Letter Opinion 1970 No. 049

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                                                                  March 30, 1970
 
 
 
Honorable Nathan G. Richardson
Prosecuting Attorney
Clallam County
Port Angeles Savings & Loan Building
Port Angeles, Washington 98362
                                                                                                               Cite as:  AGLO 1970 No. 49
 
 
Attention:  !ttMr. S. Brooke Taylor
            Deputy Prosecuting Attorney
 
Dear Sir:
 
            We acknowledge receipt of your letter dated March 24, 1970, requesting our opinion on a question pertaining to the platting and subdivision of land under the provisions of chapter 271, Laws of 1969, Ex. Sess. (now codified as chapter 58.17 RCW).
 
                                                                     ANALYSIS
 
            Your question pertains to the scope of the term "subdivision," which is defined in subsection (1) of § 2 of the act (RCW 58.17.020) as follows:
 
            "'Subdivision' is the division of land into five or more lots, tracts, parcels, sites or divisions for the purpose of sale or lease and shall include all resubdivision of land."
 
            Your question is whether this term includes any division of land into five or more lots or sites which are to be leased to individual mobile home owners.
 
            We can find no basis for excluding such a proposed division of land from the scope of the foregoing definition ‑ or from the provisions of the act in general.  The only exclusions from the provisions of the act are those set forth in § 4 thereof (RCW 58.17.040), as follows:
 
            "The provisions of this chapter shall not apply to:
 
            "(1) Cemeteries and other burial plots while used for that purpose;
 
     [[Orig. Op. Page 2]] "(2) Divisions of land into lots or                      tracts where the smallest lot is twenty acres or more and not             containing a dedication of a public right-of-way;
 
            "(3) Divisions of land into lots or tracts none of which are smaller than five acres and not containing a dedication unless the governing authority of the city, town or county in which the land is situated shall have by ordinance provided otherwise.
 
            "(4) Divisions made by testamentary provisions, the laws of descent, or upon court order."
 
            Therefore, it is our opinion that a division of land into five or more lots, tracts, parcels, sites or divisions for the purpose of sale or lease to individual mobile home owners is governed by the provisions of chapter 271, Laws of 1969, Ex. Sess., to the same extent as is a division of land into five or more lots, etc., for the purpose of sale or lease to any other persons.
 
            We trust the foregoing will be of assistance to you.
 
Very truly yours,
 
FOR THE ATTORNEY GENERAL
 
 
Philip H. Austin
Assistant Attorney General