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79.100.160 | Voluntary vessel turn-in program. | (1) The department may develop and administer a voluntary vessel turn-in program. (2) The purpose of the vessel turn-in program is to allow the department to dismantle and dispose of vessels that pose a high risk of becoming a derelict vessel or abandoned vessel, but that do not yet meet the definition of those terms. ... |
79.100.170 | Transfer of ownership of certain vessels—Marine insurance policy. | (1) Any individual or company that purchases or otherwise receives a used vessel greater than thirty-five feet in length and more than forty years old must, prior to or concurrent with the transfer of ownership, secure a marine insurance policy consistent with this section. Proof of the marine insurance policy must be ... |
79.100.180 | Derelict vessel removal fee. | (1)(a) Except as otherwise provided in (b) of this subsection, an annual derelict vessel removal fee is imposed upon all persons required by RCW 84.40.065 to list any ship or vessel with the department of revenue for state property tax purposes. (b) The derelict vessel removal fee imposed in (a) of this subsection does... |
79.100.901 | Effective date—2002 c 286. | This act takes effect January 1, 2003.
[ 2002 c 286 s 26 .] |
79.105.001 | Intent—2005 c 155. | This act is intended to make technical amendments to certain codified statutes that deal with the department of natural resources. Any statutory changes made by this act should be interpreted as technical in nature and not be interpreted to have any substantive policy implications.
[ 2005 c 155 s 1001 .] |
79.105.010 | Aquatic lands—Findings. | The legislature finds that state-owned aquatic lands are a finite natural resource of great value and an irreplaceable public heritage. The legislature recognizes that the state owns these aquatic lands in fee and has delegated to the department the responsibility to manage these lands for the benefit of the public. Th... |
79.105.020 | Purpose—Articulation of management philosophy. | The purpose of RCW 79.105.060 , 79.105.230 , 79.105.280 , and 79.105.010 through 79.105.040 is to articulate a management philosophy to guide the exercise of the state's ownership interest and the exercise of the department's management authority, and to establish standards for determining equitable and predictable lea... |
79.105.030 | Aquatic lands—Management guidelines. | The management of state-owned aquatic lands shall be in conformance with constitutional and statutory requirements. The manager of state-owned aquatic lands shall strive to provide a balance of public benefits for all citizens of the state. The public benefits provided by state-owned aquatic lands are varied and includ... |
79.105.040 | Application to existing property rights—Application of shoreline management act. | Nothing in *this chapter or RCW 79.120.040 or 79.120.060 shall modify or affect any existing legal rights involving the boundaries of, title to, or vested property rights in aquatic lands or waterways. Nothing in *this chapter shall modify, alter, or otherwise affect the applicability of chapter 90.58 RCW.
[ 2005 c 155... |
79.105.050 | Fostering use of aquatic environment—Limitation. | The department shall foster the commercial and recreational use of the aquatic environment for production of food, fibre, income, and public enjoyment from state-owned aquatic lands and from associated waters, and to this end the department may develop and improve production and harvesting of seaweeds and sealife attac... |
79.105.060 | Definitions. | The definitions in this section apply throughout chapters 79.105 through 79.145 RCW unless the context clearly requires otherwise. (1) "Aquatic lands" means all tidelands, shorelands, harbor areas, and the beds of navigable waters. (2) "Beds of navigable waters" means those lands lying waterward of and below the line o... |
79.105.100 | Sale and lease of state-owned aquatic lands—Blank forms of applications. | The department shall prepare, and furnish to applicants, blank forms of applications for the purchase of state-owned tidelands or shorelands, otherwise permitted by RCW 79.125.200 to be sold, and the purchase of valuable material situated thereon, and the lease of state-owned tidelands, shorelands, and harbor areas, wh... |
79.105.110 | Who may purchase or lease—Application—Fees. | Any person desiring to purchase any state-owned tidelands or shorelands, otherwise permitted under RCW 79.125.200 to be sold, or to purchase any valuable material situated thereon, or to lease any state-owned aquatic lands, shall file with the department an application, on the proper form which shall be accompanied by ... |
79.105.120 | Survey to determine areas subject to sale or lease. | The department may cause any state-owned aquatic lands to be surveyed for the purpose of ascertaining and determining the area subject to sale or lease.
[ 2005 c 155 s 108 ; 1982 1st ex.s. c 21 s 18 . Formerly RCW 79.90.120 .] |
79.105.130 | Reconsideration of official acts. | The department may review and reconsider any of its official acts relating to state-owned aquatic lands until such time as a lease, contract, or deed is made, executed, and finally issued, and the department may recall any lease, contract, or deed issued for the purpose of correcting mistakes or errors, or supplying om... |
79.105.140 | Assignment of contracts or leases. | All contracts of purchase of state-owned tidelands or shorelands, otherwise permitted under RCW 79.125.200 to be sold, and all leases of state-owned tidelands, shorelands, or beds of navigable waters issued by the department shall be assignable in writing by the contract holder or lessee. The assignee shall be subject ... |
79.105.150 | Deposit, use of proceeds from sale or lease of aquatic lands or valuable materials therefrom—Aquatic lands enhancement project grant requirements—Aquatic lands enhancement account. | (1) After deduction for management costs as provided in RCW 79.64.040 and payments to towns under RCW 79.115.150 (2), all moneys received by the state from the sale or lease of state-owned aquatic lands and from the sale of valuable material from state-owned aquatic lands shall be deposited in the aquatic lands enhance... |
79.105.160 | Aquatic lands—Court review of actions. | Any applicant to purchase or lease any state-owned aquatic lands, or any valuable materials on state-owned aquatic lands, and any person whose property rights or interest will be affected by the sale or lease, feeling himself or herself aggrieved by any order or decision of the board, or the commissioner, concerning th... |
79.105.170 | Nonnative finfish aquaculture—Department may not allow as an authorized use under any new lease or use authorization. | (1) The department may not allow nonnative marine finfish aquaculture as an authorized use under any new lease or other use authorization. (2) The department may not renew or extend a lease or other use authorization in existence on June 7, 2018, where the use includes nonnative marine finfish aquaculture.
[ 2018 c 179... |
79.105.200 | Use and occupancy fee in lieu of lease—Construction of section. | (1) The department may require the payment of a use and occupancy fee in lieu of a lease where improvements have been placed without authorization on state-owned aquatic lands. (2) Nothing in this section shall be construed to prevent the assertion of public ownership rights in any publicly owned aquatic lands, or the ... |
79.105.210 | Aquatic lands—Preservation and enhancement of water-dependent uses—Leasing authority. | (1) The management of state-owned aquatic lands shall preserve and enhance water-dependent uses. Water-dependent uses shall be favored over other uses in state-owned aquatic land planning and in resolving conflicts between competing lease applications. In cases of conflict between water-dependent uses, priority shall b... |
79.105.220 | Lease of tidelands in front of public parks. | The department may lease state-owned tidelands that are in front of state parks only with the approval of the state parks and recreation commission. The department may lease bedlands in front of state parks only after the department has consulted with the state parks and recreation commission.
[ 2005 c 155 s 145 . FORM... |
79.105.230 | Use for public parks or public recreation purposes. | Use for public parks or public recreation purposes shall be granted without charge if the state-owned aquatic lands and improvements are available to the general public on a first-come, first-served basis and are not managed to produce a profit for the operator or a concessionaire.
[ 2005 c 155 s 144 .] |
79.105.240 | Determination of annual rent rates for lease of aquatic lands for water-dependent uses. | Except as otherwise provided by this chapter, annual rent rates for the lease of state-owned aquatic lands for water-dependent uses shall be determined as follows: (1)(a) The assessed land value, exclusive of improvements, as determined by the county assessor, of the upland tax parcel used in conjunction with the lease... |
79.105.250 | Log storage rents. | (1) Until June 30, 1989, the log storage rents per acre shall be the average rents the log storage leases in effect on July 1, 1984, would have had under the formula for water-dependent leases as set out in RCW 79.105.240 , except that the aquatic land values shall be thirty percent of the assessed value of the abuttin... |
79.105.260 | Rent for leases in effect October 1, 1984. | (1) For leases in effect on October 1, 1984, the rent shall remain at the annual rate in effect on September 30, 1984, until the next lease anniversary date, at which time rent established under RCW 79.105.240 or 79.105.250 shall become effective. If the first rent amount established is an increase of more than one hun... |
79.105.270 | Aquatic lands—Leases/rents for nonwater-dependent uses. | Leases for nonwater-dependent uses of state-owned aquatic lands shall be charged the fair market rental value of the leased lands, determined in accordance with appraisal techniques specified by rule. However, rents for nonwater-dependent uses shall always be more than the amount that would be charged as rent for a wat... |
79.105.280 | Rents and fees for recovery of mineral or geothermal resources. | Rents and fees for the mining or other recovery of mineral or geothermal resources shall be established through competitive bidding, negotiations, or as otherwise provided by statute.
[ 2005 c 155 s 151 . FORMERLY PART OF RCW 79.90.500 .] |
79.105.290 | Aquatic lands—Rents for multiple uses. | If water-dependent and nonwater-dependent uses occupy separate portions of the same leased parcel of state-owned aquatic land, the rental rate for each use shall be that established for the use by this chapter, prorated in accordance with the proportion of the whole parcel that each use occupies. If water-dependent and... |
79.105.300 | Aquatic lands—Lease for water-dependent use—Rental for nonwater-dependent use. | If a parcel leased for water-dependent uses is used for an extended period of time, as defined by rule of the department, for a nonwater-dependent use, the rental for the nonwater-dependent use shall be negotiated with the department.
[ 1984 c 221 s 13 . Formerly RCW 79.90.510 .] |
79.105.310 | Aquatic lands—Rent for improvements. | (1) Except as agreed between the department and the lessee prior to construction of the improvements, rent shall not be charged under any lease of state-owned aquatic lands for improvements, including fills, authorized by the department or installed by the lessee or its predecessor before June 1, 1971, so long as the l... |
79.105.320 | Aquatic lands—Administrative review of proposed rent. | The manager shall, by rule, provide for an administrative review of any state-owned aquatic land rent proposed to be charged. The rules shall require that the lessee or applicant for release file a request for review within thirty days after the manager has notified the lessee or applicant of the rent due. For leases i... |
79.105.330 | Aquatic lands—Security for leases for more than one year. | For any lease for a term of more than one year, the department may require that the rent be secured by insurance, bond, or other security satisfactory to the department in an amount not exceeding two years' rent. The department may require additional security for other lease provisions. The department shall not require... |
79.105.340 | Aquatic lands—Payment of rent. | If the annual rent charged for the use of a parcel of state-owned aquatic lands exceeds four thousand dollars, the lessee may pay on a prorated quarterly basis. If the annual rent exceeds twelve thousand dollars, the lessee may pay on a prorated monthly basis.
[ 1984 c 221 s 17 . Formerly RCW 79.90.530 .] |
79.105.350 | Aquatic lands—Interest rate. | The interest rate and all interest rate guidelines shall be fixed by rule adopted by the board and shall not be less than six percent per annum.
[ 2005 c 155 s 155 ; 1991 c 64 s 2 ; 1984 c 221 s 18 . Formerly RCW 79.90.535 .] |
79.105.360 | Adoption of rules. | The department shall adopt such rules as are necessary to carry out the purposes of RCW 79.105.010 , 79.105.030 , 79.105.050 , 79.105.210 , 79.105.220 , 79.105.240 through 79.105.260 , 79.105.270 , 79.105.290 through 79.105.350 , 79.105.400 , 79.105.420 , 79.130.070 , and 79.135.100 , specifically including criteria fo... |
79.105.400 | Authority to exchange state-owned tidelands and shorelands—Rules—Limitation. | The department may exchange state-owned tidelands and shorelands with private and other public landowners if the exchange is in the public interest and will actively contribute to the public benefits established in RCW 79.105.030 . The board shall adopt rules which establish criteria for determining when a proposed exc... |
79.105.410 | Gifts of aquatic land—Procedures and criteria. | (1) The department is authorized to accept gifts of aquatic land within the state, including tidelands, shorelands, harbor areas, and the beds of navigable waters, which shall become part of the state-owned aquatic land base. Consistent with RCW 79.105.030 , the department must develop procedures and criteria that stat... |
79.105.420 | Management of certain aquatic lands by port district—Agreement—Rent—Model management agreement. | (1) Upon request of a port district, the department and port district may enter into an agreement authorizing the port district to manage state-owned aquatic lands abutting or used in conjunction with and contiguous to uplands owned, leased, or otherwise managed by a port district, for port purposes as provided in Titl... |
79.105.430 | Private recreational docks—Mooring buoys. | (1) The abutting residential owner to state-owned shorelands, tidelands, or related beds of navigable waters, other than harbor areas, may install and maintain without charge a dock on the areas if used exclusively for private recreational purposes and the area is not subject to prior rights, including any rights of up... |
79.105.500 | Aquatic land dredged material disposal sites—Findings. | The legislature finds that the department provides, manages, and monitors aquatic land dredged material disposal sites on state-owned aquatic lands for materials dredged from rivers, harbors, and shipping lanes. These disposal sites are approved through a cooperative planning process by the departments of natural resou... |
79.105.510 | Aquatic land dredged material disposal site account. | The aquatic land dredged material disposal site account is established in the state treasury. The account shall consist of funds appropriated to the account; funds transferred or paid to the account pursuant to settlements; court or administrative agency orders or judgments; gifts and grants to the account; and all fun... |
79.105.520 | Fees for use of aquatic land dredged material disposal sites authorized. | The department shall estimate the costs of site management and environmental monitoring at aquatic land dredged material disposal sites and may, by rule, establish fees for use of the sites in amounts no greater than necessary to cover the estimated costs. All such revenues shall be placed in the aquatic land dredged m... |
79.105.600 | Archaeological activities on state-owned aquatic lands—Agreements, leases, or other conveyances. | After consultation with the director of commerce, the department may enter into agreements, leases, or other conveyances for archaeological activities on state-owned aquatic lands. The agreements, leases, or other conveyances may contain those conditions as are required for the department to comply with its legal right... |
79.105.610 | Puget Sound partners. | When administering funds under this chapter, the *interagency committee for outdoor recreation shall give preference only to Puget Sound partners, as defined in RCW 90.71.010 , in comparison to other entities that are eligible to be included in the definition of Puget Sound partner. Entities that are not eligible to be... |
79.105.620 | City use of state-owned aquatic lands for publicly owned marina—Reduced fee lease—Expiration date.(Expires July 1, 2029.) | (1)(a) A city with a population between twenty thousand and twenty-five thousand on June 12, 2008, and that currently operates a publicly owned marina may enter into a reduced fee lease authorizing the city to use state-owned aquatic lands for the purpose of operating a publicly owned marina. The office of financial ma... |
79.105.630 | Administering funds—Preference to an evergreen community. | When administering funds under this chapter, the recreation and conservation funding board shall give preference only to an evergreen community recognized under RCW 76.15.090 in comparison to other entities that are eligible to receive evergreen community designation. Entities not eligible for designation as an evergre... |
79.105.902 | Effective date—1984 c 221. | This act shall take effect on October 1, 1984.
[ 1984 c 221 s 32 . Formerly RCW 79.90.902 .] |
79.110.001 | Intent—2005 c 155. | See RCW 79.105.001 . |
79.110.010 | Certain aquatic lands subject to easements for removal of valuable materials. | All tidelands and shorelands originally belonging to the state, and which were granted, sold, or leased at any time after June 15, 1911, and which contain any valuable materials or are contiguous to or in proximity of state lands or other tidelands or shorelands which contain any valuable materials, shall be subject to... |
79.110.020 | Certain aquatic lands subject to easements for removal of valuable materials—Private easements subject to common use in removal of valuable materials. | Every right-of-way for a private railroad, skid road, canal, flume, or watercourse, or other easement, over and across any state-owned tidelands or shorelands, for the purpose of, and to be used in, transporting and moving valuable materials of the land, granted after June 15, 1911, shall be subject to joint and common... |
79.110.030 | Certain state and aquatic lands subject to easements for removal of valuable materials—Reasonable facilities and service for transporting must be furnished. | Any person having acquired a right-of-way or easement as provided in RCW 79.110.010 and 79.110.020 over any state-owned tidelands or shorelands or over or across beds of any navigable water or stream for the purpose of transporting or moving valuable materials and being engaged in such business, or any grantee or lesse... |
79.110.040 | Certain state and aquatic lands subject to easements for removal of valuable materials—Duty of utilities and transportation commission. | Should the owner or operator of any private railroad, skid road, flume, canal, watercourse, or other right-of-way or easement provided for in RCW 79.110.020 and 79.110.030 fail to agree with the state or any grantee or lessee, as to the reasonable and proper rules and charges, concerning the transportation and movement... |
79.110.050 | Certain state and aquatic lands subject to easements for removal of valuable materials—Penalty for violation of orders. | Any person owning or operating any right-of-way or easement subject to the provisions of RCW 79.110.020 through 79.110.040 , over and across any state-owned tidelands or shorelands or across any beds of navigable waters, and violating or failing to comply with any rule or order made by the utilities and transportation ... |
79.110.060 | Certain state and aquatic lands subject to easements for removal of valuable materials—Application for right-of-way. | Any person engaged in the business of logging or lumbering, quarrying, mining, or removing sand, gravel, or other valuable materials from land, and desirous of obtaining a right-of-way or easement provided for in RCW 79.110.010 through 79.110.030 over and across any state-owned tidelands or shorelands, or beds of navig... |
79.110.070 | Certain state and aquatic lands subject to easements for removal of valuable materials—Forfeiture for nonuser. | Any right-of-way or easement granted under the provisions of RCW 79.110.010 through 79.110.030 which has never been used, or for a period of two years has ceased to be used for the purpose for which it was granted, shall be deemed forfeited. The forfeiture of any such right-of-way previously granted or granted under th... |
79.110.100 | United States of America, state agency, county, or city right-of-way for roads and streets over, and wharves over and upon aquatic lands. | Any county or city or the United States of America or any state agency desiring to locate, establish, and construct a road or street over and across any aquatic lands, or wharf over any state-owned tidelands or shorelands, shall by resolution of the legislative body of the county, or city council or other governing bod... |
79.110.110 | Railroad bridge rights-of-way across navigable streams. | Any railroad company organized under the laws of the territory or state of Washington, or under any other state or territory of the United States, or under any act of the congress of the United States, and authorized to do business in the state and to construct and operate railroads, shall have the right to construct b... |
79.110.120 | Public bridges or trestles across waterways and aquatic lands—Recovery of reasonable direct administrative costs—Report to the legislature. | (1) Counties, cities, towns, and other municipalities shall have the right to construct bridges and trestles across waterways heretofore or hereafter laid out under the authority of the state of Washington, and over and across any tidelands, shorelands, bedlands, or harbor areas owned and managed by the state adjacent ... |
79.110.130 | Common carriers may bridge or trestle state waterways. | Any person authorized by any state or municipal law or ordinance to construct and operate railroads, interurban railroads, or street railroads as common carriers within this state, shall have the right to construct bridges or trestles across waterways laid out under the authority of the state of Washington, over which ... |
79.110.140 | Location and plans of bridge or trestle to be approved—Future alterations. | The location and plans of any bridge, draw bridge, or trestle proposed to be constructed under RCW 79.110.110 through 79.110.130 shall be submitted to and approved by the department before construction is commenced. However, in case the portion of the waterway, river, stream, or watercourse, at the place to be crossed ... |
79.110.200 | Right-of-way for utility pipelines, transmission lines, etc. | A right-of-way through, over, and across any tidelands, shorelands, beds of navigable waters, oyster reserves belonging to the state, or the reversionary interest of the state in oyster lands may be granted to any person or the United States of America, constructing or proposing to construct, or which has constructed, ... |
79.110.210 | Right-of-way for utility pipelines, transmission lines, etc.—Procedure to acquire. | In order to obtain the benefits of the grant made in RCW 79.110.200 , the person or the United States of America constructing or proposing to construct, or which has constructed, a telephone line, ditch, flume, pipeline, or transmission line, shall file, with the department, a map accompanied by the field notes of the ... |
79.110.220 | Right-of-way for utility pipelines, transmission lines, etc.—Appraisal—Certificate—Reversion for nonuser. | On the filing of the plat and field notes, as provided in RCW 79.110.210 , the land applied for and any improvements included in the right-of-way applied for, if any, shall be appraised as in the case of an application to purchase state lands. Upon full payment of the appraised value of the state-owned aquatic land app... |
79.110.230 | Use of state-owned aquatic lands for public utility lines. | (1) The use of state-owned aquatic lands for public utility lines owned by a governmental entity shall be granted by an agreement, permit, or other instrument if the use is consistent with the purposes of RCW 79.105.010 , 79.105.030 , 79.105.050 , 79.105.210 , 79.105.400 , and 79.130.070 and does not obstruct navigatio... |
79.110.240 | Charge for term of easement—Recovery of costs. | (1) Until July 1, 2030, the charge for the term of an easement granted under RCW 79.110.230 (2) will be determined as follows and will be paid in advance upon grant of the easement: (a) Five thousand dollars for individual easement crossings that are no longer than one mile in length; (b) Twelve thousand five hundred d... |
79.110.300 | Right-of-way for irrigation, diking, and drainage purposes. | A right-of-way through, over, and across any state-owned tidelands or shorelands is granted to any irrigation district, or irrigation company duly organized under the laws of this state, and to any person, or the United States of America, constructing or proposing to construct an irrigation ditch or pipeline for irriga... |
79.110.310 | 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 79.110.300 , the irrigation district, irrigation company, person, or the United States of America, constructing or proposing to construct an irrigation ditch or pipeline for irrigation, or the diking and drainage district or diking and drainage improvemen... |
79.110.320 | Right-of-way for irrigation, diking, and drainage purposes—Appraisal—Certificate. | Upon the filing of the plat and field notes as in RCW 79.110.310 , the lands included within the right-of-way applied for shall be appraised as in the case of an application to purchase the lands, at full market value. Upon full payment of the appraised value of the lands the department shall issue to the applicant a c... |
79.110.330 | Grant of overflow rights. | The department has the power and authority to grant to any person, the right, privilege, and authority to perpetually back and hold water upon or over any state-owned tidelands or shorelands, and to overflow and inundate the lands, whenever the department deems it necessary for the purpose of erecting, constructing, ma... |
79.110.340 | Construction of RCW79.110.010through79.110.220and79.110.240through79.110.330relating to rights-of-way and overflow rights. | RCW 79.110.010 through 79.110.220 and 79.110.240 through 79.110.330 , relating to the acquiring of rights-of-way and overflow rights through, over, and across state-owned aquatic lands, shall not be construed as exclusive or as affecting the right of municipal and public service corporations to acquire lands belonging ... |
79.110.350 | Grant of such easements and rights-of-way as applicant may acquire in private lands by eminent domain. | The department may grant to any person easements and rights in tidelands and shorelands and oyster reserves owned by the state as the applicant may acquire in privately or publicly owned lands through proceedings in eminent domain in accordance with the provisions of RCW 79.36.355 .
[ 2005 c 155 s 222 ; 2003 c 334 s 61... |
79.115.001 | Intent—2005 c 155. | See RCW 79.105.001 . |
79.115.010 | Harbor lines and areas to be established. | (1) It is the duty of the board acting as the harbor line commission to locate and establish harbor lines and determine harbor areas, as required by Article XV, section 1 of the state Constitution, where harbor lines and harbor areas have not previously been located and established. (2) The board shall locate and estab... |
79.115.020 | Relocation of harbor lines by the harbor line commission. | Whenever it appears that the inner harbor line of any harbor area has been so established as to overlap or fall inside the government meander line, or for any other good cause, the board acting as the harbor line commission is empowered to relocate and reestablish said inner harbor line so erroneously established, outs... |
79.115.030 | Commission on harbor lines may change, relocate, or reestablish harbor lines. | The commission on harbor lines is authorized to change, relocate, or reestablish harbor lines.
[ 2010 c 45 s 1 ; 2005 c 155 s 303 ; 2004 c 219 s 1 ; 1989 c 79 s 1 ; 1982 1st ex.s. c 21 s 71 . Formerly RCW 79.92.030 .] |
79.115.040 | Modification of harbor lines in Port Gardner Bay. | The harbor line commission shall modify harbor lines in Port Gardner Bay as necessary to facilitate the conveyance through exchange authorized in RCW 79.125.800 .
[ 2005 c 155 s 304 ; 1987 c 271 s 5 . Formerly RCW 79.92.035 .]
Severability — 1987 c 271: See note following RCW 79.130.050 . |
79.115.050 | Seizure or sale of improvements for taxes. | Whenever improvements have been made on state-owned tidelands, shorelands, or beds of navigable waters, in front of cities or towns, prior to the location of harbor lines in front of the cities or towns, and the reserved harbor area as located include the improvements, no seizure or sale of the improvements for taxes s... |
79.115.100 | Terms of harbor area leases. | Applications, leases, and bonds of lessees shall be in such a form as the department shall prescribe. Every lease shall provide that the rental shall be payable to the department, and for cancellation by the department upon sixty days' written notice for any breach of the conditions. Every lessee shall furnish a bond, ... |
79.115.110 | Construction or extension of docks, wharves, etc., in harbor areas—New lease. | If the owner of any harbor area lease upon tidal waters desires to construct any wharf, dock, or other convenience of navigation or commerce, or to extend, enlarge, or substantially improve any existing structure used in connection with the harbor area, and deems the required expenditure not warranted by the lessee's r... |
79.115.120 | Re-leases of harbor areas. | Upon the expiration of any harbor area lease upon tidal waters, the lessee may apply for a re-lease of the harbor area for a period not exceeding thirty years. The application shall be accompanied with maps showing the existing improvements upon the harbor area and the adjacent tidelands and with proper plans, drawings... |
79.115.130 | Procedure to re-lease harbor areas. | Upon completion of the valuation of any tract of harbor area applied for under RCW 79.115.120 , the department shall notify the applicant of the terms and conditions upon which the re-lease will be granted and of the rental fixed. The applicant or the applicant's successor in interest shall have the option for the peri... |
79.115.140 | Regulation of wharfage, dockage, and other tolls. | The state of Washington retains and reserves the right to regulate the rates of wharfage, dockage, and other tolls to be imposed by the lessee or the lessee's assigns upon commerce for any of the purposes for which the leased area may be used and the right to prevent extortion and discrimination in such use.
[ 2005 c 1... |
79.115.150 | Harbor areas and tidelands within towns—Distribution of rents to municipal authorities. | (1) Where any leased harbor area or tideland is situated within the limits of a town, whether or not the harbor area or tideland lies within a port district, the rents from the leases shall be paid by the state treasurer to the municipal authorities of the town to be expended for water-related improvements. (2) The sta... |
79.120.001 | Intent—2005 c 155. | See RCW 79.105.001 . |
79.120.010 | First-class tidelands and shorelands to be platted—Public waterways and streets. | It is the duty of the department simultaneously with the establishment of harbor lines and the determination of harbor areas in front of any city or town, or as soon as practicable, to survey and plat all first-class tidelands and shorelands not previously platted, and in platting the tidelands and shorelands to lay ou... |
79.120.020 | Streets, waterways, etc., validated. | All alleys, streets, avenues, boulevards, waterways, and other public places and highways located and platted on the first-class tidelands and shorelands, or harbor areas, as provided by law, and not vacated as provided by law, are validated as public highways and dedicated to the use of the public for the purposes for... |
79.120.030 | Approval of plans/authorize construction on state-owned aquatic lands. | The department has the power to approve plans for and authorize the construction of slopes, with rock, riprap, or other protection, upon any state-owned aquatic lands incident to the improvement of any abutting or adjacent street or avenue by any city or town in this state.
[ 2005 c 155 s 403 ; 1982 1st ex.s. c 21 s 82... |
79.120.040 | Permits to use waterways. | If the United States government has established pierhead lines within a waterway created under the laws of this state at any distance from the boundaries established by the state, structures may be constructed in that strip of waterway between the waterway boundary and the nearest pierhead line only with the consent of... |
79.120.050 | Excavation of waterways—Waterways open to public—Tide gates or locks. | All waterways excavated through any state-owned tidelands or shorelands by virtue of the provisions of chapter 99, Laws of 1893, so far as they run through the tidelands or shorelands, are declared to be public waterways, free to all citizens upon equal terms, and subject to the jurisdiction of the proper authorities, ... |
79.120.060 | Vacation of waterways—Extension of streets. | If a waterway established under the laws of this state, or any portion of the waterway, has not been excavated, or is not used for navigation, or is not required in the public interest to exist as a waterway, the waterway or a portion of the waterway may be vacated by written order of the commissioner upon request by o... |
79.125.001 | Intent—2005 c 155. | See RCW 79.105.001 . |
79.125.010 | Location of line dividing tidelands from shorelands in tidal rivers. | The department is authorized to locate in all navigable rivers in this state which are subject to tidal flow, the line dividing the tidelands in the river from the shorelands in the river, and the classification or the location of the dividing line shall be final and not subject to review, and the department shall ente... |
79.125.020 | First-class tidelands and shorelands to be platted. | It is the duty of the department simultaneously with the establishment of harbor lines and the determination of harbor areas in front of any city or town or as soon as practicable to survey and plat all first-class tidelands and shorelands not previously platted as provided in RCW 79.120.010 .
[ 2005 c 155 s 501 ; 1982... |
79.125.030 | Second-class tidelands and shorelands may be platted. | The department may survey and plat any second-class tidelands and shorelands not previously platted.
[ 2005 c 155 s 502 ; 1982 1st ex.s. c 21 s 88 . Formerly RCW 79.94.030 .] |
79.125.040 | Tidelands and shorelands—Plats—Record. | The department shall prepare plats showing all tidelands and shorelands, surveyed, platted, and appraised by it in the respective counties, on which shall be marked the location of all tidelands and shorelands, with reference to the lines of the United States survey of the abutting upland, and shall prepare a record of... |
79.125.050 | Date of sale limited by time of appraisal. | In no case shall any state-owned tidelands or shorelands, otherwise permitted under RCW 79.125.200 to be sold, be offered for sale unless the lands have been appraised by the department within ninety days prior to the date fixed for the sale.
[ 2005 c 155 s 107 ; 1982 1st ex.s. c 21 s 17 . Formerly RCW 79.90.110 .] |
79.125.060 | First or second-class tidelands and shorelands—Appraisal—Record. | In appraising tidelands or shorelands, the department shall appraise each lot, tract, or piece of land separately, and shall maintain a description of each lot, tract, or piece of first or second-class tidelands or shorelands, its full appraised value, the area and rate per acre at which it was appraised, and if any lo... |
79.125.070 | Tidelands and shorelands—Notice of filing plat and record of appraisal—Appeal. | (1) The department shall, before filing in the department's Olympia office the plat and record of appraisal of any tidelands or shorelands platted and appraised by it, publish a notice once each week for four consecutive weeks in a newspaper published and of general circulation in the county where the lands covered by ... |
79.125.080 | Tidelands and shorelands—Petition for replat—Replatting and reappraisal—Vacation by replat. | Whenever all of the owners and other persons having a vested interest in those tidelands or shorelands embraced within any plat of tidelands or shorelands or within any portion of any plat in which there are unsold state-owned tidelands or shorelands, shall file a petition with the department accompanied by proof of se... |
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