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79.36.480 | Railroad right-of-way—Improvements—Appraisal. | Should any improvements, made by anyone not holding adversely to the state at the time of making such improvements or made in good faith by a lessee of the state whose lease had not been canceled or was not subject to cancellation for any cause, or made upon the land by mistake, be upon any of such lands at the time of... |
79.36.490 | Railroad right-of-way—Release or payment of damages. | When the construction or proposed construction of said railroad affects the value of improvements on state lands not situated on the right-of-way or extra widths, the applicant for said right-of-way shall file with the department a valid release of damages duly executed by the owner or owners of such improvements, or a... |
79.36.500 | Railroad right-of-way—Certificate. | Upon full payment of the appraised value of any right-of-way for a railroad and of damages to state lands affected, the department shall issue to the railroad company applying for such right-of-way a certificate in such form as the department may prescribe, in which the terms and conditions of said easement shall be se... |
79.36.510 | Utility pipe lines, transmission lines, etc. | A right-of-way through, over, and across any state lands or state forestlands, may be granted to any municipal or private corporation, company, association, individual, or the United States of America, constructing or proposing to construct, or which has heretofore constructed, any telephone line, ditch, flume, or pipe... |
79.36.520 | Utility pipe lines, transmission lines, etc.—Procedure to acquire. | In order to obtain the benefits of the grant made in RCW 79.36.510 , the municipal or private corporation or company, association, individual, or the United States of America, constructing or proposing to construct, or which has heretofore constructed, such telephone line, ditch, flume, pipe line, or transmission line,... |
79.36.530 | Utility pipe lines—Appraisal—Certificate—Reversion. | Upon the filing of the plat and field notes, as provided in RCW 79.36.520 , the land applied for and the valuable materials on the right-of-way applied for, and the marked danger trees to be felled off the right-of-way, if any, and the improvements included in the right-of-way applied for, if any, shall be appraised as... |
79.36.540 | Right-of-way for irrigation, diking, and drainage purposes. | A right-of-way through, over and across any state lands is hereby granted to any irrigation district, or irrigation company duly organized under the laws of this state, and to any association, individual, or the United States of America, constructing or proposing to construct an irrigation ditch or pipe line for irriga... |
79.36.550 | Right-of-way for irrigation, diking, and drainage purposes—Procedure to acquire. | In order to obtain the benefits of the grant provided for in RCW 79.36.540 , the irrigation district, irrigation company, association, individual, or the United States of America, constructing or proposing to construct such irrigation ditch or pipe line for irrigation, or the diking and drainage district or diking and ... |
79.36.560 | Right-of-way for irrigation, diking, and drainage purposes—Appraisal—Certificate. | Upon the filing of the plat and field notes as provided in RCW 79.36.550 , the lands included within the right-of-way applied for shall be appraised as in the case of an application to purchase such lands, at the full market value thereof. Upon full payment of the appraised value of the lands the department shall issue... |
79.36.570 | Grant of overflow rights. | The department shall have the power to grant to any person or corporation the right, privilege, and authority to perpetually back and hold water upon or over any state lands, and overflow such lands and inundate the same, whenever the department shall deem it necessary for the purpose of erecting, constructing, maintai... |
79.36.580 | Construction of foregoing sections. | The foregoing sections relating to the acquiring of rights-of-way and overflow rights through, over and across lands belonging to the state, shall not be construed as exclusive or as affecting the right of municipal and public service corporations to acquire lands belonging to or under control of the state, or rights-o... |
79.36.590 | Easement reserved in later grants. | All state lands hereafter granted, sold or leased shall be subject to the right of the state, or any grantee or lessee or successor in interest thereof hereafter acquiring other state lands, or acquiring the timber, stone, mineral or other natural products thereon, or the manufactured products thereof to acquire the ri... |
79.36.600 | Private easement over state lands. | Every grant, deed, conveyance, lease or contract hereafter made to any person, firm or corporation over and across any state lands for the purpose of right-of-way for any logging and/or lumbering railroad, private railroad, skid road, flume, canal, watercourse or other easement to be used in the hauling of timber, ston... |
79.36.610 | Easement over public lands subject to common user. | Any person, firm or corporation hereafter acquiring the right-of-way or other easement over state lands or over any tide or shore lands [tidelands or shorelands] belonging to the state, or over and across any navigable water or stream for the purpose of transporting or moving timber, stone, mineral, or other natural pr... |
79.36.620 | Reservations in grants and leases. | Whenever any person, firm, or corporation shall hereafter purchase, lease, or acquire any state lands, or any easement or interest therein, or any timber, stone, mineral, or other natural products thereon, or the manufactured products thereof the purchase, lease, or grant shall be subject to the condition or reservatio... |
79.36.630 | Duty of utilities and transportation commission. | Should the owner or operator of any logging and/or lumbering railroad, private railroad, skid road, flume, canal, watercourse, or other easement operating over lands hereafter acquired from the state, as in RCW 79.36.590 through 79.36.650 set out, fail to agree with the state or with any subsequent grantee or successor... |
79.36.640 | Penalty for violating utilities and transportation commission's order. | In case any person, firm, or corporation owning and/or operating any logging and/or lumbering railroad, private railroad, skid road, flume, canal, watercourse, or other easement subject to the provisions of RCW 79.36.590 through 79.36.650 shall fail to comply with any rule or order made by the utilities and transportat... |
79.36.650 | Applications—Appraisement—Certificate—Forfeiture—Fee. | Any person, firm, or corporation shall have a right-of-way over public lands, subject to the provisions of RCW 79.36.590 through 79.36.650 , when necessary, for the purpose of hauling or removing timber, stone, mineral, or other natural products or the manufactured products thereof of the land. Before, however, any suc... |
79.38.010 | Acquisition of property for access to public lands. | In addition to any authority otherwise granted by law, the department shall have the authority to acquire lands, interests in lands, and other property for the purpose of affording access by road to public lands from any public highway.
[ 2004 c 199 s 221 ; 2003 c 334 s 499 ; 1961 c 44 s 1 .]
Part headings not law — 20... |
79.38.020 | Exchange of easement rights. | To facilitate the carrying out of the purpose of this chapter, the department may: (1) Grant easements, rights-of-way, and permits to cross public lands to any person in exchange for similar rights over lands not under its jurisdiction; (2) Enter into agreements with any person or agency relating to purchase, construct... |
79.38.030 | Use of roads by purchasers of valuable materials. | Purchasers of valuable materials from public lands may use access roads or public roads for the removal of such materials where the rights acquired by the state will permit, but use shall be subject to the right of the department: (1) To impose reasonable terms for the use, construction, reconstruction, maintenance, an... |
79.38.040 | Permits for use of roads. | Whenever the department finds that it is for the best interest of the state and where the rights acquired by the state will permit, the department may grant permits for the use of access roads to any person. Any permit issued under the authority of this section shall be subject to reasonable regulation by the departmen... |
79.38.050 | Access road revolving fund. | The department shall create, maintain, and administer a revolving fund, to be known as the access road revolving fund in which shall be deposited all moneys received by it from users of access roads as payment for costs incurred or to be incurred in maintaining, repairing, and reconstructing access roads, or public roa... |
79.38.060 | Use of moneys not deposited in revolving fund. | All moneys received by the department from users of access roads that are not deposited in the access road revolving fund shall be paid as follows: (1) To reimburse the state fund or account from which expenditures have been made for the acquisition, construction, or improvement of the access road or public road, and u... |
79.38.070 | Department-county agreements for improvement of access roads. | The department may enter into agreements with the county to: (1) Identify public roads used to provide access to state forestlands in need of improvement; (2) Establish a time schedule for the improvements; (3) Advance payments to the county to fund the road improvements. However, no more than fifty percent of the acce... |
79.44.003 | "Assessing district" defined. | As used in this chapter "assessing district" means: (1) Incorporated cities and towns; (2) Diking districts; (3) Drainage districts; (4) Port districts; (5) Irrigation districts; (6) Water-sewer districts; (7) Counties; (8) Weed boards and weed districts; and (9) Any municipal corporation or public agency having power ... |
79.44.004 | "Assessment" defined. | As used in this chapter, "assessment" shall mean any assessment, rate or charge levied, assessed, imposed, or charged by any assessing district as defined in RCW 79.44.003 , and which assessments, rates or charges by statute are expressly made applicable to lands of the state.
[ 1989 c 243 s 16 .] |
79.44.010 | Lands subject to local assessments. | All lands, including school lands, granted lands, escheated lands, or other lands, held or owned by the state of Washington in fee simple (in trust or otherwise), situated within the limits of any assessing district in this state, may be assessed and charged for the cost of local or other improvements specially benefit... |
79.44.020 | State to be charged its proportion of cost—Construction of chapter. | In all local improvement assessment districts in any assessing district in this state, property in such district, held or owned by the state shall be assessed and charged for its proportion of the cost of such local improvements in the same manner as other property in such district, it being the intention of this chapt... |
79.44.030 | Apportioning cost on leaseholds. | Where lands of the state are under lease, the proportionate amounts to be assessed against the leasehold interest, and the fee simple interest of the state, shall be fixed with reference to the life of the improvement and the period for which the lease has yet to run.
[ 2003 c 334 s 507 ; 1919 c 164 s 3 ; RRS s 8127. C... |
79.44.040 | Notice to state of intention to improve, or impose assessment—Consent—Notice to port commission. | Notice of the intention to make such improvement, or impose any assessment, together with the estimate of the amount to be charged to each lot, tract or parcel of land, or other property owned by the state to be assessed, shall be forwarded by registered or certified mail to the chief administrative officer of the agen... |
79.44.050 | Certification of roll—Penalties, interest. | Upon the approval and confirmation of the assessment roll ordered by the proper authorities of any assessing district, the treasurer of such assessing district shall certify and forward to the chief administrative officer of the agency of state government occupying, using, or having jurisdiction over the lands, a state... |
79.44.060 | Payment procedure—Lands not subject to lien, exception. | When the chief administrative officer of an agency of state government is satisfied that an assessing district has complied with all the conditions precedent to the levy of assessments for district purposes, pursuant to this chapter against lands occupied, used, or under the jurisdiction of the officer's agency, he or ... |
79.44.070 | Enforcement against lessee or contract holder. | When any assessing district has made or caused to be made an assessment against such leasehold, contractual, or possessory interest for any such local improvement, the treasurer of that assessing district shall immediately give notice to the chief administrative officer of the agency having jurisdiction over the lands.... |
79.44.080 | Foreclosure against leasehold or contract interest—Cancellation of lease or contract. | Whenever any assessing district shall have foreclosed the lien of any such delinquent assessments, as provided by law, and shall have obtained title to such leasehold, contractual, or possessory interest, the chief administrative officer of the agency having jurisdiction over the lands shall be notified by registered o... |
79.44.090 | Payment by state after forfeiture of lease or contract. | If by reason of default in the payment of rentals or installments, or other causes, the state shall cancel any lease or contract against which assessments have been levied as herein provided, the chief administrative officer of the agency having jurisdiction over the lands shall cause such assessments or installments a... |
79.44.095 | Assessments paid by state to be added to purchase price of land. | When any land, other than lands occupied and used in connection with state institutions, owned or held by the state within incorporated cities, towns, diking, drainage or port districts in this state, against which local improvement assessments have been paid, as herein provided for, is offered for sale, there shall be... |
79.44.100 | Assignment of lease or contract to purchaser at foreclosure sale. | Whenever any such tide, state, school, granted, or other lands situated within the limits of any assessing district, has been included within any local improvement district by such assessing district, and the contract, leasehold, or other interest of any individual has been sold to satisfy the lien of such assessment f... |
79.44.120 | When assessments need not be added in certain cases. | Whenever any state school, granted, tide, or other public lands of the state shall have been charged with local improvement assessments under any local improvement assessment district in any incorporated city, town, irrigation, diking, drainage, port, weed, or pest district, or any other district now authorized by law ... |
79.44.130 | Local provisions superseded. | The provisions of this chapter shall apply to all assessing districts as herein defined, any charter or ordinance provisions to the contrary notwithstanding.
[ 1963 c 20 s 11 ; 1919 c 164 s 11 ; RRS s 8135. Cf. 1909 c 154 s 8 .] |
79.44.140 | Application of chapter—Eminent domain assessments. | The provisions of this chapter shall apply to all local improvements initiated after June 11, 1919, including assessments to pay the cost and expense of taking and damaging property by the power of eminent domain, as provided by law: PROVIDED, That in case of eminent domain assessments, it shall not be necessary to for... |
79.44.190 | Acquisition of property by state or political subdivision which is subject to unpaid assessments or delinquencies—Payment of lien or installments. | When real property subject to an unpaid special assessment for a local improvement levied by any political subdivision of the state authorized to form local improvement or utility local improvement districts is acquired by purchase or condemnation by the state or any political subdivision thereof, including but not lim... |
79.64.010 | Definitions. | As used in this chapter, "rule" means rule as that term is defined by RCW 34.05.010 .
[ 2003 c 334 s 519 ; 1967 ex.s. c 63 s 1 ; 1961 c 178 s 1 .]
Intent — 2003 c 334: See note following RCW 79.02.010 . |
79.64.020 | Resource management cost account—Use. | A resource management cost account in the state treasury is created to be used solely for the purpose of defraying the costs and expenses necessarily incurred by the department in managing and administering state lands and aquatic lands and the making and administering of leases, sales, contracts, licenses, permits, ea... |
79.64.030 | Expenditures of certain funds in the resource management cost account to be for trust lands—Use for other lands—Repayment—Ordinary cost not deductible from sale proceeds—Accounting. | Funds in the resource management cost account from the moneys received from leases, sales, contracts, licenses, permits, easements, and rights-of-way issued by the department and affecting school lands, university lands, scientific school lands, normal school lands, capitol building lands, or institutional lands shall ... |
79.64.040 | Deductions from proceeds of all transactions authorized—Limitations. | (1) The board shall determine the amount deemed necessary in order to achieve the purposes of this chapter and shall provide by rule for the deduction of this amount from the moneys received from all leases, sales, contracts, licenses, permits, easements, and rights-of-way issued by the department and affecting state l... |
79.64.050 | Deductions to be paid into resource management cost account. | All deductions from moneys received made in accordance with RCW 79.64.040 shall be paid into the resource management cost account and the balance shall be paid into the state treasury to the credit of the fund otherwise entitled to the proceeds.
[ 2003 c 334 s 523 ; 2001 c 250 s 17 ; 1961 c 178 s 5 .]
Intent — 2003 c 3... |
79.64.060 | Rules relating to account. | The board shall adopt such rules as it deems necessary and proper for the purpose of carrying out the provisions of RCW 79.64.010 through 79.64.070 .
[ 1983 c 3 s 203 ; 1961 c 178 s 6 .] |
79.64.070 | Severability—1961 c 178. | If any provision of RCW 79.64.010 through 79.64.070 , or its application to any person or circumstance is held invalid, the remainder of RCW 79.64.010 through 79.64.070 , or the application of the provision to other persons or circumstances is not affected.
[ 1983 c 3 s 204 ; 1961 c 178 s 7 .] |
79.64.090 | Agricultural college trust management account—Creation. | The agricultural college trust management account is created in the state treasury. To this account shall be deposited such funds as the legislature directs or appropriates. Moneys in the agricultural college trust management account may be spent only after appropriation. Expenditures from this account may be used only... |
79.64.095 | Natural resources federal lands revolving account. | The natural resources federal lands revolving account is created in the custody of the state treasurer. All receipts from the proceeds of good neighbor agreements as defined in RCW 79.02.010 and implemented by the department of natural resources and all legislative transfers, gifts, grants, and federal funds designated... |
79.64.100 | Forest development account. | (1) There is created a forest development account in the state treasury. The state treasurer shall keep an account of all sums deposited, expended, or withdrawn from the account. (2)(a) Any sums placed in the forest development account shall be pledged for the purpose of: (i) Paying interest and principal on the bonds ... |
79.64.110 | Revenue distribution. | (1) Any moneys derived from the lease of state forestlands or from the sale of valuable materials, oils, gases, coal, minerals, or fossils from those lands, except as provided in RCW 79.64.130 , or the appraised value of these resources when transferred to a public agency under RCW 79.22.060 , must be distributed as fo... |
79.64.120 | Retirement of interfund loans—Transfer of timber cutting rights on state forestlands acquired under RCW79.22.010to the federal land grant trusts—Distribution of revenue from timber management activities. | (1) The department is authorized to: (a) Determine the total present account balance with interest of the interfund loans made by the resource management cost account to the forest development account in accordance with generally accepted accounting principles; (b) Subject to approval of the board, effectuate a transfe... |
79.64.130 | Forest health revolving account. | (1)(a) The forest health revolving account is created in the custody of the state treasurer. All receipts from the proceeds of forest health treatment sales as defined in this section and RCW 79.10.520 and 79.10.530 and all legislative transfers, gifts, grants, and federal funds must be deposited into the account. Expe... |
79.70.010 | Purpose. | The purpose of this chapter is to establish a state system of natural area preserves and a means whereby the preservation of these aquatic and land areas can be accomplished. All areas within the state, except those which are expressly dedicated by law for preservation and protection in their natural condition, are sub... |
79.70.020 | Definitions. | The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Department" means the department of natural resources. (2) "Natural areas" and "natural area preserves" include such public or private areas of land or water which have retained their natural character, alt... |
79.70.030 | Powers of department. | In order to set aside, preserve, and protect natural areas within the state, the department is authorized, in addition to any other powers, to: (1) Establish the criteria for selection, acquisition, management, protection, and use of such natural areas, including: (a) Limiting public access to natural area preserves co... |
79.70.040 | Powers as to transactions involving public lands deemed natural areas—Alienation of lands designated natural area preserves. | The department is further authorized to purchase, lease, set aside, or exchange any public lands which are deemed to be natural areas: PROVIDED, That the appropriate state land trust receives the fair market value for any interests that are disposed of: PROVIDED, FURTHER, That such transactions are approved by the boar... |
79.70.060 | Legislative findings—Natural heritage resources. | The legislature finds: (1) That it is necessary to establish a process and means for public and private sector cooperation in the development of a system of natural areas. Private and public landowners should be encouraged to participate in a program of natural area establishment which will benefit all citizens of the ... |
79.70.070 | Natural heritage advisory council. | (1) The natural heritage advisory council is hereby established. The council shall consist of fifteen members, ten of whom shall be chosen as follows and who shall elect from the council's membership a chairperson: (a) Five individuals, appointed by the commissioner, who shall be recognized experts in the ecology of na... |
79.70.080 | Council duties. | (1) The council shall: (a) Meet at least annually and more frequently at the request of the chairperson; (b) Recommend policy for the natural heritage program through the review and approval of the natural heritage plan; (c) Advise the department, the department of fish and wildlife, the state parks and recreation comm... |
79.70.090 | Dedication of property as natural area. | (1) The owner of a registered natural area, whether a private individual or an organization, may voluntarily agree to dedicate the area as a natural area by executing with the state an instrument of dedication in a form approved by the council. The instrument of dedication shall be effective upon its recording in the r... |
79.70.100 | Public hearing—Establishment of boundary. | The department shall hold a public hearing in the county where the majority of the land in a proposed natural area preserve is located prior to establishing the boundary. During the 2023-2025 fiscal biennium, this section does not apply to section 3034, chapter 375, Laws of 2024. During the 2025-2027 fiscal biennium, t... |
79.70.110 | Important bird areas. | (1) The program may use information collected by a qualifying nonprofit organization to recognize important bird areas. The program should, to the greatest extent possible, coordinate with and use internationally agreed-upon, scientific criteria and protocols developed by a qualifying nonprofit organization to official... |
79.70.120 | Important bird area—Recognition requirements. | Prior to recognizing an important bird area under this chapter, the department must: (1) Publish notice of the proposed important bird area in the Washington state register; (2) Publish notice of the proposed important bird area in a newspaper of general circulation in the county where the proposed important bird area ... |
79.70.130 | Distribution of amount in lieu of real property taxes, weed control assessment. | The state treasurer, on behalf of the department, must distribute to counties for all lands acquired for the purposes of this chapter an amount in lieu of real property taxes equal to the amount of tax that would be due if the land were taxable as open space land under chapter 84.34 RCW except taxes levied for any stat... |
79.70.900 | Construction—1972 ex.s. c 119. | Nothing in this chapter is intended to supersede or otherwise affect any existing legislation.
[ 1972 ex.s. c 119 s 6 .] |
79.71.010 | Legislative findings. | The legislature finds that: (1) There is an increasing and continuing need by the people of Washington for certain areas of the state to be conserved, in rural as well as urban settings, for the benefit of present and future generations; (2) such areas are worthy of conservation for their outstanding scenic and ecologi... |
79.71.020 | Characteristics of lands considered for conservation purposes. | Lands possessing the following characteristics are considered by the legislature to be worthy of consideration for conservation purposes: (1) Lands identified as having high priority for conservation, natural systems, wildlife, and low-impact public use values; (2) An area of land or water, or land and water, that has ... |
79.71.030 | Definitions. | As used in this chapter: "Commissioner" means the commissioner of public lands. "Department" means the department of natural resources. "Conservation purposes" include but are not limited to: (1) Maintaining, enhancing, or restoring ecological systems, including but not limited to aquatic, coastal, riparian, montane, a... |
79.71.040 | Acquisition of property for natural resources conservation areas—Designation. | The department is authorized to acquire property or less than fee interests in property, as defined by RCW 64.04.130 , by all means, except eminent domain, for creating natural resources conservation areas, where acquisition is the best way to achieve the purposes of this chapter. Areas acquired or assembled by the dep... |
79.71.050 | Transfer of trust land for natural resources conservation areas—Use of proceeds. | The department is authorized to transfer fee simple interest or less than fee interests in trust land, as defined by Article XVI of the Washington Constitution, for the creation of natural resources conservation areas, provided the owner of the trust land receives full fair market value compensation for all rights tran... |
79.71.060 | Public hearing on proposed conservation area. | The department shall hold a public hearing in the county where the majority of the land in the proposed natural resources conservation area is located prior to establishing the boundary. An area proposed for designation must contain resources consistent with characteristics identified in RCW 79.71.020 . During the 2023... |
79.71.070 | Management plans for designated areas. | The department shall develop a management plan for each designated area. The plan shall identify the significant resources to be conserved consistent with the purposes of this chapter and identify the areas with potential for low-impact public and environmental educational uses. The plan shall specify what types of man... |
79.71.080 | Administration of natural resources conservation areas—Management agreements and activities. | The department is authorized to administer natural resources conservation areas and may enter into management agreements for these areas with federal agencies, state agencies, local governments, and private nonprofit conservancy corporations, as defined in RCW 64.04.130 , when such agreements are consistent with the pu... |
79.71.090 | Natural resources conservation areas stewardship account. | There is hereby created the natural resources conservation areas stewardship account in the state treasury to ensure proper and continuing management of land acquired or designated pursuant to this chapter. Funds for the stewardship account shall be derived from appropriations of state general funds, federal funds, gra... |
79.71.100 | Designation of certain areas as natural resources conservation areas. | The legislature hereby designates certain areas as natural resources conservation areas: (1) The Mt. Si conservation area (King County), RCW 79A.05.725 , is hereby designated the Mt. Si natural resources conservation area. The department is directed to continue its management of this area and to develop a plan for its ... |
79.71.120 | Elk river natural resources conservation area—Transfer of management—Hunting opportunities. | The property currently designated as the Elk river natural area preserve is transferred from management under chapter 79.70 RCW as a natural area preserve to management under chapter 79.71 RCW as a natural resources conservation area. The legislature finds that hunting is a suitable low-impact public use within the Elk... |
79.71.130 | Distribution of amount in lieu of real property taxes, weed control assessment. | The state treasurer, on behalf of the department, must distribute to counties for all lands acquired for the purposes of this chapter an amount in lieu of real property taxes equal to the amount of tax that would be due if the land were taxable as open space land under chapter 84.34 RCW except taxes levied for any stat... |
79.73.010 | Management and control. | Except as provided in chapter 79A.05 RCW, the portion of the Milwaukee Road corridor from the west end of the bridge structure over the Columbia river, which point is located in section 34, township 16 north, range 23 east, W.M., to the Idaho border purchased by the state shall be under the management and control of th... |
79.73.020 | Recreational use—Permit—Rules—Fees. | The portion of the Milwaukee Road corridor under management and control of the department shall be open to individuals or organized groups that obtain permits from the department to travel the corridor for recreational purposes. The department shall, for the purpose of issuing permits for corridor use, adopt rules nece... |
79.73.030 | Powers. | The department may do the following with respect to the portion of the Milwaukee Road corridor under its control: (1) Enter into agreements to allow the realignment or modification of public roads, farm crossings, water conveyance facilities, and other utility crossings; (2) Regulate activities and restrict uses, inclu... |
79.73.040 | Leasing—Duties with respect to unleased portions. | (1) The department shall offer to lease, and shall subsequently lease if a reasonable offer is made, portions of the Milwaukee Road corridor under its control to the person who owns or controls the adjoining land for periods of up to ten years commencing with June 7, 1984. The lessee shall assume the responsibility for... |
79.73.050 | Authority to terminate or modify leases—Notice. | The state, through the department, shall reserve the right to terminate a lease entered into pursuant to RCW 79.73.040 or modify authorized uses of the corridor for future recreation, transportation, or utility uses. If the state elects to terminate the lease, the state shall provide the lessee with a minimum of six mo... |
79.100.005 | Findings. | The legislature finds that there has been an increase in the number of derelict and abandoned vessels that are either grounded or anchored upon publicly or privately owned submerged lands. These vessels are public nuisances and safety hazards as they often pose hazards to navigation, detract from the aesthetics of Wash... |
79.100.010 | Definitions. | *** CHANGE IN 2026 *** (SEE 2199-S.SL ) ***
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Abandoned vessel" means a vessel that has been left, moored, or anchored in the same area without the express consent, or contrary to the rules of, the owner, man... |
79.100.020 | Chapter not exclusive remedy. | This chapter is not intended to limit or constrain the ability and authority of the authorized public entities to enact and enforce ordinances or other regulations relating to derelict and abandoned vessels, or to take any actions authorized by federal or state law in responding to derelict or abandoned vessels. This c... |
79.100.030 | Authority of authorized public entity—Owner retains primary responsibility—Limitation on civil liability. | (1) An authorized public entity has the authority, subject to the processes and limitations of this chapter, to store, strip, use, auction, sell, salvage, scrap, or dispose of an abandoned or derelict vessel found on or above aquatic lands within the jurisdiction of the authorized public entity. A vessel disposal must ... |
79.100.040 | Obtaining custody of vessel. | (1) Prior to exercising the authority granted in RCW 79.100.030 , the authorized public entity must first obtain custody of the vessel. To do so, the authorized public entity must: (a) Mail notice of its intent to obtain custody, at least 10 days prior to taking custody, to the last known address of the previous owner ... |
79.100.050 | Use or disposal of vessel. | (1) After taking custody of a vessel, the authorized public entity may use or dispose of the vessel in any appropriate and environmentally sound manner without further notice to any owners, but must give preference to uses that derive some monetary benefit from the vessel, either in whole or in scrap. If no value can b... |
79.100.060 | Reimbursement for costs. | (1) The owner of an abandoned or derelict vessel, or any person or entity that has incurred secondary liability for an abandoned or derelict vessel under this chapter or RCW 88.26.030 , is responsible for reimbursing an authorized public entity for all reasonable and auditable costs associated with the removal or dispo... |
79.100.070 | Contract with private company/individual. | An authorized public entity may enter into a contract with a private company or individual to carry out the authority granted in this chapter.
[ 2002 c 286 s 8 .] |
79.100.080 | Chapter not exclusive. | The rights granted by this chapter are in addition to any other legal rights an authorized public entity may have to obtain title to, remove, recover, sell, or dispose of an abandoned or derelict vessel, and in no way does this chapter alter those rights, or affect the priority of other liens on a vessel.
[ 2002 c 286 ... |
79.100.100 | Derelict vessel removal account. | (1)(a) The derelict vessel removal account is created in the state treasury. All receipts from RCW 79.100.050 and 79.100.060 and those moneys specified in RCW 88.02.640 must be deposited into the account. The account is authorized to receive fund transfers and appropriations from the general fund, deposits from the der... |
79.100.110 | Vessel abandoned or derelict upon aquatic lands—Causing a vessel to block a navigational channel—Penalty. | (1) A person who causes a vessel to become abandoned or derelict upon aquatic lands is guilty of a misdemeanor. (2) A person who intentionally, through action or inaction and without the appropriate state, local, or federal authorization, causes a vessel to sink, break up, or block a navigational channel upon aquatic l... |
79.100.120 | Contesting an authorized public entity's decision to take temporary custody or possession of a vessel—Contesting the amount of reimbursement. | (1)(a) An owner or lienholder seeking to contest an authorized public entity's decision to take temporary possession or custody of a vessel under this chapter, or to contest the amount of reimbursement owed to an authorized public entity under this chapter, may request a hearing in accordance with this section. (b) A t... |
79.100.130 | Private moorage facility owner may contract with a local government—Contract requirements. | (1) A private moorage facility owner, as those terms are defined in RCW 88.26.010 , may contract with the department or a local government for the purpose of participating in the derelict vessel removal program. (2) If a contract is completed under this section, the department or local government shall serve as the aut... |
79.100.140 | Authority to board a vessel—Administrative search warrant. | (1) An officer or employee of an authorized public entity, or the department of ecology at the request of an authorized public entity, may, consistent with subsection (2) of this section, board any vessel at any reasonable time for the purpose of: (a) Administering this chapter, including identifying ownership of a ves... |
79.100.150 | Transfer of certain vessels—Vessel inspection—Secondary liability. | (1) A vessel owner must obtain a vessel inspection under this section prior to transferring a vessel that is: (a) More than thirty-five feet in length and more than forty years old; and (b) Either: (i) Is registered or required to be registered under chapter 88.02 RCW; or (ii) Is listed or required to be listed under c... |
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