§ 18.04.045. Legal lot criteria for building or transfer of ownership.

Thurston County will presume the validity of a lot if it meets any one of the criteria listed below. It shall be the responsibility of the applicant to provide the necessary information. The department shall review the submitted materials to determine completeness and authenticity. If determined to be complete and authentic, the lot is deemed legal. Further review is not required unless an appeal is filed or an innocent purchaser claim is made. Any lot created in a legal manner as described below or through innocent purchaser status, remains a separate legal lot regardless of nonconformity, or contiguous ownership.

Exception: Contiguous shoreline lots in the same ownership that were not in conformance with the shoreline master program for the Thurston region on May 21, 1976 are deemed single, undivided lots; except that if each lot contained a dwelling on that date, they remain separate legal lots.

Even though a lot may be deemed legal, it is buildable only if it also meets the definition of "building site" in Section 18.08.080.

A.

Surveys for the purpose of land division recorded with the Thurston County auditor from June 9, 1937 through July 28, 1974;

B.

Surveys recorded with the Thurston County auditor from June 9, 1937 through September 28, 1981 for any number of lots, all of which are five acres and larger in size with access from an opened county road;

C.

Surveys recorded with the Thurston County auditor from June 9, 1937 through September 28, 1981 for four or fewer lots, all of which are over five acres in size with access from a private road or unopened county right-of-way;

D.

Subdivision with more than five lots created from July 29, 1974 through September 28, 1981 through the non-platted-street process as described in Thurston County Ordinance 4748, in which all lots are five acres and larger in size, and where all lots are located on a private road or an unopened county right-of-way;

E.

Lots created through a deed recorded with the Thurston County auditor from June 9, 1937 through July 28, 1974;

F.

Lots created through a deed for love and affection for which there was no monetary or other valuable consideration exchanged, and that was recorded with the Thurston County auditor from June 9, 1937 through July 29, 1981;

G.

Court ordered divisions for adverse possessions or divorces in which the adverse possession or divorce decree is dated August 23, 1993 through September 18, 1995.

H.

With the following exceptions, lots created prior to June 9, 1937, whether platted or unplatted, are not legal. Exceptions: Lots created through testamentary division; contiguous lots in different ownership as of July 29, 1974; contiguous lots in the same ownership if each lot was separately developed as of June 9, 1937; or platted lots that are at least five acres or one-one hundred twenty-eighths of a section;

I.

Navigable sections of the Black, Chehalis, Deschutes, Nisqually and Skookumchuck Rivers always create legal property boundaries. The ordinary high water mark is the property line;

J.

Any public or railroad right-of-way (opened or unopened) create legal property boundaries. Note: If the right-of-way is vacated and parcels on both sides are in same ownership, the lots are consolidated unless there is evidence of an action or intent to divide prior to the vacation;

K.

Lots created after June 9, 1937 through the methods set out in the Thurston County Platting and Subdivision Ordinance (TCC Title 18), as amended.

L.

Divisions of land exempted by TCC Section 18.04.040 or property transferred to a bona fide innocent purchaser for value pursuant to TCC Section 18.48.030.

(Ord. 11398 § 10 (part), 1997)

(Ord. No. 14773, § 10(Att. I), 7-24-2012)