and the Washington State Board over it, with the board coming out the nominal winner. But to this day, dealing with?ÿ WsDOT is a completely different experience from dealing with ODOT. For the most part WsDOT Survey does what they are compelled to do by law. ODOT actually wants to be helpful.?ÿ?ÿ
Thanks for those insights and background. That’s a different tangent than being exempt for acquisition purposes.
I can't disagree with you about WSDOT but the OP asked about a DNR which in WA is a significantly different organization with different goals and needs than WSDOT. In my opinion neither should be exempt from subdivision law.
That was partly just me going off on a little rant, and partly it was coming from the angle of a state organization thinking that they should be exempt from state laws.
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I also can't disagree with you about WSDOT and their right of way surveys and their general lack of any coherent deeds or plans.?ÿ With that said, they definitely should be exempt from the subdivision regulations.?ÿ Typical scenarios would be widening and existing road and acquiring property from each of the adjacent land owners.?ÿ Is the State supposed to prepare a major plat, involving numerous public hearings and agency reviews??ÿ You can't plat land you do not own so each of the adjacent landowners would be an applicant on the plat and would have to sign off on the plat.?ÿ That simply isn't possible or feasible IMO.
Of course if they can come up with objective reasoning of why the existing laws should not apply to them, then they should pass legislation and proceed.
I don't know if our state DOT, Illinois, has anything on the books making them exempt.?ÿ They pretty much set there own rules and abide by them.?ÿ For example they take ROW through a town and wipe out all the lot corners, they don't replace them.?ÿ On the other hand, in rural areas they are pretty good about setting ROW markers and monumenting section corners.
This is interesting.?ÿ I have not seen the proposed bill.?ÿ My initial reaction would be that such proposed legislative change has more to do with the subdivision improvement requirements rather than the survey requirements regulated by the local platting authorities.?ÿ ?ÿSome examples of that would be things such as road and utility construction requirements that are in the land development requirements of subdivisions in the local plating authorities (Alaska Boroughs, 1st and 2nd Class Cities, and other cities adopting subdivision authority under AS 19.450)?ÿ and is such an?ÿ attempt a proposed change that is primarily political and financially driven.?ÿ ?ÿ
Alaska is in a fiscal trauma.?ÿ ?ÿRevenue of sale of state owned lands is a revenue source that is opportunity of generation of revenue.?ÿ Skirting the expensive portion of land development, such as requirements of construction of roads and utilities in the regulated code of the local plating authorities maximizes the net revenue of sale of state lands, and also compresses the timeline of processing a subdivision suitable to DNR but not processed through the local platting authority.?ÿ However, sale of such land processed under this new criteria would?ÿ subject the purchasers of lands in these subdivisions with a a "sub-standard" development infrastructure, and leave a burden on the local governmental authority to deal with such deficiencies and public outcry for equity infrastructure and support.?ÿ
?ÿThis will all play out once legislation is introduced, and the process of public comment and legislative deliberation proceeds.?ÿ I personally do not see any advantage of such change in bypassing the local platting authority to the survey profession or public interest that we are licensed to protect.?ÿ ?ÿ?ÿ
I don't see an upside to this from a surveyor's or individual resident's perspective.?ÿ?ÿ
