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79.13.130 | Lease procedure—Scheduling auctions. | (1) When the department decides to lease any state lands at public auction it is the duty of the department to fix the date, place, and time when such lands shall be offered for lease. (2) The auction must be conducted between the hours of 10:00 a.m. and 4:00 p.m. (3) The auction must take place: (a) At the department'... |
79.13.140 | Public auction procedure. | (1) All leasing by public auction shall be by oral or by sealed bid. Leases will be awarded to the highest bidder on the terms prescribed by law and as specified in the notice of leasing described in RCW 79.13.120 . No lease may be awarded for less than the appraised value. (2) The public auction must be conducted unde... |
79.13.150 | Lease/rent of acquired lands. | (1) Except as provided in RCW 79.10.030 (2), the department shall manage and control all lands acquired by the state through escheat, deed of sale, gift, devise, or under RCW 79.19.010 through 79.19.110 , except lands that are conveyed or devised to the state for a particular purpose. (2) The department shall lease the... |
79.13.160 | Appraisement of improvement before lease. | Before any state lands are offered for lease, or are assigned, the department may establish the fair market value of those authorized improvements not owned by the state. In the event that agreement cannot be reached between the state and the lessee on the fair market value, such valuation shall be submitted to a revie... |
79.13.170 | Water right for irrigation as improvement. | At any time during the existence of any lease of state lands, except lands leased for the purpose of mining of valuable minerals, or coal, or extraction of petroleum or gas, the lessee with the consent of the department, first obtained, by written application, showing the cost and benefits to be derived thereby, may pu... |
79.13.180 | Record of leases. | The department shall keep a full and complete record of all leases issued under the provisions of the preceding sections and the payments made thereon.
[ 2003 c 334 s 374 ; 1979 ex.s. c 109 s 16 ; 1933 c 139 s 1 ; 1927 c 255 s 67 ; RRS s 7797-67. Prior: 1915 c 147 s 6 ; 1909 c 223 s 5 ; 1897 c 89 s 25 . Formerly RCW 79... |
79.13.320 | Share crop leases authorized. | The department may lease state lands on a share crop basis. Upon receipt of a written application to lease state lands, the department shall make such investigations as it deems necessary. If the department finds that such a lease would be advantageous to the state, it may proceed with the leasing of such lands on such... |
79.13.330 | Harvest, storage of crop—Notice—Warehouse receipt. | When crops that are covered by a share crop lease are harvested, the lessee shall give written notice to the department that the crop is being harvested, and shall also give to the department the name and address of the warehouse or elevator to which such crops are sold or in which such crops will be stored. The lessee... |
79.13.340 | Sale, storage, or other disposition of crops. | The department shall sell the crops covered by the warehouse receipt required in RCW 79.13.330 and may comply with the provisions of any federal act or the regulation of any federal agency with relation to the storage or disposition of the crop.
[ 2003 c 334 s 468 ; 1977 c 20 s 1 ; 1949 c 203 s 5 ; Rem. Supp. 1949 s 78... |
79.13.350 | Insurance of crop—Division of cost. | The lessee under any share crop lease issued by the department shall notify the department as soon as an estimated yield of the crop can be obtained. The estimate must be immediately submitted to the department, which is hereby authorized to insure the crop from loss by fire or hail. The cost of such insurance shall be... |
79.13.360 | Application of other provisions to share crop leases. | RCW 79.13.320 through 79.13.360 shall not repeal the provisions of the general leasing statutes of the state of Washington and all of the general provisions of such statutes with reference to filing of applications, deposits required therewith, forfeiture of deposits, cancellation of leases for noncompliance and genera... |
79.13.370 | Grazing leases—Restrictions. | The lessee, or assignee of any lease leased for grazing purposes, shall not use the land for any other purpose than that expressed in the lease. However, the lessee, or assignee, may surrender the lease to the department and request the department to issue an agricultural lease in lieu of the original lease. The depart... |
79.13.380 | Livestock grazing on lieu lands. | The department has the power, and it is its duty, to adopt, from time to time, reasonable rules for the grazing of livestock on such tracts and areas of the indemnity or lieu lands of the state contiguous to national forests and suitable for grazing purposes, as have been, or shall be, obtained from the United States u... |
79.13.390 | Grazing permits—United States government. | The department may issue permits for the grazing of livestock on the lands described in RCW 79.13.380 in such manner and upon such terms, as near as may be, as permits are, or shall be, issued by the United States for the grazing of livestock on national forestlands. The department may charge such fees as it deems adeq... |
79.13.400 | Improvement of grazing ranges—Agreements. | The department is hereby authorized on behalf of the state of Washington to enter into cooperative agreements with any person as defined in RCW 1.16.080 for the improvement of the state's grazing ranges by the clearing of debris, maintenance of trails and water holes, and other requirements for the general improvement ... |
79.13.410 | Improvement of grazing ranges—Extension of permit. | In order to encourage the improvement of grazing ranges by holders of grazing permits, the department shall consider (1) extension of grazing permit periods to a maximum of ten years; and (2) reduction of grazing fees, in situations where the permittee contributes or agrees to contribute to the improvement of the range... |
79.13.420 | Nondefault or early termination provision. | (1) For the purposes of this section, "nondefault or early termination provision" means a provision that authorizes the department to terminate a lease in the event the department includes the leased land in a plan for higher and better use, land exchange, or sale. (2) Any nondefault or early termination provision incl... |
79.13.500 | Amateur radio repeater stations—Legislative intent. | The department leases state lands and space on towers located on state lands to amateur radio operators for their repeater stations. These sites are necessary to maintain emergency communications for public safety and for use in disaster relief and search and rescue support. The licensed amateur radio operators of the ... |
79.13.510 | Amateur radio electronic repeater sites and units—Reduced rental rates—Frequencies. | The department shall determine the lease rate for amateur radio electronic repeater sites and units available for public service communication. For the amateur operator to qualify for a rent of one hundred dollars per year per site, the amateur operator shall do one of the following: (1) Register and remain in good sta... |
79.13.520 | Nonprofit television reception improvements districts—Rental of public lands—Intent. | The department shall determine the fair market rental rate for leases to nonprofit television reception improvement districts. It is the intent of the legislature to appropriate general funds to pay a portion of the rent charged to nonprofit television reception improvement districts. It is the further intent of the le... |
79.13.530 | Geothermal resources—Guidelines for development—Lease rates. | (1) In an effort to increase potential revenue to the geothermal account, the department shall, by December 1, 1991, adopt rules providing guidelines and procedures for leasing state-owned land for the development of geothermal resources. (2)(a) By September 30, 2024, the department must commence rule making to update ... |
79.13.600 | Findings—Salmon stocks—Grazing lands—Coordinated resource management plans. | The legislature finds that many wild stocks of salmonids in the state of Washington are in a state of decline. Stocks of salmon on the Columbia and Snake rivers have been listed under the federal endangered species act, and the bull trout has been petitioned for listing. Some scientists believe that numerous other stoc... |
79.13.610 | Grazing lands—Fish and wildlife goals—Technical advisory committee—Implementation. | (1) By December 31, 1993, the department of fish and wildlife shall develop goals for the wildlife and fish that this agency manages, to preserve, protect, and perpetuate wildlife and fish on shrub steppe habitat or on lands that are presently agricultural lands, rangelands, or grazable woodlands. These goals shall be ... |
79.13.620 | Purpose—Ecosystem standards. | (1) It is the purpose of chapter 163, Laws of 1996 that all state agricultural lands, grazing lands, and grazeable woodlands shall be managed in keeping with the statutory and constitutional mandates under which each agency operates. Chapter 163, Laws of 1996 is consistent with section 1, chapter 4, Laws of 1993 sp. se... |
79.14.010 | Definitions. | As used in this chapter, "public lands" means lands and areas belonging to or held in trust by the state, including tide and submerged lands of the Pacific Ocean or any arm thereof and lands of every kind and nature including mineral rights reserved to the state.
[ 2003 c 334 s 471 ; 1967 c 163 s 6 ; 1955 c 131 s 1 . P... |
79.14.020 | Leases authorized—Terms—Duration. | The department is authorized to lease public lands for the purpose of prospecting for, developing, and producing oil, gas, or other hydrocarbon substances. Each such lease is to be composed of not more than six hundred forty acres or an entire government surveyed section, except a lease on river bed, lake bed, tide and... |
79.14.030 | Rental fees—Minimum royalties. | The department shall require as a prerequisite to the issuing of any lease a rental as set by the board but not less than one dollar and twenty-five cents per acre or such prorated share of the rental per acre as the state's mineral rights ownership for the first year of such lease, payable in advance to the department... |
79.14.040 | Compensation to owners of private rights and to state for surface damage. | No lessee shall commence any operation upon lands covered by the lease until such lessee has provided for compensation to owners of private rights therein according to law, or in lieu thereof, filed a surety bond with the department in an amount sufficient in the opinion of the commissioner to cover such compensation u... |
79.14.050 | Drilling operations beyond lease term—Lease provisions. | All leases shall provide that if oil, gas or other hydrocarbon substances are not encountered on or before the end of the initial term, the lease shall not terminate if the lessee is then prosecuting drilling operations on the leased lands with due diligence, in which event the same shall remain in force so long as les... |
79.14.060 | Surrender of lease—Liability. | Every lessee shall have the option of surrendering his or her lease as to all or any portion or portions of the land covered thereby at any time and shall be relieved of all liability thereunder with respect to the land so surrendered except for monetary payments theretofore accrued and except for physical damage to th... |
79.14.070 | Royalties. | All oil and gas leases issued pursuant to this chapter shall be upon a royalty of not less than twelve and one-half percent of the gross production of all oil, gas or other hydrocarbons produced and saved from the lands covered by such lease.
[ 1955 c 131 s 7 . Prior: 1937 c 161 s 9 ; 1927 c 255 s 176 . Formerly RCW 78... |
79.14.080 | Leases of land within a geologic structure. | Oil and gas leases shall not be issued on unleased lands which have been classified by the department as being within a known geologic structure of a producing oil or gas field, except as follows: Upon application of any person, the department shall lease in areas not exceeding six hundred forty acres, at public auctio... |
79.14.090 | Cancellation or forfeiture of leases—New leases. | The department is authorized to cancel any lease issued as provided in this section for nonpayment of rentals or royalties or nonperformance by the lessee of any provision or requirement of the lease. However, before any such cancellation is made, the department shall mail to the lessee by registered mail, addressed to... |
79.14.100 | Cooperative or unit plans—Communization or drilling agreements. | For the purpose of more properly conserving the natural resources of any oil or gas pool, field, or like area, lessees thereon and their representatives may unite with each other, or jointly or separately with others, in collectively adopting and operating under a cooperative or unit plan of development or operation of... |
79.14.110 | Customary provisions in leases. | The department is authorized to insert in any lease issued under the provisions of this chapter such terms as are customary and proper for the protection of the rights of the state and of the lessee and of the owners of the surface of the leased lands not in conflict with the provisions of this chapter.
[ 2003 c 334 s ... |
79.14.120 | Rules. | The department is required to adopt and publish, for the information of the public, all reasonable rules necessary for carrying out the provisions of this chapter. The department may amend or rescind any rule adopted under the authority contained in this section. However, no rule or amendment of the same or any order r... |
79.14.130 | Wells to be located minimum distance from boundaries—Exception. | Each lease issued under this chapter shall provide that without the approval of the department, no well shall be drilled on the lands demised thereby in such manner or at such location that the producing interval thereof shall be less than three hundred thirty feet from any of the outer boundaries of the demised lands,... |
79.14.140 | Rights-of-way over public lands—Payment for timber. | Any person granted a lease under the provisions of this chapter shall have a right-of-way over public lands, as provided by law, when necessary, for the drilling, recovering, saving, and marketing of oil, gas, or other hydrocarbons. Before any such right-of-way grant shall become effective, a written application for, a... |
79.14.150 | Sales of timber—Rules. | All sales of timber, as prescribed in this chapter, shall be made subject to the right, power, and authority of the department to adopt rules governing the manner of the removal of the merchantable timber upon any lands embraced within any lease with the view of protecting the same and other timber against destruction ... |
79.14.160 | Development after discovery. | After the discovery of oil, gas or other hydrocarbons in paying quantities, lessee shall proceed to develop the oil, gas or other hydrocarbons in the lands covered thereby through the drilling of such wells as will efficiently extract the oil, gas or other hydrocarbons therefrom and such development shall take into acc... |
79.14.170 | Spacing and offsetting of wells. | All leases shall contain such terms, conditions, and provisions as will protect the interests of the state with reference to spacing of wells for the purpose of offsetting any wells on privately owned lands.
[ 1955 c 131 s 17 . Prior: 1937 c 161 s 21 . Formerly RCW 78.28.440 .] |
79.14.180 | Lands may be withheld from leasing. | Nothing contained in this chapter shall be construed as requiring the department to offer any tract or tracts of land for lease; but the department shall have power to withhold any tract or tracts from leasing for oil, gas, or other hydrocarbons, if, in its judgment, the best interest of the state will be served by so ... |
79.14.190 | Payment of royalty share—Royalty in kind. | The lessee shall pay to the department the market value at the well of the state's royalty share of oil and other hydrocarbons except gas produced and saved and delivered by lessee from the lease. In lieu of receiving payment for the market value of the state's royalty share of oil, the department may elect that such r... |
79.14.200 | Prior permits validated—Relinquishment for new leases. | All exploration permits issued by the department prior to June 9, 1955, which have not expired or been legally canceled for nonperformance by the permittees, are hereby declared to be valid and existing contracts with the state of Washington, according to their terms and provisions. The obligation of the state to confo... |
79.14.210 | Assignments and subleases of leases. | Any oil or gas lease issued under the authority of this chapter may be assigned or subleased as to all or part of the acreage included therein, subject to final approval by the department, and as to either a divided or undivided interest therein to any person. Any assignment or sublease shall take effect as of the firs... |
79.14.220 | Appeal from rulings of commissioner. | Any applicant for a lease under this chapter, feeling aggrieved by any order, decision, or rule of the commissioner, concerning the same, may appeal therefrom to the superior court of the county wherein such lands are situated, as provided by RCW 79.02.030 .
[ 2003 c 334 s 487 ; 1955 c 131 s 22 . Prior: 1937 c 161 s 28... |
79.14.300 | Prospecting and mining contracts—Authority—Exceptions. | (1) Except as provided in subsection (2) of this section, the department may issue permits and leases for prospecting, and contracts for the mining of valuable minerals and specified materials, except rock, gravel, sand, silt, coal, or hydrocarbons, upon and from any public lands belonging to or held in trust by the st... |
79.14.310 | Prospecting and mining—Public auction of mining contracts. | The department may offer nonrenewable placer mining contracts by public auction for the mining of gold under terms set by the department. In the case of lands known to contain valuable minerals or specified materials in commercially significant quantities, the department may offer mining contracts by public auction.
[ ... |
79.14.315 | Recreational prospecting permits. | The department may issue permits for recreational mineral prospecting in designated areas containing noneconomic mineral deposits. The term of a permit shall not exceed one year. Designated areas, equipment allowed, methods of prospecting, as well as other appropriate permit conditions, shall be set in rules adopted by... |
79.14.320 | Department may adopt rules. | The department may adopt rules necessary for carrying out the mineral leasing, contracting, and permitting provisions of RCW 79.14.300 through 79.14.450 . Such rules shall be enacted under chapter 34.05 RCW. The department may amend or rescind any rules adopted under this section. The department shall publish these rul... |
79.14.330 | Prospecting lease—Application fee. | Any person desiring to obtain a lease for mineral prospecting purposes upon any lands in which the mineral rights are owned or administered by the department, shall file in the proper office of the department an application or applications therefor, upon the prescribed form, together with application fees. The departme... |
79.14.340 | Compensation for loss or damage to surface rights. | Where the surface rights are held by a third party, the lessee shall not exercise the rights reserved by the state upon lands covered by the lessee's lease or contract until the lessee has provided the department with satisfactory evidence of compliance with the requirements of the state's mineral rights reservations. ... |
79.14.350 | Prospecting leases—Term—Rent—Conditions. | Leases for prospecting purposes may be for a term of up to seven years from the date of the lease. The lessee shall pay an annual lease rental as set by the board of natural resources. The annual lease rental shall be paid in advance. The lessee shall not have the right to extract and remove for commercial sale or use ... |
79.14.360 | Conversion to mining contract. | The holder of any prospecting lease shall have a preference right to a mining contract on the premises described in the lease if application therefor is made to the department at least one hundred eighty days prior to the expiration of the prospecting lease. A lessee applying for a mining contract shall furnish plans f... |
79.14.370 | Prospecting and mining—Lessee's rights and duties. | Where the surface rights have been sold and the minerals retained by the state, the state's right of entry to these lands is transferred and assigned to the lessee during the life of the lease or contract. No lessee shall commence any operation upon lands covered by his or her lease or contract until the lessee has com... |
79.14.380 | Prospecting and mining—Termination for default. | The department shall terminate and cancel a prospecting lease or mining contract upon failure of the lessee to make payment of the annual rental or royalties or comply with the terms and conditions of the lease or contract upon the date such payments and compliances are due. The lessee shall be notified of such termina... |
79.14.390 | Prospecting leases and mining contracts—Form, terms, conditions. | Prospecting leases or mining contracts referred to in chapter 79.14 RCW shall be as prescribed by, and in accordance with rules adopted by the department. The department may include in any mineral prospecting lease or mining contract to be issued under this chapter such terms and conditions as are customary and proper ... |
79.14.400 | Prospecting and mining—Reclamation of premises. | At time of termination for any mineral prospecting lease, permit, mining contract, or placer mining contract, the premises shall be reclaimed in accordance with plans approved by the department.
[ 1987 c 20 s 11 . Formerly RCW 79.01.642 .] |
79.14.410 | Prospecting and mining—Minimum royalty. | Mining contracts entered into as provided in chapter 79.14 RCW shall provide for the payment to the state of production royalties as set by the board. A lessee shall pay in advance annually a minimum royalty which shall be set by the board. The minimum royalty shall be allowed as a credit against production royalties d... |
79.14.420 | Mining contracts—Renewal of contract. | The lessee may apply for the renewal of a mining contract, except placer mining contracts issued pursuant to RCW 79.14.310 , to the department within ninety days before the expiration of the contract. Upon receipt of the application, the department shall make the necessary investigation to determine whether the terms o... |
79.14.430 | Prospecting and mining—Consolidation. | The holders of two or more mining contracts may consolidate the contracts under a common management to permit proper operation of large scale developments. Notification of such consolidation shall be made to the department, together with a statement of plans of operation and proposed consolidation. The department may t... |
79.14.440 | Prospecting and mining—Disclosure of information. | Any person designated by the department shall have the right at any time to enter upon the lands and inspect and examine the structures, works, and mines situated thereon, and shall also have the right to examine such books, records, and accounts of the lessee as are directly connected with the determination of royalti... |
79.14.450 | Prospecting and mining—Disposition of materials not covered by lease or contract. | The state shall have the right to sell or otherwise dispose of any surface resource, timber, rock, gravel, sand, silt, coal, or hydrocarbons, except minerals or materials specifically covered by a mineral prospecting lease or mining contract, found upon the land during the period covered by the lease or contract. The s... |
79.14.470 | Leases and option contracts authorized. | The department is authorized to execute option contracts and leases for the mining and extraction of coal from any public lands of the state, or to which it may hereafter acquire title, or from any lands sold or leased by the state the minerals of which have been reserved by the state.
[ 2003 c 334 s 414 ; 1927 c 255 s... |
79.14.480 | Application for option contract—Fee. | Any citizen of the United States believing coal to exist upon any of the lands described in RCW 79.14.470 may apply to the department for an option contract for any amount not exceeding one section for prospecting purposes, such application to be made by legal subdivision according to the public land surveys. The appli... |
79.14.490 | Investigation and issue of option contract. | (1) Upon the filing of any such application, the department shall forthwith investigate the character of the lands applied for, and if, from such investigation, it deems it to be in the best interests of the state, it shall enter into an option contract with the applicant. (2) The holder of any option contract shall be... |
79.14.500 | Damage to surface owner or lessee. | In the case of lands which the state may have sold or leased and reserved the mineral rights therein, if the holder of any option contract or lease is unable to agree with the owner or prior lessee of the lands, the holder shall have a right of action in the superior court of the county in which the land is situated to... |
79.14.510 | Lease—Application, terms, royalties. | At any time during the life of the option contract, the holder thereof may apply to the department for a coal mining lease of the lands included therein, or such portion thereof as the holder may specify, for the purpose of mining and extraction of coal therefrom. Such coal mining lease shall be for such term, not more... |
79.14.520 | Lease without option contract. | In the case of lands known to contain workable coal, the department may, in its discretion, issue coal mining leases under the provisions of RCW 79.14.510 although no option contract has been theretofore issued for such lands.
[ 2003 c 334 s 419 ; 1927 c 255 s 168 ; RRS s 7797-168. Prior: 1925 ex.s. c 155 s 6 . Formerl... |
79.14.530 | Confidential information. | The commissioner or any person designated by the commissioner has the right at any time to enter upon the lands and inspect and examine the structures, works, and mines situated thereon, and also has the right to examine such books, records, and accounts of the lessee as are directly connected with the operation of the... |
79.14.540 | Use and sale of materials from land. | The state shall have the right to sell or otherwise dispose of any timber, stone, or other valuable materials, except coal, found upon the land during the period covered by any option contract, or lease issued under the foregoing provisions, with the right to enter upon such lands and cut and remove the same, and shall... |
79.14.550 | Suspension of mining—Termination of lease. | Should the lessee for any reason, except strikes or inability to mine or dispose of output without loss, suspend mining operations upon the lands included in a lease, or upon any contiguous lands operated by the lessee in connection therewith, for a period of six months, or should the lessee for any reason suspend mini... |
79.14.560 | Condition of premises on termination. | Upon the termination of any lease issued under the foregoing provisions, the lessee shall surrender the lands and premises and leave in good order and repair all shafts, slopes, airways, tunnels, and watercourses then in use. Unless the coal therein is exhausted, the lessee shall also, as far as it is reasonably practi... |
79.14.570 | Re-lease—Procedure—Preference rights. | If at the expiration of any lease for the mining and extraction of coal or any renewal thereof the lessee desires to re-lease the lands covered thereby, the lessee may make application to the department for a re-lease. Such application shall be in writing and under oath, setting forth the extent, character, and value o... |
79.14.580 | Waste prohibited. | It shall be unlawful for the holder of any coal mining option contract, or any lessee, to commit any waste upon the lands embraced therein, except as may be incident to the work of prospecting or mining by the option contract holder or lessee.
[ 2003 c 334 s 425 ; 1927 c 255 s 174 ; RRS s 7797-174. Prior: 1925 ex.s. c ... |
79.14.900 | Severability—1955 c 131. | If any provision or section of this chapter shall be adjudicated to be unconstitutional, such adjudication shall not affect the validity of this chapter as a whole or any part thereof not adjudicated unconstitutional. If any provision of this chapter, or the application of such provision to any person or circumstances ... |
79.15.010 | Valuable materials sold separately. | (1) Valuable materials situated upon state lands and state forestlands may be sold separate from the land, when in the judgment of the department, it is for the best interest of the state so to sell the same. (2) Sales of valuable materials from any university lands require: (a) The consent of the board of regents of t... |
79.15.020 | Duties of department. | (1) The department shall exercise general supervision and control over the sale of valuable materials. (2) The department shall maintain all reports, data, and information in its records pertaining to a proposed sale. (3) The department may hold a sale in abeyance pending further inspection and report and may cause suc... |
79.15.030 | Rules or procedures for removal of valuable materials sold. | All sales of valuable materials shall be made subject to the right, power, and authority of the department to prescribe rules or procedures governing the manner of the sale and removal of the valuable materials. Such procedures shall be binding when contained within a purchaser's contract for valuable materials and app... |
79.15.040 | Sale of valuable materials without application or deposit. | The department may cause valuable materials on state lands and state forestlands to be inspected and appraised and offered for sale when authorized by the board without an application having been filed, or deposit made, for the purchase of the same.
[ 2003 c 334 s 341 ; 1961 c 73 s 2 ; 1959 c 257 s 17 ; 1927 c 255 s 42... |
79.15.045 | Who may purchase—Fee. | A person desiring to purchase valuable materials may make application to the department on forms provided by the department and accompanied by the fee provided in RCW 79.02.250 .
[ 2003 c 334 s 312 .]
Intent — 2003 c 334: See note following RCW 79.02.010 . |
79.15.050 | Type of sale—Direct sales. | (1) Except as provided in subsection (3) of this section, all sales of valuable materials exceeding $25,000 in appraised value must be at public auction or by sealed bid to the highest bidder, provided that on public lands granted to the state for educational purposes sealed bids may be accepted for sales of timber or ... |
79.15.055 | Appraisal—Defined. | For the purposes of this chapter, "appraisal" means an estimate of the market value of valuable materials. The estimate must reflect the value based on market conditions at the time of the sale or transfer offering. The appraisal must reflect the department's best effort to establish a reasonable market value for the p... |
79.15.060 | Date of sale limited by time of appraisal—Transfer of authority. | (1) For the sale of valuable materials under this chapter, if the board is required by law to appraise the sale, the board must establish a minimum appraisal value that is valid for a period of one hundred eighty days, or a longer period as may be established by resolution. The board may reestablish the minimum apprais... |
79.15.070 | Time and date of sale. | *** CHANGE IN 2026 *** (SEE 2348.SL ) ***
It is the duty of the department to fix the date, time, and place of sale. (1) All valuable materials shall have been appraised prior to the date fixed for sale as prescribed in RCW 79.15.060 . (2) No sale may be conducted on any day that is a legal holiday. (3) Sales must be h... |
79.15.080 | Advertising sales of valuable materials. | *** CHANGE IN 2026 *** (SEE 2348.SL ) ***
(1) Sales, other than direct sales, appraised at an amount not exceeding two hundred fifty thousand dollars, when authorized by the board for sale, shall be advertised by publishing not less than ten days prior to sale a notice of such sale in a newspaper of general circulation... |
79.15.090 | Advertisement for informational purposes only. | The advertisement of sales is for informational purposes only, and under no circumstances does the information in the notice of sale constitute a warranty that the purchaser will receive the stated values, volumes, or acreage. All purchasers are expected to make their own measurements, evaluations, and appraisals.
[ 20... |
79.15.100 | Terms and conditions of sale—Exemption for forest biomass. | (1) Valuable materials may be sold separately from the land as a "lump sum sale" or as a "scale sale." (a) "Lump sum sale" means any sale offered with a single total price applying to all the material conveyed. (b) "Scale sale" means any sale offered with per unit prices to be applied to the material conveyed. (2) Paym... |
79.15.110 | Conduct of sales. | (1) Sales of valuable materials must be conducted under the direction of the department or its authorized representative. (a) Sales of valuable materials, unless otherwise provided in this chapter, shall be at public auction or by sealed bid to the highest bidder, except that, on public lands granted to the state for e... |
79.15.120 | Confirmation of sale. | The department shall enter upon its records a confirmation of sale and issue to the purchaser a bill of sale for valuable materials if the following conditions have been met: (1) No fewer than ten days have passed since the auctioneer's report has been filed; (2) No affidavit is filed with the department showing that t... |
79.15.130 | Bill of sale. | When valuable materials are sold separately from the land and the purchase price is paid in full, the department shall prepare a bill of sale. The bill of sale shall: (1) State the time period for removing the material; (2) Be signed by the commissioner and attested by the seal of the commissioner's office upon full pa... |
79.15.140 | Valuable materials contract—Impracticable to perform/cancellation—Substitute valuable materials. | (1) In the event that the department determines that regulatory requirements or some other circumstance beyond the control of both the department and the purchaser has made a valuable materials contract wholly or partially impracticable to perform, the department may cancel any portion of the contract which could not b... |
79.15.150 | Reoffer. | *** CHANGE IN 2026 *** (SEE 2348.SL ) ***
A sale of valuable materials that has been offered, and for which there are no bids received, shall not be reoffered until it has been readvertised as prescribed in RCW 79.11.130 .
[ 2003 c 334 s 351 .]
Intent — 2003 c 334: See note following RCW 79.02.010 . |
79.15.210 | Findings—Damage to timber. | From time to time timber on state land is damaged by events such as fire, windstorms, and flooding. After such events the timber becomes very susceptible to loss of value and quality due to rot and disease. To obtain maximum value for the state, it is important to sell any damaged timber as fast as possible while provi... |
79.15.220 | Sale of damaged valuable materials. | When the department finds valuable materials on state land that are damaged by fire, wind, flood, or from any other cause, it shall determine if the salvage of the damaged valuable materials is in the best interest of the trust for which the land is held, which may include the salvage of forest biomass under chapter 79... |
79.15.300 | Contracts—Forfeiture—Royalties—Monthly reports. | (1) The department, upon application by any person, may enter into a contract providing for the sale and removal of rock, gravel, sand, and silt located upon state lands or state forestlands, and providing for payment to be made on a royalty basis. (2) The issuance of a contract shall be made after public auction and s... |
79.15.320 | Road material—Sale to public authorities—Disposition of proceeds. | (1) Any county, city, or town may file with the department an application to purchase any stone, rock, gravel, or sand upon any state lands or state forestlands to be used in the construction, maintenance, or repair of any public street, road, or highway within such county, city, or town. (2) Applications shall set for... |
79.15.400 | License to remove firewood authorized. | The department may issue licenses to residents of this state to enter upon lands under the administration or jurisdiction of the department for the purpose of removing therefrom, standing or downed timber which is unfit for any purpose except to be used as firewood.
[ 2003 c 334 s 230 ; 1975 c 10 s 1 ; 1945 c 97 s 1 ; ... |
79.15.410 | Removal only for personal use. | In addition to other matters which may be required to be contained in the application for a license under this chapter the applicant must certify that the wood so removed is to be only for the applicant's own personal use and in his or her own home and that the applicant will not dispose of it to any other person.
[ 20... |
79.15.420 | Issuance of license—Fee. | The application may be made to the department, and if deemed proper, the license may be issued upon the payment of two dollars and fifty cents which shall be paid into the treasury of the state by the officer collecting the same and placed in the resource management cost account or forest development account, as applic... |
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