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79.125.090 | Tidelands and shorelands—Dedication of replat—All interests must join. | If in the preparation of a replat provided for in RCW 79.125.080 by the department, it becomes desirable to appropriate any tidelands or shorelands previously sold for use as streets, alleys, waterways, or other public places, all persons interested in the title to the tidelands or shorelands desired for public places ... |
79.125.100 | Tidelands and shorelands—Vacation procedure cumulative. | RCW 79.125.080 , 79.125.090 , and 79.125.420 are intended to afford a method of procedure, in addition to other methods provided in this title for the vacation of streets, alleys, waterways, and other public places platted on tidelands or shorelands.
[ 2005 c 155 s 512 ; 1982 1st ex.s. c 21 s 98 . Formerly RCW 79.94.13... |
79.125.110 | Tidelands and shorelands—Effect of replat. | A replat of tidelands or shorelands platted shall be in full force and effect and shall constitute a vacation of streets, alleys, waterways, and other dedicated public places, when otherwise permitted by RCW 79.125.200 , and the dedication of new streets, alleys, waterways, and other public places appearing upon the re... |
79.125.200 | State-owned tidelands, shorelands, and waterways—Sold only to public entities—Leasing—Limitation. | (1) This section applies to: (a) First-class tidelands as defined in RCW 79.105.060 ; (b) Second-class tidelands as defined in RCW 79.105.060 ; (c) First-class shorelands as defined in RCW 79.105.060 ; (d) Second-class shorelands as defined in RCW 79.105.060 , except as included within RCW 79.125.450 ; (e) Waterways as... |
79.125.210 | Sale of second-class tidelands. | All second-class tidelands shall be offered for sale, when otherwise permitted under RCW 79.125.200 to be sold, and sold in the same manner as state lands, other than capitol building lands, but for not less than five dollars per lineal chain, measured on the United States meander line bounding the inner shore limit of... |
79.125.220 | Second-class tidelands or shorelands—Lease for booming purposes. | (1) The department is authorized to lease any second-class tidelands or shorelands, whether reserved from sale, or from lease for other purposes, by or under authority of law, or not, except any oyster reserve containing oysters in merchantable quantities, to any person, for booming purposes, for any term not exceeding... |
79.125.230 | Second-class tidelands or shorelands separated from uplands by navigable water—Sale. | Second-class tidelands and shorelands that are separated from the upland by navigable waters shall be sold, when otherwise permitted under RCW 79.125.200 to be sold, but in no case at less than five dollars per acre. An applicant to purchase the tidelands or shorelands shall, at the applicant's own expense, survey and ... |
79.125.240 | Sale procedure—Terms of payment—Deferred payments, rate of interest. | All state-owned tidelands and shorelands, otherwise permitted under RCW 79.125.200 to be sold, shall be sold on the following terms: One-tenth to be paid on the date of sale; one-tenth to be paid one year from the date of the issuance of the contract of sale; and one-tenth annually thereafter until the full purchase pr... |
79.125.250 | Sale procedure—Certificate to governor of payment in full—Deed. | When the entire purchase price of any state-owned tidelands or shorelands, otherwise permitted under RCW 79.125.200 to be sold, shall have been fully paid, the department shall certify the fact to the governor, and shall cause a deed signed by the governor and attested by the secretary of state, with the seal of the st... |
79.125.260 | Sale procedure—Reservation in contract. | Each and every contract for the sale of, and each deed to, state-owned tidelands or shorelands, otherwise permitted under RCW 79.125.200 to be sold, shall contain the reservation contained in RCW 79.11.210 .
[ 2005 c 155 s 124 ; 2003 c 334 s 601 ; 1982 1st ex.s. c 21 s 33 . Formerly RCW 79.90.270 .]
Intent — 2003 c 334... |
79.125.270 | Sale procedure—Form of contract—Forfeiture—Extension of time. | The purchaser of state-owned tidelands or shorelands, otherwise permitted under RCW 79.125.200 to be sold, except in cases where the full purchase price is paid at the time of the purchase, shall enter into and sign a contract with the state to be signed by the commissioner on behalf of the state, with the seal of the ... |
79.125.280 | Subdivision of leases—Fee. | Whenever the holder of any contract to purchase any state-owned tidelands or shorelands, otherwise permitted under RCW 79.125.200 to be sold, or the holder of any lease of any lands, except for mining of valuable minerals, or coal, or extraction of petroleum or gas, shall surrender the contract or lease to the departme... |
79.125.290 | First-class tidelands and shorelands—Sale of remaining lands. | Any first-class tidelands or shorelands remaining unsold, and where there is no pending application for purchase under claim of any preference right, when otherwise permitted under RCW 79.125.200 to be sold, shall be sold on the same terms and in the same manner as provided for the sale of state lands for not less than... |
79.125.300 | Tidelands or shorelands—Failure to re-lease tidelands or shorelands—Appraisal of improvements. | (1) In case any lessee of tidelands or shorelands, for any purpose except mining of valuable minerals or coal, or extraction of petroleum or gas, or the lessee's successor in interest, shall after the expiration of any lease, fail to purchase, when otherwise permitted under RCW 79.125.200 to be purchased, or re-lease f... |
79.125.310 | Effect of mistake or fraud. | Any sale or lease of state-owned tidelands or shorelands, otherwise permitted under RCW 79.125.200 to be sold, made by mistake, or not in accordance with law, or obtained by fraud or misrepresentation, shall be void, and the contract of purchase or lease, issued shall be of no effect, and the holder of the contract or ... |
79.125.400 | First-class tidelands and shorelands—Lease—Preference right of upland owner—How exercised. | (1) Upon platting and appraisal of first-class tidelands or shorelands as provided in this chapter, if the department deems it for the best public interest to offer the first-class tidelands or shorelands for lease, the department shall notify the owner of record of uplands fronting upon the tidelands or shorelands to ... |
79.125.410 | First-class unplatted tidelands and shorelands—Lease preference right to upland owners—Lease for booming purposes. | (1) The department is authorized to lease to the abutting upland owner any unplatted first-class tidelands or shorelands. (2) The department shall, prior to the issuance of any lease under the provisions of this section, fix the annual rent for the tidelands or shorelands and prescribe the terms and conditions of the l... |
79.125.420 | Tidelands and shorelands—Vacation by replat—Preference right of tideland or shoreland owner. | If any platted street, alley, waterway, or other public place is vacated by a replat as provided for in RCW 79.125.080 and 79.125.090 , or any new street, alley, waterway, or other public place is so laid out as to leave unsold tidelands or shorelands between a new street, alley, waterway, or other public place, and ti... |
79.125.430 | Tidelands or shorelands—Preference rights, time limit on exercise. | All preference rights to purchase tidelands or shorelands, when otherwise permitted by RCW 79.125.200 to be purchased, awarded by the department, or by the superior court in case of appeal from the award of the department, shall be exercised by the parties to whom the award is made within thirty days from the date of t... |
79.125.440 | Tidelands or shorelands—Accretions—Lease. | Any accretions that may be added to any tract or tracts of tidelands or shorelands previously sold, or that may be sold, by the state, shall belong to the state and shall not be sold, or offered for sale, unless otherwise permitted by this chapter to be sold, and unless the accretions are surveyed under the direction o... |
79.125.450 | Second-class shorelands on navigable lakes—Sale. | (1) The legislature finds that maintaining public lands in public ownership is often in the public interest. However, when second-class shorelands on navigable lakes have minimal public value, the sale of those shorelands to the abutting upland owner may not be contrary to the public interest. However, the purpose of t... |
79.125.460 | Second-class shorelands—Sale or lease when in best public interest—Preference right of upland owner—Procedure upon determining sale or lease not in best public interest or where transfer made for public use—Platting. | (1) If application is made to purchase or lease any second-class shorelands and the department deems it for the best public interest to offer second-class shorelands for sale or lease, the department shall cause a notice to be served upon the abutting upland owner if the owner is a resident of the state, or if the upla... |
79.125.500 | Second-class shorelands—Boundary of shorelands when water lowered—Certain shorelands granted to city of Seattle. | In every case where the state of Washington had prior to June 13, 1913, sold to any purchaser from the state any second-class shorelands bordering upon navigable waters of this state by description where the water boundary of the purchased shorelands is not defined, the water boundary shall be the line of ordinary navi... |
79.125.510 | Second-class shorelands—Survey/platting—Selection for slips, docks, wharves, etc.—Filing of plat. | It is the duty of the department to survey the second-class shorelands and in platting the survey to designate for public use all of the shorelands as in the opinion of the department is available, convenient, or necessary to be selected for the use of the public as harbor areas, sites for slips, docks, wharves, wareho... |
79.125.520 | Second-class shorelands—Platting of certain shorelands of Lake Washington for use as harbor area—Effect. | It is the duty of the department to plat for the public use harbor area in front of the portions of the shorelands of Lake Washington sold as second-class shorelands by the state of Washington as in the opinion of the department are necessary for the use of the public as harbor area. However, this section and RCW 79.12... |
79.125.530 | Platting of certain shorelands of Lake Washington for use as harbor area—Selection for slips, docks, wharves, etc.—Vesting of title. | Immediately after establishing the harbor area provided for in RCW 79.125.520 , it is the duty of the department to make a plat designating all first and second-class shorelands, not sold by the state of Washington, and to select for the use of the public out of the shorelands, or out of harbor areas, sites for slips, ... |
79.125.600 | Sale procedure—Fixing date, place, and time of sale—Notice—Publication and posting. | (1) When the department decides to sell any state-owned tidelands or shorelands, otherwise permitted by RCW 79.125.200 to be sold, it shall be the duty of the department to fix the date, place, and the time of sale, and no sale shall be had on any day which is a legal holiday. (2) The department shall give notice of th... |
79.125.610 | List of state-owned tidelands and shorelands permitted to be sold. | The department shall print a list of all state-owned tidelands and shorelands otherwise permitted by RCW 79.125.200 to be sold, giving appraised value, character of the land, and other information as may be of interest to prospective buyers. The lists must be issued at least four weeks prior to the date of any sale. Th... |
79.125.620 | Sale procedure—Additional advertising expense. | The department is authorized to expend any sum in additional advertising of the sale as shall be determined to be in the best interests of the state.
[ 2005 c 155 s 114 ; 1982 1st ex.s. c 21 s 25 . Formerly RCW 79.90.190 .] |
79.125.630 | Reoffer—Continuance. | Any sale that has been offered, and for which there are no bids received shall not be reoffered until it has been readvertised as specified in RCW 79.125.600 , 79.125.610 , and 79.125.620 . If all sales cannot be offered within the specified time on the advertised date, the sale shall continue on the following day betw... |
79.125.640 | Sale at public auction—Minimum price—Sales by leaseholder. | All sales of state-owned tidelands and shorelands otherwise permitted by RCW 79.125.200 to be sold, shall be sold at public auction to the highest responsible bidder, on the terms prescribed by law and as specified in the notice provided, and no land shall be sold for less than the appraised value. Sales of aquaculture... |
79.125.650 | Highest responsible bidder—Determination. | (1) To determine the "highest responsible bidder" under RCW 79.125.640 , the department shall be entitled to consider, in addition to price, the following: (a) The financial and technical ability of the bidder to perform the contract; (b) Whether the bid contains material defects; (c) Whether the bidder has previously ... |
79.125.660 | Sale procedure—Conduct of sales—Deposits—Bid bonds—Memorandum of purchase. | (1) Sales by public auction under this chapter shall be conducted under the direction of the department or by its authorized representative. The department's representatives are referred to as auctioneers. (2) On or before the time specified in the notice of sale each bidder shall deposit with the auctioneer, in cash o... |
79.125.670 | Sale procedure—Readvertisement of lands not sold. | If any tideland or shoreland, when otherwise permitted under RCW 79.125.200 , offered for sale is not sold, it may again be advertised for sale, as provided in this chapter, whenever in the opinion of the department it is expedient to do so. Whenever any person applies to the department in writing to have the land offe... |
79.125.680 | Sale procedure—Confirmation of sale. | (1) A sale of tidelands or shorelands otherwise permitted by RCW 79.125.200 to be sold shall be confirmed if: (a) No affidavit showing that the interest of the state in such sale was injuriously affected by fraud or collusion, is filed with the department's Olympia office within ten days from the receipt of the report ... |
79.125.700 | Sale of state-owned tidelands or shorelands to municipal corporation or state agency—Authority to execute agreements, deeds, etc. | The department may with the advice and approval of the board sell state-owned tidelands or shorelands at the appraised market value to any municipal corporation or agency of the state of Washington when the land is to be used solely for municipal or state purposes. However, the department shall with the advice and appr... |
79.125.710 | Grant of lands for city park or playground purposes. | Whenever application is made to the department by any incorporated city or town or metropolitan park district for the use of any state-owned tidelands or shorelands within the corporate limits of the city or town or metropolitan park district for municipal park and/or playground purposes, the department shall cause the... |
79.125.720 | Exchange of lands to secure city parks and playgrounds. | In the event there are no state-owned tidelands or shorelands in any city or town or metropolitan park district suitable for the purposes of RCW 79.125.710 and the committee finds other lands which are suitable and needed for parks or playgrounds, the department is authorized to secure the lands by exchanging state-own... |
79.125.730 | Director of ecology to assist city parks. | The director of ecology, in addition to serving as an ex officio member of the committee, is authorized and directed to assist the city or town or metropolitan park district in the development and decoration of any lands so conveyed and to furnish trees, grass, flowers, and shrubs therefor.
[ 2005 c 155 s 519 ; 1988 c ... |
79.125.740 | Certain tidelands reserved for recreational use and taking of fish and shellfish. | The following described tidelands, being public lands of the state, are withdrawn from sale or lease and reserved as public areas for recreational use and for the taking of fish and shellfish for personal use as defined in RCW 77.08.010 : Parcel No. 1. (Point Whitney) The second-class tidelands, owned by the state of W... |
79.125.750 | Access to and from tidelands reserved for recreational use and taking of fish and shellfish. | The director of fish and wildlife may take appropriate action to provide public and private access, including roads and docks, to and from the tidelands described in RCW 79.125.740 .
[ 2005 c 155 s 534 ; 1994 c 264 s 67 ; 1982 1st ex.s. c 21 s 125 . Formerly RCW 79.94.400 .] |
79.125.760 | Use of certain tidelands, shorelands, and abutting bedlands—Grant to the United States—Purposes—Limitations. | The use of any tidelands, shorelands, and abutting bedlands covered with less than four fathoms of water at ordinary low tide belonging to the state, and adjoining and bordering on any tract, piece, or parcel of land, which may have been reserved or acquired, or which may be reserved or acquired, by the government of t... |
79.125.770 | Tidelands and shorelands—Use of lands granted to United States—Application—Proof of upland use—Conveyance. | Whenever application is made to the department by any department of the United States government for the use of any state-owned tidelands or shorelands and adjoining and bordering on any upland held by the United States for any of the purposes mentioned in RCW 79.125.760 , upon proof being made to the department, that ... |
79.125.780 | Tidelands and shorelands—Use of lands granted to United States—Easements over tidelands or shorelands to United States. | Whenever application is made to the department, by any department of the United States government, for the use of any state-owned tidelands or shorelands, for any public purpose, and the department shall be satisfied that the United States requires or may require the use of the tidelands or shorelands for the public pu... |
79.125.790 | Tidelands and shorelands—Use of lands granted to United States—Reversion on cessation of use. | Whenever the United States shall cease to hold and use any uplands for the use and purposes mentioned in RCW 79.125.760 , or shall cease to use any tidelands or shorelands for the purpose mentioned in RCW 79.125.780 , the grant or easement of the tidelands or shorelands shall be terminated, and the tidelands or shorela... |
79.125.800 | United States Navy base—Exchange of property—Procedure. | The department is authorized to deed, by exchanges of property, to the United States Navy those tidelands necessary to facilitate the location of the United States Navy base in Everett. In carrying out this authority, the department shall request that the governor execute the deed in the name of the state attested to b... |
79.130.001 | Intent—2005 c 155. | See RCW 79.105.001 . |
79.130.010 | Lease of beds of navigable waters. | (1) Except as provided in RCW 79.130.060 , the department may lease to the abutting tidelands or shorelands owner or lessee, the beds of navigable waters lying below the line of extreme low tide in waters where the tide ebbs and flows, and below the line of navigability in lakes and rivers claimed by the state and defi... |
79.130.020 | Lease of beds of navigable waters—Terms and conditions of lease—Forfeiture for nonuser. | (1) The department shall, prior to the issuance of any lease under the provisions of this chapter, fix the annual rent and prescribe the terms and conditions of the lease. However, in fixing the rent, the department shall not take into account the value of any improvements placed upon the lands by the lessee. (2) No le... |
79.130.030 | Lease of beds of navigable waters—Improvements—Federal permit—Forfeiture—Plans and specifications. | The applicant for a lease under the provisions of this chapter shall first obtain from the United States army corps of engineers or other federal regulatory agency, a permit to place structures or improvements in the navigable waters and file with the department a copy of the permit. No structures or improvements shall... |
79.130.040 | Lease of beds of navigable waters—Preference right to re-lease. | At the expiration of any lease issued under the provisions of this chapter, the lessee or the lessee's successors or assigns, shall have a preference right to re-lease all or part of the area covered by the original lease if the department deems it to be in the best interest of the state to re-lease the area. Such re-l... |
79.130.050 | United States Navy base—Legislative findings and declaration. | The legislature recognizes the importance of economic development in the state of Washington, and finds that the location of a United States Navy base in Everett, Washington will enhance economic development. The legislature finds that the state should not assume liability or risks resulting from any action taken by th... |
79.130.060 | Lease of bedlands in Port Gardner Bay for dredge spoil site—Conditions. | (1) Upon application by the United States Navy, and upon verification of the legal description and compliance with the intent of this chapter, the commissioner is authorized to lease bedlands in Port Gardner Bay for a term of thirty years so the United States Navy can utilize a dredge spoil site solely for purposes rel... |
79.130.070 | Exchange of bedlands—Cowlitz river. | (1) The department is authorized to exchange bedlands abandoned through rechanneling of the Cowlitz river near the confluence of the Columbia river so that the state obtains clear title to the Cowlitz river as it now exists or where it may exist in the future through the processes of erosion and accretion. (2) The depa... |
79.135.001 | Intent—2005 c 155. | See RCW 79.105.001 . |
79.135.010 | Bush act/Callow act lands. | (1) A person in possession of real property conveyed by the state of Washington pursuant to the authority of chapter 24, Laws of 1895 (Bush act) or chapter 25, Laws of 1895 (Callow act), wherein such lands are subject to a possibility of reversion, shall heretofore have and are granted the further right to use all of t... |
79.135.020 | Sale of reserved or reversionary rights in tidelands. | Upon an application to purchase the reserved and reversionary rights of the state in any tidelands sold under the provisions of chapter 24, Laws of 1895, or chapter 25, Laws of 1895, or chapter 165, Laws of 1919, or either the reserved or reversionary right if only one exists, being filed in the department's Olympia of... |
79.135.030 | Wrongful taking of shellfish from public lands—Civil remedies. | (1) If a person wrongfully takes shellfish or causes shellfish to be wrongfully taken from the public lands and the wrongful taking is intentional and knowing, the person is liable for damages of treble the fair market retail value of the amount of shellfish wrongfully taken. If a person wrongfully takes shellfish from... |
79.135.040 | Aquaculture products—Sale by leaseholder. | Aquaculture products produced on leased state-owned aquatic land may be sold by the leaseholder as prescribed by the department without competitive bid or public auction and consistent with statutes governing aquaculture leases on state-owned aquatic land.
[ 2005 c 113 s 1 .] |
79.135.100 | Aquatic lands used for aquaculture production and harvesting—Rents and fees—Limitations on leases. | (1) If state-owned aquatic lands are used for aquaculture production or harvesting, rents and fees shall be established through competitive bidding or negotiation. (2) After an initial twenty-three acres are leased, the department is prohibited from offering leases that would permit the intertidal commercial aquacultur... |
79.135.110 | Leasing beds of tidal waters for shellfish cultivation or other aquaculture use. | (1) The beds of all navigable tidal waters in the state lying below extreme low tide, except as prohibited by Article XV, section 1 of the state Constitution shall be subject to lease for the purposes of planting and cultivating oyster beds, or for the purpose of cultivating clams or other edible shellfish, or for othe... |
79.135.120 | Leasing lands for shellfish cultivation or other aquaculture use—Who may lease—Application—Deposit. | Any person desiring to lease tidelands or beds of navigable waters for the purpose of planting and cultivating oyster beds, or for the purpose of cultivating clams and other edible shellfish, shall file with the department, on a proper form, an application in writing signed by the applicant and accompanied by a map of ... |
79.135.130 | Leasing lands for shellfish cultivation or other aquaculture use—Inspection and report by director of fish and wildlife—Rental and term—Commercial harvest of subtidal hardshell clams by hydraulic escalating. | (1) The department, upon the receipt of an application for a lease for the purpose of planting and cultivating oyster beds or for the purpose of cultivating clams or other edible shellfish, shall notify the director of fish and wildlife of the filing of the application describing the tidelands or beds of navigable wate... |
79.135.140 | Leasing lands for shellfish cultivation or other aquaculture use—Survey and boundary markers. | Before entering into possession of any leased tidelands or beds of navigable waters, the applicant shall have the lands surveyed by a registered land surveyor, and the applicant shall furnish to the department and to the director of fish and wildlife, a map of the leased premises signed and certified by the registered ... |
79.135.150 | Renewal lease—Application. | The department may, upon the filing of an application for a renewal lease, inspect the tidelands or beds of navigable waters, and if the department deems it in the best interests of the state to re-lease the lands, the department shall issue to the applicant a renewal lease for a further period not exceeding thirty yea... |
79.135.160 | Leasing lands for shellfish cultivation or other aquaculture use—Reversion for use other than cultivation of shellfish. | All leases of tidelands and beds of navigable waters for the purpose of planting and cultivating oysters, clams, or other edible shellfish shall expressly provide that if at any time after the granting of the lease, the described lands shall cease to be used for the purpose of oyster beds, clam beds, or other edible sh... |
79.135.170 | Leasing lands for shellfish cultivation or other aquaculture use—Abandonment—Application for other lands. | If from any cause any lands leased for the purpose of planting and cultivating oysters, clams, or other edible shellfish become unfit and valueless for any such purposes, the lessee or the lessee's assigns, upon certifying the fact under oath to the department, together with the fact that the lessee has abandoned the l... |
79.135.200 | Geoduck harvest/cultivation—Survey of navigable waters by private party—Record of survey. | Beds of navigable waters held under contract or deed from the state of Washington upon which a private party is harvesting or cultivating geoduck shall be surveyed by the private party and a record of survey filed in compliance with chapter 58.09 RCW prior to harvest. Property corners will be placed in sufficient quant... |
79.135.210 | Geoduck harvesting—Agreements, regulation—Geoduck diver safety program. | (1) Except as provided in RCW 79.135.040 , geoducks shall be sold as valuable materials under the provisions of *chapter 79.90 RCW. After confirmation of the sale, the department may enter into an agreement with the purchaser for the harvesting of geoducks. The department may place terms and conditions in the harvestin... |
79.135.220 | Geoduck harvesting—Designation of aquatic lands. | The department shall designate the areas of state-owned aquatic lands that are available for geoduck harvesting by licensed geoduck harvesters in accordance with *chapter 79.90 RCW.
[ 2005 c 155 s 709 ; 1990 c 163 s 5 ; 1983 1st ex.s. c 46 s 129 ; 1979 ex.s. c 141 s 5 . Formerly RCW 79.96.085 , 75.28.286 .]
*Reviser's ... |
79.135.230 | Intensive management plan for geoducks. | The department may enter into agreements with the department of fish and wildlife for the development of an intensive management plan for geoducks including the development and operation of a geoduck hatchery.
[ 2005 c 155 s 718 ; 1994 c 264 s 74 ; 1984 c 221 s 26 . Formerly RCW 79.96.906 .]
Effective date — 1984 c 221... |
79.135.300 | Lease of tidelands set aside as oyster reserves. | The department is authorized to lease first or second-class tidelands which have been or that are set aside as state oyster reserves in the same manner as provided elsewhere in this chapter for the lease of those lands.
[ 2005 c 155 s 710 ; 1982 1st ex.s. c 21 s 142 . Formerly RCW 79.96.090 .] |
79.135.310 | Inspection by director of fish and wildlife. | The department, upon the receipt of an application for the lease of any first or second-class state-owned tidelands that are set aside as state oyster reserves, shall notify the director of fish and wildlife of the filing of the application describing the lands applied for. It is the duty of the director of fish and wi... |
79.135.320 | Vacation of reserve—Lease of lands—Designated state oyster reserve lands. | (1) In the event that the fish and wildlife commission approves the vacation of the whole or any part of a reserve, the department may vacate and offer for lease the parts or all of the reserve as it deems to be for the best interest of the state, and all moneys received for the lease of the lands shall be paid to the ... |
79.135.400 | Seaweed—Marine aquatic plants defined. | Unless the context clearly requires otherwise, the definition in this section applies throughout this chapter. "Marine aquatic plants" means saltwater marine plant species that are dependent upon the marine aquatic or tidal environment, and exist in either an attached or free-floating state. Marine aquatic plants inclu... |
79.135.410 | Seaweed—Personal use limit—Commercial harvesting prohibited—Exception—Import restriction. | (1) The maximum daily wet weight harvest or possession of seaweed for personal use from all state-owned aquatic lands and all privately owned tidelands is ten pounds per person. The department in cooperation with the department of fish and wildlife may establish seaweed harvest limits of less than ten pounds for conser... |
79.135.420 | Seaweed—Harvest and possession violations—Penalties and damages. | (1) It is unlawful to exceed the harvest and possession restrictions imposed under RCW 79.135.410 . (2) A violation of this section is a misdemeanor, and a violation taking place on state-owned aquatic lands is subject to the provisions of RCW 79.02.300 . (3) A person committing a violation of this section on private t... |
79.135.430 | Seaweed—Enforcement. | The department of fish and wildlife and law enforcement authorities may enforce the provisions of RCW 79.135.410 and 79.135.420 .
[ 2005 c 155 s 717 ; 2003 c 334 s 444 ; 1994 c 286 s 3 ; 1993 c 283 s 5 . Formerly RCW 79.96.230 , 79.01.815 .]
Intent — 2003 c 334: See note following RCW 79.02.010 .
Effective date — 1994 ... |
79.135.440 | Native kelp forest and eelgrass meadow health and conservation plan—Reports. | (1) The department shall, consistent with this section, and subject to available funding, work with partners to establish a native kelp forest and eelgrass meadow health and conservation plan that endeavors to, by the year 2040, conserve and restore at least 10,000 acres of native kelp forests and eelgrass meadows. The... |
79.135.900 | Savings—1982 1st ex.s. c 21. | The enactment of this act including all repeals, decodifications, and amendments shall not be construed as affecting any existing right acquired under the statutes repealed, decodified, or amended or under any rule, regulation, or order issued pursuant thereto; nor as affecting any proceeding instituted thereunder.
[ 1... |
79.135.901 | Captions—1982 1st ex.s. c 21. | Chapter and section headings as used in this act do not constitute any part of the law.
[ 1982 1st ex.s. c 21 s 182 . Formerly RCW 79.96.902 .] |
79.135.903 | Effective date—1982 1st ex.s. c 21 ss 176 and 179. | Sections 176 (amending RCW 79.01.525 ) and 179 (creating a new section providing for an aquatic lands joint legislative committee) of this act are necessary for the immediate preservation of the public peace, health and safety, the support of the state government and its existing public institutions, and shall take eff... |
79.135.904 | Effective date—1982 1st ex.s. c 21. | Except as provided in *RCW 79.96.904 , this act shall take effect July 1, 1983.
[ 1982 1st ex.s. c 21 s 186 . Formerly RCW 79.96.905 .]
*Reviser's note: RCW 79.96.904 was recodified as RCW 79.135.903 pursuant to 2005 c 155 s 1010 . |
79.140.001 | Intent—2005 c 155. | See RCW 79.105.001 . |
79.140.010 | Manner of sale—Notice. | (1) When the department decides to sell any valuable materials situated within or upon any state-owned aquatic lands, it is the duty of the department to fix the date, place, and time of sale, and no sale shall be had on any day that is a legal holiday. (2) The department shall give notice of the sale by advertisement ... |
79.140.020 | List of valuable materials. | The department shall print a list of valuable materials contained within or upon state-owned aquatic lands, giving appraised value, character of the land, and such other information as may be of interest to prospective buyers. The lists must be issued at least four weeks prior to the date of any sale. The department sh... |
79.140.030 | Expenditures for advertising. | The department is authorized to expend any sum in additional advertising of the sale as is determined to be in the best interests of the state.
[ 2005 c 155 s 803 . FORMERLY PART OF RCW 79.90.190 .] |
79.140.040 | Reoffer of sale—Readvertised. | Any sale that has been offered, and for which there are no bids received, shall not be reoffered until it has been readvertised as specified in RCW 79.140.010 through 79.140.030 . If all sales cannot be offered within the specified time on the advertised date, the sale shall continue on the following day between the ho... |
79.140.050 | Sale by public auction/sealed bid—Exception. | All sales of valuable materials shall be at public auction or by sealed bid to the highest responsible bidder, on the terms prescribed by law and as specified in the notice provided, and no land or materials shall be sold for less than their appraised value. However: (1) When valuable material has been appraised at an ... |
79.140.060 | Determination of highest responsible bidder. | (1) To determine the "highest responsible bidder" under RCW 79.140.050 , the department shall be entitled to consider, in addition to price, the following: (a) The financial and technical ability of the bidder to perform the contract; (b) Whether the bid contains material defects; (c) Whether the bidder has previously ... |
79.140.070 | Sales by public auction—Procedure. | (1) Sales by public auction under this chapter shall be conducted under the direction of the department, by its authorized representative. The department's representatives are referred to as auctioneers. (2) On or before the time specified in the notice of sale each bidder shall deposit with the auctioneer, in cash or ... |
79.140.080 | Confirmation of sale. | (1) A sale of valuable materials shall be confirmed if: (a) No affidavit showing that the interest of the state in such a sale was injuriously affected by fraud or collusion, is filed with the department's Olympia office within ten days from the receipt of the report of the auctioneer conducting the sale; (b) It appear... |
79.140.100 | Valuable materials from Columbia river—Agreements with Oregon. | The department is authorized and empowered to confer with and enter into any agreements with the public authorities of the state of Oregon, which in the judgment of the department will assist the state of Washington and the state of Oregon in securing the maximum revenues for sand, gravel, or other valuable materials t... |
79.140.110 | Material removed for channel or harbor improvement or flood control—Use for public purpose. | When gravel, rock, sand, silt, or other material from any state-owned aquatic lands is removed by any public agency or under public contract for channel or harbor improvement, or flood control, use of the material may be authorized by the department for a public purpose on land owned or leased by the state or any munic... |
79.140.130 | Prior appraisal required. | In no case shall any valuable materials situated within or upon any tidelands, shorelands, or beds of navigable waters belonging to the state, be offered for sale unless the same shall have been appraised by the department of natural resources within ninety days prior to the date fixed for the sale.
[ 2005 c 155 s 809 ... |
79.140.140 | Bill of sale for valuable material sold separately. | When valuable materials are sold separate from state-owned aquatic lands and the purchase price is paid in full, the department shall cause a bill of sale, signed by the commissioner and attested by the seal of the commissioner's office, setting forth the time within which the material shall be removed. The bill of sal... |
79.140.150 | Sale of rock, gravel, sand, silt, and other valuable materials. | The department, upon application by any person or when determined by the department to be in the best interest of the state, may enter into a contract or lease providing for the removal and sale of rock, gravel, sand, and silt, or other valuable materials located within or upon beds of navigable waters, or upon any sta... |
79.140.160 | Sale of rock, gravel, sand, and silt—Application—Terms of lease or contract—Bond—Payment—Reports. | Each application made pursuant to RCW 79.140.150 shall set forth the estimated quantity and kind of materials desired to be removed and shall be accompanied by a map or plat showing the area from which the applicant wishes to remove the materials. The department may in its discretion include in any lease or contract en... |
79.140.170 | Sale of rock, gravel, sand, and silt—Investigation, audit of books of person removing. | The department may inspect and audit books, contracts, and accounts of each person removing rock, gravel, sand, or silt pursuant to any lease or contract under RCW 79.140.150 and 79.140.160 and make such other investigation and secure or receive any other evidence necessary to determine whether or not the state is bein... |
79.140.180 | Contract for sale of rock, gravel, etc.—Royalties—Consideration of flood protection value. | Whenever, pursuant to RCW 79.15.300 , the department enters into a contract for the sale and removal of rock, gravel, sand, or silt out of a riverbed, the department shall, when establishing a royalty, take into consideration flood protection value to the public that will arise as a result of the removal.
[ 2005 c 155 ... |
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