rcw_number
stringlengths
8
12
title
stringlengths
4
590
text
stringlengths
17
193k
88.16.200
Vessel designed to carry liquefied natural or petroleum gas to adhere to oil tanker provisions.
Any vessel designed for the purpose of carrying as its cargo liquefied natural or liquefied petroleum gas shall adhere to the provisions of RCW 88.16.190 (2) as though it were an oil tanker. [ 2008 c 128 s 14 ; 1991 c 200 s 603 ; 1977 ex.s. c 337 s 16 .] Effective dates — 1991 c 200: See RCW 90.56.901 . Severability — ...
88.16.250
Board of pilotage commissioners authorized to adopt rules—Grays Harbor pilotage district—Tug escort requirements/safety measures for certain oil tankers.
(1) The board of pilotage commissioners may adopt rules to implement this section. The rules may include tug escort requirements and other safety measures for oil tankers of greater than forty thousand deadweight tons, all articulated tug barges, and other towed waterborne vessels or barges within a two-mile radius of ...
88.16.260
Board of pilotage commissioners authorized to adopt rules in consultation with other entities—Tug escorts.
(1)(a) By December 31, 2025, the board of pilotage commissioners, in consultation with the department of ecology, must adopt rules regarding tug escorts to address the peculiarities of Puget Sound for the following: (i) Oil tankers of between five thousand and forty thousand deadweight tons; and (ii) Both articulated t...
88.24.010
Right of riparian owner to construct—Rates.
Any person owning land adjoining any navigable waters or watercourse, within or bordering upon this state, may erect upon his or her own land any wharf or wharves, and may extend them so far into said waters or watercourses as the convenience of shipping may require; and he or she may charge for wharfage such rates as ...
88.24.020
County may authorize wharves and prescribe rates.
(1) Whenever any person shall be desirous of erecting any wharf at the terminus of any public highway, or at any accustomed landing place, he or she may apply to the county commissioners of the proper county, who, if they shall be satisfied that the public convenience requires said wharf, may authorize the same to be e...
88.24.030
City or town may authorize wharves—Rates—Liability.
Whenever any person or persons shall be desirous of erecting a wharf at the terminus of any street of any incorporated town or city in the state, he or she or they may apply to the municipal authorities of such town or city who, if they shall be satisfied that the public convenience requires said wharf, may authorize t...
88.24.040
Construction requirements of wharves—When deemed incomplete.
All wharves now standing, or hereafter to be built, in this state, shall be deemed insufficient, incomplete and unfinished unless they have good and substantial banisters or railing on the sides thereof, or a strip of hewn timber at least eight by ten inches square, well secured all around said wharves within ten inche...
88.24.070
County acquisition by condemnation of right-of-way.
In cases where a person or persons, firm or corporation has acquired a right, title or interest in and to the tidelands or other lands over which it is proposed to build, construct or maintain such wharf or landing, whether such interest be a title in fee simple or as lessee or under contract of purchase or otherwise, ...
88.26.010
Definitions.
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Charges" means charges of a private moorage facility operator for moorage and storage, all other charges owing to or that become owing under a contract between a vessel owner and the private moorage facili...
88.26.020
Securing vessels—Notice—Moving vessels ashore—Regaining possession—Abandoned vessels—Public sale.
(1)(a) Any private moorage facility operator may take reasonable measures, including the use of chains, ropes, and locks, or removal from the water, to secure vessels within the private moorage facility so that the vessels are in the possession and control of the operator and cannot be removed from the facility. These ...
88.26.030
Insurance requirements.
(1) Every private moorage facility operator must: (a) Obtain and maintain insurance coverage for the private moorage facility; (b) Require, as a condition of moorage, all vessels other than transient vessels to provide proof of marine insurance to the moorage facility. (2) Unless rules adopted by the department of natu...
88.28.050
Obstructing navigation—Penalty.
Every person who shall in any manner obstruct the navigable portion or channel of any bay, harbor, or river or stream, within or bordering upon this state, navigable and generally used for the navigation of vessels, boats, or other watercrafts, or for the floating down of logs, cord wood, fencing posts or rails, shall,...
88.28.055
Closure of Camas Slough.
The department of transportation may for highway purposes close off by fill or embankment all water transportation on Camas Slough, a part of the Columbia River extending from a point of land at the confluence of the left bank of the Washougal River and the right bank of the Columbia River to the land on Lady Island wi...
88.28.060
Discharging ballast, when prohibited—Exception—City areas—Penalty.
Every master or mate, or other officer or other person, belonging to or in charge of any vessel, who shall discharge or cause to be discharged the ballast of such vessels into the navigable portions or channels of any of the inlets, bays, harbors or rivers within or bordering on this state, where the water is less than...
88.32.010
Districts authorized.
Every county in this state is hereby authorized and empowered, by and through its county commissioners, whenever the government of the United States is intending or proposing the construction or operation of any river, lake, canal or harbor improvement, partly or wholly within such county, and whenever said board of co...
88.32.020
Improvement commission—Appointment—Oath.
Whenever the board of county commissioners of any such county shall have adjudged as provided in RCW 88.32.010 , said board shall thereupon apply to the person, who, for the time being, shall be judge of the United States district court, for the district within which the county shall be situated, to name eleven reputab...
88.32.030
Improvement commission—Notification of appointment—Organization.
The board of county commissioners of the county, or of the oldest county in case of counties joining, shall cause the persons named for the commission to be notified of their appointment in a notice that shall name all such persons and shall designate the time and place of the first meeting of the commission. The commi...
88.32.040
Establishment of assessment district—Assessments—State lands.
It shall be the duty of such commission to define and establish an assessment district, within such county, comprising all the taxable real property, and also (with the limitations hereinafter expressed) the state shorelands, which shall be specially benefited by said river, lake, canal, or harbor improvement, and to a...
88.32.060
Assessment roll.
Such commission shall also make, or cause to be made, an assessment roll, in which shall appear the names of the owners of the property assessed, so far as known, the description of each lot, block, parcel or tract of land within such assessment district, and the amount assessed against the same, as separate, special o...
88.32.070
Hearing on roll—Date—Notice.
After the return of the assessment roll to the county legislative authority it shall make an order setting a day for the hearing upon any objections to the assessment roll by any parties affected thereby who shall be heard by the county legislative authority as a board of equalization, which date shall be at least twen...
88.32.080
Hearing on roll—Objections—Certification for collection.
Any person interested in any real estate affected by such assessment may appear and file objections to the assessment roll, and the board of county commissioners may make an order regarding the time of filing such objections, as to them seems proper. As to all parcels, lots or blocks as to which no objections are filed...
88.32.090
Appeal from final assessment.
Any person who feels aggrieved by the final assessment made against any lot, block, or parcel of land owned by him or her may appeal therefrom to the superior court of such county. Such appeal shall be taken within the time, and substantially in the manner prescribed by the laws of this state for appeals from justice's...
88.32.100
Lien of assessment—Collection—Payment—Interest.
The final assessment shall be a lien, paramount to all other liens, except liens for taxes and other special assessments, upon the property assessed, from the time the assessment roll shall be approved by said board of county commissioners and placed in the hands of the county treasurer, as collector. After said roll s...
88.32.130
Local improvement fund—Disbursements.
All moneys paid or collected on account of any assessments made pursuant to RCW 88.32.010 through 88.32.220 , shall be kept by the county treasurer in the county depository separate and apart from the other funds of the county, in a fund to be established by the board of county commissioners and to be known as "Local I...
88.32.140
Bonds—Issuance—Sale—Form.
(1) In all cases, the county, as the agent of the local improvement district, shall, by resolution of its county legislative authority, cause to be issued in the name of the county, the bonds for such local improvement district for the whole estimated cost of such improvement, less such amounts as shall have been paid ...
88.32.160
Bonds—Execution.
Each and every bond issued for any such improvement shall be signed by the chair of the county legislative authority and the county auditor, sealed with the corporate seal of the county, and attested by the county clerk. The bonds issued for each local improvement district shall be in the aggregate for such an amount a...
88.32.170
Payment in full—Calls for bonds, notice—Bond owners' rights.
The owner of any lot or parcel of land charged with any assessment as provided for hereinabove, may redeem the same from all liability by paying the entire assessment charged against such lot or parcel of land, or part thereof, without interest, within thirty days after notice to him or her of such assessment, as herei...
88.32.180
Improvement by counties jointly.
Two or more adjoining counties, in which are lands to be benefited by any such improvement as is hereinbefore mentioned, and as will be partly or wholly within one or more of them, may jointly take advantage of the provisions of RCW 88.32.010 through 88.32.220 , and the procedure in such cases shall, as nearly as may b...
88.32.190
Improvement by counties jointly—Procedure.
In every case of such joint action, the preliminary procedure of RCW 88.32.010 having been first had in each county severally, the board of county commissioners of the several counties proposing to join shall unite in such an application as is prescribed in RCW 88.32.020 , and the application shall be made to any perso...
88.32.200
Improvement by counties jointly—Joint board of equalization.
For purposes of a board of equalization, said boards shall from time to time meet as a joint board as aforesaid, and have a chair and clerk as aforesaid, and for all purposes under RCW 88.32.070 and 88.32.080 , in case of counties joining, the word board wherever occurring in said sections shall be interpreted to mean ...
88.32.210
Improvement by counties jointly—Joint assessment roll—Filing, appeals, subsequent proceedings.
The minutes of the proceedings of the joint board and the assessment roll as finally settled by such board shall be made up in as many counterparts as there are counties joining as aforesaid, and shall be signed by the chair and clerk of said board, and one of said counterparts so signed shall be filed by said clerk wi...
88.32.220
Improvement by counties jointly—Expenses of joint board.
The joint board shall keep careful account of its necessary expenses and shall apportion and charge the same to the counties joining, and certify to the board of county commissioners of each such county an itemized statement of the entire account and of the proportionate part of such expense charged to such county and ...
88.32.230
Joint aid river and harbor improvements—Bonds—Election.
Whenever the county legislative authority of any county with a population of one hundred twenty-five thousand or more deems it for the interest of the county to engage in or to aid the United States of America, the state of Washington, or any adjoining county or any city of this state, or any of them, in construction, ...
88.32.235
Joint aid river and harbor improvements—Declared county purpose.
Any and every such purpose as is mentioned in the foregoing section is hereby declared to be a county purpose. [ 1911 c 3 s 2 ; RRS s 9667. Formerly RCW 88.32.230 , part.]
88.32.240
Joint planning for improvement of navigable river—Development of river valley.
Any county together with any port district therein and first-class city in such county may participate jointly in surveys, investigations and studies for determining the location, type and design, with cost estimates, of a project plan for the improvement of any section or sections, within or without the limits of such...
88.32.250
Joint planning for improvement of navigable river—Contract—Joint board to control and direct work.
The joint participation shall be under a contract in writing made in the names of the county, port district, and city, under ordinance or resolution that provides the nature and extent of the work, the extent of the participation of the parties, the division of the costs, and method of payment. The costs shall be paid ...
88.40.005
Intent.
The legislature recognizes that oil and hazardous substance spills and other forms of incremental pollution present serious danger to the fragile marine environment of Washington state. It is the intent and purpose of this chapter to define and prescribe financial responsibility requirements for vessels that transport ...
88.40.011
Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Barge" means a vessel that is not self-propelled. (2) "Bulk" means material that is stored or transported in a loose, unpackaged liquid, powder, or granular form capable of being conveyed by a pipe, bucket,...
88.40.020
Financial responsibility for vessels—Department may update hazardous substances.
(1) The owner or operator of any barge that transports hazardous substances in bulk as cargo, using any port or place in the state of Washington or the navigable waters of the state shall demonstrate financial responsibility in the amount of the greater of $5,000,000, or $300 per gross ton of such vessel. (2)(a) Except...
88.40.025
Financial responsibility for onshore or offshore facilities.
An onshore or offshore facility shall demonstrate financial responsibility in an amount determined by the department as necessary to compensate the state and affected federally recognized Indian tribes, counties, and cities for damages that might occur during a reasonable worst case spill of oil from that facility into...
88.40.030
Financial responsibility—Documentation—Qualification as self-insurer—Certificate.
(1) The owner or operator of a vessel or facility that is required to demonstrate financial responsibility under this chapter may do so by any one of, or a combination of, the following methods acceptable to the department: (a) Evidence of insurance; (b) Surety bonds; (c) Guaranty; (d) Letter of credit; (e) Certificate...
88.40.040
Financial responsibility—Enforcement of federal oil pollution act—Holder of certificate, duties—Director.
(1) The owner or operator of a vessel is not required to demonstrate financial responsibility under this chapter prior to using any port or place in Washington or state waters when necessary to avoid injury to the vessel's crew or passengers. Any vessel owner or operator that does not meet the financial responsibility ...
88.40.060
Violations—Appealable certificate.
(1) Violations of the requirements of this chapter are subject to criminal penalties as provided in RCW 90.56.300 and civil penalties as provided in RCW 90.56.310 . (2) A determination by the department to issue, modify, suspend, revoke, or terminate a certificate issued under this chapter is appealable to the pollutio...
88.46.010
Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Best achievable protection" means the highest level of protection that can be achieved through the use of the best achievable technology and those staffing levels, training procedures, and operational metho...
88.46.020
Coordination with federal law.
In carrying out the purposes of this chapter, including the adoption of rules for contingency plans, the director shall to the greatest extent practicable implement this chapter in a manner consistent with federal law. [ 2000 c 69 s 2 ; 1991 c 200 s 415 .]
88.46.030
Tank vessel inspection programs.
(1) All tank vessels entering the navigable waters of the state shall be subject to inspection to assure that they comply with all applicable federal and state standards. (2) The department shall review the tank vessel inspection programs conducted by the United States coast guard and other federal agencies to determin...
88.46.040
Prevention plans.
(1) The owner or operator for each tank vessel shall prepare and submit to the department an oil spill prevention plan in conformance with the requirements of this chapter. The plans shall be submitted to the department in the time and manner directed by the department. The spill prevention plan may be consolidated wit...
88.46.050
Vessel screening.
(1) In order to ensure the safety of marine transportation within the navigable waters of the state and to protect the state's natural resources, the department shall adopt rules for determining whether cargo vessels and passenger vessels entering the navigable waters of the state pose a substantial risk of harm to the...
88.46.060
Contingency plans.
(1) Each covered vessel shall have a contingency plan for the containment and cleanup of oil spills from the covered vessel into the waters of the state and for the protection of fisheries and wildlife, shellfish beds, natural resources, and public and private property from such spills. The department shall by rule ado...
88.46.0601
Contingency plans—Department to update rules.
By December 31, 2019, consistent with the authority under RCW 88.46.060 , the department must update rules for contingency plans to require: (1) Covered vessels to address situations where oils, depending on their qualities, weathering, environmental factors, and method of discharge, may submerge or sink in water; and ...
88.46.062
Nonprofit corporation providing contingency plan—Findings—Termination of maritime commission.
(1) The legislature finds that there is a need to continue to provide oil spill response and contingency plan coverage for vessels that do not have their own contingency plans that transit the waters of this state. A nonprofit corporation shall be established for the sole purpose of providing oil spill response and con...
88.46.063
Nonprofit corporation providing contingency plan—Transfer of functions and assets from maritime commission.
All reports, documents, surveys, books, records, files, papers, written materials, tangible property, and assets, including contracts and assessment moneys held by the maritime commission shall be transferred to the nonprofit corporation created under RCW 88.46.062 . Funds transferred under this section shall be used f...
88.46.065
Nonprofit corporation providing contingency plan—Liability limited.
A nonprofit corporation established for the sole purpose of providing contingency plan coverage for any vessel in compliance with RCW 88.46.060 is entitled to liability protection as provided in this section. Obligations incurred by the corporation and any other liabilities or claims against the corporation may be enfo...
88.46.068
Adequacy of contingency plans—Practice drills—Rules.
The department shall by rule adopt procedures to determine the adequacy of contingency plans approved under RCW 88.46.060 . The rules shall require random practice drills without prior notice that will test the adequacy of the responding entities. The rules may provide for unannounced practice drills of individual cont...
88.46.070
Enforcement of prevention plans and contingency plans—Determination of violation—Order or directive—Notice.
(1) The provisions of prevention plans and contingency plans approved by the department pursuant to this chapter shall be legally binding on those persons submitting them to the department and on their successors, assigns, agents, and employees. The superior court shall have jurisdiction to restrain a violation of, com...
88.46.073
Violations of rules—Enforcement.
If the director believes a person has violated or is violating or creates a substantial potential to violate the provisions of any rules adopted under this chapter, the director may institute such actions as authorized under RCW 88.46.070 (2) and (3). [ 2006 c 316 s 3 .] Severability — 2006 c 316: See note following RC...
88.46.080
Unlawful operation of a covered vessel—Penalties—Evidence of approved contingency plan or prevention plan.
(1) Except as provided in subsection (3) of this section, it shall be unlawful for the owner or operator to knowingly and intentionally operate in this state or on the waters of this state a covered vessel without an approved contingency plan or an approved prevention plan as required by this chapter, or financial resp...
88.46.090
Unlawful acts—Civil penalty.
(1) Except as provided in subsection (4) of this section, it shall be unlawful for a covered vessel to enter the waters of the state without an approved contingency plan required by RCW 88.46.060 , a spill prevention plan required by RCW 88.46.040 , or financial responsibility in compliance with chapter 88.40 RCW and t...
88.46.100
Notification of vessel emergencies resulting in discharge of oil.
In addition to any notifications that the owner or operator of a covered vessel must provide to the United States coast guard regarding a vessel emergency, the owner or operator of a covered vessel must notify the state of any vessel emergency that results in the discharge or substantial threat of discharge of oil to s...
88.46.120
Tank vessel response equipment standards.
The department may adopt rules including but not limited to standards for spill response equipment to be maintained on tank vessels. The standards adopted under this section shall be consistent with spill response equipment standards adopted by the United States coast guard. [ 2000 c 69 s 11 ; 1991 c 200 s 425 .]
88.46.125
Emergency response system—Funding—Intent—Finding.
(1) It is the intent of the legislature to provide the various components of the maritime industry with the tools necessary to satisfy the requirements of RCW 88.46.130 in the most cost-effective manner. In doing, the legislature encourages, but does not mandate, the maritime industry to unite behind their mutual inter...
88.46.130
Emergency response system.
(1) By July 1, 2010, the owner or operator of a covered vessel transiting to or from a Washington port through the Strait of Juan de Fuca, except for transits extending no further west than Race Rocks light, shall establish and fund an emergency response system that provides for an emergency response towing vessel to b...
88.46.135
Emergency response system—Vessel planning standards.
(1) An emergency response towing vessel that is a part of the emergency response system required by RCW 88.46.130 must be stationed at Neah Bay and be available to respond to vessel emergencies. The towing vessel must be able to satisfy the following minimum planning standards: (a) Be underway within twenty minutes of ...
88.46.139
Emergency response system—Adequacy determination—Practice drills.
(1) As part of reviewing contingency plans submitted under RCW 88.46.130 , the department may determine the adequacy of the emergency response system required in RCW 88.46.130 through practice drills that test compliance with the requirements of RCW 88.46.135 . Practice drills may be conducted without prior notice. (2)...
88.46.160
Refueling, bunkering, or lightering operations—Availability of containment and recovery equipment—Rules.
Any person or facility conducting ship refueling and bunkering operations, or the lightering of petroleum products, and any person or facility transferring oil between an onshore or offshore facility and a tank vessel shall have containment and recovery equipment readily available for deployment in the event of the dis...
88.46.165
Oil transfers—Scope of rules—Reporting volumes of oil transferred.
(1) The department's rules authorized under RCW 88.46.160 and this section shall be scaled to the risk posed to people and to the environment, and be categorized by type of transfer, volume of oil, frequency of transfers, and such other risk factors as identified by the department. (2) The rules may require prior notic...
88.46.167
Inspection authority—Department to conduct specialized reviews and prioritize adding capacity.
In addition to other inspection authority provided for in this chapter and chapter 90.56 RCW, the department may conduct inspections of oil transfer operations regulated under RCW 88.46.160 or 88.46.165 . The department must conduct specialized reviews and prioritize adding capacity for the inspection of oil transfer o...
88.46.170
Field operations program—Coordination with United States coast guard.
(1) The department shall establish a field operations program to enforce the provisions of this chapter. The field operations program shall include, but is not limited to, the following elements: (a) Education and public outreach; (b) Review of lightering and bunkering operations to prevent oil spills; (c) Evaluation a...
88.46.180
Planning standards for equipment—Updates.
(1) The department shall evaluate and update planning standards for oil spill response equipment required under contingency plans required by this chapter, including aerial surveillance, in order to ensure access in the state to equipment that represents the best achievable protection to respond to a worst case spill a...
88.46.190
Rule making for vessels of opportunity response system.
By December 31, 2012, the department shall complete rule making for purposes of improving the effectiveness of the vessels of opportunity [response] system to participate in spill response. [ 2011 c 122 s 3 .]
88.46.200
Advisory marine safety committees—Recommendations.
The director may appoint ad hoc, advisory marine safety committees to solicit recommendations and technical advice concerning vessel traffic safety. The department may implement recommendations made in regional marine safety plans that are approved by the department and over which the department has authority. If feder...
88.46.210
Volunteer coordination system.
(1) The department shall establish a volunteer coordination system. The volunteer coordination system may be included as a part of the state's overall oil spill response strategy, and may be implemented by local emergency management organizations, in coordination with any analogous federal efforts, to supplement the st...
88.46.220
Equipment deployment drills of covered vessels.
(1) The department is responsible for requiring joint large-scale, multiple plan equipment deployment drills of covered vessels to determine the adequacy of the owner's or operator's compliance with the contingency plan requirements of this chapter. The department must order at least one drill as outlined in this secti...
88.46.230
Umbrella plan holders.
(1) When submitting a contingency plan to the department under RCW 88.46.060 , any umbrella plan holder that enrolls both tank vessels and covered vessels that are not tank vessels must, in addition to satisfying the other requirements of this chapter, specify: (a) The maximum worst case discharge volume from covered v...
88.46.250
Model—Assessment of oil spill risks, emergency response towing vessel—Report.
(1) The department must develop and maintain a model to quantitatively assess current and potential future risks of oil spills from covered vessels in Washington waters, as it conducts ongoing oil spill risk assessments. The department must consult with the United States coast guard, potentially affected federally reco...
88.46.260
Vessel traffic patterns, oil spill risks—Effects of rules—Board of pilotage commissioners and department to consider—Notice.
(1) By October 1, 2028, and no less often than every ten years thereafter, the board of pilotage commissioners and the department must together consider: (a) The effects of rules established under RCW 88.16.190 and 88.16.260 on vessel traffic patterns and oil spill risks in the Salish Sea. Factors considered must inclu...
88.46.901
Effective dates—1991 c 200.
See RCW 90.56.901 .
88.46.921
Office of marine safety abolished.
The office of marine safety is hereby abolished and its powers, duties, and functions are hereby transferred to the department of ecology. All references to the administrator or office of marine safety in the Revised Code of Washington shall be construed to mean the director or department of ecology. [ 1991 c 200 s 430...
88.46.926
Apportionments of budgeted funds.
If apportionments of budgeted funds are required because of the transfers directed by *RCW 88.46.922 through 88.46.925 , the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjus...
89.08.005
Short title.
This chapter shall be known and cited as the conservation districts law. [ 1973 1st ex.s. c 184 s 1 ; 1961 c 240 s 1 ; 1939 c 187 s 1 ; RRS s 10726-1.]
89.08.010
Preamble.
It is hereby declared, as a matter of legislative determination: (1) That the lands of the state of Washington are among the basic assets of the state and that the preservation of these lands is necessary to protect and promote the health, safety, and general welfare of its people; that improper land-use practices have...
89.08.020
Definitions.
Unless the context clearly indicates otherwise, as used in this chapter: "Commission" and "state conservation commission" means the agency created hereunder. All former references to "state soil and water conservation committee", "state committee" or "committee" shall be deemed to be references to the "state conservati...
89.08.030
Conservation commission.
There is hereby established to serve as an agency of the state and to perform the functions conferred upon it by law, the state conservation commission, which shall succeed to all powers, duties and property of the state soil and water conservation committee. The commission shall consist of ten members, five of whom ar...
89.08.040
Members—Compensation and travel expenses—Records, rules, hearings, etc.
Members shall be compensated in accordance with RCW 43.03.250 and shall be entitled to travel expenses in accordance with RCW 43.03.050 and 43.03.060 incurred in the discharge of their duties. The commission shall keep a record of its official actions, shall adopt a seal, which shall be judicially noticed, and may perf...
89.08.050
Employees—Delegation—Quorum.
The commission may employ an administrative officer, and such technical experts and such other agents and employees, permanent and temporary as it may require, and shall determine their qualifications, duties, and compensation. The commission may call upon the attorney general for such legal services as it may require....
89.08.060
Assistance of other state agencies and institutions.
Upon request of the commission, for the purpose of carrying out any of its functions, the supervising officer of any state agency or state institution of learning may, insofar as may be possible under available appropriations and having due regard to the needs of the agency to which the request is directed, assign or d...
89.08.070
General duties of commission.
In addition to the duties and powers hereinafter conferred upon the commission, it shall have the following duties and powers: (1) To offer such assistance as may be appropriate to the supervisors of conservation districts organized under the provisions of chapter 184, Laws of 1973 1st ex. sess., in the carrying out of...
89.08.080
Petition to form district—Contents.
To form a conservation district, twenty percent of the voters within the area to be affected may file a petition with the commission asking that the area be organized into a district. The petition shall give the name of the proposed district, state that it is needed in the interest of the public health, safety, and wel...
89.08.090
Notice of hearing—Hearing.
Within thirty days after a petition is filed, the commission shall give due notice of the time and place of a public hearing thereon. At the hearing all interested persons shall be heard. If it appears to the commission that additional land should be included in the district, the hearing shall be adjourned and a new no...
89.08.100
Findings—Order.
After the hearing, if the commission finds that the public health, safety, and welfare warrant the creation of the district, it shall enter an order to that effect and define the boundaries thereof by metes and bounds or by legal subdivisions. In making its findings the commission shall consider the topography of the p...
89.08.110
Election—How conducted.
If the commission finds that the district is needed, it shall then determine whether it is practicable. To assist the commission in determining this question, it shall, within a reasonable time, submit the proposition to a vote of the district electors in the proposed district. The commission shall fix the date of the ...
89.08.120
Ballots.
The commission shall provide the ballots for the election which shall contain the words "□ For creation of a conservation district of the lands below described and lying in the county or counties of . . . . . ., . . . . . . and . . . . . .," and "□ Against creation of a conservation district of the lands below describe...
89.08.130
Notice of election.
The commission shall give due notice of the election, which shall state generally the purpose of the election, the date thereof, the place and hours of voting, and set forth the boundaries of the proposed district. Only qualified district electors within the proposed district as determined by the commission may vote at...
89.08.140
Expense of hearing and election.
The commission shall bear all expense of giving the notices and conducting the hearings and election, and shall issue regulations governing all hearings and elections and supervise the conduct thereof. It shall provide for registration of eligible voters or prescribe the procedure to determine the eligible voters. No i...
89.08.150
Procedure after canvass.
If a majority of the votes cast at the election are against the creation of the district, the commission shall deny the petition. If a majority favor the district, the commission shall determine the practicability of the project. In making such determination, the commission shall consider the attitude of the voters of ...
89.08.160
Appointment of supervisors—Application to secretary of state.
If the commission finds the project practicable, it shall appoint two supervisors, one of whom shall be a landowner or operator of a farm, who shall be qualified by training and experience to perform the specialized skilled services required of them. They, with the three elected supervisors, two of whom shall be landow...
89.08.170
Secretary of state's certificate—Change of name.
If the secretary of state finds that the name of the proposed district is such as will not be confused with that of any other district, he or she shall enter the application and statement in his or her records. If he or she finds the name may be confusing, he or she shall certify that fact to the commission, which shal...
89.08.180
Annexation of territory—Boundary change—Combining two or more districts.
Territory may be added to an existing district upon filing a petition as in the case of formation with the commission by twenty percent of the voters of the affected area to be included. The same procedure shall be followed as for the creation of the district. As an alternate procedure, the commission may upon the peti...
89.08.185
Petition to withdraw from district—Approval or rejection—Disputed petitions.
The local governing body of any city or incorporated town within an existing district may approve by majority vote a petition to withdraw from the district. The petition shall be submitted to the district for its approval. If approved by the district, the petition shall be sent to the commission. The commission shall a...
89.08.190
Nomination and election of supervisors—Annual meeting of voters.
Within thirty days after the issuance of the certificate of organization, unless the time is extended by the commission, petitions shall be filed with the commission to nominate candidates for the three elected supervisors. The petition shall be signed by not less than twenty-five district electors, and a district elec...